Law extends window for child sex assault claims. How does it impact Fresno schools?
.jpeg "AB 218 allows survivors of childhood sexual assault to sue public entities, like school districts.")
School districts in the Fresno area and across California are grappling with the financial impact of a state law that extends the window for victims of childhood sexual assault to sue public entities.
Passed in 2019, Assembly Bill 218 allows victims of childhood sexual assault to file such claims even if the statute of limitations has expired or if the accused perpetrator has died.
Large settlements of these cases in the Carpinteria and Los Angeles school districts have recently made headlines, though the law’s financial impact on the region’s school districts remains unclear.
Fresno Unified spokesperson Diana Diaz said the district saw an uptick in claims after the law took effect in 2020, but isn’t anticipating any hard financial hits.
“While we generally can’t comment on litigation, we can share that shortly after Assembly Bill 218 was passed, Fresno Unified did initially see an increase in these types of claims. Some have already been settled, while others remain pending; however, none are expected to have a significant impact on the district’s finances,” she said.
Kelly Avants, spokesperson for Clovis Unified, said the district has “received a handful” of cases, with one “in the midst of settlement.” The district was recently named in a lawsuit by five women who allege they were sexually abused by a former teacher while attending Fancher Creek Elementary School.
Madera Unified spokesperson George Garnica said the district doesn’t currently have any pending cases. He declined to comment on whether any claims have been brought against Madera Unified since the law took effect.
While Fresno Unified and Clovis Unified say AB 218 hasn’t hit them as hard as other districts, even districts without any active claims say they have been impacted through diverting public funds to pay insurance premiums in anticipation of any potential cases in the future.
“We’re battling for today’s kids. We’re trying to get every single dollar we can to go to the classroom,” said Brian Beck, superintendent of Yosemite Unified School District. “This type of legislation actually creates a situation where we have to hold funds back because, what if?”
While highlighting his issue with the legislation, Beck said the intent behind AB 218 is commendable.
“While the concept and idea of protecting victims of sexual abuse is a good one, no doubt about it, the way it’s being done and the way that it’s hurting today’s students in our schools is the issue we have. And we would like to see a more balanced approach to somehow protect victims without hurting the students of today,” he said.
The author of AB 218, former Assemblymember Lorena Gonzalez, expressed similar sentiments on social media, saying that “unscrupulous attorneys are treating (the bill) like a feeding frenzy.”
The Fiscal Crisis and Management Assistance Team, the state’s school finance watchdog, released a report on the impact these claims have on public agencies, noting this legislation prompts school districts to use “today’s dollars to pay for decades-old offenses revived by AB 218.”
Jason Amala, the lead attorney representing the plaintiffs in the Fancher Creek lawsuit against Clovis Unified, said the AB 218 law is important for victims of childhood sexual assault.
“Most kids don’t tell, and they especially don’t tell when they’re abused by someone in a position of authority. So, these laws are important because we know that kids don’t tell, we know that kids aren’t going to come forward and pursue a lawsuit if they’re not telling anyone that it happened,” Amala said. “They’re going to to try to go through life pretending they’re okay. And they’re not okay. So, what do we do?”
“If we’re looking at the economic impact, what do you say? ‘Too bad, if you would have come forward as a kid, we would’ve given you fair compensation, but now we’re not going to do that?’ If it’s having an economic impact, you figure out how to deal with the economics of it and make sure people get fair compensation,” Amala said.
