California’s K-12 schools will take far-ranging steps to prevent sexual abuse on campus — including building a database of teachers under investigation for misconduct — under a new law signed by Gov. Gavin Newsom.
Senate Bill 848, sponsored by state Sen. Sasha Renée Pérez, a Democrat from Alhambra, stems from a slew of recent lawsuits over sexual abuse in California schools, as well as a news report on decades of sexual abuse by at least a dozen teachers at a high school in her district.
“I’m proud to see this bill move forward. It’s been really personal for me,” said Pérez, who recently told CalMatters that she was the victim of a teacher’s inappropriate interest while she was in high school. “For survivors, this is an important step toward justice.”
The law goes into effect Jan. 1, and applies to all K-12 schools in California, including private schools.
Among other things, the law requires schools to train teachers, coaches and other school staff on how to prevent and report sexual misconduct; broadens the number of staff who are required to report abuse allegations; and requires schools to write comprehensive policies on appropriate behavior.
But the database is perhaps the most significant change. Administered by the California Commission on Teacher Credentialing, the database is intended to stop teachers facing credible accusations of abuse from quitting and getting rehired at another school, potentially abusing more children. The database will be available to schools as part of their employee screening process, and would be updated if allegations against a teacher prove to be unfounded.
Although sexual abuse has long occurred in schools, the extent of the problem came to light in 2020 after the passage of AB 218, which made it easier for victims to sue school districts and other government agencies over sexual abuse. The law opened a floodgate of lawsuits that have so far cost California schools more than $3 billion and brought some districts to the brink of insolvency.
Another bill’s failure
The large payouts inspired another bill this year, which would have provided some relief for school districts faced with lawsuits over decades-old abuse claims while still allowing victims to be compensated. Senate bill SB 577, sponsored by State Sen. John Laird, a Democrat from Santa Cruz, stalled in the Assembly.
The bill didn’t cap settlements or attorney fees, but it called for a statute of limitations on older incidents and would have made it easier for school districts to issue bonds to pay settlements, which in California have mostly ranged from $5 million to $10 million.
“I am disappointed that SB 577 will not be advancing this year,” Laird said in an email. “I had hoped to protect survivors’ access to justice while finding some fiscal relief to local governments. Despite these months of hard work, it was just impossible to balance these interests to get to a successful outcome this year.”
Laird said he hopes to resurrect the bill next year.
Financial hardships for districts
School districts were devastated by SB 577’s failure. Some had canceled preschool programs and field trips, frozen salaries or laid off staff and taken other steps to pay legal settlements. The expenses come at a difficult time for schools, as pandemic relief grants have recently expired and enrollment continues to decline in many parts of the state.
Montecito Union School District, a 350-student district near Santa Barbara, last month settled an abuse lawsuit for $7.5 million — nearly half its annual budget — for alleged sexual abuse by a former staff member between 1972 and 1978.
Nearby Carpinteria Unified has also been affected.
“We are very frustrated that legislators failed to assist California school districts who have been forced to defend themselves against decades-old claims, spending millions of dollars that impact current students and families,” said Diana Rigby, superintendent of Carpinteria Unified. “Our district has been severely impacted by the financial burden of defending four lawsuits from the 1970s.”
Advocates for SB 577 said that trial attorneys were behind the bill’s failure. Attorneys earn up to 30% to 40% on legal settlements, and have been advertising around California in search of people who were abused in schools.
In the final days of the legislative session, ads circulated on social media featuring a photo of Assembly Speaker Robert Rivas with the words, “Stop the Predator Protection Law” and “Stand with child victims.” The ads were paid for by the law firm Manly, Stewart & Finaldi, a national firm with offices in Irvine and Riverside, which specializes in sex abuse claims.
John Manly, a partner in the firm, said he bought the ads to pressure Rivas to reject the bill.
“If I have to spend every last dime to protect a child from being abused, I will do that,” Manly said. “I’ve spent my career doing this, and I’m not going to stop.”
Manly, the lead attorney in the lawsuit against former Olympic team doctor Larry Nassar, said he’d fight any legislation that curbs abuse lawsuits. He also said Pérez’s bill doesn’t go far enough: it should include felony charges for mandated reporters who fail to report suspected abuse, and it should require school districts to publish the names of staff who’ve been “credibly accused” of sexual misconduct.
He expects the fight to continue next year and beyond.
Consumer Attorneys of California, a lobbying group, was neutral on Laird’s bill.
“Although CAOC had no official position on the bill, we thought it struck the right balance between protecting survivors' rights and addressing issues relating to public entities,” said Jonathan Underland, spokesperson for Consumer Attorneys of California. “We were disappointed to see that it did not cross the finish line.”
Eventually, state political leaders will have to take action on abuse lawsuits because too many schools and government agencies are facing insolvency, endangering programs that millions of people rely on, said Ben Adler, public affairs director for the California State Association of Counties.
“God bless Senator Laird for taking this on. It was a thankless task,” Adler said. “Moving forward, there has to be a way to ensure justice for survivors without bankrupting schools and counties, which provide a social safety net. The governor and the Legislature will have to get everyone in a room to figure this thing out.”
This article was originally published on CalMatters and was republished under the Creative Commons Attribution-NonCommercial-NoDerivatives license.
