School sexual abuse in Michigan: what the law says
Last checked: 15 October 2026
In Michigan, a public school district is a governmental agency, and governmental agencies are generally immune from tort claims when carrying out a governmental function. The Justice for Survivors bill SB 260, and its House version HB 6050, would remove that immunity for criminal sexual conduct by a school employee in some cases. As of 15 October 2026, neither bill has passed the House.
Governmental immunity today
- A "governmental agency" includes a political subdivision, and a school district is a political subdivision (MCL 691.1401).
- A governmental agency is immune from tort liability when it is carrying out a governmental function, except where the law provides otherwise (MCL 691.1407(1)).
- Employees have immunity under separate conditions, and the law of intentional torts as it stood before 7 July 1986 is not changed (MCL 691.1407(2) and (3)).
Teachers must report suspected abuse
School administrators, school counselors and teachers are among the people Michigan law requires to report suspected child abuse (MCL 722.623).How to report.
What SB 260 and HB 6050 would change
The bills would add a new section 7d to the governmental immunity act. Under SB 260 as passed by the Senate:
- A public university or college, or a school district, would not be immune from liability for criminal sexual conduct by an employee or agent during their work, if it was negligent in hiring, supervising or training that person, or knew or should have known of the conduct and did not report it to law enforcement.
- It could be held liable only if it knew or should have known of a prior act of criminal sexual conduct by that person, or their propensity for it, and failed to act to prevent the later abuse.
- "School district" would include intermediate school districts and public school academies.
- The section would apply to claims revived by the 1-year window in SB 257.
- SB 260 only takes effect if SB 257 also becomes law.
Current deadlines.Where the bills stand.
Sources
- MCL 691.1401: legislature.mi.gov
- MCL 691.1407: legislature.mi.gov
- MCL 722.623: legislature.mi.gov
- SB 260 as passed by the Senate: legislature.mi.gov