Statute of limitations for school sexual abuse claimsWe update it whenever the law moves.

This page was checked against the statutes, the Governor's list of signed bills and the bill record published by Digital Democracy on October 8, 2026. It is updated whenever the law changes. The school sexual abuse page explains how a district becomes responsible and what a case involves. You can read both pages without contacting anyone.

Two deadline tracks

Code of Civil Procedure section 340.1 governs civil claims for childhood sexual assault. Since AB 452 took effect on January 1, 2024, the section has two sets of rules. Subdivision (p) says the section applies to any claim in which the childhood sexual assault occurred on and after January 1, 2024. Earlier abuse follows the rules that AB 218 wrote in 2019. The abuse date, not the filing date, decides the track.

The no-limit track

For abuse on or after January 1, 2024, there is no time limit. AB 452 removed it for actions against the perpetrator, for negligent breach of a duty of care, and for intentional acts. The California School Boards Association's legal update describes the change as eliminating the time limit entirely for abuse committed on or after that date. The bill also dropped the notice-of-misconduct requirement for plaintiffs over 40.

The AB 218 track

For abuse before January 1, 2024, a survivor can file until age 40, or within five years of discovering that an adult psychological injury was caused by the abuse, whichever is later. The Fiscal Crisis and Management Assistance Team's January 2025 report to the Legislature states the rule as 22 years from the date the plaintiff reaches the age of majority, or five years from discovery, whichever is later. SB 577 shortens the five years to three on January 1, 2027, as explained below.

AB 218 also opened a three-year revival window for claims that had already expired. That window closed on December 31, 2022. The same report stresses that the only claims subject to that deadline were for survivors who had already reached 40. Survivors under 40 still have time under the rule above.

Certificates of merit

A plaintiff who is 40 or older files certificates of merit before the case proceeds. Subdivisions (e) through (g) of section 340.1 require one from the attorney and one from a licensed mental health practitioner, each stating that there is a reasonable basis for the claim. The certificates are filed with the court, and the defendant is not served until the court has reviewed them. We arrange both.

The government claim exemption

Most claims against a public entity must first be presented as a government claim within six months. Childhood sexual assault claims are exempt. Government Code section 905(m) removes claims under section 340.1 from the claim presentation requirement, and subdivision (p), added by AB 218, makes the exemption retroactive. A 2016 Legislative Counsel opinion posted by the California Department of Education adds that a school district may not adopt a claim presentation procedure of its own for these claims.

Some law firm websites still list a six-month government claim as the first step. That is wrong for these claims, and a survivor who never filed one has lost nothing.

Treble damages

Section 340.1(b)(1) allows up to treble damages against a defendant where the plaintiff proves the abuse resulted from a cover-up. That enhancement does not reach public school districts. In Los Angeles Unified School District v. Superior Court, decided June 1, 2023, the California Supreme Court held that Government Code section 818, which bars damages imposed primarily for the sake of example or punishment, blocks treble damages against a public entity. A claim against a district is for the survivor's actual harm. Treble damages remain available against private schools and organizations where a cover-up is proved.

SB 577 as signed

SB 577, by Senator John Laird, passed the Legislature at the end of August 2026 and was presented to the Governor on September 8, 2026, according to the bill record. The Governor signed it on September 30, 2026, as listed in his legislative update of that date, and it was chaptered the same day as Chapter 971, Statutes of 2026 (Digital Democracy). It has no urgency clause, so it takes effect on January 1, 2027, under article IV, section 8(c) of the California Constitution. Survivor organizations had asked the Governor for a veto.

What the chaptered text does, for school sexual abuse claims:

• A shorter discovery window, for every defendant. Amended Code of Civil Procedure section 340.11(a)(1) keeps the deadline of age 40, 22 years after the age of majority, but cuts the discovery window for abuse before January 1, 2024 from five years to three. The survivor has three years from the date they discover, or reasonably should have discovered, that a psychological injury or illness in adulthood was caused by the abuse, whichever deadline is later. This applies to claims against private schools and individuals as well as public entities.
• A longer window where images were made. New section 340.11(a)(2) allows 10 years from the discovery, after the age of majority, of obscene matter covered by Penal Code sections 311.1 or 311.2.
• A higher burden against public entities for survivors 40 and older. New section 340.12(a) applies to a survivor who is 40 or older and sues a public entity, such as a school district, in a case filed on or after January 1, 2026. The survivor must prove two things by clear and convincing evidence. First, that the entity knew of misconduct that resulted in childhood sexual assault by an employee, volunteer, representative or agent, and failed to take reasonable steps or safeguards. Second, that the entity negligently discharged a mandatory duty. The rule does not apply where a judgment has been entered or the case is subject to a final settlement.
• Damages against public entities. There is no cap. For plaintiffs 40 and older, section 340.12 lists factors a court weighs on a motion to reduce the award, including the entity's mission and finances, and lets the entity elect to pay over time. Amended Civil Code section 1431.2 makes a public entity's share of economic damages several only, in actions filed on or after January 1, 2027, unless the entity is found more than 15 percent at fault.
• Codes of conduct. New Government Code section 50035 requires cities, counties and local educational agencies to adopt codes of conduct and a sexual assault prevention plan by December 1, 2027. Cities and counties send their codes to the Attorney General by January 1, 2028. School compliance is checked through the State Controller's K-12 audit guide.
• A penalty for bad-faith claims. New Business and Professions Code section 6095.2 makes an attorney who brings a childhood sexual assault claim in bad faith personally liable for $25,000 per claim. A judge may not find bad faith from destroyed or missing public records, delayed disclosure, or a loss at trial alone.
• Training. Employers of peace officers, probation officers and social workers, among others, must give mandated reporter training that covers grooming and sexual abuse risks at least once every two years.

The bill does not say how the shorter discovery window applies to a survivor whose five-year window started before January 1, 2027. A survivor who connected an adult injury to the abuse more than three years ago should talk to an attorney before that date, not after.

For survivors over 40 with a claim against a public school, proof of what the district knew now carries the case. Records, earlier complaints and witnesses carry more weight than before, and gathering them early matters.

SB 848 in effect

SB 848 took effect on January 1, 2026. As CalMatters reported, it requires schools, including private schools, to adopt conduct policies, train students and staff to recognize and report misconduct, broadens who must report, and directs the Commission on Teacher Credentialing to build a database of educators credibly accused of abuse, with protocols due by July 2026. For a claim, the new duties set a written standard that a school's conduct can be measured against.

AB 1381

AB 1381, a 2026 bill for a public, searchable database of educator misconduct, failed. ProPublica reported that the state had failed to revoke credentials for at least 67 educators whom school districts had found to have sexually harassed students or committed sexual misconduct, and that at least 14 were later hired by other schools. In a case, an adult's earlier record at another school is discoverable whether or not a public database exists.

Mandated reporting

Penal Code section 11166 requires a mandated reporter who knows or reasonably suspects child abuse to report it to police or child protective services by phone immediately or as soon as practicably possible, with a written report within 36 hours. Teachers, aides, coaches, counselors and administrators are all mandated reporters. A failure to report is a misdemeanor, and in a civil case it is evidence of what the school knew.

Sources cited

• Code of Civil Procedure section 340.1, current through January 1, 2026: FindLaw
• Government Code section 905: California Legislative Information
• Penal Code section 11166: California Legislative Information
• FCMAT, Child Sexual Assault Claims: Fiscal Implications, January 31, 2025: PDF
• California Department of Education, claims for childhood sexual abuse: cde.ca.gov
• Los Angeles Unified School District v. Superior Court (2023): FindLaw
• SB 577 bill record: California Legislative Information, and the Digital Democracy bill page, with the chaptered text and analysis
• Governor's legislative update, September 30, 2026: gov.ca.gov
• California Constitution, article IV, section 8(c), effective date of statutes: California Legislative Information
• CalMatters on SB 577: August 2026; on SB 848: December 2025
• ProPublica on AB 1381: June 2026
• CSBA legal update on AB 452: January 2024