SB 577: What California’s New Law Means for School Abuse Survivors
Written by Alex E. Cunny, Partner · Updated October 2026
The short answer. If you are under 40, SB 577 does not take away your right to sue a California school district for sexual abuse you suffered as a student. You can still file any time before your 40th birthday, and you still don’t have to file a government claim first. The new law mainly affects survivors who are 40 or older when they sue a public entity over abuse that happened before 2024.
The basics
What it is: SB 577 (Laird), Statutes of 2026, Chapter 971.
Signed: September 2026.
Takes effect: January 1, 2027.
Text: read the enrolled bill.
If you are under 40: what stays the same
Deadline: you can bring a case against a California school district any time before your 40th birthday (Code of Civil Procedure § 340.11).
No government claim first: you don’t have to file one (Code of Civil Procedure § 340.11(s); Government Code § 905(m)).
Burden of proof: the ordinary civil burden of proof applies.
Abuse on or after January 1, 2024: there is no deadline (Code of Civil Procedure § 340.1).
If you are 40 or older: what changes
For a lawsuit against a public entity, such as a school district, filed on or after January 1, 2026, over abuse that happened before January 1, 2024, a survivor who is 40 or older must prove two things by “clear and convincing evidence” (Code of Civil Procedure § 340.12):
that the entity knew of misconduct that resulted in the abuse and failed to take reasonable steps to prevent it, and
that the entity negligently failed to perform a mandatory duty.
Survivors 40 or older must also file certificates of merit, from their attorney and a licensed mental-health practitioner, together with the complaint.
If you’re 40 or older, please talk to a lawyer promptly. LMMB currently evaluates California school cases for survivors under 40.
Other changes in SB 577
Damages: there is no cap on damages.
Cover-up damages: treble “cover-up” damages cannot be imposed on public entities.
Shared fault: in cases filed on or after January 1, 2027, a public entity found 15% or less at fault pays only its share of economic damages, such as medical costs and lost earnings (Civil Code § 1431.2).
Prevention plans: school districts must adopt codes of conduct and a sexual-assault prevention plan by December 1, 2027. The plans must cover staff–student boundaries and limits on texting and social-media contact (Government Code § 50035).
Bad-faith claims: attorneys who bring bad-faith claims face penalties (Business & Professions Code § 6095.2).
What this means for you
If you were abused at a California public school and you’re under 40, nothing in SB 577 takes away your right to file. Because the rules get stricter at 40, it makes sense to talk to a lawyer well before then.
Frequently asked questions
Does SB 577 cap how much a survivor can recover?
No. The final law has no damages cap.
I’m 35. Do I need to rush?
You can file any time before your 40th birthday. Building a case takes time, though, so it’s wise to get advice early.
Does SB 577 change anything for abuse that happened after 2024?
No. There is still no deadline for childhood sexual assault occurring on or after January 1, 2024.
Every case is different. This is general information, not legal advice.
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If you are a survivor, contact us for a free and confidential consultation about your legal options.
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