Sec. 261.406. INVESTIGATIONS IN SCHOOLS. (a) On receipt of a report of alleged or suspected abuse or neglect of a child in a public or private school, the department shall perform an investigation as provided by this chapter.
(b) The department shall send a copy of the completed report of the department's investigation to the Texas Education Agency or, in the case of a private school, the school's chief executive officer. On request, the department shall provide a copy of the completed report of the department's investigation to the State Board for Educator Certification, the local school board or the school's governing body, the superintendent of the school district, the public school principal or director, or the chief executive officer of the private school, unless the principal, director, or chief executive officer is alleged to have committed the abuse or neglect, for appropriate action. On request, the department shall provide a copy of the report of investigation to the parent, managing conservator, or legal guardian of a child who is the subject of the investigation and to the person alleged to have committed the abuse or neglect. The report of investigation shall be edited to protect the identity of the persons who made the report of abuse or neglect. Except as otherwise provided by this subsection, Section 261.201(b) applies to the release of the report relating to the investigation of abuse or neglect under this section and to the identity of the person who made the report of abuse or neglect.
(c) Nothing in this section may prevent a law enforcement agency from conducting an investigation of a report made under this section.
(d) The executive commissioner shall adopt rules necessary to implement this section.
Added by Acts 1995, 74th Leg., ch. 751, Sec. 100, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 575, Sec. 18, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1150, Sec. 8, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 27, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 213 (H.B. 1970), Sec. 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 14, eff. June 15, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.148, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 22, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 987 (S.B. 1231), Sec. 3, eff. September 1, 2019.
Structure Texas Statutes
Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Subtitle E - Protection of the Child
Chapter 261 - Investigation of Report of Child Abuse or Neglect
Subchapter E. Investigations of Abuse, Neglect, or Exploitation in Certain Facilities
Section 261.401. Agency Investigation
Section 261.402. Investigative Reports
Section 261.404. Investigations Regarding Certain Children Receiving Services From Certain Providers
Section 261.405. Investigations in Juvenile Justice Programs and Facilities
Section 261.406. Investigations in Schools
Section 261.407. Minimum Standards
Section 261.408. Information Collection
Section 261.409. Investigations in Facilities Under Texas Juvenile Justice Department Jurisdiction