Find a school injury lawyer in Austin: Austin ISD, school buses and daycares
In Texas, a school district can be sued only over motor vehicle injuries, so a bus crash is treated differently from a fall on a playground. If a claim fits, written notice is due within 6 months, and being a child does not pause that clock. Austin ISD has nearly 70,000 students.
Last checked November 9, 2026 · Official sources (29)
Can you sue Austin ISD if your child is hurt at school?
Usually not for a fall, a fight or a sports injury. The Tort Claims Act applies to school districts only for motor vehicles. That is a harsh rule, and it is the law.
A teacher or staff member may also be protected. Professional employees are generally not personally liable, with an exception for excessive force or negligence that causes bodily injury. If you sue an employee, Texas wants written notice 90 days before suit.
What if your child was hurt on an Austin ISD bus?
Buses are different. Immunity is waived for injuries from the operation or use of a motor vehicle. But the bus cannot be just the setting: the injury has to arise from using the bus.
Austin ISD runs about 300 bus routes with nearly 600 buses. It says all buses have digital cameras inside and all use stop arm cameras. Ask in writing, right away, that the district keep the video from your child's route.
Texas caps what a local government unit pays at $100,000 per person and $300,000 per occurrence.
Who may owe you depends on where it happened in Austin
| Where | Can you claim? | Rule |
|---|---|---|
| Austin ISD campus | Rarely, unless a vehicle was involved | Immunity except for motor vehicles. |
| Austin ISD bus | Yes, if the injury came from using the bus | 6 months notice, $100,000 per person cap. |
| Charter school | Same limits as a district | Charter schools are immune to the same extent. |
| Licensed child-care center | Yes, against the center | $100,000 insurance for each occurrence. |
| City of Austin program | Claim letter to the City | 45 days. |
What are your rights at an Austin daycare?
- Parents must be told immediately after an injury that needs professional treatment.
- Inspections are unannounced, at least once a year, and reports are online.
- If the center has no required insurance, parents must get written notice.
- The Texas abuse hotline is 1-800-252-5400, open 24 hours.
What should you do first if your child is hurt at an Austin school?
- Get care. Dell Children's is the only children's hospital in Central Texas with a Level I trauma designation.
- Ask the school for the incident report in writing. School records must be available within 45 days of a request.
- Write down who saw it, the time and the place. Take photos of the injury.
- For an emergency on campus, Austin ISD Police ask you to call 512-414-1703.
- Mark the 6 month date on a calendar.
How long do you have to sue for a child hurt at school in Austin?
The general lawsuit deadline is 2 years. For a child under 18, that time does not count until the child turns 18. The 6 month government notice is different and keeps running.
Austin ISD is the eighth-largest district in Texas, with 114 school communities. Large districts have lawyers on call, so start your record early.
Questions
Does Austin ISD record on buses?
Yes. It says all buses have digital cameras inside and stop arm cameras.
What if a teacher used force on my child?
Texas lets you sue a school employee for excessive force, after 90 days written notice.
Does the 6 month notice apply to a parent's own claim?
Yes, notice is due 6 months from the incident, unless the district actually knew.
Child hurt at school or daycare in Austin? See if you are owed money.
A free case review. $0 upfront. No fee unless you win.
See if I’m owed moneySources (29)
- Texas Civil Practice and Remedies Code 101.051, checked 2026-11-09. “Except as to motor vehicles, this chapter does not apply to a school district or to a junior college district.”
- Texas Civil Practice and Remedies Code 101.101, checked 2026-11-09. “not later than six months after the day that the incident giving rise to the claim occurred”
- Martinez v. Val Verde County Hospital District (Tex. 2004), checked 2026-11-09. “The lower courts held that it is not,[2] and we agree.”
- Austin ISD, About Us, checked 2026-11-09. “Austin ISD educates nearly 70,000 students and embraces 114 diverse school communities”
- Austin ISD, Transportation Employees Appreciation Week, checked 2026-11-09. “All buses are equipped with digital cameras inside”
- Austin ISD, Transportation Employees Appreciation Week, checked 2026-11-09. “All Austin ISD buses utilize Stop Arm Cameras.”
- Texas Human Resources Code 42.049, checked 2026-11-09. “maintain liability insurance coverage in the amount of $100,000 for each occurrence of negligence”
- Texas Human Resources Code 42.049, checked 2026-11-09. “a written notice that the liability coverage is not provided”
- eCFR, 34 CFR 99.10, checked 2026-11-09. “but not more than 45 days after it has received the request”
- Texas Education Code 22.0511, checked 2026-11-09. “A professional employee of a school district is not personally liable for any act that is incident to or within the scope of the duties”
- Texas Education Code 22.0511, checked 2026-11-09. “except in circumstances in which a professional employee uses excessive force in the discipline of students or negligence resulting in bodily injury to students”
- Texas Education Code 22.0513, checked 2026-11-09. “Not later than the 90th day before the date a person files a suit against a professional employee of a school district”
- Texas Civil Practice and Remedies Code 101.021, checked 2026-11-09. “arises from the operation or use of a motor-driven vehicle or motor-driven equipment”
- LeLeaux v. Hamshire-Fannett ISD (Tex. 1992), checked 2026-11-09. “When an injury occurs on a school bus but does not arise out of the use or operation of the bus, and the bus is only the setting for the injury, immunity for liability is not waived.”
- Austin ISD, Transportation Employees Appreciation Week, checked 2026-11-09. “overseeing about 300 bus routes and utilizing nearly 600 buses”
- Texas Civil Practice and Remedies Code 101.023, checked 2026-11-09. “liability of a unit of local government under this chapter is limited to money damages in a maximum amount of $100,000 for each person and $300,000 for each single occurrence”
- Texas Education Code 12.1056, checked 2026-11-09. “is immune from liability and suit to the same extent as a school district”
- City of Austin, File a Claim, checked 2026-11-08. “You must send this letter within 45 days of the incident.”
- Texas HHSC, Minimum Standards for Child-Care Centers, 746.307, checked 2026-11-09. “Is injured and the injury requires medical treatment by a health-care professional or hospitalization”
- Texas Health and Human Services, checked 2026-11-09. “CCR conducts unannounced inspections at licensed operations at least once per year”
- Texas Health and Human Services, checked 2026-11-09. “Reports on every inspection are available online”
- Texas HHSC, Minimum Standards for Child-Care Centers, checked 2026-11-09. “Texas Abuse and Neglect Hotline 1-800-252-5400”
- Dell Children's Medical Center, Pediatric trauma care, checked 2026-11-09. “is the only children’s hospital in Central Texas with a Level I Trauma Center designation by the American College of Surgeons.”
- Austin ISD Police Department, Contact Us, checked 2026-11-09. “Please call 512-414-1703 for emergencies.”
- Texas Civil Practice and Remedies Code 16.003, checked 2026-11-09. “not later than two years after the day the cause of action accrues”
- Texas Civil Practice and Remedies Code 16.001, checked 2026-11-09. “the time of the disability is not included in a limitations period”
- Texas Civil Practice and Remedies Code 16.001, checked 2026-11-09. “younger than 18 years of age”
- Austin ISD, About Us, checked 2026-11-09. “Austin ISD is the eighth-largest school district in Texas.”
- Texas Civil Practice and Remedies Code 101.101, checked 2026-11-09. “do not apply if the governmental unit has actual notice”