Shelby County Board of Education
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6017
 
Issued Date: 08/26/10


CHILD ABUSE AND CHILD SEXUAL ABUSE

Definitions
For purposes of this policy as provided in T.C.A. §37-1-403(i) “school” means any public or privately operated child care agency as defined in T.C.A. §71-3-501 which includes preschool, nursery school, kindergarten, elementary or secondary school.


    1. It is the law of the state of Tennessee that teachers or other persons employed in the public schools are required to report suspected child abuse and neglect.
    2. An abused or neglected child shall mean any child less than 18 years of age whose parent(s) or other person responsible for the child's care:
      1. Creates or inflicts, threatens to create or inflict, or allows to be created or inflicted upon such a child a physical or mental injury by other than accidental means, or creates a substantial risk of death, disfigurement, impairment of bodily or mental functions;
      2. Neglects or refuses to provide care necessary for the child's health;

      3. Abandons such child; or

      4. Commits or allows to be committed any sexual acts upon a child in violation of the law.

 

REPORTING OF BRUTALITY, ABUSE, NEGLECT OR CHILD SEXUAL ABUSE
Any person who has knowledge or is called upon to render aid to a child who is suffering from or has sustained any wound, injury, disability or physical or mental condition shall report this type harm immediately, if caused by brutality, abuse or neglect. (T.C.A. § 37-1-403) Any person with such knowledge shall report by phone or otherwise to the Department of Children's Services (DCS) and simultaneously report such action to the Principal of the school, Director of Counseling or law enforcement agency.

NOTIFICATION TO PARENTS OF ABUSE ON SCHOOL GROUNDS OR UNDER SCHOOL SUPERVISION
Pursuant to the future well being of the child, school teachers, school officials or any other school personnel who have knowledge or reasonable cause to suspect: (1) that a child who attends the school may be a victim of child abuse or child sexual abuse, and (2) that the abuse occurred on school grounds or while the child was under the supervision of the school, the following actions shall be taken:

    1. If the alleged abuser is a school employee, the employee shall immediately be placed on paid administrative leave pending investigation. If the alleged abuser is a student, the student shall be given due process and shall be separated either by suspension, expulsion or otherwise from the alleged victim pending investigation.

    2. The Principal shall notify the Department of Children’s Services.

    3. The Principal shall verbally notify the parent or legal guardian of the child within twenty-four hours with coordination with the Department of Children's Services. The notice shall not be given to any parent or legal guardian if there is reasonable cause to believe that the parent or legal guardian may be the perpetrator or in any way responsible for the child abuse or child sexual abuse.

    4. After the parent or legal guardian has been given notice, the Principal or designated person, shall provide the parent or legal guardian all school information and records relevant to the alleged abuse or sexual abuse, if requested by the parent or legal guardian; provided that the information is edited to protect the confidentiality of the identity of the person who made the report, any other person whose life or safety may be endangered by the disclosure and any information made confidential pursuant to Federal law of T.C.A. §10-7-504. Other agencies or departments' records shall not be released.

    5. The Principal shall contact the Student Federal Rights Coordinator and the Employee Federal Rights Coordinator who shall immediately commence an investigation of the complaint.

    6. After the investigation by the Federal Rights Coordinators has been concluded, the Federal Rights Coordinators shall contact the Principal regarding their findings and in the event the charges are substantiated, appropriate disciplinary action shall be taken against the alleged abuser.

    7. If the charges are substantiated, the Principal shall advise the parents of the measures that have been taken to ensure that no further instances of child abuse or child sexual abuse occur again in the future.

    8. If a teacher, school official or any other school personnel has knowledge or reasonable cause to suspect that a child who attends such school may be a victim of child abuse or child sexual abuse sufficient to require reporting and that the abuse occurred on school grounds or while the child was under the supervision or care of the school, then the principal or other person designated by the school shall verbally notify the parent or legal guardian of the child that a report has been made and shall provide other information relevant to the future well-being of the child while under the supervision or care of the school. The verbal notice shall be made in coordination with the Department of Children's Services to the parent or legal guardian within twenty-four (24) hours from the time the school, teacher, school official or other school personnel reports the abuse to the Department of Children's Services; provided, that in no event may the notice be later than twenty-four (24) hours from the time the report was made. The notice shall not be given to any parent or legal guardian if there is reasonable cause to believe that the parent or legal guardian may be the perpetrator or in any way responsible for the child abuse or child sexual abuse.

      Once notice is given as provided above, the principal or other designated person shall provide to the parent or legal guardian all school information and records relevant to the alleged abuse or sexual abuse, if requested by the parent or legal guardian; provided, that the information is edited to protect the confidentiality of the identity of the person who made the report, any other person whose life or safety may be endangered by the disclosure, and any information made confidential pursuant to federal law or T.C.A. § 10-7-504(a)(4). The information and records described above shall not include records of other agencies or departments.


PENALTIES
Any person required to file a report regarding suspected child abuse and neglect who is found guilty of failure to do so is subject to disciplinary action up to and including termination, as well as current legal penalties established by the state and legislature.

Any employee found to have committed child abuse or child sexual abuse upon any Shelby County student shall be terminated from their employment with Shelby County Schools.

Any student found to have committed child abuse or child sexual abuse upon another student shall receive the appropriate disciplinary action which may include expulsion.



T.C.A. § 37-1-403
T.C.A. § 37-1-410
T.C.A. § 37-1-605
T.C.A. § 49-6-1601