Can a Louisiana school require teachers to report suspected employee child abuse only through supervisors?

Plain-English summary

The State Superintendent asked whether a school board could require employees who learn of suspected child abuse by another school employee or volunteer to notify a supervisor, who would then notify the superintendent. The policy left further action to the superintendent or board attorney. The Attorney General concluded that this policy did not comply with Louisiana law because it interfered with teachers' duty to report suspected abuse by someone other than a caretaker directly to law enforcement.

The opinion distinguished reports by the suspected abuser's role. A teacher who suspects abuse by a parent or other statutory caretaker must report to the Department of Children and Family Services (DCFS), which must investigate, including when the report arises in a nonresidential school. An operator or employee of such a school is excluded from the cited caretaker definition. Suspected abuse by a teacher or other school employee therefore must be reported to law enforcement; the opinion said DCFS is not statutorily required to investigate that kind of report. It also noted that dual reporting to DCFS and law enforcement is permitted for suspected caretaker abuse.

What this means for you

Louisiana teachers

Under the opinion, a report to a supervisor does not replace the required direct report to law enforcement when the suspected abuser is a school employee or another person outside the caretaker category. When the suspected abuser is a parent or caretaker, the opinion identifies DCFS as the required recipient.

School boards and administrators

The submitted supervisor-first policy conflicted with the teacher's reporting duty. The AG read Louisiana law as prohibiting a school board policy that forbids or discourages direct reporting of apparent illegal activity to law enforcement or hinders law enforcement's response on school property.

Child protection agencies

The opinion says DCFS must initiate an investigation when a teacher reports suspected caretaker abuse in a nonresidential school. It does not impose that investigation duty on DCFS for suspected abuse by school employees.

Common questions

Q: Can a teacher report suspected child abuse by another teacher only to a principal?
A: No. The opinion says suspected abuse by someone other than a caretaker must be reported to law enforcement, and the proposed supervisor route could not replace that duty.

Q: Does DCFS have to investigate suspected abuse at a nonresidential school?
A: For a report of suspected abuse by a statutory caretaker, yes. The opinion says DCFS is not required by the cited statutes to investigate alleged abuse by a teacher or school employee.

Q: Is a school employee a caretaker under the definition used here?
A: The opinion says Louisiana Children's Code article 603(4)(a) excludes an operator or employee of a nonresidential school from the caretaker definition.

Q: May a teacher report suspected caretaker abuse to both DCFS and police?
A: Yes. The opinion says dual reporting to DCFS and a local or state law enforcement agency is permitted.

Background and statutory framework

The opinion applied Children's Code articles 603, 609, and 610 to teacher reporting and DCFS investigations. It also quoted the state law barring school board policies that prevent or discourage direct reports of apparent illegal activity to law enforcement. The submitted policy channeled employee abuse allegations through supervisors and discretionary action by the superintendent, so the AG found it unlawful.

Citations and references

• La. Ch. Code art. 603(4)(a), the cited caretaker definition.
• La. Ch. Code art. 609, addressing reporting procedures.
• La. Ch. Code art. 610, addressing reports to DCFS or law enforcement.
• La. R.S. 17:81.7, quoted in the opinion as prohibiting school board interference with law enforcement reports.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/24-0091

Original opinion text

STATE OF LOUISIANA
DEPARmENT OF JUSTICE
OFFICE OF THE Arr0RNEY GENEiL
P.O. Box goo
BATON ROUGE, LA
70804-9005

Liz MuRRILL
ATToRNEy GENERAL
July 9, 2024
OPINION 24-0091

                                                 100       SCHOOL & SCHOOL DISTRICTS               —    Teachers, Principals, &

Superintendent, Sabbatical leave, Extracurricular activities, Students

Dr Cade Brumle”
.
La. Ch. Code art 603
La. R.S. 14:403
. -7
La. Ch. Code art 609
La. RB. 17:81.7
State Superintendent
La. Ch. Code art 610
Claiborne Building . . . . . .

DCFS is required to initiate an investigation in nonresidential schools when
. . .
.

I 201 N 3rd Street
a teacher reports suspected child abuse by a caretaker as defined by La.
Baton Rouge LA 70802
Ch. Code art. 603(4)(a). Teachers are mandator’i reporters and are required
, to report to law enforcement abuse or neglect by someone other than a caretaker. A school board may not enact a policy that interferes with a Dear Dr Brumley
. teacher’s obligation or ability to contact law enforcement when abuse of a .
child is suspected.

You requested an opinion of this office regarding: I ) the legality of a school board’s policy for investigating and reporting allegations of child abuse or neglect; and 2) the obligations of the Department of Children and Family Services (“DCFS”) to investigate suspected child abuse or neglect, as defined by La. Ch. Code art 603, in nonresidential schools. The policy you submitted to our office provides that when a school employee receives information about child abuse committed by another school employee or volunteer, the employee shall “notify the appropriate immediate supervisor of the accused individual, and that supervisor in turn will as soon as reasonably possible, notify the Superintendent or designee.” The policy affords discretionary authority for the superintendent or school board’s attorney to “determine what appropriate action the school system may take over and above the investigation being conducted by the appropriate state agency.”

For the reasons that follow, we determine that the policy you submitted to this office does not comply with the law and that DCFS is required to initiate an investigation in nonresidential schools when a teacher reports suspected child abuse by a caretaker as defined by La. Ch. Code art. 603(4)(a).

Pursuant to La. Ch. Code art. 603(17)(d), teachers are mandatory reporters. As such, they are required to report to law enforcement abuse or neglect.1 Louisiana Children’s Code Article 603(2)(a) defines abuse, in pertinent part, as follows:

(1 ) “Abuse” means any one ofthe following acts which seriously endangers the physical, mental, or emotional health of the child;

1See La. Ch. Code art. 610(A)(1). Louisiana Children’s Code Article 610(A)(1) also requires teachers to report to the Department of Children and Family Services when abuse has occurred against a child and the abuser is believed to be a parent, caretaker, a person dating the parent or caretaker, or a person living in the same residence as the caretaker.

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Dr. Cade Brumley
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(a) The infliction, attempted infliction, or, as a result of inadequate supervision, the allowance of the infliction or attempted infliction of physical or mental injury upon the child by a parent or any other person . .

The act of abuse must seriously endanger the physical, mental, or emotional health of the child. If a teacher believes that the actions of a teacher, school employee, or volunteer rises to the level of abuse as outlined in La. Ch. Code art. 603(2)(a), then the teacher must report the act according to La. Ch. Code art 609 using the procedures provided in La. Ch. Code art 610, orface possible criminal liability under La. R.S. 14:403.

Louisiana Revised Statutes I 7:81 .7 states:

A. No parish or city school board shall adopt any rule, regulation, or other policy, formal or informal, which forbids or discourages any teacher or other school board employee from reporting directly to any appropriate law enforcement authority any apparent criminal activity by any person involving, or appearing to involve, controlled dangerous substances, or any other apparent illegal activity.

B. No parish or city school board shall adopt any rule, regulation, or other policy, formal or informal, which would have the effect of preventing or hindering the response of law enforcement officials on school board property to reports of illegal activity.

The policy you submitted to our office violates La. R.S. 17:81.7. The policy directs teachers to report abuse by another teacher or school employee to their supervisor who in turn notifies the superintendent, who then decides upon a course of action. This contravenes La. Ch. Code art. 609, which requires that a teacher immediately report to law enforcement abuse by someone other than a caretaker.

Turning to your next question, pursuant to La. Ch. Code art. 61 0(A)(1 ), reports of abuse where the abuser is believed to be a parent or caretaker shall be immediately reported to DCFS. Dual reporting to both DCFS and the local or state law enforcement agency is permitted. Id. Louisiana Children’s Code Article 603(4)(a) specifically excludes from the definition of caretaker an operator or employee of a nonresidential school. Accordingly, when a teacher suspects and reports abuse of a child by a caretaker, DCFS is required to investigate. But when the suspected abuse was committed by a teacher or school employee, DCFS is not required by statute to investigate. If a teacher believes that the actions of a teacher or school employee rises to the level of abuse as outlined in La. Ch. Code art. 603(2)(a), then pursuant La. Ch. Code art 610, the teacher must report the act to law enforcement for investigation.

Considering the foregoing, it is the opinion of this office that DCFS is required to initiate an investigation in nonresidential schools when a teacher reports suspected child abuse by a caretaker as defined by La. Ch. Code art. 603(4)(a). Furthermore, teachers are mandatory reporters and are required to report to law enforcement abuse or neglect by

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Dr. Cade Brumley
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someone other than a caretaker. A school board may not enact a policy that interferes with a teacher’s obligation or ability to contact law enforcement when abuse of a child by someone other than a caretaker is suspected.

We trust this adequately responds to your request. However, if our office can be of further assistance, please do not hesitate to contact us.

With best regards,

LiZ MURRILL
ATTORNEY GENERAL

BY:___
Amanda M. LaGroue
Assistant Attorney General

LM:AML