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Will Texas’ New School Liability Law Prevent Sexual Abuse? What HB 4623 Misses—and How Prevention Tools Can Help

  • Feb 4
  • 4 min read

On September 1, 2025, Texas implemented a significant change to public education law with the passage of House Bill 4623 (HB 4623). This bill created Chapter 118 of the Texas Civil Practice and Remedies Code, expanding school district liability for certain forms of employee misconduct—most notably sexual misconduct and failure to report suspected child sexual abuse. 


Under this new statute, public school districts and school professionals—including teachers, administrators, counselors, nurses, and contracted staff—can now face increased civil liability when they engage in sexual misconduct or fail to comply with mandatory reporting laws. In effect, HB 4623 waives sovereign immunity in these cases, making it easier for parents and students to bring lawsuits against school districts, and not just staff, when abuse occurs or is mishandled. 


At first glance, this appears to be a major win for student safety. But a critical question remains: 

Does increased liability actually prevent child sexual abuse—or does it simply respond to abuse after it happens? 


What HB 4623 Sets Out to Do 


HB 4623 was designed with four major goals in mind: 

  • Protect students from sexual abuse 

  • Strengthen mandatory reporting requirements 

  • Hold school districts accountable 

  • Reinforce compliance with existing child protection laws 

The bill outlines conditions under which districts can be held liable for gross negligence in hiring, supervision, or failure to report sexual misconduct. Its creation was prompted by investigations revealing systemic failures in reporting and oversight across Texas schools. 


But this leads to a deeper and more uncomfortable question. 


Texas Already Had Mandatory Reporting Laws—So Why Weren’t They Being Followed? 


Mandatory reporting laws in Texas are not new, not vague, and not optional. Educators and school professionals have long been legally obligated to report suspected child abuse. 


Yet many did not report.  


HB 4623 assumes that fear of lawsuits will drive better compliance. But changing the law does  not automatically change behavior. If educators were unwilling—or afraid—to report before,  it’s unlikely that expanded liability alone will suddenly transform school culture. 


In fact, the new law may simply lead to: 

  • More litigation 

  • Higher costs for school districts and taxpayers 

  • Accountability only after abuse has occurred 


And lawsuits filed post‑abuse do not protect children. They respond to harm that has already happened. 


The Real Problem: Weak Screening and Hiring Practices 


While lawmakers focus on liability after abuse, the biggest gap in child protection remains prevention—specifically, preventing high‑risk applicants from being hired in or selected in the first place. 


Current school hiring practices often fall short: 

  • Criminal background checks rarely detect sexual risk (Most individuals who harm children have no prior convictions.) 

  • Reference checks are often superficial or incomplete 

  • School cultures may discourage reporting misconduct, particularly when it involves colleagues 


If Texas wants meaningful reductions in sexual misconduct, it must address the front end of the problem: who is hired, who has access to children, and who is trusted to report misconduct. 


That requires better tools—not just stronger consequences. 


A Proven Prevention Tool: The Diana Screen® 


One evidence‑based tool already making a substantial impact nationwide is The Diana Screen®, created to help youth‑serving organizations identify adults who pose a sexual risk to children or who may be unlikely to report misconduct.


  • Has been used to help protect more than 500,000 children 

  • Identifies individuals who pose a sexual risk—even if they have no criminal history 

  • Supports a culture where reporting sexual misconduct is expected and reinforced 

  • Has a demonstrated 79% effectiveness rate in reducing sexual misconduct risk 


Research consistently shows: 

  • Nearly 10% of students report sexual misconduct by school staff or volunteers 

  • Only 6% of people report child sexual abuse to authorities 

  • Most individuals who harm children have no criminal background, meaning standard background checks frequently fail 


If Texas is serious about preventing abuse—not just reacting to it—tools like The Diana Screen® should be integrated into hiring, promotion, and volunteer screening processes across the state. 


Final Thoughts 


HB 4623 is a step toward increased accountability, but accountability is not prevention. 


Texas already had strong mandatory reporting laws, and they often went unheeded. Without addressing the deeper issues— hiring practices, screening tools, and school culture—HB 4623 risks becoming just another expensive policy that fails to protect children in real time. 


Protecting children requires proactive, not reactive, solutions. If Texas wants real and lasting change, it must invest in proven prevention strategies that identify sexual risk before children are harmed. Tools like The Diana Screen® offer exactly that. 


Sources 


 

Author’s Note 

Bret White, Ph.D., MSW is CEO of Abel Screening. Abel Screening developed The Diana Screen® to protect children from sexual abuse and supports its adoption by youth‑serving organizations nationwide. This article was written with AI assistance for grammar and clarity. 

The Diana Screen   

The #1 Sexual Risk Screen to Protect Children and Communities 

®

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Abel Screening, Inc.

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