20 U.S.C. § 7946 — Limitation on liability for teachers
submitted 24 years ago by Pub. L. 89-10 to r/title-20-EDUCATION · 729 words · no verdicts yet
Teachers usually cannot be sued for harm caused while doing their job, if they followed the law and were not reckless. States can still require training or make schools share liability without breaking this protection. Punitive damages against a teacher require clear proof of willful or reckless misconduct. Serious misconduct, like violent crimes, sex offenses, civil rights violations, or intoxication, removes this protection completely.
(a) Basic liability protection. Except as subsection (b) allows, a teacher* cannot be held liable for harm* caused by something they did or failed to do on behalf of the school*, if all five conditions are met: (1) the teacher was acting within the scope of their job or responsibilities to the school or a government entity; (2) their actions followed federal, state*, and local law while trying to control, discipline, expel, or suspend a student, or to keep order in the classroom or school; (3) if a license, certification, or authorization was required for what they were doing, the teacher had it, for the state where the harm happened; (4) the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious and flagrant disregard for someone's rights or safety; and (5) the harm did not come from the teacher driving a motor vehicle, boat, or aircraft of a kind that the state requires the driver or owner to have a license or insurance for.
(b) What states can still require. Even if a state law limits teacher liability under one of the following conditions, that state law still counts as consistent with this section, not a conflict: (1) a state law requiring schools to follow risk management steps, including mandatory teacher training; (2) a state law making the school or government entity liable for its teachers' actions the same way any employer is liable for its employees; or (3) a state law that removes this limit on liability when the lawsuit was brought by a government officer under state or local law.
(c) Punitive damages. (1) A court cannot award punitive damages against a teacher for harm caused while doing their job, unless the person suing proves — with clear and convincing evidence — that the harm was really caused by the teacher's willful or criminal misconduct, or by a conscious and flagrant disregard for someone's rights or safety. (2) This rule does not create a new right to sue for punitive damages, and it does not cancel out any other federal or state law that limits punitive damages even further.
(d) When the protection does not apply at all. (1) None of the liability limits in this subpart apply to misconduct that: (A) is a "crime of violence" (as defined in 18 U.S.C. 16) or an act of international terrorism (as defined in 18 U.S.C. 2331), if the teacher was convicted of it in any court; (B) is a sexual offense under state law, if the teacher was convicted of it in any court; (C) was found to violate a federal or state civil rights law; or (D) happened while the teacher was under the influence of alcohol or drugs, as determined under state law. (2) The protection also does not apply to misconduct that happens during background checks or other steps taken while hiring a teacher.
(e) What this section does not change. (1) This section does not affect a school's or government entity's own right to sue one of its teachers. (2) This subpart does not affect any state or local law or policy about corporal punishment, one way or the other.
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—
the teacher was acting within the scope of the teacher’s employment or responsibilities to a school or governmental entity;
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;
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;
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
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—
possess an operator’s license; or
maintain insurance.
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:
A State law that requires a school or governmental entity to adhere to risk management procedures, including mandatory training of teachers.
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.
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.
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.
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.
The limitations on the liability of a teacher under this subpart shall not apply to any misconduct that—
constitutes a crime of violence (as that term is defined in section 16 of title 18) or act of international terrorism (as that term is defined in section 2331 of title 18) for which the defendant has been convicted in any court;
involves a sexual offense, as defined by applicable State law, for which the defendant has been convicted in any court;
involves misconduct for which the defendant has been found to have violated a Federal or State civil rights law; or
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.
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.
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.
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.
Source credit: (Pub. L. 89–10, title VIII, § 8556, formerly title II, § 2366, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1668; renumbered title IX, § 9546, renumbered title VIII, § 8556, and amended Pub. L. 114–95, title II, § 2001(a)(1), (3)(A), (B), (D), title VIII, § 8001(a)(7), Dec. 10, 2015, 129 Stat. 1913, 2088, 2089.)
- 2002Enacted · Pub. L. 89-10 · 115 Stat. 1668
- 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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