Relating to a report of child abuse or neglect made by an employee of a school district or an open-enrollment charter school.
Impact
If enacted, HB 4209 would significantly impact the way in which allegations of child abuse and neglect are reported within the state’s educational framework. The bill mandates that employees be required to report potential abuse not only to the Department of Family and Protective Services but also to local or state law enforcement agencies depending on the nature of the evidence. This collaborative approach aims to strengthen the investigation process and ensure that cases of abuse are addressed more promptly and effectively.
Summary
House Bill 4209 is a legislative proposal that amends existing statutes concerning the reporting of child abuse or neglect by employees of school districts and open-enrollment charter schools in Texas. It specifically addresses the processes and responsibilities of educational institutions regarding the reporting of such incidents, including situations related to child trafficking. The proposed changes entail that these employees must develop a policy to guide their reporting duties in alignment with state law requirements.
Contention
There may be notable points of contention related to this bill, particularly surrounding the implications of mandatory reporting and the cooperative policies mandated between schools and law enforcement. Some education advocates express concerns that such requirements could lead to over-reporting and potentially deter individuals from disclosing information for fear of legal repercussions or mistrust among families. Furthermore, stakeholders may discuss the adequacy of resources for law enforcement agencies to handle increased reporting requirements effectively.
Texas Constitutional Statutes Affected
Education Code
Chapter 38. Health And Safety
Section: New Section
Family Code
Chapter 261. Investigation Of Report Of Child Abuse Or Neglect
Relating to the operation of open-enrollment charter schools, including enrollment procedures and the applicability of certain laws to open-enrollment charter schools.
Relating to the reporting requirement for certain prohibited conduct by an employee of a public school and the definitions of abuse and neglect of a child.
Relating to requiring a school district or open-enrollment charter school to report data regarding certain disciplinary or law enforcement actions taken against students.
Relating to the prohibition on instruction and certain activities regarding sexual orientation or gender identity provided or allowed by school districts, open-enrollment charter schools, and district and charter school employees.
Relating to the prohibition on instruction and certain activities regarding sexual orientation or gender identity provided or allowed by school districts, open-enrollment charter schools, and district and charter school employees.