Misconduct Reporting Part 3: HB 4623 Sexual Misconduct Liability

House Bill (HB) 4623, passed in the 89^th Regular Legislative Session, establishes liability for public schools and professional school employees for sexual misconduct involving students or failing to report abuse. These provisions were effective September 1, 2025.

HB 4623 creates significant liability for public schools and professional employees for sexual misconduct involving students or failing to report child abuse or neglect. Damages of up to $500,000, court costs, and attorney’s fee can be awarded. The new law states that a public school that is grossly negligent or reckless, or has engaged in intentional misconduct in hiring, supervising, or employing a professional school employee is liable for an act or omission that is committed by the employee against the student in either case. Professional in this context is expanded to include teacher aide, substitute teacher, a student in an educator preparation program participating in field experience or internship, a school bus driver, and a board member.

Additionally, governmental immunity is waived to the extent of liability against the public school, and a professional school employee may not assert official immunity.

Resources

TASB HR Services has the following resources available (member login required).

HRX Articles:

• Misconduct Reporting Part 1: SB 571 Misconduct and Abuse
• Misconduct Reporting Part 2: Pre-Employment and Pre-Service Affidavits FAQ
• Webinar: Reporting Abuse and Misconduct & the 89th Legislature
• TEA Releases New Resource
• Misconduct Reporting Training and Pre-Employment Affidavit

HR Services Resource Library:

• Employee Misconduct Reporting Requirements
• Misconduct Reporting Requirements Summary
• Reporting Suspected Child Abuse and Neglect Requirements Summary

The HR Services Resource Library also has useful information and tools to help educational entities manage investigations and the impact of employee misconduct. Members will need to log in for access.