school abuse reports go to law enforcement too

The text as introduced · 391 words

89R14609 E

By: Luther
H.B. No. 4209

A BILL TO BE ENTITLED

AN ACT

relating to a report of child abuse or neglect made by an employee

of a school district or an open-enrollment charter school.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 38.004(a), Education Code, is amended to

read as follows:

(a) The agency shall develop a policy governing the reports

of child abuse or neglect, including reports related to the

trafficking of a child under Section 20A.02(a)(5), (6), (7), or

(8), Penal Code, as required by Chapter 261, Family Code, for school

districts, open-enrollment charter schools, and their employees.

The policy must provide for cooperation with law enforcement child

abuse investigations without the consent of the child's parents if

necessary, including investigations by the Department of Family and

Protective Services. The policy must require each school district

and open-enrollment charter school employee to report child abuse

or neglect, including the trafficking of a child under Section

20A.02(a)(5) or (7), Penal Code, in the manner required by Chapter

261, Family Code , except that a school district or open-enrollment

charter school employee must make the report to both the Department

of Family and Protective Services and a local or state law

enforcement agency if the report is based on evidence that a person

engaged in misconduct described by Section 22.093(c)(1)(A) or

(B) . Each school district and open-enrollment charter school

shall adopt the policy.

SECTION 2. Section 261.103, Family Code, is amended by

amending Subsection (a) and adding Subsection (d) to read as

follows:

(a) Except as otherwise provided by this section

[ Subsections (b) and (c) ] and Section 261.405, a report shall be

made to:

(1) any local or state law enforcement agency;

(2) the department; or

(3) the state agency that operates, licenses,

certifies, or registers the facility in which the alleged abuse or

neglect occurred.

(d) Notwithstanding any other provision of this section, an

employee of a school district or open-enrollment charter school who

is required to make a report of child abuse or neglect that is based

on evidence that a person engaged in misconduct described by

Section 22.093(c)(1)(A) or (B), Education Code, must make the

report to both the department and a local or state law enforcement

agency.

SECTION 3. This Act takes effect September 1, 2025.