Can You Sue a California School for Student Sexual Abuse Cases?
This week's question comes from a middle school parent who asks:
"Can I sue a California school if my child was sexually abused by another student?"
Yes. Under California law, school employees have a legal duty to protect students from foreseeable harm, including sexual assault committed by another student. When school officials fail to provide adequate supervision or fail to report known abuse, they can be held legally responsible for your child’s injuries.
One anonymous parent in California recently asked:
“My son was sexually assaulted by another student in his special education class. Both students have developmental disabilities. The school never told me what happened. I only found out from a teacher’s aide. Now my son refuses to go to school, and I’m heartbroken. Can I hold the school accountable?”
Here's what California parents need to know.
Mandatory Reporting Laws in California
Teachers and school staff are required by law to report any known or suspected sexual abuse of a student to police or child protective services. Failure to do so can lead to jail time and fines under California Penal Code §11166.
If your child is a victim, and the school failed to report the incident or notify you, the school may be liable for damages.
What Is Negligent Supervision?
Schools must provide proper supervision on school grounds to prevent foreseeable harm, including sexual misconduct by other students. If school personnel knew (or should have known) that a student was a danger to others and did nothing to prevent future harm, this may be considered negligent supervision.
California courts have found schools liable even when abuse was committed by another student. In one landmark case, the court ruled a teacher was responsible for a student’s death due to lack of supervision, even though it involved another student’s actions (Dailey v. LAUSD, 1970).
This standard also applies to sexual assault, especially when special needs students are involved. Vulnerable students must be closely monitored if other students have a known history of inappropriate touching or aggression.
Can I File a Lawsuit?
Yes. Parents or guardians can file a civil lawsuit against both the student who committed the abuse and the school district for failing to prevent or report it. While the student offender may be a minor and not legally responsible, the focus of litigation is often on the school district for violating mandatory duties.
How Dolan Law Firm Can Help
Our team has successfully represented special needs children and their families in cases involving sexual abuse, negligence, and failure to supervise in Bay Area schools, including a high-profile case against the Redwood City Elementary School District. We know how to handle these sensitive cases with the urgency and compassion they deserve.
We offer free, confidential consultations. Contact us if your child was harmed at school.
