20 U.S.C. § 7943

Definitions

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For purposes of this subpart:(1) Economic loss

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.

(2) Harm

The term “harm” includes physical, nonphysical, economic, and noneconomic losses.

(3) Noneconomic loss

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.

(4) School

The term “school” means a public or private kindergarten, a public or private elementary school or secondary school, or a home school.

(5) State

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.

(6) TeacherThe term “teacher” means—(A) a teacher, instructor, principal, or administrator;(B) another educational professional who works in a school;(C) a professional or nonprofessional employee who—(i) works in a school; and(ii)(I) in the employee’s job, maintains discipline or ensures safety; or(II) in an emergency, is called on to maintain discipline or ensure safety; or(D) an individual member of a school board (as distinct from the board).(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.)Editorial NotesCodification

Section was classified to section 6733 of this title prior to renumbering by Pub. L. 114–95.

Notes of Decisions

Cited in 6 cases (4 in the last 5 years), 2018–2025 · leading case: Steffan v. Smyzer, 540 S.W.3d 387 (Ky. Ct. App. 2018).

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Steffan v. Smyzer, 540 S.W.3d 387 (Ky. Ct. App. 2018). · cites it 2× “20 U.S.C.A. § 7943 (4), § 7944. Relevant to this appeal, 20 U.”

Gambrill v. Bd. of Educ., Dorchester Cnty., 481 Md. 274 (Md. 2022). “20 U.S.C. § 7943 (6). The Act’s plain wording limits its applicability to individual teachers, principals, and other school professionals, and does not extend to school boards or districts.”

Baker v. Avenue5 Residential (W.D. Wash. 2025). · cites it 2× “Loss of Enjoyment of Life 8 Baker relies on 20 U.S.C. § 7943 to bring a “loss of enjoyment of life” claim.”

Gambrill v. Bd. of Educ., Dorchester Cnty. (Md. 2022). “20 U.S.C. § 7943 (6). The Act’s plain wording limits its applicability to individual teachers, principals, and other school professionals, and does not extend to school boards or districts.”

L. G. v. Columbia Pub. Schs. (W.D. Mo. 2020). “19; see 20 U.S.C. § 7943 (6) (defining “teacher” as including “principal” and “administrator” as well as “a professional or nonprofessional employee who - (i) works in a school; and .”

Camelo v. Bristol-Warren Reg'l Sch. Dist. (D.R.I. 2021). “See 20 U.S.C. § 7943 (6)(a); 20 U.S.C. § 7946 .”

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