California's K-12 schools, including private institutions, will implement extensive measures to prevent sexual abuse on campuses starting January 1. Governor Gavin Newsom signed Senate Bill 848 into law, mandating new training, reporting requirements, and the creation of a statewide database to track teachers under investigation for misconduct.
Key Takeaways
- New law (SB 848) requires K-12 schools to implement broad sexual abuse prevention measures.
- A central database will track teachers accused of misconduct to prevent re-hiring.
- Schools must provide staff training and broaden reporting requirements for abuse allegations.
- The law aims to address a surge of lawsuits stemming from a 2020 legal change.
- Another bill (SB 577) designed to offer financial relief to school districts failed.
New Measures Target Teacher Misconduct
The core of Senate Bill 848 focuses on preventing individuals accused of sexual misconduct from moving between school districts. This includes establishing a comprehensive database managed by the California Commission on Teacher Credentialing. This database will list teachers under investigation for abuse allegations.
The goal is to stop teachers facing credible accusations from resigning and then securing employment at another school, potentially endangering more students. Schools will access this database during their employee screening process. If allegations against a teacher are later found to be untrue, the database will be updated to reflect that information.
Important Fact
The new law, Senate Bill 848, officially takes effect on January 1 and applies to all K-12 educational institutions across California, including both public and private schools.
Expanded Training and Reporting Requirements
Beyond the database, SB 848 introduces several other critical provisions. Schools must now provide mandatory training for all staff members, including teachers and coaches. This training will cover essential topics such as identifying, preventing, and reporting sexual misconduct.
The law also expands the range of school personnel who are legally required to report abuse allegations. This broader definition aims to create more eyes and ears within the school environment, ensuring that potential issues are reported quickly. Additionally, all schools must develop and implement clear, comprehensive policies on appropriate staff and student behavior.
"I’m proud to see this bill move forward. It’s been really personal for me," said State Senator Sasha Renée Pérez, a Democrat from Alhambra, who sponsored SB 848. "For survivors, this is an important step toward justice."
Background on the Legislation
Senate Bill 848 originated from a series of recent lawsuits concerning sexual abuse within California schools. It also followed a news report detailing decades of abuse by multiple teachers at a high school in Senator Pérez's district. Pérez has publicly shared her own experience as a victim of inappropriate teacher interest during her high school years, highlighting the personal motivation behind her advocacy.
Impact of Previous Legislation and Lawsuits
The need for stronger preventive measures became more apparent after the passage of Assembly Bill 218 in 2020. This earlier law made it easier for victims to file lawsuits against school districts and other government entities for sexual abuse. AB 218 led to a significant increase in legal claims.
Since 2020, these lawsuits have cost California schools over $3 billion. This financial burden has pushed some school districts to the edge of financial collapse, impacting their ability to fund essential programs and services for current students.
Failed Attempt at Financial Relief for Districts
In response to the severe financial strain on districts, another bill, Senate Bill 577, was introduced this year. Sponsored by State Senator John Laird, a Democrat from Santa Cruz, SB 577 aimed to provide some financial relief for school districts facing lawsuits over decades-old abuse claims. The bill also intended to ensure victims still received compensation.
SB 577 did not propose capping settlements or attorney fees. However, it sought to establish a statute of limitations for older incidents. It also aimed to simplify the process for school districts to issue bonds to cover large settlement payments. Settlements in California have typically ranged from $5 million to $10 million.
Despite these efforts, SB 577 failed to advance in the Assembly.
"I am disappointed that SB 577 will not be advancing this year," Senator Laird stated. "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."
Senator Laird has indicated his intention to reintroduce the bill in the next legislative session.
Financial Hardships for California School Districts
The failure of SB 577 left many school districts facing significant financial difficulties. Some districts have already canceled preschool programs, eliminated field trips, frozen salaries, or laid off staff to pay for legal settlements. These expenses come at a challenging time, as pandemic-relief grants have recently expired and student enrollment continues to decline in many parts of California.
Case Study: Montecito Union School District
Montecito Union School District, a small district with 350 students near Santa Barbara, recently settled an abuse lawsuit for $7.5 million. This amount represents nearly half of its annual budget. The lawsuit involved alleged sexual abuse by a former staff member between 1972 and 1978.
Nearby Carpinteria Unified School District has also been impacted by these financial pressures.
"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."
Lobbying and Future Outlook
Advocates for SB 577 have suggested that trial attorneys played a role in the bill's failure. Attorneys can earn a significant percentage, often between 30% to 40%, of legal settlements. Law firms have been actively advertising across California to find individuals who experienced abuse in schools.
During the final days of the legislative session, social media ads appeared featuring Assembly Speaker Robert Rivas with messages like "Stop the Predator Protection Law" and "Stand with child victims." These ads were funded by Manly, Stewart & Finaldi, a national law firm specializing in sex abuse claims.
John Manly, a partner at the firm, confirmed he purchased the ads to pressure Speaker Rivas. "If I have to spend every last dime to protect a child from being abused, I will do that," Manly stated. "I’ve spent my career doing this, and I’m not going to stop."
Manly, known as the lead attorney in the lawsuit against former Olympic team doctor Larry Nassar, has vowed to oppose any legislation that limits abuse lawsuits. He also believes Senator Pérez’s bill does not go far enough. He suggests it should include felony charges for mandated reporters who fail to report suspected abuse and require school districts to publish the names of staff credibly accused of misconduct.
He anticipates the legal and legislative battles will continue in the coming years.
The Consumer Attorneys of California, a lobbying group, remained neutral on Senator 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."
Ben Adler, public affairs director for the California State Association of Counties, emphasized that state political leaders must eventually address the issue of abuse lawsuits. He noted that many schools and government agencies face insolvency, which could jeopardize essential programs relied upon by millions of people.
"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."
