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Texas First Court of Appeals (Houston)
Charter not Liable Over Sexual Abuse
Of Students by School Counselor
Ruling: A charter school district is not liable for the sexual abuse of several female students by a school counselor. KIPP Texas Inc., D/B/A KIPP Texas Public Schools v. Doe, et al., No. 01-21-00368-CV. Issued June 30.

The parents of several young female KIPP students who were sexually abused by a school counselor (who pleaded guilty to sex crimes) sued the KIPP charter school network on claims of assault and negligence, and asserted that KIPP had turned a blind eye to the abuse.

KIPP appealed after the trial judge refused to dismiss the lawsuit — resulting in this unanimous decision by a three-judge First Court panel ordering the suit to be dismissed.

The justices cited Texas Supreme Court decisions that concluded that charters, for the most part, have the same legal protections against being sued as ISDs.

The justices ruled that because an ISD would be immune from being sued over similar claims made by the parents, then charters have the same legal immunity.

The justices rejected several claims presented by the parents — including their claim that KIPP had not provided evidence that it was a bona fide charter school.

The justices ruled that KIPP was indeed a Texas public charter school.