Suing a school in Texas is difficult because most public schools are protected by governmental immunity, which shields them from many negligence lawsuits. Under the Texas Tort Claims Act, schools can only be sued in limited situations. Usually they can only be sued in instances involving motor vehicles or dangerous property conditions. Even when negligence seems obvious, strict notice deadlines, damage caps, and legal exceptions often prevent families from recovering compensation. Understanding these barriers is the first step in knowing whether a valid claim exists.

Most Importantly:

• Texas public schools are protected by governmental immunity
• Only certain types of negligence claims are legally allowed
• How Texas School Immunity impacts sexual assault claims
• Most injury cases involving student supervision are barred
• Claims must be filed quickly and follow strict notice rules
• Private schools do not have the same immunity protections

What is Governmental Immunity in Texas?

Governmental immunity is a legal doctrine that protects government entities, including public school districts, from being sued without their consent. In Texas, public schools are considered government agencies, meaning they are shielded from most lawsuits unless the state has specifically allowed them.

This protection exists to prevent public funds from being drained by lawsuits and to allow schools to function without constant legal risk. While this policy has financial justification, it often leaves injured students and families without a clear path to compensation.

How the Texas Tort Claims Act Limits School Lawsuits

The Texas Tort Claims Act (TTCA) is the law that determines when a government entity can be sued. Under this statute, Texas schools can only be sued for negligence in very specific circumstances.

Schools may be held liable when injuries are caused by:

• The negligent operation or use of a motor vehicle
• A dangerous or defective condition of school property

However, the TTCA does not allow lawsuits for:

• Negligent supervision of students
• Failure to prevent bullying or assaults
• Poor disciplinary decisions
• Classroom accidents
• Sports injuries caused by coaching decisions

This means that even when a school clearly made mistakes, immunity often blocks legal claims.

Why Student Injury Claims Are Usually Barred

Most injuries at schools involve supervision, behavior, or activity decisions. These include:

• Playground accidents
• Fights between students
• Locker room assaults
• Bus loading or unloading injuries
• Inadequate monitoring

Texas law classifies these as discretionary acts, which are protected from lawsuits. Even if the school acted unreasonably, the law treats those decisions as immune from legal challenge.

That is why many families are shocked to learn they cannot sue even when negligence feels obvious.

How Texas School Immunity Impacts Sexual Assault Survivors

Sexual assaults in Texas public schools often fall into the most painful category of cases blocked by governmental immunity. These claims usually involve allegations that the school failed to supervise students or staff, ignored warning signs, or allowed dangerous situations to exist, such as unsupervised locker rooms, bathrooms, hallways, or classrooms. Even when a school knew a student was at risk, Texas law frequently treats these failures as protected “discretionary acts,” meaning the district cannot be sued.

This creates a devastating gap for survivors. While criminal charges may be brought against the attacker, the school that failed to prevent the harm is often shielded from civil responsibility.

Why Sexual Assault Claims Are Often Barred in Texas Schools

Most school-based sexual assault claims are blocked because they are legally classified as:

• Failure to supervise students
• Failure to intervene in bullying or harassment
• Failure to monitor hallways, bathrooms, or locker rooms
• Failure to respond to prior warnings
• Failure to enforce safety policies
• Failure to train, hire, and supervise staff

Texas courts view these as policy or judgment decisions, not operational mistakes, which means governmental immunity applies; even when the assault was foreseeable.

When a Sexual Assault Claim Against a Texas School May Still Be Allowed

There are limited exceptions when a lawsuit may still be possible. A claim may proceed if the assault was directly caused by a dangerous physical condition on school property, such as:

• A broken or missing door lock
• An unsecured exterior entrance
• A malfunctioning security gate
• A broken security camera system
• A known blind spot that allowed an attacker to hide

If a defective facility made the assault possible, the school may fall within the Texas Tort Claims Act’s property-condition exception.

How Florida School-Related Sexual Assault Claims Differ from Texas

Unlike Texas, Florida law allows school districts to be held liable when negligent security, inadequate supervision, or ignored warning signs contribute to a sexual assault on campus, which means survivors in Florida often have far more civil legal options than families in Texas.

When a Texas School Can Be Sued

Although immunity is strong, schools are not completely untouchable. Lawsuits are allowed when injuries are caused by:

1. School Vehicles

If a school bus, maintenance truck, or other district-owned vehicle causes a crash, the school can be sued.

Examples include:

• A bus hitting a student
• A school vehicle causing a traffic accident
• Unsafe loading or unloading of students

2. Dangerous School Property

Schools may be liable if an injury occurs due to a dangerous physical condition, such as:

• Broken stairs
• Unsafe doors or gates
• Uncovered drains
• Collapsing structures
• Unsafe walkways

The danger must be something the school knew about or should have known about. This usually requires gross negligence and is very hard to prove.

Why Notice Requirements Stop Many Claims

Before you can sue a Texas school district, you must provide formal notice, often within six months or less after the injury. Some districts require notice in as little as 45 to 90 days.

If proper notice is not given:

• The claim is permanently barred
• Even a strong case will be dismissed

This technical requirement alone prevents many families from pursuing valid claims.

Limits on How Much You Can Recover

Even if a claim is allowed, Texas law limits how much money you can receive.

Damage caps for Texas school districts:

• $100,000 per person
• $300,000 per incident

These caps apply regardless of how severe the injury is, even for permanent disability or death.

Why Private Schools Are Different

Private schools in Texas do not have governmental immunity. They can be sued under standard negligence laws, just like any private business.

That means families injured at:

• Charter schools
• Religious schools
• Private academies

Often have far more legal options than families injured at public schools.

When to Speak with a Texas School Injury Attorney

Because of immunity laws, school injury cases are extremely technical. A lawyer can determine:

• Whether the school is public or private
• Whether the injury involves property or a vehicle
• Whether notice deadlines still exist
• Whether immunity applies

Even cases that seem impossible sometimes qualify under narrow legal exceptions.

If Your Child Was Injured at a Texas School, RTRLAW Can Help

When a school injury occurs, families deserve answers, not roadblocks. Governmental immunity should not prevent accountability when a school creates dangerous conditions.

RTRLAW’s injury attorneys understand the Texas Tort Claims Act and can evaluate whether your case qualifies. Contact us today for a free case review to learn what options may still be available to your family.