Loyal Readers of the Daily Dawg are aware that lawsuits involving “John and/or Jane Doe” are usually about sexual matters. Such is the case of KIPP Texas, Inc. v. Doe. Parents of “several young girls” alleged that a school counselor employed by KIPP sexually abused their daughters. The court opinion tells us that the counselor “has since pleaded guilty to sex crimes.” Is the charter school liable for what its employee did?

No. The court granted a “Plea to the Jurisdiction” which means that the court tossed this case out without hearing any evidence of what happened. Why would that happen? Because of governmental immunity. The court held that KIPP was entitled to immunity from suit, meaning that the court did not even have jurisdiction over this matter.

Is this some sort of special deal enjoyed by charter schools? No. The court pointed out charter schools are part of the public education system, and as far as liability and immunity, they are to be treated the same as a traditional public school district. Therefore:

In this suit [the parents] allege claims for assault and negligence based on the sexual abuse of their children by a school counselor employed by KIPP at an open-enrollment charter school. A public school district would be immune from these claims…..Hence, KIPP is likewise immune from the [parents’] claims.

The court included a comment that I’ve never before seen in a judicial ruling about sovereign and governmental immunity. Specifically, the unfairness of it all:

Moreover, unfairness is part and parcel of sovereign and governmental immunity, in that the application of these doctrines often precludes the redress of undeniable wrongs.

Unfair or not, it’s the law. The court noted that “our Supreme Court has held that open-enrollment charter schools are entitled to governmental immunity. And we must apply the Court’s decisions faithfully.”

It’s KIPP Texas, Inc. v. Doe, decided by the Court of Appeals for the 1st District (Houston) on June 30, 2022. The case is cited at 2022 WL 2347906.

DAWG BONE: THE STATE HAS SOVEREIGN IMMUNITY. THE SCHOOL DISTRICTS AND CHARTERS HAVE GOVERNMENTAL IMMUNITY. DIFFERENT NAMES, SAME RESULT.

Got a question or comment for the Dawg? Let me hear from you at jwalsh@wabsa.com.