Find a school injury lawyer in McAllen: McAllen ISD, buses and daycares

A claim against McAllen ISD is narrow. The Texas Tort Claims Act reaches school districts only for motor vehicles, so a bus crash can be a claim and a playground fall usually is not. Notice is due in six months, and being a child does not pause it. Daycares follow different rules.

Last checked November 9, 2026 · Official sources (27)

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Road map of McAllen with North 23rd Street near the McAllen ISD central office marked
A school bus crash can be a claim. A playground fall rarely is. Map data © OpenStreetMap contributors.

Can I sue McAllen ISD if my child was hurt at school?

Rarely, and mostly for vehicles. Texas lets people sue a school district for injuries from the operation or use of a motor-driven vehicle. For other kinds of injury, the Tort Claims Act reaches districts only for motor vehicles.

A school bus case needs more than the bus being the setting. The vehicle has to be part of how the injury happened. McAllen ISD's central office is at 2000 N. 23rd St., (956) 618-6000.

That does not mean no one is responsible. It means the route may run through a person, a private company or an insurer, not the district itself. A lawyer can read the facts and tell you which route is open.

What deadlines apply to a McAllen school injury claim?

DeadlineTimeSource
Notice to a government unitSix months
Does a child's age pause notice?No
Formal notice excused?If the government actually knew
Written notice before suing a professional employee90 days
Lawsuit against a private partyTwo years, paused while under 18

The six-month notice is where most families lose rights. Write the notice early. Include the date, place, what happened and who saw it. Keep a copy.

Can a teacher or coach be sued in McAllen?

Usually not. Texas law says professional school employees are generally not personally liable. There is an exception for excessive force or negligence causing bodily injury. Before suing a professional employee, you must give written notice 90 days ahead.

Charter schools are immune to the same extent as districts.

Does McAllen ISD insurance pay my child's medical bills?

Only in a narrow way. McAllen ISD buys a limited student athlete policy for injuries during UIL athletics and other school-sponsored, supervised activities. Parents can also buy 24-hour or at-school accident coverage on a voluntary basis.

The accident plan is handled by Health Special Risk, Inc., at 866-409-5733. Ask whether the plan paid first and what it will take back. If you do sue later, the plan may want repayment.

What rules protect children at McAllen daycares?

Texas Health and Human Services posts inspection reports online for every regulated child care operation. Inspections are unannounced and happen at least once a year. Violations post only after the operation can dispute them.

A daycare must give you notice right away after an injury that needs professional treatment. Texas daycares need $100,000 in coverage per occurrence, and parents get written notice if coverage is missing.

If you think a child was abused, the Texas abuse hotline is 1-800-252-5400, open 24 hours. You can also ask for school records, which must be available within 45 days.

What should I do the day my child is hurt in McAllen?

  1. Get your child care first. South Texas Health System McAllen is a Level I trauma center.
  2. Ask the school or daycare for a written incident report the same day.
  3. Photograph the injury and the place it happened.
  4. Write down names of staff and children who saw it.
  5. If a school bus was involved, call McAllen Police at (956) 681-2000 for a report.
  6. Mark the six-month notice date on your calendar.

Questions

Does my child's lawsuit clock wait until age 18?

Yes, time while a minor does not count toward the deadline to sue. The notice to a government unit is the part that does not wait.

Is a private school or private daycare treated the same?

No. The Tort Claims limits are for governments. A private operator is a private party, with the two-year deadline.

Who counts as a minor?

Anyone under 18.

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Sources (27)

  1. 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.”
  2. 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”
  3. 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”
  4. 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.”
  5. Texas Civil Practice and Remedies Code 101.101, checked 2026-11-09. “do not apply if the governmental unit has actual notice”
  6. 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”
  7. 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”
  8. 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”
  9. 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”
  10. Texas Health and Human Services, checked 2026-11-09. “Reports on every inspection are available online so parents can make informed child care decisions.”
  11. 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.”
  12. McAllen ISD, Transportation, checked 2026-11-09. “McAllen Independent School District 2000 N. 23rd St. McAllen, TX 78501 956-618-6000”
  13. 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”
  14. Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
  15. Texas Education Code 12.1056, checked 2026-11-09. “is immune from liability and suit to the same extent as a school district”
  16. McAllen ISD, checked 2026-11-09. “McAllen ISD purchases a limited student athlete insurance policy for student injuries that occur while participating in UIL Athletics and other school sponsored and supervised activities only.”
  17. McAllen ISD, checked 2026-11-09. “The District provides parents/guardians an opportunity to purchase 24 Hour or At School accident coverage for their child(ren) on a voluntary basis”
  18. McAllen ISD, checked 2026-11-09. “You may also contact Health Special Risk, Inc. at 866-409-5733 for more information.”
  19. Texas Health and Human Services, checked 2026-11-09. “CCR conducts unannounced inspections at licensed operations at least once per year”
  20. 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.”
  21. 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”
  22. Texas Human Resources Code 42.049, checked 2026-11-09. “a written notice that the liability coverage is not provided”
  23. Texas HHSC, Minimum Standards for Child-Care Centers, checked 2026-11-09. “Texas Abuse and Neglect Hotline 1-800-252-5400”
  24. eCFR, 34 CFR 99.10, checked 2026-11-09. “but not more than 45 days after it has received the request”
  25. South Texas Health System McAllen, Trauma Care, checked 2026-11-08. “South Texas Health System McAllen is an ACS-verified Level I Trauma Center”
  26. City of McAllen Risk Management, Submit a Claim, checked 2026-11-08. “Non-Emergency Police: (956) 681-2000”
  27. Tex. Civ. Prac. & Rem. Code § 16.001, checked 2026-11-08. “the time of the disability is not included in a limitations period”

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