If your child has suffered sexual assault at a public school in Houston, you deserve transparency, solid advocacy, and strict accountability from the authorities. Such incidents are alarmingly on the increase and can impact your child for the rest of their life. We, at Chelsie King Garza, P.C., can help you understand your rights and file a claim against employees and public schools who fail to keep children safe under their care. Here are more details on how you can proceed.
Understanding the Law
Texas recently introduced House Bill 4623 (or HB 4623) which changes how public schools and employees can be charged for sexual misconduct involving students. The law specifically adds Chapter 118 to the Texas Civil Practice and Remedies Code to establish legal liability against public schools (including ISDs and charter schools) and professional school employees. It affects how you can hold the school liable, as well as the evidence and timelines in the claim.
Key Changes Under HB 4623 to Determine Liability
The statute defines who counts as a “professional school employee” and includes superintendents, principals, teachers, counselors, nurses, bus drivers, and other certified school professionals. It outlines the acts or omissions that give rise to liability, such as direct sexual assault, negligent supervision, and failure to report suspected abuse. It also establishes a specific legal framework for claims against districts and staff for sexual offenses or failures to address them.
These changes strengthen student protections and add to the school’s liability. If school officials knew (or should have known) about the incident and failed to act promptly, you might have strong grounds for a civil claim against the district or individuals involved. Neither the school nor the employees will be able to gain immunity from the government, and either party will be required to pay in full for damages, court costs, and attorneys’ fees.
What Does This Mean for Your Case?
Since HB 4623 clarifies who can be held accountable and on what grounds, it is important for you, as the child’s parent or guardian, to preserve evidence, including messages, communications with the school, photos, and medical records. Document everything, including the dates, witness statements, and the communications that occurred with the school or any other party.
Make sure to file a written record of the incident with the school and district and request copies of this formal complaint. It is also essential to seek medical and counseling care for the physical and emotional safety of your child.
When you are ready, you should speak with an experienced sexual assault attorney to understand how you can hold the liable parties accountable, pursue compensation, and advocate for necessary policy changes. Your attorney can assess whether or not the school met the new statutory standards of liability and suggest the next steps.
All in all, the new law affects how investigators and courts clarify the school’s position, as well as the district’s duty to supervise, report, and discipline staff. Failing to fulfill their obligations exposes public schools and their staff to increasing legal liabilities.
How Can We Help Families?
Public schools are required to comply with mandatory reporting laws and update their policies to protect children at all costs. Even state education authorities have issued guidance to districts on reporting misconduct. Failing to do so can land public school authorities in deep trouble.
At Chelsie King Garza P.C., we understand how liability works under the new law. We can provide practical, compassionate legal representation to safeguard your child’s future and best interests. We can investigate the school’s response and its compliance with HB 4623 duties. We can also gather evidence and coordinate with witnesses and healthcare professionals.
Not only that, we will file a claim on your behalf against the responsible party to pursue medical bills, therapy costs, and pain and suffering experienced by the child. Under the guidance of attorney Chelsie, we can also push for systemic policy changes so that other students do not have to endure such a painful experience.
Your Next Steps
The original House Bill 4623 proposed broader liability laws that would allow plaintiffs to sue the school or its staff for physical injuries, emotional harm, or deaths resulting from negligence. However, it now narrows down the liability to just sexual misconduct and mandates joint liability.
This step towards holding public schools accountable for their wrongdoings transforms how such serious cases may be treated in the future. At Chelsie King Garza, P.C., we can help victims of school sexual assault seek healing and justice. Attorney Chelsie can explain how HB 4623 applies in your unique situation, the available legal options, and the right way forward.
Please get in touch with us today at our Houston office for a free, initial, confidential consultation. Call (713) 893-8808 now to get started.
