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20 U.S.C. § 7946 — Limitation on liability for teachers

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7946 — Limitation on liability for teachers

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Source file: Laws/federal/codes/united-states-code/title-20/section-7946-limitation-on-liability-for-teachers--12a1be0843.md
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Source location: Title 20, Chapter 70, § 7946; chapter-070-strengthening-and-improvement-of-elementary-and-secondary-schools.md

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**(a) Liability protection for teachers** Except as provided in subsection (b), no teacher in a school shall be liable for harm caused by an act or omission of the teacher on behalf of the school if— (1) the teacher was acting within the scope of the teacher’s employment or responsibilities to a school or governmental entity; (2) the actions of the teacher were carried out in conformity with Federal, State, and local laws (including rules and regulations) in furtherance of efforts to control, discipline, expel, or suspend a student or maintain order or control in the classroom or school; (3) if appropriate or required, the teacher was properly licensed, certified, or authorized by the appropriate authorities for the activities or practice involved in the State in which the harm occurred, where the activities were or practice was undertaken within the scope of the teacher’s responsibilities; (4) the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed by the teacher; and (5) the harm was not caused by the teacher operating a motor vehicle, vessel, aircraft, or other vehicle for which the State requires the operator or the owner of the vehicle, craft, or vessel to— (A) possess an operator’s license; or (B) maintain insurance. **(b) Exceptions to teacher liability protection** If the laws of a State limit teacher liability subject to one or more of the following conditions, such conditions shall not be construed as inconsistent with this section: (1) A State law that requires a school or governmental entity to adhere to risk management procedures, including mandatory training of teachers. (2) A State law that makes the school or governmental entity liable for the acts or omissions of its teachers to the same extent as an employer is liable for the acts or omissions of its employees. (3) A State law that makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government pursuant to State or local law. **(c) Limitation on punitive damages based on the actions of teachers** (1) **General rule** — Punitive damages may not be awarded against a teacher in an action brought for harm based on the act or omission of a teacher acting within the scope of the teacher’s employment or responsibilities to a school or governmental entity unless the claimant establishes by clear and convincing evidence that the harm was proximately caused by an act or omission of such teacher that constitutes willful or criminal misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed. (2) **Construction** — Paragraph (1) does not create a cause of action for punitive damages and does not preempt or supersede any Federal or State law to the extent that such law would further limit the award of punitive damages. **(d) Exceptions to limitations on liability** (1) **In general** — The limitations on the liability of a teacher under this subpart shall not apply to any misconduct that— (A) constitutes a crime of violence (as that term is defined in [section 16 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section16&num=0&edition=prelim)) or act of international terrorism (as that term is defined in [section 2331 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2331&num=0&edition=prelim)) for which the defendant has been convicted in any court; (B) involves a sexual offense, as defined by applicable State law, for which the defendant has been convicted in any court; (C) involves misconduct for which the defendant has been found to have violated a Federal or State civil rights law; or (D) where the defendant was under the influence (as determined pursuant to applicable State law) of intoxicating alcohol or any drug at the time of the misconduct. (2) **Hiring** — The limitations on the liability of a teacher under this subpart shall not apply to misconduct during background investigations, or during other actions, involved in the hiring of a teacher. **(e) Rules of construction** (1) **Concerning responsibility of teachers to schools and governmental entities** — Nothing in this section shall be construed to affect any civil action brought by any school or any governmental entity against any teacher of such school. (2) **Concerning corporal punishment** — Nothing in this subpart shall be construed to affect any State or local law (including a rule or regulation) or policy pertaining to the use of corporal punishment.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 6301 — Agreements and records

**(a) Agreements** In any case in which a negotiated rulemaking process is established under [section 6571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571/b&num=0&edition=prelim), all published proposed regulations shall conform to agreements that result from the rulemaking described in [section 6571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571&num=0&edition=prelim) unless the Secretary reopens the negotiated rulemaking process. **(b) Records** The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 16 — Crime of violence defined

The term “crime of violence” means— **(a)** an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or **(b)** any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 2331 — Definitions

As used in this chapter— (1) the term “international terrorism” means activities that— (A) involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State; (B) appear to be intended— (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and (C) occur primarily outside the territorial jurisdiction of the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asylum; (2) the term “national of the United States” has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act; (3) the term “person” means any individual or entity capable of holding a legal or beneficial interest in property; (4) the term “act of war” means any act occurring in the course of— (A) declared war; (B) armed conflict, whether or not war has been declared, between two or more nations; or (C) armed conflict between military forces of any origin; (5) the term “domestic terrorism” means activities that— (A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State; (B) appear to be intended— (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a gover

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 6603 — Rules of construction

**(a) Prohibition against Federal mandates, direction, or control** Nothing in this subchapter shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s— (1) instructional content or materials, curriculum, program of instruction, academic standards, or academic assessments; (2) teacher, principal, or other school leader evaluation system; (3) specific definition of teacher, principal, or other school leader effectiveness; or (4) teacher, principal, or other school leader professional standards, certification, or licensing. **(b) School or district employees** Nothing in this subchapter shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7946 — Limitation on liability for teachers

Page 1654 TITLE 20—EDUCATION § 7943 Editorial Notes CODIFICATION Section was classified to section 6732 of this title prior to renumbering by Pub. L. 114–95. § 7943. Definitions For purposes of this subpart: (1) Economic loss The term ‘‘economic loss’’ means any pecu- niary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replace- ment services loss, loss due to death, burial costs, and loss of business or employment op- portunities) to the extent recovery for such loss is allowed under applicable State law. (2) Harm The term ‘‘harm’’ includes physical, non- physical, economic, and noneconomic losses. (3) Noneconomic loss The term ‘‘noneconomic loss’’ means loss for physical or emotional pain, suffering, incon- venience, physical impairment, mental an- guish, disfigurement, loss of enjoyment of life, loss of society or companionship, loss of con- sortium (other than loss of domestic service), hedonic damages, injury to reputation, or any other nonpecuniary loss of any kind or nature. (4) School The term ‘‘school’’ means a public or private kindergarten, a public or private elementary school or secondary school, or a home school. (5) State The term ‘‘State’’ means each of the several States of the United States, the District of Co- lumbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any other territory or possession of the United States, or any po- litical subdivision of any such State, terri- tory, or possession. (6) Teacher The term ‘‘teacher’’ means— (A) a teacher, instructor, principal, or ad- ministrator; (B) another educational professional who works in a school; (C)

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