Do I Have to File a Government Claim Before Suing a School District?

What a government claim is

For most injury claims against a California public entity, such as a city, county or school district, the injured person must first file a written claim with the entity, usually within six months, and wait for it to be denied before filing a lawsuit (Government Code §§ 911.2, 945.4). Unfortunately, this six-month deadline results in many people losing their right to seek compensation before even realizing they have a claim. Navigating complex public entity claims requires clear guidance and proactive steps. Some survivors may hear about this rule and assume, incorrectly, that they have already lost their legal rights. You can empower yourself today by seeking experienced counsel, staying fully informed of your legal options and actively pursuing the compensation you may be entitled to.

Why childhood sexual assault claims are different

California law gives survivors the power to seek justice against public school districts by removing the standard six-month government claim deadline under Code of Civil Procedure § 340.11(s) and Government Code § 905(m). You do not need to have filed anything with the district before now. That is true even if the abuse happened many years ago and no one at the school ever made a report.

How long you have

• Under 40: You can bring a case against a California school district any time before your 40th birthday.

• Abuse on or after January 1, 2024: There is no deadline (Code of Civil Procedure § 340.1).

• 40 or older: Different and stricter rules apply, so talk to a lawyer promptly. LMMB currently evaluates California school cases for survivors under 40.

Does SB 577 change this?

California enacted SB 577 in September 2026; it takes effect January 1, 2027. For survivors under 40, the core rule is unchanged: you can still sue a school district any time before your 40th birthday, with no government claim first. Read: What SB 577 means for survivors →

What you do not need

• A police report or criminal charges. A civil case is separate from any criminal case. Many abusers are never charged.

• Records or proof in hand. Investigating is our job. Both before and after we file a lawsuit, we gather records, staff files, witness accounts and other evidence.

• To have told anyone at the time. Most survivors don’t. Delayed disclosure is normal.

Every case is different. This is general information, not legal advice. A confidential review can confirm what applies to you.