86R4673 EAS-F
 
  By: Bettencourt S.B. No. 1231
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to providing certain public and private school
  administrators with information regarding certain child abuse and
  neglect investigations and allegations.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 261.105(d), Family Code, is amended to
  read as follows:
         (d)  If the department initiates an investigation and
  determines that the abuse or neglect does not involve a person
  responsible for the child's care, custody, or welfare, the
  department shall refer the report to a law enforcement agency for
  further investigation.  If the department determines that the
  abuse or neglect involves an employee of a public or private 
  elementary or secondary school, and that the child is a student at
  the school, the department shall orally notify the superintendent
  of the school district, the director of the open-enrollment charter
  school, or the chief executive officer of the private school in
  which the employee is employed about the investigation.
         SECTION 2.  Section 261.308(d), Family Code, is amended to
  read as follows:
         (d)  The department shall release information regarding a
  person alleged to have committed abuse or neglect to persons who
  have control over the person's access to children, including, as
  appropriate, the Texas Education Agency, the State Board for
  Educator Certification, the local school board or the school's
  governing body, the superintendent of the school district, [or] the
  public school principal or director, the director of the
  open-enrollment charter school, or the chief executive officer of
  the private school if the department determines that:
               (1)  the person alleged to have committed abuse or
  neglect poses a substantial and immediate risk of harm to one or
  more children outside the family of a child who is the subject of
  the investigation; and
               (2)  the release of the information is necessary to
  assist in protecting one or more children from the person alleged to
  have committed abuse or neglect.
         SECTION 3.  Sections 261.406(a) and (b), Family Code, are
  amended to read as follows:
         (a)  On receipt of a report of alleged or suspected abuse or
  neglect of a child in a public or private school [under the
  jurisdiction of the Texas Education Agency], 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,
  [and] the public school principal or director, or the chief
  executive officer of the private school, unless the principal, [or]
  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 [Other than the persons authorized by the section to
  receive a copy of the report], 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.
         SECTION 4.  This Act takes effect September 1, 2019.