Sovereign Immunity And Governmental Immunity
Public schools in Texas are part of the state government. Historically, they enjoy sovereign immunity, meaning they cannot be sued in many cases for torts (i.e., wrongful acts like negligence) unless the law allows it. There are certain statutory exceptions (waivers) where immunity is explicitly limited or removed. If you would like to know more about how this applies to a personal injury claim, our Dallas, TX personal injury lawyer is available to discuss your case.
Texas Tort Claims Act (TTCA)
- This is one of the main statutes that provides waivers of immunity, but its scope is limited. For example, claims may be allowed when injuries result from the negligent use or operation of school-owned motor vehicles or dangerous conditions of property owned by governmental units.
- For many other kinds of negligence (e.g., general accidents, bullying, non-motor vehicle scenarios), immunity often remains in effect.
Education Code, Code Of Civil Practice & Remedies, And New Laws
- Texas has laws specific to school-employee liability. For example, Section 21.912 of the Education Code gives immunity to school employees in many situations, especially where their actions are within the scope of their employment, unless certain exceptions apply (e.g., negligence causing bodily injury to students, or using excessive force in discipline).
- Effective September 1, 2025, there is a new Chapter 118 in the Texas Civil Practice and
Remedies Code that creates additional liability in some cases:
- If a public school is grossly negligent or reckless, or acts with intentional misconduct in hiring, supervising, or employing a professional school employee, and that employee commits sexual misconduct or fails to report abuse/neglect, then the school can be liable.
- Under this law, the school’s governmental immunity is waived for these specifically defined acts.
Can Schools Be Sued For Bullying Or Accidents?
Putting the law together, here’s how it applies in different scenarios:
Accident (Non-Bus, Non-Motor Vehicle) On School Property
Examples: Student slips/falls, playground accident
Possible to Sue? Maybe, but often not, because immunity typically still protects the school unless there is a specific waiver (property condition or other statutory exception).
What Must Be Shown / Limitations: Must show that the school had a duty, breached it, and that the breach caused the injury; and that a waiver of immunity applies (e.g., dangerous condition of property). Statute of limitations also applies.
Bus or Other Motor-Vehicle-Involved Injury
Possible to Sue? More likely yes — TTCA waives immunity for motor vehicle accidents.
What Must Be Shown / Limitations: The negligent party must be within the scope of responsibility; the school or district must be operating (or using) a motor vehicle in a negligent way.
Bullying, Harassment, or Peer Misconduct
Possible to Sue? Harder, but possible in certain cases (especially when the school has actual knowledge, fails to act, or is grossly negligent).
What Must Be Shown / Limitations: To overcome immunity, one needs to show that school employees had a duty, the school knew (or should have known) about the bullying but failed to take reasonable action; or that new laws (like Chapter 118) apply (for sexual misconduct, failure to report abuse/neglect). In federal cases, laws like Title IX or 42 U.S.C §1983 might apply for discriminatory harassment.
Sexual Abuse, Educator Misconduct, or Failure to Report Abuse
Possible to Sue? Yes — under the newer Chapter 118 (starting September 2025). Other legal claims (criminal, child welfare, etc.) may also apply.
What Must Be Shown / Limitations: Must show gross negligence, recklessness, or intentional misconduct with respect to hiring, supervising, or employing, and that the professional school employee committed the abuse or failed to report. There is a cap on damages under that statute.
What Changed Recently
- Chapter 118, Texas Civil Practice & Remedies Code, becomes effective September 1, 2025. It explicitly allows suits (waives immunity) against public schools under certain conditions (sexual misconduct, failure to report abuse, etc.) and abolishes official immunity for professional school employees in those types of cases.
- Prior to this, many claims related to abuse, harassment, or bullying were very difficult to prevail on because immunity protected the school and its employees in many non-motor vehicle, non-intentional misconduct cases.
Practical Considerations
- Even if a lawsuit is possible, it may be expensive, require extensive evidence (documentation of incidents, reports to school, school’s responses, etc.), and success is not guaranteed.
- There are statutory deadlines (statute of limitations) to bring claims. If missed, the case may be barred.
- Claims might be in state court; some may be federal (e.g., for violations of rights under federal law, such as discrimination).
- The amount recoverable (damages) may be limited by statute.
If your child has been injured while at school, the skilled and compassionate team at Brandy Austin Law Firm is here to help. Our award winning, nationally and locally recognized founder, Brandy M. Austin, has over sixteen years of experience helping injury victims and their families. We offer free consultations and have 24/7 live answering. Reach out to us today or whenever you are ready.