Policy FFG: Student Welfare: Child Abuse and Neglect

This policy governs how Conroe ISD handles cases of child abuse and neglect, including definitions of key terms, reporting requirements for school employees, and consequences for failing to report.

2026-02-17adopted · Meeting notes

This update to Conroe ISD's Child Abuse and Neglect policy (FFG) makes comprehensive legislative changes including: adding detailed definitions of abuse, professional, professional school employee, and a new "subject person" category; expanding training requirements; adding a new "Notice to Parent or Guardian" section; adding an "Official Immunity Waived" section for grossly negligent or reckless employees; removing the prior 48-hour written/oral report requirement language; and adding a new consequence for professional school employees who fail to report (loss of official immunity/legal liability).

Added

Definitions section heading (entire section added as new): 'Abuse includes the following acts or omissions by a person: (1) mental or emotional injury to a child that results in an observable and material impairment in the child's growth, development, or psychological functioning; (2) causing or permitting the child to be in a situation in which the child sustains a mental or emotional injury that results in an observable and material impairment in the child's growth, development, or psychological functioning; (3) physical injury that results in substantial harm to the child, or the genuine threat of substantial harm from physical injury to the child, including an injury that is at variance with the history or explanation given and excluding an accident or reasonable discipline by a parent, guardian, or managing or possessory conservator that does not expose the child to a substantial risk of harm; (4) failure to make a reasonable effort to prevent an action by another person that results in physical injury that results in substantial harm to the child; (5) sexual conduct harmful to a child's mental, emotional, or physical welfare, including conduct that constitutes the offense of continuous sexual abuse of young child or disabled individual under Section 21.02, Penal Code, indecency with a child under Section 21.11, Penal Code, improper relationship between educator and student under Section 21.12, Penal Code, sexual assault under Section 22.011, Penal Code, or aggravated sexual assault under Section 22.021, Penal Code; (6) failure to make a reasonable effort to prevent sexual conduct harmful to a child; (7) compelling or encouraging the child to engage in sexual conduct as defined by Section 43.01, Penal Code, including compelling or encouraging the child in a manner that constitutes an offense of trafficking of persons under Section 20A.02(a)(7) or (8), Penal Code, solicitation of prostitution under Section 43.021, Penal Code, or compelling prostitution under Section 43.05(a)(2), Penal Code; (8) causing, permitting, encouraging, engaging in, or allowing the photographing, filming, or depicting of the child if the person knew or should have known that the resulting photograph, film, or depiction of the child is obscene as defined by Section 43.21, Penal Code, or pornographic; (9) the current use by a person of a controlled substance as defined by Chapter 481, Health and Safety Code, in a manner or to the extent that the use results in physical, mental, or emotional injury to a child; (10) causing, expressly permitting, or encouraging a child to use a controlled substance as defined by Chapter 481, Health and Safety Code; (11) causing, permitting, encouraging, engaging in, or allowing a sexual performance by a child as defined by Section 43.25, Penal Code; (12) knowingly causing, permitting, encouraging, engaging in, or allowing a child to be trafficked in a manner punishable as an offense under Section 20A.02(a)(5), (6), (7), or (8), Penal Code, or the failure to make a reasonable effort to prevent a child from being trafficked in a manner punishable as an offense under any of those sections; or (13) forcing or coercing a child to enter into a marriage.'
Professional definition added: 'Professional includes an individual who is licensed or certified by the state or who is an employee of a facility licensed, certified, or operated by the state and who, in the normal course of official duties or duties for which a license or certification is required, has direct contact with children, including teachers.'
Professional School Employee definition added: 'Professional School Employee includes: (1) a superintendent or administrator serving as educational leader and chief executive officer of the school, principal or equivalent chief operating officer, teacher, including a substitute teacher, supervisor, social worker, school counselor, nurse, and teacher's aide employed by a public school; (2) a teacher employed by a company that contracts with a public school to provide the teacher's services to the school; (3) a student in an education preparation program participating in a field experience or internship; (4) a school bus driver certified in accordance with standards and qualifications adopted by the Department of Public Safety of the State of Texas; (5) a member of the board of trustees of an independent school district or a member of the governing body of an open-enrollment charter school; and (6) any other person employed by a public school whose employment requires certification and the exercise of discretion.'
Subject Person definition added: 'Subject Person includes those persons who (1) are employed by the District, (2) volunteer time or services on behalf of the District (3) directly interact with District students including contractors, vendors, and other individuals.'
Training section: 'Professional School Employees' (replacing 'employees')
Training section: 'include this Policy and address mandatory reporting requirements, the definition of abuse, reporting to parents or guardians,' (added to training content description)
Reporting section: 'As defined in state law, child abuse and neglect include both sex and labor trafficking of a child.'
Reporting section: structured 'If a Professional has reasonable cause to believe: (1) that a child has been abused or neglected or may be abused or neglected; or (2) that a child is a victim of an offense under Section 21.11, Penal Code, or (3) that a child has been abused as defined by this Policy, The Professional shall make a report not later than the 24th hour after the hour the Professional first has reasonable cause to believe. A Professional may not delegate to or rely on another person to make the report.'
Notice to Parent or Guardian section (entire section added): 'The District shall provide notice to a parent or guardian of a student with whom a District Subject Person provider for the District is alleged to have engaged in misconduct. The notice shall include: (1) that allegation misconduct occured; (2) how the misconduct was addressed with the Subject Person, including whether the Subject Person was terminated following an investigation of the alleged misconduct or resigned before completion of the investigation; and (3) whether a report was submitted to the agency or board concerning the alleged misconduct. The report shall be made as soon as feasible after the District becomes aware that the alleged misconduct may have occurred. As used in this section, "misconduct" has the meaning assigned at Texas Education Code § 22A.051(a)(2)(A)-(D).'
Official Immunity Waived section (entire section added): 'A Public School Employee that is grossly negligent or reckless, or engages in intentional misconduct, is liable for an act or omission that is committed by the employee against a student enrolled in the school involving: (1) sexual misconduct; or (2) failure to report suspected child abuse or neglect.'
Failing to Report section, item 5 added: 'Who is a professional school district employee may be prohibited from asserting official immunity and may incur legal liability.'

Removed

Training section: 'employees' (replaced by 'Professional School Employees')
Reporting section: 'The following individuals have an additional legal obligation to submit a written or oral report within 48 hours of learning of the facts giving rise to the suspicion of abuse or neglect: 1. Any District employee, agent, or contractor who suspects a child's physical or mental health or welfare has been adversely affected by abuse or neglect. 2. A professional who has reasonable cause to believe that a child has been or may be abused or neglected or may have been a victim of indecency with a child. A professional is anyone licensed or certified by the state who has direct contact with children in the normal course of duties for which the individual is licensed or certified.'

Legal Compliance Summary

AI-generated assessment. Verify citations independently before relying on this analysis.

Reporting Deadline Updated: State law S.B. 571 changed the required reporting deadline for certain school employees from 48 hours to 24 hours. This policy reflects that updated requirement and removes the old 48-hour language to stay consistent with current law.
New Employee Liability Rule: H.B. 4623 created a new state law, effective September 1, 2025, that removes legal protections for professional school employees who are grossly negligent, reckless, or commit intentional misconduct involving sexual abuse or failure to report abuse. This policy adds a new section that describes when an employee can lose that legal protection and face personal liability.
Parent Notification Requirements: S.B. 571 added a new section to the Texas Education Code (§ 22A.053) requiring schools to notify parents or guardians when a staff member is found to have committed misconduct against their child. The policy adds a new notice section that reflects those required content items and timing.
Expanded Notice Coverage: The state law requirement for parent notification covers employees and service providers. The district's policy extends that same notification process to a broader group it calls 'Subject Persons,' which includes volunteers, contractors, and vendors — a category the district defined locally beyond what the statute requires.
Mandatory Reporting Definitions: S.B. 571 updated the Texas Family Code to define who counts as a 'professional' required to report suspected abuse within 24 hours. The policy adds or updates definitions for 'Professional' and 'Professional School Employee' to match the classes of people identified in state law as having specific reporting duties or liability exposure.
Training Content Added: The policy expands the list of topics that must be covered in staff training to include this policy itself, mandatory reporting requirements, the definition of abuse, and how to notify parents or guardians. This specific list of training topics was not mandated by any cited state law and reflects a local decision by the district.

Legal Compliance Details Mixed

AI-generated assessment. Verify citations independently before relying on this analysis.

Abuse definition (detailed 13-part statutory definition added to policy) Locally Discretionary

Statutory basis: Texas Family Code § 261.001, as amended by SB 571 (89th Leg., R.S., Ch. 1138)

Verified via: verbatim statute text

Local additions: The statute analysis provides only one partial verbatim quote from § 261.001 (the reasonable-discipline carve-out). The analysis contains no 'shall adopt' or 'must include' mandate requiring the district to reproduce the full 13-part definition in local policy. Under the GROUNDING RULE, no supporting quote from the statute analysis compels the district to publish this definition locally. The district chose to incorporate the statutory definition into its LOCAL policy — a compliance-motivated discretionary choice. Classified Locally Discretionary because no verbatim statutory mandate to reproduce the definition in local board policy is present in the statute analysis.

Professional definition added Required by Law

Statutory basis: Texas Family Code § 261.101(b), as amended by SB 571 (89th Leg., R.S., Ch. 1138)

Verified via: verbatim statute text

Local additions: The 'Professional' definition is operationally required to correctly identify who bears the mandatory 24-hour reporting obligation under § 261.101(b). The statute's 'shall make a report' mandate applies specifically to a 'professional' as statutorily defined; the district must accurately reflect that definition to implement the mandatory duty. The added phrase 'including teachers' is consistent with the statute's scope. No local additions beyond the statutory definition are evident.

Professional School Employee definition added Required by Law

Statutory basis: Texas Civil Practice and Remedies Code Chapter 118, as created by HB 4623 (89th Leg., R.S., effective September 1, 2025)

Verified via: verbatim statute text

Local additions: The definition is drawn directly from HB 4623's Ch. 118, CPRC framework, which creates immunity-waiver liability for 'professional school employees.' The district must correctly define the class of persons to whom the statutory prohibition and liability apply. The six enumerated subcategories track the statutory definition. No locally expanded categories are evident.

Subject Person definition added Locally Discretionary

Verified via: unverified

Local additions: The 'Subject Person' category — encompassing District employees, volunteers, contractors, vendors, and other individuals who directly interact with students — does not appear in any statute cited in the statute analysis. No statute requires or expressly authorizes this defined category. The district created it locally, apparently to extend the scope of the Notice to Parent or Guardian section beyond the statutory minimum. This is an entirely local policy choice.

Training section — substitution of 'Professional School Employees' for 'employees' Required by Law

Statutory basis: Texas Civil Practice and Remedies Code Chapter 118, as created by HB 4623 (89th Leg., R.S., effective September 1, 2025)

Verified via: verbatim statute text

Local additions: The substitution aligns the training section with the legally operative term 'Professional School Employee' defined in HB 4623 and used in Ch. 118, CPRC. This is a required conforming terminology update to reflect the statute's operative defined class. No local additions.

Training content expansion — adding 'this Policy and address mandatory reporting requirements, the definition of abuse, reporting to parents or guardians' Locally Discretionary

Verified via: unverified

Local additions: The statute analysis contains no provision mandating or expressly authorizing this specific training content. No supporting quote from any cited statute compels inclusion of these specific topics in training. The district exercised genuine discretion in specifying these particular training content requirements.

Reporting section — trafficking language ('child abuse and neglect include both sex and labor trafficking') Locally Discretionary

Statutory basis: Texas Family Code § 261.001, as amended by SB 571 (89th Leg., R.S., Ch. 1138)

Verified via: verbatim statute text

Local additions: While trafficking is included within the statutory definition of abuse under § 261.001, the statute analysis contains no mandate requiring the district to add a separate narrative statement in the Reporting section stating that abuse includes trafficking. The district chose to add this explanatory sentence. The underlying statutory fact is correct, but the local policy choice to restate it as a standalone sentence in the Reporting section is a locally discretionary drafting decision with no 'shall include' mandate in the statute analysis.

Reporting section — 24-hour mandatory reporting requirement for professionals (three-part trigger and non-delegation rule) Required by Law

Statutory basis: Texas Family Code § 261.101(b), as amended by SB 571 (89th Leg., R.S., Ch. 1138)

Verified via: verbatim statute text

Local additions: The mandatory 24-hour reporting obligation ('shall make a report') is directly required by § 261.101(b). The non-delegation rule ('A Professional may not delegate to or rely on another person to make the report') is equally required by the statute's express prohibition. Both are grounded in verbatim quotes from the statute analysis. No local additions beyond the statutory requirements.

Removal of prior 48-hour written/oral report requirement language Required by Law

Statutory basis: Texas Family Code § 261.101(b), as amended by SB 571 (89th Leg., R.S., Ch. 1138)

Verified via: verbatim statute text

Local additions: SB 571 replaced the prior 48-hour framework with the 24-hour requirement. Retaining the prior 48-hour language would create a policy that directly conflicts with current law. Removal is a required conforming edit compelled by the statute's amendment. No local additions.

Notice to Parent or Guardian section — core statutory requirements (misconduct occurred; termination/resignation status; report to agency; as soon as feasible) Required by Law

Statutory basis: Texas Education Code § 22A.053, as created by SB 571 (89th Leg., R.S., Ch. 1138)

Verified via: verbatim statute text

Local additions: None for this sub-element. The three required content items (that misconduct occurred; termination/resignation status; whether a report was submitted) and the 'as soon as feasible' timing requirement are each grounded in verbatim quotes from TEC § 22A.053 in the statute analysis.

Notice to Parent or Guardian section — extension to locally defined 'Subject Person' (volunteers, contractors, vendors beyond statutory scope) Locally Discretionary

Verified via: unverified

Local additions: TEC § 22A.053 covers persons 'employed by or acting as a service provider for the entity.' The district's policy extends the notice obligation to its broader locally defined 'Subject Person' category, which includes volunteers and other individuals not clearly within the statutory scope. This expansion beyond the statutory minimum is a local policy choice not required or expressly authorized by any verbatim quote in the statute analysis.

Official Immunity Waived section (entire new section — gross negligence/recklessness/intentional misconduct liability for sexual misconduct or failure to report) Required by Law

Statutory basis: Texas Civil Practice and Remedies Code Chapter 118, as created by HB 4623 (89th Leg., R.S., effective September 1, 2025)

Verified via: verbatim statute text

Local additions: The policy restates the operative legal effect of Ch. 118, CPRC: that public school employees who are grossly negligent, reckless, or engage in intentional misconduct lose official immunity and face liability for acts involving sexual misconduct or failure to report. Both the immunity prohibition and the governmental immunity waiver are grounded in verbatim quotes in the statute analysis. The district had no discretion to omit this legal consequence. No meaningful local additions — the policy accurately reflects the statutory liability framework.

Failing to Report section — item 5 (professional school district employees lose official immunity/face legal liability for failure to report) Required by Law

Statutory basis: Texas Civil Practice and Remedies Code Chapter 118, as created by HB 4623 (89th Leg., R.S., effective September 1, 2025)

Verified via: verbatim statute text

Local additions: The new consequence — that a professional school employee who fails to report may be prohibited from asserting official immunity and may incur legal liability — is a direct restatement of the statutory prohibition in Ch. 118, CPRC, grounded in a verbatim quote from the statute analysis. The use of 'may be prohibited' and 'may incur' is a slightly conservative restatement of the statute's mandatory prohibition, but this understates rather than expands the statute and adds no local substance. No local additions.

FFG: Student Welfare: Child Abuse and Neglect

Local Changes (2)

Added

Removed

Legal Compliance Summary

Legal Compliance Details Mixed

Added

Removed