When a student or parent experiences harm or injustice at the hands of a public school, the natural reaction is to seek accountability. But in Texas, public school districts enjoy a level of legal protection that makes pursuing a lawsuit difficult – sometimes nearly impossible. This protection is known as governmental immunity, and it’s a major barrier for anyone seeking to hold a Texas school district legally accountable as an Arlington, TX business litigation attorney who has been rated by Super Lawyers can share.
What Is Governmental Immunity?
Governmental immunity is a legal doctrine that protects state and local governments – including public schools and school districts – from being sued without their consent. This doctrine is rooted in the idea of sovereign immunity, which historically held that “the king can do no wrong.” While this may sound outdated, it still applies in modern law, particularly when it comes to suing public institutions.
In the context of Texas public schools, this means that most lawsuits against a school district will be dismissed unless the plaintiff can prove that the district has waived its immunity, either by statute or by voluntarily participating in certain types of legal matters.
When Can You Sue A Texas School District?
There are limited exceptions under which a Texas school district may be sued. These generally include:
– Breach Of Contract: If a school district enters into a valid written contract and then fails to fulfill its obligations, it may waive its immunity under the Texas Local Government Contract Claims Act. However, even in these cases, plaintiffs must meet very specific requirements to survive dismissal.
– Tort Claims Involving Motor Vehicles: Under the Texas Tort Claim Act, immunity is waived for certain personal injury or property
damage claims involving the operation or use of a motor vehicle. For example, if a school bus driver negligently causes an accident, the district might be liable.
– Employment Disputes: In some instances, former employees may sue for wrongful termination or discrimination under state and federal employment laws, although immunity may still limit the damages they can recover.
Notably, immunity is not waived for most student related claims, including those involving bullying, negligent supervision, or academic decisions. In these cases, plaintiffs often find that their legal options are extremely limited.
What About Private Schools?
It’s important to distinguish between public and private institutions. Private schools in Texas are not considered government entities and therefore do not enjoy governmental immunity. That said, private schools may still have strong legal defenses, depending on the nature of the claim, but they are not shielded by the same legal doctrine that protects public schools.
Why This Matters
Governmental immunity often leaves parents and students feeling powerless, particularly when legitimate harm has occurred. While the doctrine serves to protect public funds and allow schools to function without constant legal threats, it also creates a legal imbalance that can be frustrating for families seeking justice. After all, schools have a duty of care to keep students safe, but this does not always happen.
If you believe you have a legal issue involving a Texas school or school district, it is crucial to consult with an attorney who understands the nuances of governmental immunity.
Suing a Texas public school district is far from straightforward. While there are exceptions to the general rule of immunity, they are narrow and often require skilled legal strategy to work through. If you are facing a school related legal issue whether it is with something like an IEP plan or a personal injury, don’t assume the situation is hopeless – reach out to an experienced legal team that can help you assess the strength of your case. Contact a lawyer who has received a 10.0 rating from Avvo at the Brandy Austin Law Firm for help.
