School District Immunity in Texas: What Are the Limits?

As Texans, we hold our public education system in high regard—and yet, when tragedy strikes or our children suffer harm, we deserve answers and accountability. The concept of school district immunity in Texas may sound like an obstacle—but knowing its boundaries can empower families to seek justice effectively.

Understanding School District Immunity in Texas

At its core, school district immunity is a legal protection that shields public schools and their employees from lawsuits arising from acts that fall within the scope of their professional duties. Under Texas Education Code § 22.0511, teachers, administrators, counselors, nurses, bus drivers, and other certified employees generally are not personally liable for actions taken in good faith while carrying out their responsibilities—unless those actions involve negligence resulting in bodily injury or the use of excessive force.

Likewise, the general principle of governmental immunity prevents school districts themselves from being sued unless the Texas Legislature has expressly waived that protection by statute.

Key Exceptions Where Immunity Does Not Apply

Motor Vehicle Incidents: The immunity safeguard does not extend to incidents involving a motor vehicle, such as school bus accidents. Under the Texas Tort Claims Act, school districts can be held liable, as immunity is waived in those situations.

Excessive Discipline or Negligence: If a school employee uses excessive force or acts negligently in a way that causes bodily injury, immunity is not available. This creates a possible path for legal action.

Sexual Misconduct and Failure to Report Abuse: Beginning September 1, 2025, the landscape for school district immunity changes significantly. Under House Bill 4623 (Chapter 118 of the Texas Civil Practice and Remedies Code), schools and certified employees may now be liable when they are grossly negligent in hiring, supervising, or employing an educator who commits sexual abuse, or when they fail to report abuse, neglect, or misconduct.

This new law also abolishes immunity in those specific cases: both the school district and the individual employee could be named defendants, opening the door to civil lawsuits even when governmental or official immunity would have applied previously.

Additional Protections and Procedures

Despite these exceptions, various procedural safeguards remain in place. For instance, under Texas Education Code § 22.0515, the total liability of a school employee—if an actionable claim exists—may be capped at $100,000, though attorney’s fees and court costs may still be recoverable.

Moreover, claimants must navigate notice and exhaustion requirements. Victims must typically provide written notice of a claim at least 90 days before filing suit. They must also exhaust any remedies offered by the school district before going to court.

Other provisions protect educators performing duties in good faith—for example, disciplinary actions cannot be brought against them for using justified physical force, for reporting misconduct, or for following approved instructional materials, even when controversies arise.

Why School District Immunity Matters—and How Hager Law Can Help

For families seeking accountability, immunity can feel like an insurmountable barrier. But understanding its boundaries is the first step toward securing justice.

• Did your case involve motor vehicle injury, excessive discipline, or sexual misconduct or abuse? This may limit or entirely waive immunity.
• Did your case involve employee misconduct that went unreported—or grossly negligent supervision that enabled abuse? You may now pursue claims under HB 4623.
• Even beyond those cases, requirements like notice, exhaustion, and damages limits can shape how your lawsuit unfolds.

At Hager Law, we believe in protecting your family’s rights—and ensuring school districts and educators uphold their duty. We guide clients through these complex cases, helping them navigate procedural hurdles and build compelling arguments to overcome immunity defenses. Whether through skilled negotiation or diligent representation in court, we remain committed to serving the best interests of Texas families.

In Summary

School district immunity in Texas offers broad protections—but it is not absolute. Key limits include accidents involving motor vehicles, negligent or excessive discipline. As of September 1, 2025, they also include sexual misconduct or abuse cases. Statutes like HB 4623 represent a landmark shift in accountability, allowing victims and families new avenues for legal recourse.

Understanding these legal nuances—and working with an experienced attorney—is critical. If you’re facing an issue involving school district liability, reach out to Hager Law. We’re here to advocate for your rights, your family, and the well-being of Texas students.