Public schools immune from some older sexual abuse allegations, state high court rules

Public schools are immune from lawsuits alleging sexual abuse that happened before mid-1971, the Maryland Supreme Court ruled this week.

In recent years, the legislature moved to make it easier for survivors of child sexual abuse to seek redress. The Child Victims Act of 2023 removed time limits for them to file lawsuits and hold institutions accountable.

But in a 42-page opinion on Tuesday, Chief Justice Matthew Fader wrote that the Maryland General Assembly only required school systems to obtain comprehensive liability insurance beginning July 1, 1971. Lawmakers, he wrote, neither appropriated funds nor authorized school systems to raise money to pay claims arising from events that occurred before that date.

It was not immediately clear how many pending lawsuits could be thrown out, as the ruling affects claims that are at least 55 years old.

The Maryland Association of Boards of Education reported in a friend-of-the-court brief that there are “multiple pending cases” involving allegations of sexual abuse that took place before 1971 in places including Baltimore City and Baltimore, Prince George’s and Montgomery counties.

The decision arose out of a lawsuit that Rhonda Sturm filed in 2025 against Wicomico County Public Schools, alleging that a physical education and sixth grade teacher at North Salisbury Elementary School sexually abused her between 1967 and 1971.

One of her attorneys, Robert Jenner, said they were “obviously disappointed in the ruling.”

“We believe that the Maryland Child Victims Act was passed in order to provide survivors access to justice,” Jenner said. “We don’t think that when they passed the legislation, it was limited by insurance or by statute or by anything else that would reduce the recovery.”

The justices directed that the case be dismissed without prejudice, which means that Sturm could refile the lawsuit if lawmakers allocate funds or allow school systems to raise money to cover these claims.

Jenner said he hopes legislators will take up the issue and “give survivors the opportunity to have the Child Victims Act’s intent fulfilled.”

The Banner does not identify people who report that they’re survivors of sexual abuse without their permission. Sturm filed the lawsuit without using a pseudonym, and she does not want anyone else to endure what happened to her, Jenner said.

In a statement, Wicomico County Public Schools said the ruling provides clarity about complex issues of immunity, insurance and funding, and affects cases across the state.

“While we respect the Court’s ruling, we recognize the sensitivity of these matters and remain firmly committed to the safety, well-being, and trust of our students and families,” the statement continued.

Lawmakers have since slashed the amount of damages that people can recover through lawsuits filed after May 31, 2025, after learning the state could face billions in liability. The legislature lowered the cap for public institutions from $890,000 to $400,000.