Can You Sue a Public School for Sexual Abuse in Texas?
Yes, you can sue a Texas public school for sexual abuse, but your legal options depend heavily on when the abuse occurred. For abuse happening on or after September 1, 2025, House Bill 4623 created a new state-law cause of action that waives governmental immunity and allows victims to hold school districts directly accountable. For abuse before that date, Texas law generally barred state-law negligence claims against public school districts because of sovereign immunity, though victims could still sue individual employees personally and pursue federal claims under Title IX or 42 U.S.C. § 1983, which carry much higher evidentiary burdens.
This distinction matters enormously. For decades, Texas public schools hid behind sovereign immunity while students suffered at the hands of predatory employees. That changed with HB 4623, the most significant waiver of governmental immunity for Texas public schools since 1969. If you or your child has experienced sexual abuse at school, understanding these different legal pathways is the first step toward justice.
Why Sovereign Immunity Made These Cases So Difficult
Sovereign immunity is a legal doctrine that prevents citizens from suing the government without its consent. In Texas, this protection extended to school districts, shielding them from most civil lawsuits regardless of how negligent their conduct might have been.
The practical effect was devastating for abuse victims. A teacher could sexually assault a student, and even if the school district knew about prior complaints, ignored red flags during hiring, or failed to supervise the employee, the district faced no financial consequences. Victims could pursue criminal charges against the individual perpetrator or sue the employee personally, but recovering meaningful compensation from someone without significant assets or insurance proved nearly impossible.
This immunity extended to school administrators and employees through a related doctrine called official immunity, which protected government workers from personal liability for discretionary acts performed within the scope of their employment. Combined, these protections created a system where the institutions best positioned to prevent abuse faced no accountability when they failed to do so.
Legal Options Before September 1, 2025
For sexual abuse that occurred before September 1, 2025, victims generally could not pursue state-law negligence claims against Texas public school districts because governmental immunity shielded those entities from liability. However, federal civil rights claims under Title IX and 42 U.S.C. § 1983 remained available, and state-law intentional tort claims could still be brought against individual employees or against private schools, which were never immune.
Title IX Claims
Title IX of the Education Amendments of 1972 prohibits sex discrimination in federally funded education programs. Courts have interpreted this to include sexual harassment and abuse by school employees. To hold a school district liable under Title IX, a victim must prove two elements:
Actual Notice: An official with authority to address the situation had actual knowledge of the abuse or substantial risk of abuse. Rumors among staff or complaints to teachers without supervisory authority typically do not satisfy this requirement.
Deliberate Indifference: The school’s response to that knowledge was so deficient that it amounted to deliberate indifference. Courts have described this as a response that was “clearly unreasonable in light of the known circumstances.” Simply being negligent or making poor judgment calls is not enough.
This standard comes from the Supreme Court’s decision in Gebser v. Lago Vista Independent School District, where the Court held that school districts would be liable under Title IX only where an official with corrective authority responded to actual notice so inadequately that the response constituted deliberate indifference. This is a demanding standard that many otherwise meritorious cases cannot meet.
42 U.S.C. § 1983 Claims
Section 1983 allows individuals to sue state actors who violate their constitutional rights. In school abuse cases, victims typically allege violations of the Fourteenth Amendment’s Due Process Clause, which protects bodily integrity.
To succeed against a school district (as opposed to an individual employee) under § 1983, victims must demonstrate that an official policy or custom caused the constitutional violation. This can include inadequate hiring policies, deliberate indifference in training or supervision, or a pattern of ignoring known dangers.
Individual school employees can also be sued under § 1983, but they often assert qualified immunity, which protects government officials from liability unless their conduct violated clearly established constitutional rights. While qualified immunity rarely protects employees who commit sexual abuse themselves, it can shield supervisors or administrators who failed to prevent abuse.
One advantage of § 1983 claims: punitive damages may be available against individual defendants who acted with malice. However, punitive damages cannot be recovered against school districts themselves.
The Harsh Reality of Pre-September 2025 Claims
For families pursuing claims for abuse that occurred before September 1, 2025, the federal options present genuine obstacles. The deliberate indifference standard effectively requires victims to prove the school consciously disregarded a known risk, not merely that they should have done more. Many cases involving clear negligence fail to meet this threshold.
Additionally, damages in successful Title IX cases are limited to compensatory relief. Because sovereign immunity blocked most state-law negligence claims against public school districts, victims often lacked access to the broader state tort remedies that would have been available against non-governmental defendants.
The New Legal Landscape: September 1, 2025 and After
House Bill 4623, signed by Governor Abbott on June 21, 2025, fundamentally changed the calculus for school abuse cases in Texas. The law created Chapter 118 of the Texas Civil Practice and Remedies Code, establishing direct liability for public schools and their employees in sexual misconduct cases.
Waiver of Governmental Immunity
Under Tex. Civ. Prac. & Rem. Code § 118.006, a public school’s governmental immunity to suit and from liability is waived to the extent of liability created by Chapter 118. This means victims can now sue school districts directly under Texas state law for sexual misconduct and certain reporting failures, a type of direct district liability that was effectively unavailable before.
Abolition of Official Immunity
The same statute provides that professional school employees may not assert official immunity in actions brought under Chapter 118. This removes the shield that previously protected administrators who looked the other way, supervisors who failed to act on complaints, and others whose negligence allowed abuse to continue.
Covered Conduct
Chapter 118 applies to two categories of misconduct:
Sexual Misconduct: Defined by reference to specific Texas Penal Code offenses including § 21.12 (improper relationship between educator and student), § 22.011 (sexual assault), § 22.021 (aggravated sexual assault), § 21.02 (continuous sexual abuse of young child), and numerous other sex offenses.
Failure to Report: Violations of the mandatory reporting requirements under Texas Family Code § 261.101, which requires professionals to report suspected child abuse or neglect within 48 hours.
Standard of Liability
Under § 118.002, a public school is liable when it is “grossly negligent or reckless, or engages in intentional misconduct, in hiring, supervising, or employing a professional school employee” who commits sexual misconduct or fails to report abuse.
This gross negligence standard is more favorable to plaintiffs than the federal deliberate indifference standard. Gross negligence involves an extreme degree of risk, coupled with actual subjective awareness of that risk, but does not require the conscious disregard demanded by deliberate indifference. The distinction is subtle but meaningful in litigation.
Joint and Several Liability
HB 4623 requires that the individual employee who committed the act or omission be named as a defendant alongside the school district. This creates joint and several liability, meaning either the school or the employee (or both) can be held responsible for the full amount of damages awarded.
Damages and Recovery
Prevailing claimants under Chapter 118 must be awarded actual damages in a maximum amount of $500,000 for each claimant. In addition, a party who prevails is entitled to court costs and reasonable and necessary attorney’s fees, which are not counted against the $500,000 cap. Exemplary (punitive) damages are not available under Chapter 118, reflecting a legislative compromise that limits recovery to capped compensatory damages plus costs and fees.
Statute of Limitations
Sexual abuse claims under Chapter 118 carry a 30-year statute of limitations, reflecting the Legislature’s understanding that many survivors need years or decades to process trauma and come forward.
Comparison: Federal Claims vs. State Claims Under HB 4623
| Issue | Before 9/1/2025 (Federal Claims) | After 9/1/2025 (Chapter 118) |
|---|---|---|
| Can you sue the school district under state law? | No (sovereign immunity) | Yes (immunity waived) |
| Standard for district liability | Deliberate indifference (high bar) | Gross negligence in hiring/supervising |
| Official immunity for employees? | Yes (for discretionary acts) | Abolished for covered conduct |
| Damage cap | None under federal law (compensatory damages not capped) | $500,000 in actual damages for each claimant, plus uncapped court costs and reasonable attorney’s fees |
| Punitive damages | Available against individuals under § 1983 | Not available under Chapter 118 |
| Must name individual employee? | Not required | Required (joint and several liability) |
| Attorney’s fees | Available if prevailing under federal claims | Mandatory if prevailing |
| Statute of limitations | Varies by claim type | 30 years for sexual abuse |
Who Qualifies as a “Professional School Employee”?
Chapter 118 defines “professional school employee” broadly to include superintendents, administrators, teachers, teacher’s aides, counselors, nurses, bus drivers, school board trustees, and any other person employed by a public school whose employment requires certification and the exercise of discretion.
This expansive definition means that liability can extend well beyond the perpetrator to include those who knew or should have known about abuse and failed to act. Principals who ignored complaints, HR directors who failed to conduct proper background checks, and administrators who covered up misconduct can all face personal liability.
How SB 571 Works Together with HB 4623
Senate Bill 571, which also took effect September 1, 2025, works in tandem with HB 4623 by establishing clear reporting requirements and criminal penalties for failures to report. Under SB 571, school employees must report suspected child abuse to external law enforcement within 24 hours, and superintendents must report misconduct to the Texas Education Agency and State Board for Educator Certification within 48 hours.
When school employees violate these reporting requirements and their failure allows abuse to continue, that violation becomes evidence of gross negligence supporting a civil claim under HB 4623. A superintendent who intentionally conceals misconduct faces both criminal prosecution under SB 571 (a state jail felony) and personal civil liability under HB 4623.
Private Schools: A Different Analysis
Private schools were never protected by sovereign immunity and can be sued under traditional state tort law. This means negligence claims, premises liability claims, and other theories have always been available against private institutions. Private school victims may face no damage cap and can potentially recover punitive damages.
What to Do If Your Child Has Been Abused at School
Document Everything: Preserve any text messages, emails, social media communications, or other evidence. Write down your recollection of events while they are fresh.
Report to Law Enforcement: File a report with local police or the Texas Department of Public Safety. Criminal investigation is separate from civil claims, and a criminal conviction can strengthen your civil case.
Report to Child Protective Services: Contact the Texas Department of Family and Protective Services at 1-800-252-5400 to make a report.
Seek Medical and Mental Health Care: Your child’s wellbeing comes first. Medical records also serve as evidence of the harm caused.
Consult an Attorney Immediately: An experienced school abuse attorney can advise you on the applicable statute of limitations, help preserve evidence, and evaluate which legal theories apply to your situation.
Frequently Asked Questions
Can I sue a Texas public school for sexual abuse that happened years ago?
It depends on when the abuse occurred and whom you are suing. For abuse on or after September 1, 2025, Chapter 118 provides a 30-year limitations period for suing public schools and professional school employees for covered sexual misconduct and certain reporting failures. For earlier abuse, sovereign immunity generally bars state-law negligence claims against public school districts, but federal claims under Title IX or § 1983 may still be available, and Texas has eliminated the statute of limitations for certain civil claims against individual perpetrators of sexual assault occurring on or after September 1, 2019.
What if the school didn’t know about the abuse?
For federal claims, the school must have had actual notice of the abuse or risk. For claims under Chapter 118, the question is whether the school was grossly negligent in hiring, supervising, or employing the perpetrator. This could include failing to conduct proper background checks, ignoring warning signs, or creating conditions that facilitated abuse.
Can I still pursue federal claims for abuse after September 1, 2025?
Yes. Federal claims under Title IX and § 1983 remain available regardless of when abuse occurred. For post-September 2025 abuse, you may pursue both state and federal claims, which could be advantageous if seeking damages beyond the $500,000 cap or punitive damages against individuals.
Get Help from an Experienced Texas School Abuse Attorney
At Varghese Summersett, we understand that nothing is more devastating than learning your child has been harmed by someone entrusted with their care and safety. Our team of over 70 attorneys and legal professionals has decades of experience holding institutions accountable when they fail to protect children.
We handle school sexual abuse cases across Texas, including in Fort Worth, Dallas, Houston, and Southlake. Our attorneys stay current on the latest legal developments, including the new protections under HB 4623 and SB 571, to ensure our clients have access to every available avenue of recovery.
If your child has been sexually abused at a Texas public school, time matters. Evidence can disappear, memories fade, and statutes of limitations apply. Contact Varghese Summersett today for a free, confidential consultation to discuss your legal options.
Call us at (817) 203-2220 or contact us online. Your child deserves justice, and we are here to help you fight for it.
