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*  Professional Prospective:
Special Education (AKA Functional Academics) Teacher - Middle School
*  Audience:  Teachers attending Professional Learning in preparation for the beginning of the school year (August 11-13 & August 17-18, 2021)
Topic:  Child Abuse and Neglect -
In the state of Texas, anyone suspecting child abuse or neglect are legally obligated to report it.  The TOPIC of child abuse and neglect is most relevant in school systems. As educators, we are required to take the children placed in our care and ensure that nothing harmful happens to them.  As educational professionals, we fall under the title of Professional Reporter.  This means as one of the groups assigned to the Professional Reporters group, we, within the education system, are required to report suspected child abuse and/or neglect must report the suspicion within 48 hours.

The Texas Department of Family and Protective Services has a free training at the link below to teach Professional Reporters all about detection and reporting of child abuse and neglect.

Texas Department of Family and Protective Services. (2021). Reporting suspected abuse or neglect of a child: A guide for professionals.
https://www.dfps.state.tx.us/training/reporting/default.asp

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Summary of Topic - Child abuse and Neglect.

I chose this topic because it is very dear to my heart.  As an abused child myself, I have a great urgency within myself to "save" those that are not able to do it for themselves.  According to Suter (2015), more that 3 million child abuse in the United States are reported each year and of these approximately 1500 of those children pass away.  It is of the greatest importance that these innocent children are protected.

The information on child abuse and neglect is very important to teachers, administration, and districts as a whole because it is our duty to protect the children since most of them cannot protect themselves.  I work in Special Education (AKA Functional Academics) and these children definitely (most of the time) do not have the verbalization skills to be able to ask for help.  Or, some children are so scared by threats of retaliation that they will not volunteer the information.

The impact of child abuse and neglect on the education society includes but is not limited to:
* psychological abuse
* emotional abuse
* physical abuse
* sexual abuse
It also affects the students when negligent situations:
*
(Tex. Fam. Code § 261.001 (a-m) & 261.004).

Platoff (2020) discusses the overworked Texas Child welfare system.  In the article, she talks about how children are dying within the foster care system.  There were numerous reports for a child, but he ended up passing away before he could be removed from his abusive foster home.  U.S. District Judge Janis Jack was assigned to Texas and ordered "sweeping changes" and lawmakers added over $500 million.  However, the problem still exists. This is an ongoing investigation until the state of Texas Department of Family and Protective Services is in compliance.

Platoff, E. (2020). Years after a judge ordered fixes, Texas’ child welfare system continues to expose children to harm, federal monitors say. The Texas Tribute.

https://www.texastribune.org/2020/06/16/texas-child-welfare-harm-federal-monitors/

Suter, W. (2015, December 9).  Child abuse and the law. Hoover Institute. https://www.hoover.org/research/child-abuse-and-law

Tex. Fam. Code § 261.001 (a-m) & 261.004

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.1.htm

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm

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Professional Association for teachers:

Texas Council of Administrators of Special Education (TCASE)
Not only is this a teacher association, it is a teacher association for special education teacher for the benefit of the special education students.
"TCASE provides you with educational opportunities that prepare you to successfully navigate the shifting landscape of special education, policy, law, best practices and leadership issues. We advocate for special education leaders in Texas public schools (TCASE, 2021).

Texas Council of Administrators of Special Educators (TCASE). (2021).
https://www.tcase.org/page/aboutv2

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The CPS Investigation

When Child Protective Services (CPS) becomes involved in an investigate of child abuse or neglect, the reporter could be a teacher, doctor, police officer (assigned to the school or not), family member, or even a neighbor.  Once a call is made, CPS is obligated to investigate.  The article reiterates that everyone (professional reports) in contact with the children/students are legally obligated to contact CPS within 48 hours (Children's Commission, 2015).

Children's Commission. (2015). The CPS investigation. Supreme Court of Texas Permanent Judicial Commission for Children, Youth, and Families - Parent Resource Guide.
http://parentresourceguide.texaschildrenscommission.gov/library_item/gov.texaschildrenscommission.parent_resource_guide/9

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Child Abuse Cases Got More Severe During COVID-19.  Could Teachers Have Prevented It?

Teachers/education personnel are trained know the signs of child abuse and neglect.  In this article, Sparks (2021) discusses how the confirmed evidence of child abuse and neglect increased by 30 % between 2019-2020 during the time students were at home during school closures.  At a time when teachers are normally around to help protect students by recognize the signs of the abuse and neglect, they are only visible to the students via Zoom or other means of school technology like Google classroom.

A clinical research coordinator at University of California, San Francisco, who is also a doctoral researcher at U.C. Irvine told Sparks, "by the time children are identified, the abuse they have suffered is more severe than it otherwise would have been had teachers or the educational society had been available at the time (Sparks, 2021)."

Sparks, S. D. (2021, June 01). Child abuse cases got more severe during COVID-19. Could teachers have prevented it? EducationWeek.
https://www.edweek.org/leadership/child-abuse-cases-got-more-severe-during-covid-19-could-teachers-have-prevented-it/2021/06

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Constitutional Law – Amendment I

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances (U.S. Const. amend I)."

Basically, the federal government leaves the regulation of schools to the states.  The states determine the laws to govern the school systems, such as the Texas Education Agency of T.E.A.

U.S. Const. Amend I

https://www.archives.gov/founding-docs/bill-of-rights-transcript?_ga=2.133008014.1604207535.1626558723-910213267.1603846057

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Statutory Law – The Texas Education Code requires that Texas schools offer and educate all students no matter their geographic boundaries.   The Texas Education Code covers all students, including children with disabilities, no matter the severity or profoundness.  The description included for the education code establishes a student's right to go to school.

The Texas Family Code defines child abuse and neglect and what is required of the person finding the abuse.  Abuse is a threat of injury or bodily harm to a child. Neglect is leaving a child in a position knowing that the child's basic needs are not met, and the child is left in a position where harm could come to the child.  (Tex. Fam. Code § 261.001 (a-m) & 261.004).

Texas Family Code § 261.001(c) (2021).

Texas Family Code § 261.004 (A)(i) (2021).

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.1.htm

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm

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Administrative Law – The
Texas Department of Family and Protective Services created a Central Registry to keep track of perpetrators of child abuse and neglect.  This Central Registry has four main duties; however the second one best represents school children - "CPS investigations conducted pursuant to TFC §261.406, as further described in Chapter 700, Child Protective Services, Subchapter D of this title (relating to School Investigations) [40 Tex. Adm. Code §702.253 (c)(2)(2012)]."

The Texas Department of Family and Protective Services is a state agency that enforces abuse and neglect of children, persons over the age of 65, and people who are disabled.  The agency establishes guidelines to follow with a phone number (1-800-252-5400) and a web address (http://www.txabusehotline.org) to assist those reporting the abuse.  It is state law for anyone witnessing any form of child abuse or neglect to report it immediately.

https://www.dfps.state.tx.us/Contact_Us/report_abuse.asp
Another agency, the National Center for Injury Prevention and Control, Division of Violence Prevention, to acquire information about child abuse and neglect and report any instances found/known.

https://www.cdc.gov/violenceprevention/childabuseandneglect/fastfact.html

National Center for Injury Prevention and Control, Division of Violence Prevention. (2021, March 15). Preventing Child Abuse & Neglect. Violence Prevention. https://www.cdc.gov/violenceprevention/pdf/can/CAN-factsheet_508.pdf
40 Tex. Adm. Code §702.253 (c)(2)(2012).

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Judicial Law – Ohio v. Clark as reported by Suter, 2015, in the Ohio v. Clark case, the Supreme Court ruled in favor of a minor child (a three-year-old) whose preschool teacher noticed some abrasions.  She questioned him as to how he received them.  His response was his mother's boyfriend (her pimp-she was out of town on a job prostituting herself for her boyfriend) because mom was out of town. She left her children in his care while she was gone. The teacher reported the incident immediately.  Both the three-year-old and his 18-month-old sister were picked up, and multiple injuries were found on both children. The Supreme Court ruled since the child's remarks were made to a teacher with no malicious intent, the teacher's testimony would stand.  Clark previously in appellant court got the ruling overturned due to the child not testifying for himself and the court accepting the teacher's word on his behalf.

Suter, W. (2015, December 9).  Child abuse and the law. Hoover Institute. https://www.hoover.org/research/child-abuse-and-law

https://www.hoover.org/research/child-abuse-and-law

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San Angelo Independent School District's policy in reporting suspected child abuse or neglect according to the Commissioner of Education's rule (19 TAC 61.1051) requires that employees "be provided information and an annual review on how and to whom to report their suspicion or knowledge of child abuse or neglect." The employees of San Angelo I.S.D. are required to complete yearly professional training to increase their awareness of sexual abuse and other forms of abuse or neglect of children.

San Angelo Independent School District. (2021) San Angelo I.S.D.: Notice of Policies & Laws 2020-2021.

https://resources.finalsite.net/images/v1592509019/saisdorg/zztke7jcwpqu40jphpbh/NoticeofPoliciesandLaws2020-2021.pdf

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Texas Administrative Code

TITLE 19 | EDUCATION
PART 7 | STATE BOARD FOR EDUCATOR CERTIFICATION
CHAPTER 247 | EDUCATORS' CODE OF ETHICS
RULE §247.2 | Code of Ethics and Standard Practices for Texas Educators

(1) Professional Ethical Conduct, Practices and Performance.
(G) Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other state and federal laws.
(I) Standard 1.9. The educator shall not make threats of violence against school district employees, school board members, students, or parents of students.
(3) Ethical Conduct Toward Students.
(B) Standard 3.2. The educator shall not intentionally, knowingly, or recklessly treat a student or minor in a manner that adversely affects or endangers the learning, physical health, mental health, or safety of the student or minor.
(E) Standard 3.5. The educator shall not intentionally, knowingly, or recklessly engage in physical mistreatment, neglect, or abuse of a student or minor.

19 Tex. Adm. Code § 247.2(1)(G & I).
19 Tex. Adm. Code § 247.2(3)(B & E).

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2

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School Personnel and Child Abuse and Neglect Reporting Behavior: An Integrative Review

If school personnel do not report suspected child abuse or neglect to the proper authorities, it might make it harder for early intervention.  Thus, leaving the child to suffer the negative effects of the abuse. "Because children spend a large amount of their time at schools, school personnel are in a good position to identify and report cases of child abuse and neglect  (Zeinab & Hanna, 2020)."  Because of this, teachers and students build relationships that are trust enabling the student to feel comfortable enough to disclose if someone is abusing them.

A study in the United States because it is mandatory for educational personnel, 77% of abuse and neglect cases were reported by school personnel.

Zeinab, A. & Hanna, K. (2020, May). School personnel and child abuse and neglect reporting behavior: An integrative review. ScienceDirect - Children and Youth Services Review, 112.
https://www.sciencedirect.com/science/article/pii/S0190740919312721

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Take away about child abuse and neglect and the school system is:

*  SAISD requires all their employees to be trained each year to recognize signs of child abuse and neglect.
*  Teachers are considered Professional Reports and must be trained to adequately fulfill this position.
*  As Professional Reporters, teachers or educational personnel are required to report suspected abuse or neglect within 48 hours of the suspicion.
*   There were more than 3 million cases of abuse and neglect each year and of that approximately 1500 pass away.
*    Neglect can be defined as: a child not having adequate food, clothing, shelter - basic human necessities; the assurance medical care; and, failing to remove a child from dangerous environment.
*   Child abuse can be defined as: mental, emotional, physical injury or failure to ensure that the child is removed from an area that could lead to substantial harm to the child.

Child abuse and neglect is a serious problem in American. This is an issue that desires and demands we as educators to stand up and take charge and try to put an end to it.