20 U.S.C. § 7945 — Preemption and election of State nonapplicability

(a) Preemption. This subpart overrides ("preempts") any state^* law that conflicts with it. But there is an exception: this subpart does not override a state law that gives teachers extra protection from liability beyond what this subpart provides.

(b) A state can opt out. This subpart will not apply to a lawsuit in state court against a teacher^*, for claims arising in that state, if the state passes its own law — following its normal lawmaking process — that does three specific things: (1) cites this exact subsection as its legal authority; (2) clearly states the state's choice that this subpart will stop applying, starting on a specific date; and (3) contains nothing else. In other words, the opt-out law must be a stand-alone statement, not mixed with other unrelated provisions.