Child Abuse Reporting for Private Schools
By Richard R. Hammar, J.D., LL.M., CPA
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Every state has enacted legislation requiring specified individuals to report known or reasonably suspected incidents of child abuse to designated state authorities. Most states include private school and child care workers among the listing of those persons having a mandatory duty to report. It is essential for private school teachers and administrators to familiarize themselves with applicable state law, since there are some variations among the state laws. For example, some states only require teachers and administrators to report known or suspected cases of abuse that came to their attention in the course of their professional duties as a school worker. Many states recognize that school workers may report their suspicions to school administrators, but specify that such internal reporting does not avoid the duty to report to state authorities. Further, some states limit the definition of “abuse” to physical, sexual, or emotional harm inflicted by a parent or other person responsible for the care of the victim.
In many cases, the facts do not clearly demonstrate that abuse in fact has occurred. The question in such cases is whether school personnel have “reasonable cause” to believe that abuse has occurred. A duty to report exists even if school personnel are not certain that abuse has occurred, so long as there is reasonable cause to believe that it has. Obviously, a duty to report exists if school personnel have actual knowledge that abuse has occurred.
It is a good practice for school personnel to discuss any actual or suspected incident of abuse with a local attorney who is familiar with the state child abuse reporting statute. The question of child abuse reporting by clergy is discussed in other articles.1
For related information on this topic see the following articles:Incorporation and Tax Exemption of Private Religious Schools
Proof of Nondiscrimination in Private Schools
Right to Attend Private Schools
The Distinction Between Public and Private Education
Discharge and Discipline of Students of Private Schools
Discharge and Discipline of Teachers
Application of Federal Labor and Discrimination Laws to Private Schools
Government Regulation of Private Schools
Zoning Laws and Private Schools
Safety and Health Regulations for Private Schools
Taxation of Private Religious Schools
Legal Liability for Student Injuries