2012 US Code
Title 20 - Education
Chapter 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS (§§ 6301 - 8962)
Subchapter II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY TEACHERS AND PRINCIPALS (§§ 6601 - 6777)
Part C - Innovation for Teacher Quality (§§ 6671 - 6738)
Subpart 5 - teacher liability protection (§§ 6731 - 6738)
Section 6737 - Allocation of responsibility for noneconomic loss
Publication Title | United States Code, 2012 Edition, Title 20 - EDUCATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 20 - EDUCATION CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS SUBCHAPTER II - PREPARING, TRAINING, AND RECRUITING HIGH QUALITY TEACHERS AND PRINCIPALS Part C - Innovation for Teacher Quality subpart 5 - teacher liability protection Sec. 6737 - Allocation of responsibility for noneconomic loss |
Contains | section 6737 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 89-10, title II, §2367, as added Pub. L. 107-110, title II, §201, Jan. 8, 2002, 115 Stat. 1670. |
Statutes at Large Reference | 115 Stat. 1670 |
Public Law References | Public Law 89-10, Public Law 107-110 |
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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) of this section.
(b) Amount of liability (1) In general (A) LiabilityEach 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 judgmentThe court shall render a separate judgment against each defendant in an amount determined pursuant to subparagraph (A).
(2) Percentage of responsibilityFor 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 constructionNothing 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) of this section, beyond the limitations established in this section.
(Pub. L. 89–10, title II, §2367, as added Pub. L. 107–110, title II, §201, Jan. 8, 2002, 115 Stat. 1670.)
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