California lawmakers reach long-awaited deal on school sexual abuse lawsuits

State lawmakers have reached a deal that would provide school districts some relief from the costs of childhood sexual abuse lawsuits filed after a 2020 law allowed victims to sue for abuse by public employees going back decades, EdSource has learned.

It was not immediately clear Thursday afternoon whether the last-minute deal, brokered days before the legislative session is set to end on Aug. 31, has enough support to reach Gov. Gavin Newsom’s desk.

At issue is Assembly Bill 218, a law that lifted the statute of limitations to sue for childhood sexual abuse and enabled a blitz of costly litigation against schools and public agencies. In some cases, victims have received tens of millions of dollars for sexual assaults and abuses they say took place decades ago at the hands of teachers and other public employees.

Details of the deal are included in amendments made to Senate Bill 577 co-authored by Sen. John Laird, D-Santa Cruz. According to the amended bill text, the deal would raise the legal standard required for people who are 40 years or older to sue for sexual assaults that occurred before Jan. 1, 2024. It also calls for schools and other agencies to have sexual assault prevention plans and codes of conduct.

“California stands with survivors, whose voices have shaped this process every step of the way, and the Legislature is taking action to defend and preserve survivors’ path to justice — that is not negotiable,” Assembly Speaker Robert Rivas, D-Hollister, said in a statement. “With this solution, the state is safeguarding schools and public services, while investing in prevention and protecting against future abuse. California is committed to the safety of every child.”

The amendments do not appear to address a limit or cap on jury awards or settlement amounts for childhood sexual abuse cases in the state. Caps were a major demand from public agencies, including schools, counties and obscure agencies called joint powers authorities that serve as insurance pools for school districts.

Laird, who had attempted to pass an AB 218 reform bill last year, said in a phone interview Thursday evening that the negotiations that led to the compromise were difficult. Putting a complete cap on settlement amounts “was a bridge too far” for many lawmakers, Laird said.

Troy Flint, spokesperson for the California School Boards Association, said the group was grateful for lawmakers’ efforts, but added that it’s “highly questionable” whether the deal would do enough to prevent school districts from getting slammed with seven-figure settlements.

“We’re grateful to Speaker Rivas and Pro Tem (Monique) Limón for their efforts to address this issue,” Ben Adler, director of public affairs for the California State Association of Counties, said in a statement. “It’s clear the status quo is broken, and the unintended consequences have grown out of control.”