What Duty Do Schools Have to Protect Children Against Sexual Abuse in Maryland?

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Any institution designed for children may face serious safety threats, including public and private schools. Your child’s schools should keep your child safe and prevent things like sexual abuse. In fact, schools have a legal obligation when it comes to preventing sexual abuse against students.

Schools have a legal duty to keep children safe and prevent and report sexual abuse. Teachers, administrators, and other school employees are mandatory reporters, meaning they are legally obligated to report suspicions of abuse to the authorities. Additionally, Maryland law requires that school employees be trained each year in identifying, preventing, and reporting sexual abuse. If schools do not comply with this law, they may lose state funding. If your child was sexually abused and their school failed to prevent or report it, you may sue the school for damages.

Get a private, free legal evaluation from our Maryland sexual abuse lawyers by calling The Law Office of Andrew Shubin at (814) 826-3586.

Are Maryland Schools Legally Required to Protect Children from Sexual Abuse?

Schools in Maryland have a legal duty to protect children from sexual abuse. If you discover your child was abused at school or by someone employed by or connected with the school, you may have a strong lawsuit on your hands.

Mandatory Reporting Requirements

Teachers and school administrators in Maryland are known as mandatory reporters, meaning they are required by law to report things like sexual abuse to their supervisors and the authorities. This involves notifying the local police and notifying supervisors of the abuse.

If your child was abused and our Maryland sexual abuse lawyers learn that teachers or administrators suspected abuse but failed to report it as mandated by law, the school may be held liable.

Title IX Compliance

Schools are also required to implement measures to prevent and report abuse according to federal law. Under Title IX, sex discrimination, which includes sexual abuse or violence, is illegal in schools, and your child’s school is legally required to prevent and report sexual violence or abuse.

Under this law, if a school is found not to comply with Title IX, it could lose federal funding.

Hiring Practices

Additional laws in Maryland govern how schools must implement hiring practices to prevent unsafe people from becoming staff members. Under the law, when a public or private school hires a new staff member, they are required to take multiple precautions, including checking specifically for histories of sexual abuse or misconduct.

If a school were to fail to conduct this and other legally required checks during the hiring process, and a dangerous person became employed at the school, the school may be held liable for negligent hiring if that employee sexually abuses a student.

What Can I Do if My Child Was Sexually Abused at a Maryland School?

If you believe your child was sexually abused at school, you should contact the police immediately. Once the police are involved, call a lawyer who can help you understand your possible civil claims.

File a Civil Lawsuit

You may sue the person who directly perpetrated sexual abuse against your child, in addition to the school your child attended. The mere fact that the sexual abuse occurred may indicate that the school failed to fulfill its legal obligation to identify, prevent, and report sexual abuse.

You may sue a school for sexual abuse perpetrated by teachers, administrators, other staff members, and even other students. Even if many years have passed and the person who perpetrated the abuse has passed away, it may still be possible to sue the school.

Statute of Limitations

The Maryland Child Victims Act of 2023 changed the way that victims of childhood sexual abuse may file a civil lawsuit. One of the most crucial changes is the elimination of the civil statute of limitations. If someone experiences childhood sexual abuse at school, they may file a civil lawsuit against the abuser and the school at any time after the abuse occurred, even many years later.

Possible Damages

When suing a public school, your damages may be limited or capped because the defendant is a governmental entity. Under the law, the liability of a local government may not exceed $890,000 for a single claim or claims arising from the same occurrence or act.

In cases filed on or after June 1, 2025, that would have been time-barred before the Maryland Child Victims Act of 2023, liability may not exceed $400,000 to a single claimant.

FAQs About The Legal Duty of Schools in Maryland to Protect Children from Sexual Abuse

Do Maryland Schools Have a Duty to Protect Kids from Sexual Abuse?

Yes. Schools in Maryland have a legal duty to protect children from sexual abuse. State and federal laws require schools to identify, prevent, and report sexual abuse or risk losing state or federal funding. School employees are also required to undergo annual training to prevent and identify sexual abuse.

Can I Sue a School if My Child Was Sexually Abused?

Yes. If your child is sexually abused at school, by a school employee, or even by another student, the school may be held responsible in a civil lawsuit. Schools have a legal obligation to report and prevent abuse. If your child experienced sexual abuse, this likely means the school breached its legal duty of care.

Can I Sue if I Was Abused at School Many Years Ago?

Yes. Many people file civil lawsuits on their own behalf rather than on behalf of their children. Adults often come forward with claims of sexual abuse at school that occurred many years ago. In 2023, the Maryland Child Victims Act eliminated the statute of limitations.

Now, claims of sexual abuse against a school may be filed no matter how much time has passed. For claims from before the Act was passed, you should check with an attorney to see if your claim is still time-barred.

How Do I Prove the School Failed to Protect My Child from Sexual Abuse?

We need evidence of the sexual abuse to prove the school failed in its duty to protect your child. Your child’s testimony will likely be paramount to your case, especially if little other evidence of the abuse exists. We should also review school security footage if the abuse is believed to have occurred on campus.

How Does Sexual Abuse Occur in Schools?

Sexual abuse in schools is often inflicted by adults whom victims have come to trust. Teachers, administrators, and even coaches of student sports teams are some common culprits of sexual abuse.

In many cases, young victims do not realize they are victims until they are older. When the abuse occurs, students are often under the impression that the relationship is consensual. Rest assured, a young child cannot consent to a sexual relationship with an adult teacher.