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Title 20 — EducationRelease 119-73

§7947 Allocation of responsibility for noneconomic loss

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 › § 7947

Last updated Apr 6, 2026|Official source

Summary

When a teacher is sued for something they did while working, the teacher must only pay the part of the non-money damages (like pain and suffering) that matches how much of the harm they caused. The court will enter a separate judgment for each teacher for the share they must pay. A judge or jury will decide what percent of the harm each person caused, even for people not in the lawsuit. State or federal laws that give extra limits on joint liability still apply.

Full Legal Text

Title 20, §7947

Education — Source: USLM XML via OLRC

(a)In any civil action against a teacher, based on an act or omission of a teacher acting within the scope of the teacher’s employment or responsibilities to a school or governmental entity, the liability of the teacher for noneconomic loss shall be determined in accordance with subsection (b).
(b)(1)(A)Each defendant who is a teacher shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of responsibility of that defendant (determined in accordance with paragraph (2)) for the harm to the claimant with respect to which that defendant is liable.
(B)The court shall render a separate judgment against each defendant in an amount determined pursuant to subparagraph (A).
(2)For purposes of determining the amount of noneconomic loss allocated to a defendant who is a teacher under this section, the trier of fact shall determine the percentage of responsibility of each person responsible for the claimant’s harm, whether or not such person is a party to the action.
(c)Nothing in this section shall be construed to preempt or supersede any Federal or State law that further limits the application of joint liability in a civil action described in subsection (a), beyond the limitations established in this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was classified to section 6737 of this title prior to renumbering by Pub. L. 114–95.

Reference

Citations & Metadata

Citation

20 U.S.C. § 7947

Title 20 — Education

Last Updated

Apr 6, 2026

Release point: 119-73