Many allegations of child molestation and sexual abuse begin with the child reporting the incident to a teacher or another school employee.
As mandated reporters, educators and other school staff must remain informed on the topic of child abuse. School personnel represents the largest professional resource for reporting suspected child abuse and neglect in Texas. Education leaders can promote awareness of Texas laws and the safety of Texas students by developing effective reporting policies, programs, and employee training.
Texas Education Code (TEC) §38.004 covers child abuse reporting and programs. It specifies that:
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- The agency must maintain on its website a list of links to sites that provide information regarding the prevention of child abuse, and develop and periodically update a training program on prevention of child abuse that a school district may use for staff development.
- Each school district shall provide child abuse anti-victimization programs in elementary and secondary schools.
TEC §38.0041 requires school districts and open-enrollment charter schools to:
- Adopt and implement a policy addressing sexual abuse and other maltreatment of children and include that policy in the district improvement plan and any informational handbook provided to students and parents and participate in training on prevention techniques and recognition of sexual abuse and other forms of child maltreatment.
Each school district and open-enrollment charter school must also maintain records that include the name of each district or charter school staff member who participates in the training. This training must include:
- factors indicating a child is at risk for sexual abuse or other maltreatment
- likely warning signs indicating a child may be a victim of sexual abuse or other maltreatment
- internal procedures for seeking assistance for a child who is at risk for sexual abuse or other maltreatment, including referral to a school counselor, a social worker, or another mental health professional
- techniques for reducing a child’s risk of sexual abuse or other maltreatment
- community organizations that have relevant existing research-based programs that are able to provide training or other education for a school district or open-enrollment charter school staff members, students, and parents
- maintaining records that include the name of each district or charter school staff member who participated in the training.
TEC §38.0042 requires all school campuses to post in at least one high-traffic area, in both English and Spanish, a poster, at student eye-level, with information that includes the Texas Department of Family and Protective Services (DFPS) Abuse hotline telephone number, instructions to call 911 and directions to the www.txabusehotline.org.
Additional Resources
TASB – Freedom from Abuse, Discrimination and Bullying – The Texas Association of School Boards (TASB) Policy Service Model Student Handbook has information and resources on child abuse and maltreatment.
Texas Family Code Chapter 261 – Read more about Investigations and reports of child abuse and neglect.
Texas Education Code (TEC) §38.004 and TEC §38.0041 – Read more about child abuse reporting and training.
Texas Administrative Code §61.1051 – Read more about reports on child abuse and neglect.
Conclusion
The criminal defense attorneys in Texas at Dunham & Jones, Attorneys at Law represent clients who have been charged with child sexual abuse crimes. Contact our offices at 800-499-8455 to schedule an initial consultation, either in the office or on the phone.