APS Provider Investigations April 2017
Releasing the APS Investigation to School Officials
The investigator sends a copy of the final Abuse and Neglect Report and Form 2300 Notice of Conclusion of Investigation (School Employees) to:
• the facility;
• the Texas State Board of Educator Certification;
• the president of the local school board or the school’s governing body; and
• the school principal or director, unless the principal or director is the alleged perpetrator.
The Notice of Conclusion of Investigation (School Employees) includes information about the designated perpetrator’s right to an administrative review after release of findings involving confirmed allegations. The letter also states that if any allegations have been confirmed, APS notifies the entities listed above.
Human Resources Code §48.102(a).
Notification of Release of Findings for School Employees
At the conclusion of the investigation, and immediately following the release of the report to school officials, the investigator sends Form 2301 Notification of Release – School Investigation to the perpetrator, regardless of the findings. The notification is sent by certified mail, return receipt requested, unless it is determined that a more immediate form of written notification is required.
In confirmed cases only, the notification must also include the following forms found on the DFPS intranet:
• Form 2302 Rights of Designated Perpetrators in Validated Cases (School Employees) — includes notice that the perpetrator may request a copy of the report, a warning that the request may be denied if it would jeopardize a criminal investigation, and notice that the designated perpetrator must request an appeal in writing within 30 days.
• Form 4885-G Request for DFPS Records.
If the designated perpetrator’s mailing address is not known, the APS specialist may mail the notice to him or her in care of the school.
Criteria for Administrative Review for School Employees
An administrative review is not offered to the alleged perpetrator before release to school officials. In addition:
• a review is offered only if the disposition of the allegation is Confirmed; and
• no release hearing is offered following a review.
Request for an Administrative Review for School Employees
The request for an administrative review is addressed to the APS district director or the district director’s designee and must be received within 30 days after the official notice is mailed by DFPS.
If DFPS does not receive the request within 30 days after DFPS mails the official notice, the designated perpetrator has waived his or her right to an administrative hearing.
School employees are not offered release hearings, regardless of the outcome of the administrative review.
Notification of Final Findings for School Employees
Once an administrative review has been completed, the district director or designee sends copies of the Findings of Administrative Review (School Employees) letter (Form 2303) to the perpetrator by certified mail, return receipt requested. Copies are also sent to all entities notified of the original findings.
When the designated perpetrator does not request an administrative review, the district director or designee sends Form 2304 Notice of Final Findings of Investigation (School Employees) to the perpetrator by certified mail, return receipt requested. Copies are also sent to all entities notified of the original findings.