BATON ROUGE, La. — A pivotal change in a Louisiana state law mandates that school employees must now bypass superiors and report any suspicions of child abuse directly to law enforcement. This legislative shift aims to enhance the protection of students by preventing possible delays or cover-ups within schools.
Previously, some school districts had policies requiring staff to report suspected abuse to their immediate supervisors, a practice that has come under scrutiny. Critics argue it could potentially hinder the reporting process, driven by fear of retaliation. However, proponents claim it allows for rapid internal action to protect students during an investigation.
The debate prompted state Superintendent of Education Cade Brumley to request clarification from the Attorney General after parent advocates expressed concern. The subsequent legal opinion confirmed that several public school systems were not aligning with state requirements. The Attorney General emphasized that direct reporting to law enforcement is essential to ensure immediate and unbiased investigations.
To address these discrepancies, Brumley collaborated with Representative Kim Carver, R-Mandeville, to draft a bill, passed in the recent legislative session, refining the child abuse law. The updated statute, Act 216, clearly states that any abuse suspicions involving a student by a teacher or school staff must be communicated promptly to appropriate law enforcement agencies. The law additionally safeguards informants from any form of employer retaliation and supports employees in lodging complaints if prevented from reporting directly to law enforcement.
Act 236 emerged in response to what Brumley described as a significant gap in the former legislative framework, which failed to explicitly direct the reporting process. The lack of clear legal guidance likely contributed to inconsistencies across districts.
Some districts, like Jefferson Parish and St. Tammany, have commenced updates to their policies following Governor Jeff Landry’s approval of the law in May. Meanwhile, concerns linger that the legislation allows for the continued requirement of reporting to supervisors in addition to law enforcement, which some fear might discourage reporting.
Kathleen Cannino, an advocate for students and families in St. Tammy Parish, highlighted these fears. “People are afraid to report it,” she commented, reflecting the anxiety that potential internal pushbacks could suppress crucial interventions.
In defense of the dual-reporting structure, school board attorneys from both Jefferson and St. Tammany parishes argue that it equips the district to take swift protective measures by separating the accused from students early in the investigative process. “It is an additional notice requirement that allows the school board to take appropriate action under the circumstances,” expressed Patricia Adams, Chief Legal Counsel for Jefferson Parish.
Brumley reassures that the state Department of Education is committed to enforcing the new law and supports districts in aligning their policies with state mandates. He acknowledged, however, that the department’s ability to enforce compliance is limited and ultimately, grievances may need judicial resolution.
The Department of Education confirmed that Act 216 explicitly prohibits any retaliation against mandated reporters, reinforcing protections for those who uphold the law. This step represents a significant advance in ensuring a safer environment for Louisiana’s students, aiming to foster a more immediate and transparent response to child abuse allegations.