40 Tex. Admin. Code § 707.607 - How is child abuse and neglect defined for the purpose of a school investigation?
(a)
For the purpose of an investigation in a school setting, the terms abuse and
neglect shall have the meaning assigned to those terms in the Texas Family Code
§
261.001(1) and
(4), as those terms are further defined in
division 1 of subchapter A of this chapter (relating to Intake, Investigation,
and Assessment), unless the definition is clearly inapplicable to reports of
abuse or neglect in school settings or as otherwise provided in this
subchapter.
(b) Abuse and neglect
in this context do not include the following:
(1) Use of restraints or seclusion that do
not meet the statutory definitions of child abuse or neglect;
(2) Actions that school personnel or
volunteers at the child's school reasonably believe to be immediately necessary
to avoid imminent harm to the child or other individuals, if the actions:
(A) are limited only to those actions
reasonably believed to be necessary under the existing circumstances;
and
(B) do not include acts of
unnecessary force or the inappropriate use of restraints or seclusion, such as
the use of restraints or seclusion as a substitute for lack of staff;
(3) Reasonable
discipline.
(c)
Notwithstanding subsection (b) of this section, if there are allegations in the
report that otherwise meet the definition of "abuse" or "neglect" by school
personnel or volunteers in a school setting, those allegations will be
investigated in accordance with this subchapter.
Notes
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