U.S. Code » Title 20 » Chapter CHAPTER 70— STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS › Subchapter SUBCHAPTER VIII— GENERAL PROVISIONS › Part Part F— Uniform Provisions › Subpart subpart 3— teacher liability protection

20 U.S.C. § 7945

Preemption and election of State nonapplicability

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(a) Preemption

This subpart preempts the laws of any State to the extent that such laws are inconsistent with this subpart, except that this subpart shall not preempt any State law that provides additional protection from liability relating to teachers.

(b) Election of State regarding nonapplicabilityThis subpart shall not apply to any civil action in a State court against a teacher with respect to claims arising within that State if such State enacts a statute in accordance with State requirements for enacting legislation—(1) citing the authority of this subsection;(2) declaring the election of such State that this subpart shall not apply, as of a date certain, to such civil action in the State; and(3) containing no other provisions.(Pub. L. 89–10, title VIII, § 8555, formerly title II, § 2365, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1668; renumbered title IX, § 9545, renumbered title VIII, § 8555, 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 6735 of this title prior to renumbering by Pub. L. 114–95.

Notes of Decisions
Cited in 6 cases (5 in the last 5 years), 2018–2023 · leading case: Gambrill v. Bd. of Educ., Dorchester Cnty., 481 Md. 274 (Md. 2022).
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Gambrill v. Bd. of Educ., Dorchester Cnty., 481 Md. 274 (Md. 2022). · cites it 3× “at 354 (quoting 20 U.S.C. § 7945 (a)). The intermediate appellate court determined that the protections of the Coverdell Act are triggered once a state accepts federal funding pursuant to the Elementary and Secondary Education Act (“ESEA”).”
Steffan v. Smyzer, 540 S.W.3d 387 (Ky. Ct. App. 2018). · cites it 2× “" 20 U.S.C.A. § 7945 (a). However, a state may elect not to be governed by the Teacher Protection Act's provisions through enacting legislation.”
Gambrill v. Bd. of Educ., Dorchester Cnty. (Md. Ct. Spec. App. 2021). · cites it 6× “” 20 U.S.C. § 7945 (a). Maryland law provides teachers only with a right to indemnification, which is a lesser protection than immunity.”
Gambrill v. Bd. of Educ., Dorchester Cnty. (Md. 2022). · cites it 3× “at 354 (quoting 20 U.S.C. § 7945 (a)). The intermediate appellate court determined that the protections of the Coverdell Act are triggered once a state accepts federal funding pursuant to the Elementary and Secondary Education Act (“ESEA”).”
Brenda Cook Individually v. Lawanda Irvin (Ky. Ct. App. 2021). “” 20 U.S.C.A. § 7945 (a). The TPA does not provide teachers immunity from suit like qualified official immunity.”
King v. U.S.D. 501 (Kan. Ct. App. 2023). “20 U.S.C. § 7945 (a). In substantive part, the Coverdell Act limits liability "for harm caused" by teachers in school if: "(1) the teacher was acting within the scope of the teacher's employment or responsibilities to a school or governmental entity; "(2) the actions of the…”
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