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20 U.S.C. § 7947 — Allocation of responsibility for noneconomic loss
Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** In any civil action against a teacher, based on an act or omission of a teacher acting within the scope of the teacher’s employment or responsibilities to a school or governmental entity, the liability of the teacher for noneconomic loss shall be determined in accordance with subsection (b).
**(b) Amount of liability**
(1) **In general**
(A) *Liability* — Each defendant who is a teacher shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of responsibility of that defendant (determined in accordance with paragraph (2)) for the harm to the claimant with respect to which that defendant is liable.
(B) *Separate judgment* — The court shall render a separate judgment against each defendant in an amount determined pursuant to subparagraph (A).
(2) **Percentage of responsibility** — For purposes of determining the amount of noneconomic loss allocated to a defendant who is a teacher under this section, the trier of fact shall determine the percentage of responsibility of each person responsible for the claimant’s harm, whether or not such person is a party to the action.
**(c) Rule of construction** Nothing in this section shall be construed to preempt or supersede any Federal or State law that further limits the application of joint liability in a civil action described in subsection (a), beyond the limitations established in this section.
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Stable record: federal_law:legal_authorities:record_usc_7ae78e6d19ab03d3e9e25098
Source file: Laws/federal/codes/united-states-code/title-20/section-7947-allocation-of-responsibility-for-noneconomic-loss--6f450b6382.md
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Source location: Title 20, Chapter 70, § 7947; chapter-070-strengthening-and-improvement-of-elementary-and-secondary-schools.md
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**(a) General rule** In any civil action against a teacher, based on an act or omission of a teacher acting within the scope of the teacher’s employment or responsibilities to a school or governmental entity, the liability of the teacher for noneconomic loss shall be determined in accordance with subsection (b).
**(b) Amount of liability**
(1) **In general**
(A) *Liability* — Each defendant who is a teacher shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of responsibility of that defendant (determined in accordance with paragraph (2)) for the harm to the claimant with respect to which that defendant is liable.
(B) *Separate judgment* — The court shall render a separate judgment against each defendant in an amount determined pursuant to subparagraph (A).
(2) **Percentage of responsibility** — For purposes of determining the amount of noneconomic loss allocated to a defendant who is a teacher under this section, the trier of fact shall determine the percentage of responsibility of each person responsible for the claimant’s harm, whether or not such person is a party to the action.
**(c) Rule of construction** Nothing in this section shall be construed to preempt or supersede any Federal or State law that further limits the application of joint liability in a civil action described in subsection (a), beyond the limitations established in this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6603
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Federal law — U.S. Code and appendices · legal_authorities
Page 1655
TITLE 20—EDUCATION
§ 7947
by the appropriate authorities for the activi-
ties 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, reck-
less misconduct, or a conscious, flagrant indif-
ference to the rights or safety of the indi-
vidual 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 condi-
tions, such conditions shall not be construed as
inconsistent with this section:
(1) A State law that requires a school or gov-
ernmental entity to adhere to risk manage-
ment procedures, including mandatory train-
ing 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 li-
ability inapplicable if the civil action was
brought by an officer of a State or local gov-
ernment 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 em-
ployment or responsibilities to a s
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 7947
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