Page:United States Statutes at Large Volume 115 Part 2.djvu/684

 115 STAT. 1668 PUBLIC LAW 107-110—JAN. 8, 2002 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) TEACHER.— The 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). 20 USC 6734. "SEC. 2364. APPLICABILITY. "This subpart shall only apply to States that receive funds under this Act, and shall apply to such a State as a condition of receiving such funds. 20 USC 6735. "SEC. 2365. PREEMPTION AND ELECTION OF STATE NONAPPLICA- BILITY. "(a) PREEMPTION.— T h is 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 NONAPPLICABILITY. — T his 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. 20 USC 6736. "SEC. 2366. LIMITATION ON LIABILITY FOR TEACHERS. "(a) LIABILITY PROTECTION FOR TEACHERS. — Except as provided in subsection (b), no teacher in a school shall be liable for harm caused by an act or omission of the teacher on behalf of the 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 teacher were carried out in conformity with Federal, State, and local laws (including rules and regulations) in furtherance of efforts to control, discipline,

�