California made a commitment to survivors of childhood sexual assault when it passed AB 218 in 2019. For many survivors, it was the first real chance to seek the dignity, accountability, and restitution they deserve.
AB 218 reopened a three-year window for filing sexual abuse cases that were previously blocked by the statute of limitations. And it said that in the future, victims could sue “within 5 years of the date the plaintiff discovers” the psychological damage caused by the abuse.
But today, the unintended consequences of AB 218 are spiraling out of control, and our public school students are paying the price.
An empty classroom at P.S. 59 after the coronavirus outbreak in Brooklyn. REUTERS
Classroom chairs stacked on desks show peeling paint and termite damage on the wall by the windows. Los Angeles Times via Getty ImagesAcross the state, school districts are being financially drained by AB 218 lawsuits, and by a litigation environment that increasingly rewards aggressive legal tactics over meaningful justice.
This isn’t accountability. It’s a profit model. And it’s all possible because AB 218 was implemented without guardrails.
Recently, the LA Unified School District had to borrow another $250 million to pay sex abuse settlements — on top of $500 million it had already borrowed — thanks to AB 218.
The broader impacts are not hypothetical; nor is this just a problem facing Los Angeles. AB 218 created a public education crisis across the state.
For instance, leaders in Sierra Sands Unified School District, a small, rural district serving approximately 5,000 students, have been forced to forgo playground improvements, close a middle school, and make tough staffing decisions — not because enrollment declined or funding dried up, but because AB 218 legal liabilities consumed resources.
A yellow school bus being towed by a tow truck at night, with building lights visible in the background. Christopher Sadowski
Elementary school students read and draw in a new classroom after being displaced by a fire. Los Angeles Times via Getty ImagesSchool leaders across the state are pressured to settle cases rather than defend them, knowing that even a single case could trigger massive seven-digit court judgements and expose their districts to receivership.
That is what’s happening to Carpinteria Unified School District due to a claim that goes back more than 40 years.
California does not have to choose between honoring survivors and protecting today’s students. We can do both.
We need common-sense guardrails that restore balance and accountability, like caps on noneconomic damages, and limits on attorney fees.
Economic damages cover tangible, calculable losses like medical bills and lost wages. Noneconomic damages cover everything harder to put a number on — pain and suffering, emotional distress, and loss of enjoyment of life.
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These harms are real, and they deserve compensation. However, without any ceiling, a single jury can award tens or hundreds of millions of taxpayer dollars meant for classrooms and students.
Caps on attorney contingency fees, which can eat up 40 to 50 cents of every dollar a survivor receives in AB 218 cases, will allow settlement money to reach survivors instead of the lawyers who profit from them.
Other states have passed reforms that offer a roadmap.
New Jersey and New York passed similar childhood sexual abuse revival windows. Shortly thereafter, they enacted caps on noneconomic damages, and attorney fee limits, to prevent runaway judgements from destabilizing public institutions.
Georgia and Texas have long maintained sovereign immunity protections and damages caps for public entities. These protect taxpayer dollars while still providing survivors the means to seek justice.
Los Angeles Unified Superintendent Alberto M. Carvalho points to a book while visiting with Greyson Lones, 7, and classmates. Los Angeles Times via Getty ImagesEven federal law creates standards that create a more balanced approach.
For older claims, lawmakers should focus on targeted accountability standards, requiring public institutions to have actual prior knowledge of the abuse. That ensures districts are held responsible only when there was real awareness and failure to act.
Claims brought decades after the statute of limitations should meet a higher evidentiary standard, recognizing the difficulty of reconstructing long-past events where witnesses are deceased and records are nonexistent.
Together, these reforms would protect survivors’ rights while safeguarding today’s students from bearing the financial cost of yesterday’s failures.
We reject the false narrative that legislators who advocate for fiscal safeguards are “protecting predators.”
They are protecting students. They are responsibly using taxpayer dollars, and at the same time ensuring California students their constitutional right to an education.
The warning signs are here, and the impact is dire. Every day of delay means fewer resources for students and more leverage for attorneys who profit from our public dollars.
School leaders across California are already making painful choices — cutting programs, delaying repairs, and stretching staff thin. They are doing their part to manage the crisis in front of them.
California can uphold justice for survivors while safeguarding public education, but only if lawmakers have the courage to embrace solutions that result in real change.
Dorothy Johnson is a legislative advocate with the Association of California School Administrators.
