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Child Abuse Law and School Policy

NCJ Number
128853
Journal
Education and Urban Society Volume: 22 Issue: 3 Dated: special issue (May 1990) Pages: 247-257
Author(s)
A W McEvoy
Date Published
1990
Length
11 pages
Annotation
Since the 1960's and the advent of child abuse mandatory reporting laws, school authorities have been challenged to meet both the spirit and letter of the law. Complicated laws, a lack of clear definitions of abuse or administrative guidelines, and inadequate funding are some of the problems confronted by school policymakers.
Abstract
Because child abuse laws are found in criminal codes, juvenile court codes, and civil statutes, educators are often confused over proper identification and reporting procedures regarding child maltreatment as well as their own responsibilities in terms of intervention and prevention. Furthermore, the constitutionality of many of these statutes has yet to be tested. School child abuse policies serve a dual role of protecting the children from harm and protecting the school from liability. One approach taken by many districts is that of a protection team composed of educators, mental health workers, social workers, nurses, and law enforcement personnel. Staff training requirements are usually not outlined clearly in legislation in contrast to teacher mandates to report suspected abuse cases. Confidentiality is an issue closely linked to that of mandatory reporting. Of course, schools may also be held liable for child abuse committed by school staff; the debate over whether corporal punishment constitutes maltreatment continues in many States. Current legislation affords schools wide discretion in fashioning child abuse prevention programming, however the concept appears to be gaining support among professionals engaged in protection efforts. 16 references