Since October 2023, Maryland has let adults sue over sexual abuse they suffered as children no matter how long ago it happened. Many of those lawsuits name county boards of education. Three official steps since then shape how those school cases work: a 2025 ruling by the state’s highest court, a 2025 law that lowered damages caps for some later cases, and a June 2026 ruling about abuse that happened before July 1971.
What the 2023 law did
The Child Victims Act of 2023 (Chapter 6 of the 2023 Laws of Maryland) took effect on October 1, 2023. It says a civil lawsuit over sexual abuse that happened to a minor may be filed “at any time.” It also applies to older claims that had already run out of time.
Before 2023, a 2017 law generally barred these lawsuits against anyone other than the abuser once the survivor was more than 20 years past age 18. That meant most claims against a school system ended around age 38. The 2023 law removed that limit. It also set caps on damages. For government defendants, including county boards of education, the cap was $890,000 per claimant.
The 2025 ruling that upheld the law
On February 3, 2025, the Supreme Court of Maryland decided three cases together. One of them was brought against the Board of Education of Harford County. In that case, a plaintiff using the name “John Doe” alleges sexual abuse by a teacher and a custodian. The other two cases involved the Roman Catholic Archbishop of Washington and a private school.
The school board and the other defendants argued that once the old deadline passed, they had a right to be free from these lawsuits. In a 4–3 decision, the court disagreed. It held that the 2017 deadline was an ordinary statute of limitations. Running out of time under that kind of rule does not create a “vested right” to be free of liability. The court said the 2023 law is constitutional as applied to the defendants in those cases. Three justices dissented.
The 2025 amendment that lowered some caps
A few months later, lawmakers changed the damages rules. House Bill 1378 became Chapter 104 of the 2025 Laws of Maryland and took effect June 1, 2025. According to the legislature’s official fiscal note, it applies to lawsuits filed on or after June 1, 2025, that would have been too late before October 1, 2023.
- For those later-filed older claims, the limit against the State, a local government or a local board of education drops from $890,000 to $400,000 per claimant.
- For private defendants, the cap on noneconomic damages in those cases drops from $1.5 million to $700,000.
- The limits now apply per claimant for all claims together, rather than per incident.
- Lawyers’ fees in these cases filed on or after June 1, 2025, are capped at 20% of a settlement or 25% of a judgment.
- Cases filed before June 1, 2025, keep the earlier limits.
A cap is a ceiling set by law. It is not an estimate of what any case is worth, and it does not mean any survivor will receive that amount. Every case turns on its own facts and proof.
The 2026 ruling on abuse before July 1971
On June 23, 2026, the Supreme Court of Maryland decided Board of Education for Wicomico County v. Sturm. A former student filed suit in May 2025. She alleges a teacher abused her at an elementary school between 1967 and 1971. The board argued that it still had sovereign immunity, a legal shield for state agencies, for conduct before July 1, 1971.
The court agreed with the board. It explained that county boards of education are treated as state agencies. Waiving their immunity requires both permission to sue and a way to pay judgments. Maryland first required boards to buy liability insurance on July 1, 1971. For conduct before that date, the court said the legislature never provided a way to pay. It sent the case back with directions to dismiss the claim against the board without prejudice.
A law can open the courthouse door without deciding who can be made to pay, or how much.
The ruling also held that a school board can appeal right away when a trial court denies a claim of complete sovereign immunity. The ruling does not decide every question about claims from the years after 1971.
What this means for survivors
For Maryland survivors of abuse at a public school, the date the abuse happened, the date a lawsuit is filed and the type of defendant can all matter. Other states handle these questions very differently. Deadlines, caps and notice rules vary by state, and some claims against public bodies have short notice periods. A lawyer can look at the specific facts and the law that applies. You can read more about school sexual abuse claims and about sexual assault and abuse cases in general.
This article is general information about how these cases work. It is not legal advice, it does not create an attorney-client relationship, and no two claims are alike. If something here sounds like your situation, the useful next step is a conversation about the facts.
