California Schools Get Abuse Lawsuit Relief

California lawmakers have reached a compromise on childhood sexual abuse lawsuits that rejects caps on damages but offers financial relief to school districts and other public entities. The deal, released Thursday, amends Senate Bill 577 and requires survivors over age 40 to present stronger evidence for claims related to incidents before 2024.

The Core Compromise

Lawmakers spent two years negotiating between the demands of survivor advocates and the fiscal concerns of cities, counties, and school districts. Survivor groups successfully opposed any caps on damages, arguing they would put a price on trauma. Public entities, however, secured a key concession: a higher evidence threshold for older plaintiffs. This new standard applies to survivors over 40 and to cases prior to 2024 where records were destroyed.

Senate President Pro Tem Monique Limón, a Santa Barbara Democrat, stated that protection and prevention were central to the talks. The Youth Law Center, representing survivors, thanked lawmakers for rejecting some of the most harmful proposals. A spokesperson for the center acknowledged the fiscal pressures on public entities but stressed that the harm that created those costs is even more consequential.

Opposition from Some Advocates

Not all survivor groups support the agreement. Several organizations have criticized the higher evidence bar for plaintiffs over 40 as a tragedy that will undermine justice. They argue that since many victims do not come forward until later in adulthood, the stricter standard will harm those with delayed cases.

Caroline Heldman, founder of Stand With Survivors, called the bill immoral. In a joint statement with four other groups, she urged Governor Gavin Newsom to veto SB 577 to protect survivors and hold abusers accountable.

Financial Pressures on Schools

School districts and local governments had pleaded for help with rising costs stemming from a 2019 law that expanded who could sue over childhood sexual assault. Beyond paying damages, these entities have seen liability insurance costs soar. This has forced cuts to staff and programs and delayed maintenance and facility upgrades.

Jaime Huff, leader of the Civil Justice Association of California, said the bill puts some common sense back into a system where questionable claims and runaway litigation costs have drained billions from public coffers. She described the current situation as a lawsuit tax on public services.

New Prevention and Enforcement Rules

The legislation also mandates new preventive measures. Counties, cities, and school districts must develop and submit codes of conduct and sexual assault prevention plans to the California attorney general's office by January 1, 2028. The attorney general will then brief the Legislature on non-compliant agencies.

The bill expands the list of mandatory reporters of child sexual assault or grooming. The new list includes peace officers, probation officers, and social workers.

Provisions to deter fraudulent claims are included. Attorneys found to have brought a child sexual abuse claim in bad faith face a $25,000 fine. The amendments also remove a controversial statute-of-limitations cutoff for claims against juvenile detention centers run by Los Angeles County, which recently settled a $4 billion case.

Lawmakers have until Monday to consider the legislation in both chambers. Governor Newsom's office declined to comment Thursday, but sources familiar with the negotiations said he indicated he would sign any deal the Legislature sends him.