1. (a) A public school that is grossly negligent or reckless, or engages 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 a student enrolled in the school and that is:

   1. (1) sexual misconduct; or
   2. (2) failure to report suspected child abuse or neglect under Section 261.101, Family Code.
2. (b) In an action against a public school under this chapter, the professional school employee who committed the act or omission on which the claim is based must be named as a defendant.

Added by Acts 2025, 89th Leg., R.S., Ch. 949 (H.B. 4623), Sec. 1, eff. September 1, 2025.