Title 20 — EducationRelease 119-73not60
§7945 Preemption and Election of State Nonapplicability
Title 20 › Chapter 70— STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS › Subchapter VIII— GENERAL PROVISIONS › Part F— Uniform Provisions › Subpart 3— teacher liability protection › § 7945
Summary
Federal rules override any State law that conflicts with them, except when a State law gives teachers extra protection from being sued. A State can choose to make the federal rules not apply to lawsuits against teachers in its state courts. To do that, the State must pass a single law saying it is using this option, giving a clear start date, and adding 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 20 — Education
Last Updated
Apr 5, 2026
Release point: 119-73not60