20 U.S.C. § 7943 — Definitions
submitted 24 years ago by Pub. L. 89-10 to r/title-20-EDUCATION · 286 words · no verdicts yet
This section defines key words used in this part of the law. It explains "economic loss," "harm," and "noneconomic loss." It also defines "school," "State," and who counts as a "teacher."
This section defines six terms used throughout this subpart.
(1) Economic loss. Money-related loss caused by harm. This includes lost wages or job benefits, medical bills, the cost of replacing lost services, costs from a death, burial costs, and lost business or job opportunities — but only to the extent the person's state law would let them recover for it.
(2) Harm. This is a broad term. It includes physical harm, nonphysical harm, economic harm, and noneconomic harm.
(3) Noneconomic loss. Non-money loss, such as physical or emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, losing enjoyment of life, losing companionship or society, losing consortium (a spouse's companionship — not counting lost domestic services), hedonic damages (loss of life's pleasures), harm to reputation, or any other non-money loss of any kind.
(4) School. A public or private kindergarten, elementary school, or secondary school, or a home school.
(5) State. Any of the 50 states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other U.S. territory or possession, or any political subdivision (like a county or city) of any of those.
(6) Teacher. This covers several kinds of people: (A) a teacher, instructor, principal, or administrator; (B) any other education professional working in a school; (C) any employee — professional or not — who works in a school and either (i) normally maintains discipline or safety as part of the job, or (ii) is called on to maintain discipline or safety during an emergency; or (D) an individual member of a school board (as opposed to the board as a whole).
For purposes of this subpart:
The term “economic loss” means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law.
The term “harm” includes physical, nonphysical, economic, and noneconomic losses.
The term “noneconomic loss” means loss for physical or emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society or companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, or any other nonpecuniary loss of any kind or nature.
The term “school” means a public or private kindergarten, a public or private elementary school or secondary school, or a home school.
The term “State” means each of the several States of the United States, the District of Columbia, 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 political subdivision of any such State, territory, or possession.
The term “teacher” means—
a teacher, instructor, principal, or administrator;
another educational professional who works in a school;
a professional or nonprofessional employee who—
works in a school; and
in the employee’s job, maintains discipline or ensures safety; or
in an emergency, is called on to maintain discipline or ensure safety; or
an individual member of a school board (as distinct from the board).
Source credit: (Pub. L. 89–10, title VIII, § 8553, formerly title II, § 2363, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1667; renumbered title IX, § 9543, renumbered title VIII, § 8553, 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.)
- 2002Enacted · Pub. L. 89-10 · 115 Stat. 1667
- 2015Amended · Pub. L. 114-95 · 129 Stat. 1913, 2088, 2089
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-10 on 2002-01-08.
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