TEC 38.0041

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Child Abuse
Child Abuse Reporting & Programs
TEC 38.004
Sexual Abuse Prevention Training
TEC 38.0041
Clara Cáceres Contreras, B.S., M.Ed., ACPS, IPS
Advanced Certified Prevention Specialist
International Prevention Specialist
School Health/Safe Schools
Region One Education Service Center
956-984-6125
ccontreras@esc1.net
www.esc1.net/schoolhealth
Child Abuse
The Role of the School TEC - 38.004
CHILD ABUSE REPORTING AND PROGRAMS
(a) The agency shall develop a policy governing the child
abuse reports REQUIRED by Chapter 261, Family
Code, of school districts 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 Protective and Regulatory Services. Each
school district shall adopt the policy.
(b) Each school district SHALL provide child abuse
ANTI-VICTIMIZTION programs in
elementary and secondary schools.
Policies Addressing Sexual Abuse & Other
Maltreatment of Children - TEC 38.0041
(a) Each school district shall adopt and implement a policy
addressing sexual abuse and other maltreatment of
children, to be included in the district improvement
plan under Section 11.252 and any informational
handbook provided to students and parents.
(b) A policy required by this section must address:
(1) methods for increasing staff, student, and parent
awareness of issues regarding sexual abuse and other
maltreatment of children, including prevention
techniques and knowledge of likely warning signs
indicating that a child may be a victim of sexual abuse or
other maltreatment, using resources developed by the
agency under Section 38.004;
Policies Addressing Sexual Abuse & Other
Maltreatment of Children - TEC 38.0041
(2) actions that a child who is a victim of sexual abuse or other
maltreatment should take to obtain assistance and intervention;
(3) available counseling options for students affected by sexual
abuse or other maltreatment.
(c) The methods under Subsection (b)(1) for increasing
awareness of issues regarding sexual abuse and other
maltreatment of children must include training, as
provided by this subsection, concerning prevention techniques for
and recognition of sexual abuse and all other maltreatment of
children.
The training: (1) must be provided, as part of a new employee
orientation, to all new school district employees on a schedule
adopted by the agency by rule until all district employees have
taken the training; and
Policies Addressing Sexual Abuse & Other
Maltreatment of Children - TEC 38.0041
(2) must include training concerning:
(A) factors indicating a child is at risk for sexual abuse or
other maltreatment;
(B) likely warning signs indicating a child may be a victim of sexual
abuse or other maltreatment;
(C) 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;
(D) techniques for reducing a child's risk of sexual abuse or other
maltreatment; and
(E) community organizations that have relevant existing
research-based programs that are able to provide training or other
education for school district or open-enrollment charter school staff
members, students, and parents.
Policies Addressing Sexual Abuse & Other
Maltreatment of Children - TEC 38.0041
(d) For any training under Subsection (c), each school district shall
maintain records that include the name of each district staff
member who participated in the training.
(e) If a school district determines that the district does not have sufficient
resources to provide the training required under Subsection (c), the
district shall work in conjunction with a community organization to
provide the training at no cost to the district or charter school.
(f) The training under Subsection (c) may be included in staff
development under Section 21.451.
(g) A school district employee may NOT be subject to any
disciplinary proceeding, as defined by Section 22.0512(b), resulting
from an action taken in compliance with this section. The requirements
of this section are considered to involve an employee's judgment and
discretion and are not considered ministerial acts for purposes of
immunity from liability under Section 22.0511. Nothing in this section
may be considered to limit the immunity from liability provided under
Section 22.0511.
Sec. 38.0042 - POSTING CHILD ABUSE
HOTLINE TELEPHONE NUMBER
(a) Each public school shall post in a clearly visible
location in a public area of the school that is
readily accessible to students a sign in English and
in Spanish that contains the toll-free telephone
number operated by the Department of Family
and Protective Services to receive reports of child
abuse or neglect.
(b) The commissioner may adopt rules relating to
the size and location of the sign required by
Subsection (a).
Child Abuse Trainings
SEXUAL ABUSE PREVENTION TRAINING: DARKNESS TO LIGHT
WWW.D2L.ORG/TXED
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
(DFPS) PROVIDES ONLINE TRAINING AND PRINTED
CERTIFICATES
HTTP://WWW.DFPS.STATE.TX.US/TRAINING/REPORTING/RECOG
NIZING.ASP
TEA Letter - Mandatory 2014-2015
Child Sexual Abuse Prevention Training & Posting of
Child Abuse Hotline Number
http://www.tea.state.tx.us/index4.aspx?id=25769814844
Poster
 All campuses are required to post, at student eye-level, in at least
one high-traffic area, and in both English and Spanish, a poster
(11 x 17 inches or larger) with information that includes the
Texas DFPS Abuse Hotline telephone number, instructions to call
911 and directions to www.txabusehotline.org.
 To download a poster that was developed to meet the
requirements of TEC, §38.0042, and TAC, §61.1051, visit:
http://www.onewithcourage.org/take-action/for-educators/
 Additional information about child abuse and neglect reporting
and prevention resources visit TEA’s Child Abuse Prevention
website: http://www.tea.state.tx.us/index.aspx?id=2820
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