2016 US Code
Title 20 - Education
Chapter 70 - Strengthening and Improvement of Elementary and Secondary Schools
Subchapter VIII - General Provisions
Part F - Uniform Provisions
Subpart 3 - Teacher Liability Protection
Sec. 7947 - Allocation of responsibility for noneconomic loss
| 20 U.S.C. § 7947 (2016) |
| §7947. Allocation of responsibility for noneconomic loss |
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(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) 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. The court shall render a separate judgment against each defendant in an amount determined pursuant to subparagraph (A). 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. 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. |
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(Pub. L. 89–10, title VIII, §8557, formerly title II, §2367, as added Pub. L. 107–110, title II, §201, Jan. 8, 2002, 115 Stat. 1670; renumbered title IX, §9547, renumbered title VIII, §8557, Pub. L. 114–95, title II, §2001(a)(3)(A), (B), (D), title VIII, §8001(a)(7), Dec. 10, 2015, 129 Stat. 1913, 2088, 2089.) |
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CODIFICATION
Section was classified to section 6737 of this title prior to renumbering by Pub. L. 114–95. |
| United States Code, 2012 Edition, Supplement 4, Title 20 - EDUCATION |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 20 - EDUCATION CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS SUBCHAPTER VIII - GENERAL PROVISIONS Part F - Uniform Provisions subpart 3 - teacher liability protection Sec. 7947 - Allocation of responsibility for noneconomic loss |
| section 7947 |
| 2016 |
| January 6, 2017 |
| No |
| standard |
| 115 Stat. 1670 129 Stat. 1913 |
| Public Law 89-10, Public Law 107-110, Public Law 114-95 |
