Page:United States Statutes at Large Volume 115 Part 2.djvu/685

 PUBLIC LAW 107-110-^AN. 8, 2002 115 STAT. 1669 expel, or suspend a student or maintain order or control in the classroom or school; "(3) if appropriate or required, the teacher was properly licensed, certified, or authorized by the appropriate authorities for the activities or practice involved in the State in which the harm occurred, where the activities were or practice was undertaken within the scope of the teacher's responsibilities; "(4) the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed by the teacher; and "(5) the harm was not caused by the teacher operating a motor vehicle, vessel, aircraft, or other vehicle for which the State requires the operator or the owner of the vehicle, craft, or vessel to— "(A) possess an operator's license; or "(B) maintain insurance. " (b) EXCEPTIONS TO TEACHER LIABILITY PROTECTION.—I f the laws of a State limit teacher liability subject to one or more of the following conditions, such conditions shall not be construed as inconsistent with this section: "(1) A State law that requires a school or governmental entity to adhere to risk management procedures, including mandatory training of teachers. "(2) A State law that makes the school or governmental entity liable for the acts or omissions of its teachers to the same extent as an employer is liable for the acts or omissions of its employees. ate law that makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government pursuant to State or local law. "(c) LIMITATION ON PUNITIVE DAMAGES BASED ON THE ACTIONS OF TEACHERS. — " (1) GENERAL RULE.— Punitive damages may not be awarded against a teacher in an action brought for harm based on the act or omission of a teacher acting within the scope of the teacher's employment or responsibilities to a school or governmental entityunless the claimant establishes by clear and convincing evidence that the harm was proximately caused by an act or omission of such teacher that constitutes willful or criminal misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed. "(2) CONSTRUCTION. —Paragraph (1) does not create a cause of action for punitive damages and does not preempt or supersede any Federal or State law to the extent that such law would further limit the award of punitive damages. " (d) EXCEPTIONS TO LIMITATIONS ON LIABILITY. — "(1) IN GENERAL. —The limitations on the liability of a teacher under this subpart shall not apply to any misconduct that— "(A) constitutes a crime of violence (as that term is defined in section 16 of title 18, United States Code) or act of international terrorism (as that term is defined in section 2331 of title 18, United States Code) for which the defendant has been convicted in any court;

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