Find a lawyer for a child hurt at a Houston school or daycare: who can be sued and what to do first
Suing a Texas school district is hard. The Tort Claims Act reaches districts only for injuries from motor vehicles, such as a bus crash. Written notice is due in 6 months, and being a child does not pause it. A private daycare is different. The usual 2-year deadline applies.
Last checked November 9, 2026 · Official sources (33)

Who runs the school or daycare where your child was hurt in Houston?
Houston ISD is not the only district. Harris County has 25 school districts. The first call is your child's campus. Then use the table.
| Where it happened | Who to call | Good to know |
|---|---|---|
| An HISD campus | The school, then HISD Police at 713-842-3715 from 8 a.m. to 4 p.m. or 713-892-7777 after 4 p.m. | HISD's main line is 713-556-6000. |
| An HISD bus | The bus terminal. HISD runs Barnett, Butler, Central and Northwest. | Vehicle cases are the main exception to district immunity. |
| A charter school | The school's own office | Charter schools are immune to the same extent as districts. |
| A licensed daycare | Texas Health and Human Services child care regulators | Parents can search the operation's cited deficiencies. |
HISD's contact page also lists Risk Management for questions about insurance and filing a claim. We could not find a posted HISD procedure for student injury claims, so ask in writing and keep the answer.
Can you sue Houston ISD or another school district?
Only in narrow cases. Liability can arise from the operation or use of a motor-driven vehicle. For a school bus, the bus has to be more than the setting for the injury. The cap against a local government is $100,000 per person and $300,000 per occurrence.
In September 2015 two students on an HISD bus died in a crash on I-610. We are sorry for any family facing a loss like that.
Notice is due in 6 months. Formal notice may be excused if the district actually knew about the injury. Do not rely on that. Send the notice.
What if a teacher, coach or aide caused the injury?
A teacher or other professional school employee is generally not personally liable. The exception is excessive force or negligence causing bodily injury. Before suing the employee, you must give written notice 90 days ahead.
Who investigates a crash involving an HISD vehicle?
HISD officers may investigate accidents that involve HISD vehicles. They normally do not investigate crashes on city streets, and the local agency takes over. Ask who wrote the report and get the number.
- Ask in writing for the school's incident report on the day it happens.
- Request your child's school records. Texas allows access within 45 days.
- Photograph injuries daily and keep medical bills. Houston's Texas Children's says it is the only freestanding Level I pediatric trauma center in the region.
- Send the district written notice before 6 months pass.
How do you check a Houston daycare after your child is hurt?
- Inspections come without notice and happen at least once a year.
- Inspection reports are available online. A violation is posted only once the operation has had a chance to dispute it.
- A daycare must tell parents immediately after an injury needing professional treatment. Licensed operations, except listed family homes, must also report serious incidents to the state.
- Texas daycares need $100,000 in coverage per occurrence. When coverage is missing, parents get written notice.
To report abuse or neglect, call the Texas abuse hotline at 1-800-252-5400, open 24 hours.
How long do you have to sue for a child hurt at school in Houston?
Generally 2 years. For a child under 18, time while a minor does not count toward that deadline. Notice is the exception, so the 6-month notice still runs.
Questions
Can I sue a charter school in Houston?
It is hard. Charter schools are immune to the same extent as school districts.
Does a school bus crash change the rules?
Yes. Liability can arise from operation or use of a motor-driven vehicle.
Who do I call to report abuse at a daycare?
The Texas abuse hotline, 1-800-252-5400, 24 hours.
Does a Texas daycare need insurance?
Texas sets $100,000 for each occurrence. When coverage is missing, parents get written notice.
Child hurt at school or daycare in Houston? See if you are owed money.
A free case review. $0 upfront. No fee unless you win.
See if I’m owed moneySources (33)
- 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”
- Texas Supreme Court, Martinez v. Val Verde County Hospital District (2004), checked 2026-11-09. “We do not agree that the restrictions the law imposes on minors exempt them from time limits imposed by law without statutory tolling provisions.”
- 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”
- Harris County Department of Education, checked 2026-11-09. “HCDE provides educational services that support an average of 79,000 students each year in 25 school districts all across Harris County.”
- 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”
- 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 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”
- Houston ISD, Contact HISD, checked 2026-11-09. “Business Hours (8am-4pm): Call HISD Police & Campus Sefety (713)842-3715”
- Houston ISD, Transportation, checked 2026-11-09. “713-556-6000”
- Houston ISD, Contact HISD, checked 2026-11-09. “Terminal Bus Routes: - Barnett Terminal (Routes 1XXX) - Butler Terminal (Routes 2XXX) - Central Terminal (Routes 3XXX) - Northwest Terminal (Routes 4XXX)”
- Texas Education Code 12.1056, checked 2026-11-09. “is immune from liability and suit to the same extent as a school district”
- Texas Health and Human Services, CCR reports, inspections and enforcement actions, checked 2026-11-09. “Information regarding the minimum standard requirements and deficiencies cited for each operation can be found at Search Texas Child Care.”
- Houston ISD, Contact HISD, checked 2026-11-09. “Do you have questions regarding compliance with vendor insurance requirements, seeking approval for a rental, need a certificate of insurance, or need to file a claim?”
- 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.”
- 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 for bodily injury or death”
- National Transportation Safety Board, HWY15FH010, checked 2026-11-09. “two student passengers on the bus died”
- Texas Civil Practice and Remedies Code 101.101, checked 2026-11-09. “do not apply if the governmental unit has actual notice that death has occurred, that the claimant has received some injury”
- 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”
- Houston ISD Police Department, Directive 450-021, checked 2026-11-09. “HISD officers may investigate accidents that involve:”
- Houston ISD Police Department, Directive 450-021, checked 2026-11-09. “HISD Officers normally do not investigate accidents on city streets”
- eCFR, 34 CFR 99.10, checked 2026-11-09. “but not more than 45 days after it has received the request”
- Texas Children's, Trauma System, checked 2026-11-09. “the only freestanding Level I pediatric trauma center in the region”
- Texas Health and Human Services, checked 2026-11-09. “A deficiency is posted to the operation's online record only after it has had the opportunity to dispute it.”
- 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, CCR reports, inspections and enforcement actions, checked 2026-11-09. “All operations, except listed family homes, are required to report certain types of serious incidents to CCR”
- 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”
- Texas HHSC, Minimum Standards for Child-Care Centers, checked 2026-11-09. “Texas Abuse and Neglect Hotline 1-800-252-5400”
- 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”