Page:United States Statutes at Large Volume 115 Part 2.djvu/686

 115 STAT. 1670 PUBLIC LAW 107-110-JAN. 8, 2002 "(B) involves a sexual offense, as defined by applicable State law, for which the defendant has been convicted in any court; "(C) involves misconduct for which the defendant has been found to have violated a Federal or State civil rights law; or "(D) where the defendant was under the influence (as determined pursuant to applicable State law) of intoxicating alcohol or any drug at the time of the misconduct. "(2) HIRING.—The limitations on the liability of a teacher under this subpart shall not apply to misconduct during background investigations, or during other actions, involved in the hiring of a teacher. " (e) RULES OF CONSTRUCTION.— " (1) CONCERNING RESPONSIBILITY OF TEACHERS TO SCHOOLS AND GOVERNMENTAL ENTITIES.— Nothing in this section shall be construed to affect any civil action brought by any school or any governmental entity against any teacher of such school. "(2) CONCERNING CORPORAL PUNISHMENT.— Nothing in this subpart shall be construed to affect any State or local law (including a rule or regulation) or policy pertaining to the use of corporal punishment. 20 USC 6737. "SEC. 2367. ALLOCATION OF RESPONSIBILITY FOR NONECONOMIC LOSS. "(a) GENERAL RULE.— 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) AMOUNT OF LIABILITY.— " (1) IN GENERAL.— "(A) LIABILITY.—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) SEPARATE JUDGMENT.— The court shall render a separate judgment against each defendant in an amount determined pursuant to subparagraph (A). " (2) PERCENTAGE OF RESPONSIBILITY. — 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) RULE OF CONSTRUCTION.— 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. 20 USC 6738. "SEC. 2368. EFFECTIVE DATE. "(a) IN GENERAL.— T his subpart shall take effect 90 days after the date of enactment of the No Child Left Behind Act of 2001. "(b) APPLICATION.—T his subpart applies to any claim for harm caused by an act or omission of a teacher if that claim is filed

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