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20 U.S.C. § 7948 — Effective date
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** This subpart shall take effect 90 days after January 8, 2002.
**(b) Application** This subpart applies to any claim for harm caused by an act or omission of a teacher if that claim is filed on or after the effective date of the No Child Left Behind Act of 2001 without regard to whether the harm that is the subject of the claim or the conduct that caused the harm occurred before such effective date.
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Source location: Title 20, Chapter 70, § 7948; chapter-070-strengthening-and-improvement-of-elementary-and-secondary-schools.md
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**(a) In general** This subpart shall take effect 90 days after January 8, 2002.
**(b) Application** This subpart applies to any claim for harm caused by an act or omission of a teacher if that claim is filed on or after the effective date of the No Child Left Behind Act of 2001 without regard to whether the harm that is the subject of the claim or the conduct that caused the harm occurred before such effective date.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(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
Page 1656
TITLE 20—EDUCATION
§ 7948
(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 responsi-
bility of that defendant (determined in ac-
cordance with paragraph (2)) for the harm to
the claimant with respect to which that de-
fendant is liable.
(B) Separate judgment
The court shall render a separate judg-
ment 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 respon-
sibility 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 li-
ability in a civil action described in subsection
(a), beyond the limitations established in this
section.
(Pub. L. 89–10, title VIII, § 8557, formerly title II,
§ 2367, as added Pub. L. 107–110, title II, § 201, Jan.
8, 2002, 115 Stat. 1670; renumbered title IX, § 9547,
renumbered title VIII, § 8557, Pub. L. 114–95, title
II, § 2001(a)(3)(A), (B), (D), title VIII, § 8001(a)(7),
Dec. 10, 2015, 129 Stat. 1913, 2088, 2089.)
Editorial Notes
CODIFICATION
Section was classified to section 6737 of this title
prior to renumbering by Pub. L. 114–95.
§ 7948. Effective date
(a) In general
This subpart shall take effect 90 days after
January 8, 2002.
(b) Application
This subpart applies to any claim for harm
caused
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 7948
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