Title 20EducationRelease 119-73

§7945 Preemption and election of State nonapplicability

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 › § 7945

Last updated Apr 6, 2026|Official source

Summary

Federal rules override any state law that conflicts with them, except when a state law gives teachers extra protection from being sued. Those state laws stay in effect. A state can make the federal rules not apply to lawsuits against teachers in its own courts for claims that happened in that state. To do that, the state must pass a law that names this subsection as its authority, says the state is choosing that rule as of a specific date, and contains nothing else.

Full Legal Text

Title 20, §7945

Education — Source: USLM XML via OLRC

(a)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)This 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was classified to section 6735 of this title prior to renumbering by Pub. L. 114–95.

Reference

Citations & Metadata

Citation

20 U.S.C. § 7945

Title 20Education

Last Updated

Apr 6, 2026

Release point: 119-73