The Unintended Consequences of Justice: How California's Sexual Abuse Law Threatens Public Education

The Legislative Landscape and Its Financial Impact

California’s Assembly Bill 218, passed in 2019, represents one of the most significant legislative efforts to address historical sexual abuse in public institutions. The law eliminated the statute of limitations for sexual abuse lawsuits, allowing survivors to sue within five years of remembering they were abused, effectively in perpetuity. This well-intentioned legislation has enabled victims to bring forward over $3 billion in claims against school districts, counties, and other public agencies across the state.

The financial mechanism through which these settlements are paid reveals a systemic vulnerability. Most public agencies don’t have traditional private insurance but belong to risk pools comprising dozens of other agencies. When one agency faces a massive settlement, insurance premiums increase for everyone in the pool. The consequences have been staggering: school districts have seen yearly insurance costs jump by $1 million or more, forcing them to make painful cuts that directly affect students and educational quality.

The Human Cost Beyond the Courtroom

The most heartbreaking aspect of this crisis emerges in classrooms and communities across California. Research by the California Association of Joint Powers Authorities shows that a year after the average school district pays a settlement of $1 million or more, student achievement measurably declines. Math proficiency falls by 3.7 percentage points and reading proficiency drops by 3.4 percentage points because schools must eliminate tutoring, after-school programs, field trips, and other engagement initiatives.

The story of Sierra Sands Unified in Ridgecrest exemplifies the human toll. Superintendent April Moore describes how insurance costs have increased by $500,000 annually, reaching nearly $1.2 million, forcing the district to abandon playground replacements, limit staff raises, and make cuts that affect the entire community. In remote areas already struggling to attract teachers, these financial pressures create a perfect storm that threatens educational quality and community morale.

The Moral Imperative and Practical Realities

As a firm believer in justice, accountability, and the protection of fundamental rights, I recognize the profound importance of providing recourse for sexual abuse survivors. The horrific nature of these incidents demands that victims receive compensation and that institutions be held accountable for failures to protect children. The article mentions a 2004 U.S. Department of Education report estimating that 1 in 10 students nationwide endured misconduct by school staff—a statistic that should outrage every citizen who values child safety and institutional integrity.

However, the current implementation of AB 218 creates an unsustainable situation that threatens to undermine the very institutions responsible for educating and protecting our children. The law’s structure, while noble in intent, fails to account for the financial realities of public agencies and the collateral damage inflicted on current students and communities.

The Need for Balanced Reform

The solution isn’t to abandon justice for survivors but to create a more balanced approach that protects both victims and public services. The medical malpractice model, which includes reasonable caps on settlements and attorney fees, provides a potential framework for reform. Such measures wouldn’t deny justice but would ensure that compensation doesn’t come at the expense of bankrupting public education and essential services.

The political challenges are significant, as evidenced by the failure of Senator John Laird’s bill to create reasonable limitations and the aggressive opposition from trial attorneys like John Manly, who characterizes any attempt at reform as “protecting predators.” This rhetoric, while emotionally powerful, ignores the complex reality that we can both support survivors and protect public institutions from financial collapse.

The Way Forward: Principled Compromise

Assembly Speaker Robert Rivas has called for “solutions that strike the right balance,” and this approach reflects the nuanced thinking required for effective governance. We must recognize that justice for historical abuses shouldn’t come at the cost of current educational quality and community services.

The recent passage of SB 848, which requires schools to train staff and students on preventing sexual misconduct and creates a database of accused employees, represents a positive step toward prevention and accountability. This proactive approach, combined with reasonable financial safeguards for abuse settlements, could create a more sustainable system that protects both survivors and public institutions.

Conclusion: Protecting Both Past and Future Victims

As we move forward, we must remember Nancy’s powerful words: “Behind every payout is a person, someone who was harmed as a child.” Her perspective as both a survivor and special education teacher embodies the complexity of this issue—we must honor the trauma of past victims while protecting the educational opportunities of current students.

The heartbreaking reality is that the very money needed to educate and protect today’s children is being diverted to settle claims from decades past. This isn’t merely a financial issue; it’s a moral dilemma that forces us to balance competing righteous claims. By creating reasonable guardrails and settlement caps, we can ensure that justice for survivors doesn’t come at the expense of justice for current students who deserve fully funded educational programs, safe facilities, and adequate support services.

In the end, our commitment to democracy, freedom, and liberty requires that we protect both the victims of past injustices and the students who represent our future. The current implementation of AB 218 threatens to undermine the very institutions that form the foundation of our civil society, and it is our responsibility to find a balanced solution that honors both justice and practical reality.