Part C—Innovation for Teacher Quality
subpart 1—transitions to teaching
Division A—Troops-to-Teachers Program
§§6671 to 6677. Repealed. Pub. L. 112–239, div. A, title V, §541(d)(1), Jan. 2, 2013, 126 Stat. 1735
Section 6671,
A prior section 6671,
Section 6672,
A prior section 6672,
Section 6673,
A prior section 6673,
Section 6674,
A prior section 6674,
Section 6675,
A prior section 6675,
Section 6676,
A prior section 6676,
Section 6677,
Transfer of Functions
Responsibility and authority for operation and administration of the Troops-to-Teachers Program in this division transferred to Secretary of Defense, see section 541(a) of
Existing Agreements
"(A) the validity or terms of any agreement entered into under such chapter, as in effect immediately before such repeal, before the effective date of the transfer of the Troops-to-Teachers Program under subsection (a) [set out as a note under
"(B) the authority to pay assistance, make grants, or obtain reimbursement in connection with such an agreement as in effect before the effective date of the transfer of the Troops-to-Teachers Program under subsection (a)."
Division B—Transition to Teaching Program
§6681. Purposes
The purposes of this division are—
(1) to establish a program to recruit and retain highly qualified mid-career professionals (including highly qualified paraprofessionals), and recent graduates of an institution of higher education, as teachers in high-need schools, including recruiting teachers through alternative routes to certification; and
(2) to encourage the development and expansion of alternative routes to certification under State-approved programs that enable individuals to be eligible for teacher certification within a reduced period of time, relying on the experience, expertise, and academic qualifications of an individual, or other factors in lieu of traditional course work in the field of education.
(
§6682. Definitions
In this division:
(1) Eligible participant
The term "eligible participant" means—
(A) an individual with substantial, demonstrable career experience, including a highly qualified paraprofessional; or
(B) an individual who is a graduate of an institution of higher education who—
(i) has graduated not more than 3 years before applying to an eligible entity to teach under this division; and
(ii) in the case of an individual wishing to teach in a secondary school, has completed an academic major (or courses totaling an equivalent number of credit hours) in the academic subject that the individual will teach.
(2) High-need local educational agency
The term "high-need local educational agency" has the meaning given the term in
(3) High-need school
The term "high-need school" means a school that—
(A) is located in an area in which the percentage of students from families with incomes below the poverty line is 30 percent or more; or
(B)(i) is located in an area with a high percentage of out-of-field teachers, as defined in
(ii) is within the top quartile of elementary schools and secondary schools statewide, as ranked by the number of unfilled, available teacher positions at the schools;
(iii) is located in an area in which there is a high teacher turnover rate; or
(iv) is located in an area in which there is a high percentage of teachers who are not certified or licensed.
(
§6683. Grant program
(a) In general
The Secretary may establish a program to make grants on a competitive basis to eligible entities to develop State and local teacher corps or other programs to establish, expand, or enhance teacher recruitment and retention efforts.
(b) Eligible entity
To be eligible to receive a grant under this section, an entity shall be—
(1) a State educational agency;
(2) a high-need local educational agency;
(3) a for-profit or nonprofit organization that has a proven record of effectively recruiting and retaining highly qualified teachers, in a partnership with a high-need local educational agency or with a State educational agency;
(4) an institution of higher education, in a partnership with a high-need local educational agency or with a State educational agency;
(5) a regional consortium of State educational agencies; or
(6) a consortium of high-need local educational agencies.
(c) Priority
In making such a grant, the Secretary shall give priority to a partnership or consortium that includes a high-need State educational agency or local educational agency.
(d) Application
(1) In general
To be eligible to receive a grant under this section, an entity described in subsection (b) of this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
(2) Contents
The application shall describe—
(A) one or more target recruitment groups on which the applicant will focus its recruitment efforts;
(B) the characteristics of each such target group that—
(i) show the knowledge and experience of the group's members; and
(ii) demonstrate that the members are eligible to achieve the objectives of this section;
(C) describe how the applicant will use funds received under this section to develop a teacher corps or other program to recruit and retain highly qualified midcareer professionals (which may include highly qualified paraprofessionals), recent college graduates, and recent graduate school graduates, as highly qualified teachers in high-need schools operated by high-need local educational agencies;
(D) explain how the program carried out under the grant will meet the relevant State laws (including regulations) related to teacher certification or licensing and facilitate the certification or licensing of such teachers;
(E) describe how the grant will increase the number of highly qualified teachers, in high-need schools operated by high-need local educational agencies (in urban or rural school districts), and in high-need academic subjects, in the jurisdiction served by the applicant; and
(F) describe how the applicant will collaborate, as needed, with other institutions, agencies, or organizations to recruit (particularly through activities that have proven effective in retaining highly qualified teachers), train, place, support, and provide teacher induction programs to program participants under this division, including providing evidence of the commitment of the institutions, agencies, or organizations to the applicant's programs.
(e) Duration of grants
The Secretary may make grants under this section for periods of 5 years. At the end of the 5-year period for such a grant, the grant recipient may apply for an additional grant under this section.
(f) Equitable distribution
To the extent practicable, the Secretary shall ensure an equitable geographic distribution of grants under this section among the regions of the United States.
(g) Uses of funds
(1) In general
An entity that receives a grant under this section shall use the funds made available through the grant to develop a teacher corps or other program in order to establish, expand, or enhance a teacher recruitment and retention program for highly qualified mid-career professionals (including highly qualified paraprofessionals), and recent graduates of an institution of higher education, who are eligible participants, including activities that provide alternative routes to teacher certification.
(2) Authorized activities
The entity shall use the funds to carry out a program that includes two or more of the following activities:
(A) Providing scholarships, stipends, bonuses, and other financial incentives, that are linked to participation in activities that have proven effective in retaining teachers in high-need schools operated by high-need local educational agencies, to all eligible participants, in an amount not to exceed $5,000 per participant.
(B) Carrying out pre- and post-placement induction or support activities that have proven effective in recruiting and retaining teachers, such as—
(i) teacher mentoring;
(ii) providing internships;
(iii) providing high-quality, preservice coursework; and
(iv) providing high-quality, sustained inservice professional development.
(C) Carrying out placement and ongoing activities to ensure that teachers are placed in fields in which the teachers are highly qualified to teach and are placed in high-need schools.
(D) Making payments to pay for costs associated with accepting teachers recruited under this section from among eligible participants or provide financial incentives to prospective teachers who are eligible participants.
(E) Collaborating with institutions of higher education in developing and implementing programs to facilitate teacher recruitment (including teacher credentialing) and teacher retention programs.
(F) Carrying out other programs, projects, and activities that are designed and have proven to be effective in recruiting and retaining teachers, and that the Secretary determines to be appropriate.
(G) Developing long-term recruitment and retention strategies including developing—
(i) a statewide or regionwide clearinghouse for the recruitment and placement of teachers;
(ii) administrative structures to develop and implement programs to provide alternative routes to certification;
(iii) reciprocity agreements between or among States for the certification or licensing of teachers; or
(iv) other long-term teacher recruitment and retention strategies.
(3) Effective programs
The entity shall use the funds only for programs that have proven to be effective in both recruiting and retaining teachers.
(h) Requirements
(1) Targeting
An entity that receives a grant under this section to carry out a program shall ensure that participants in the program recruited with funds made available under this section are placed in high-need schools operated by high-need local educational agencies. In placing the participants in the schools, the entity shall give priority to the schools that are located in areas with the highest percentages of students from families with incomes below the poverty line.
(2) Supplement, not supplant
Funds made available under this section shall be used to supplement, and not supplant, State and local public funds expended for teacher recruitment and retention programs, including programs to recruit the teachers through alternative routes to certification.
(3) Partnerships and consortia of local educational agencies
In the case of a partnership established by a local educational agency to carry out a program under this division, or a consortium of such agencies established to carry out a program under this division, the local educational agency or consortium shall not be eligible to receive funds through a State program under this division.
(i) Period of service
A program participant in a program under this division who receives training through the program shall serve a high-need school operated by a high-need local educational agency for at least 3 years.
(j) Repayment
The Secretary shall establish such requirements as the Secretary determines to be appropriate to ensure that program participants who receive a stipend or other financial incentive under subsection (g)(2)(A) of this section, but fail to complete their service obligation under subsection (i) of this section, repay all or a portion of such stipend or other incentive.
(k) Administrative funds
No entity that receives a grant under this section shall use more than 5 percent of the funds made available through the grant for the administration of a program under this division carried out under the grant.
(
§6684. Evaluation and accountability for recruiting and retaining teachers
(a) Evaluation
Each entity that receives a grant under this division shall conduct—
(1) an interim evaluation of the program funded under the grant at the end of the third year of the grant period; and
(2) a final evaluation of the program at the end of the fifth year of the grant period.
(b) Contents
In conducting the evaluation, the entity shall describe the extent to which local educational agencies that received funds through the grant have met the goals relating to teacher recruitment and retention described in the application.
(c) Reports
The entity shall prepare and submit to the Secretary and to Congress interim and final reports containing the results of the interim and final evaluations, respectively.
(d) Revocation
If the Secretary determines that the recipient of a grant under this division has not made substantial progress in meeting such goals and the objectives of the grant by the end of the third year of the grant period, the Secretary—
(1) shall revoke the payment made for the fourth year of the grant period; and
(2) shall not make a payment for the fifth year of the grant period.
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Division C—General Provisions
§6691. Authorization of appropriations
(a) In general
There are authorized to be appropriated to carry out this subpart $150,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years.
(b) Reservation
From the funds appropriated to carry out this subpart for fiscal year 2002, the Secretary shall reserve not more than $30,000,000 to carry out division A of this subpart.
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subpart 2—national writing project
§6701. Purposes
The purposes of this subpart are—
(1) to support and promote the expansion of the National Writing Project network of sites so that teachers in every region of the United States will have access to a National Writing Project program;
(2) to ensure the consistent high quality of the sites through ongoing review, evaluation, and technical assistance;
(3) to support and promote the establishment of programs to disseminate effective practices and research findings about the teaching of writing; and
(4) to coordinate activities assisted under this subpart with activities assisted under this chapter.
(
Prior Provisions
A prior section 6701,
§6702. National Writing Project
(a) Authorization
The Secretary is authorized to award a grant to the National Writing Project, a nonprofit educational organization that has as its primary purpose the improvement of the quality of student writing and learning (hereafter in this section referred to as the "grantee") to improve the teaching of writing and the use of writing as a part of the learning process in our Nation's classrooms.
(b) Requirements of grant
The grant shall provide that—
(1) the grantee will enter into contracts with institutions of higher education or other nonprofit educational providers (hereafter in this section referred to as "contractors") under which the contractors will agree to establish, operate, and provide the non-Federal share of the cost of teacher training programs in effective approaches and processes for the teaching of writing;
(2) funds made available by the Secretary to the grantee pursuant to any contract entered into under this section will be used to pay the Federal share of the cost of establishing and operating teacher training programs as provided in paragraph (1); and
(3) the grantee will meet such other conditions and standards as the Secretary determines to be necessary to assure compliance with the provisions of this section and will provide such technical assistance as may be necessary to carry out the provisions of this section.
(c) Teacher training programs
The teacher training programs authorized in subsection (a) of this section shall—
(1) be conducted during the school year and during the summer months;
(2) train teachers who teach grades kindergarten through college;
(3) select teachers to become members of a National Writing Project teacher network whose members will conduct writing workshops for other teachers in the area served by each National Writing Project site; and
(4) encourage teachers from all disciplines to participate in such teacher training programs.
(d) Federal share
(1) In general
Except as provided in paragraph (2) or (3) and for purposes of subsection (a) of this section, the term "Federal share" means, with respect to the costs of teacher training programs authorized in subsection (a) of this section, 50 percent of such costs to the contractor.
(2) Waiver
The Secretary may waive the provisions of paragraph (1) on a case-by-case basis if the National Advisory Board described in subsection (e) of this section determines, on the basis of financial need, that such waiver is necessary.
(3) Maximum
The Federal share of the costs of teacher training programs conducted pursuant to subsection (a) of this section may not exceed $100,000 for any one contractor, or $200,000 for a statewide program administered by any one contractor in at least five sites throughout the State.
(e) National Advisory Board
(1) Establishment
The National Writing Project shall establish and operate a National Advisory Board.
(2) Composition
The National Advisory Board established pursuant to paragraph (1) shall consist of—
(A) national educational leaders;
(B) leaders in the field of writing; and
(C) such other individuals as the National Writing Project determines necessary.
(3) Duties
The National Advisory Board established pursuant to paragraph (1) shall—
(A) advise the National Writing Project on national issues related to student writing and the teaching of writing;
(B) review the activities and programs of the National Writing Project; and
(C) support the continued development of the National Writing Project.
(f) Evaluation
(1) In general
The Secretary shall conduct an independent evaluation by grant or contract of the teacher training programs administered pursuant to this subpart. Such evaluation shall specify the amount of funds expended by the National Writing Project and each contractor receiving assistance under this section for administrative costs. The results of such evaluation shall be made available to the appropriate committees of Congress.
(2) Funding limitation
The Secretary shall reserve not more than $150,000 from the total amount appropriated pursuant to the authority of subsection (h) of this section for fiscal year 2002 and each of the 5 succeeding fiscal years to conduct the evaluation described in paragraph (1).
(g) Application review
(1) Review Board
The National Writing Project shall establish and operate a National Review Board that shall consist of—
(A) leaders in the field of research in writing; and
(B) such other individuals as the National Writing Project deems necessary.
(2) Duties
The National Review Board shall—
(A) review all applications for assistance under this subsection; and
(B) recommend applications for assistance under this subsection for funding by the National Writing Project.
(h) Authorization of appropriations
There are authorized to be appropriated to carry out this subpart $15,000,000 as may be necessary for fiscal year 2002 and each of the 5 succeeding fiscal years.
(
Prior Provisions
A prior section 6702,
Termination of Advisory Boards
Advisory boards established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of
subpart 3—civic education
§6711. Short title
This subpart may be cited as the "Education for Democracy Act".
(
§6712. Purpose
It is the purpose of this subpart—
(1) to improve the quality of civics and government education by educating students about the history and principles of the Constitution of the United States, including the Bill of Rights;
(2) to foster civic competence and responsibility; and
(3) to improve the quality of civic education and economic education through cooperative civic education and economic education exchange programs with emerging democracies.
(
§6713. General authority
(a) Authority
The Secretary is authorized to award grants to, or enter into contracts with—
(1) the Center for Civic Education, to carry out civic education activities under
(2) the National Council on Economic Education, to carry out economic education activities under
(3) organizations experienced in the development of curricula and programs in civics and government education and economic education for students in elementary schools and secondary schools in countries other than the United States, to carry out civic education activities under
(b) Distribution for cooperative civic education and economic education exchange programs
(1) Limitation
Not more than 40 percent of the amount appropriated under
(2) Distribution
Of the amount used to carry out
(A) 37.5 percent for a grant or contract for the Center for Civic Education;
(B) 37.5 percent for a grant or contract for the National Council on Economic Education; and
(C) 25 percent for not less than 1, but not more than 3, grants or contracts for organizations described in subsection (a)(3) of this section.
(
American History and Civics Education
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'American History and Civics Education Act of 2004'.
"SEC. 2. PRESIDENTIAL ACADEMIES FOR TEACHING OF AMERICAN HISTORY AND CIVICS; CONGRESSIONAL ACADEMIES FOR STUDENTS OF AMERICAN HISTORY AND CIVICS.
"(a)
"(1) to entities to establish Presidential Academies for Teaching of American History and Civics that may offer workshops for both veteran and new teachers of American history and civics; and
"(2) to entities to establish Congressional Academies for Students of American History and Civics.
"(b)
"(c)
"(d)
"SEC. 3. NATIONAL HISTORY DAY PROGRAM.
"The Secretary may award grants to the National History Day Program for the purpose of continuing and expanding its activities to promote the study of history and improve instruction."
§6714. We the People program
(a) The Citizen and the Constitution
(1) Educational activities
The Center for Civic Education—
(A) shall use funds made available under grants or contracts under
(i) to continue and expand the educational activities of the program entitled the "We the People. . . The Citizen and the Constitution" program administered by such center;
(ii) to carry out activities to enhance student attainment of challenging academic content standards in civics and government;
(iii) to provide a course of instruction on the basic principles of the Nation's constitutional democracy and the history of the Constitution of the United States, including the Bill of Rights;
(iv) to provide, at the request of a participating school, school and community simulated congressional hearings following the course of instruction described in clause (iii); and
(v) to provide an annual national competition of simulated congressional hearings for secondary school students who wish to participate in such a program; and
(B) may use funds made available under grants or contracts under
(i) to provide advanced, sustained, and ongoing training of teachers about the Constitution of the United States and the political system of the United States;
(ii) to provide materials and methods of instruction, including teacher training, that utilize the latest advancements in educational technology; and
(iii) to provide civic education materials and services to address specific problems such as the prevention of school violence and the abuse of drugs and alcohol.
(2) Availability of program
The education program authorized under this subsection shall be made available to public and private elementary schools and secondary schools, including Bureau funded schools, in the 435 congressional districts, and in the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(b) Project Citizen
(1) Educational activities
The Center for Civic Education—
(A) shall use funds made available under grants or contracts under
(i) to continue and expand the educational activities of the program entitled the "We the People. . . Project Citizen" program administered by the Center;
(ii) to carry out activities to enhance student attainment of challenging academic content standards in civics and government;
(iii) to provide a course of instruction at the middle school level on the roles of State and local governments in the Federal system established by the Constitution of the United States; and
(iv) to provide an annual national showcase or competition; and
(B) may use funds made available under grants or contracts under
(i) to provide optional school and community simulated State legislative hearings;
(ii) to provide advanced, sustained, and ongoing training of teachers on the roles of State and local governments in the Federal system established by the Constitution of the United States;
(iii) to provide materials and methods of instruction, including teacher training, that utilize the latest advancements in educational technology; and
(iv) to provide civic education materials and services to address specific problems such as the prevention of school violence and the abuse of drugs and alcohol.
(2) Availability of program
The education program authorized under this subsection shall be made available to public and private middle schools, including Bureau funded schools, in the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(c) Bureau-funded school defined
In this section, the term "Bureau-funded school" has the meaning given such term in
(
References in Text
1 See References in Text note below.
§6715. Cooperative civic education and economic education exchange programs
(a) Cooperative education exchange programs
The Center for Civic Education, the National Council on Economic Education, and organizations described in
(b) Purpose
The purpose of the cooperative education exchange programs carried out under this section shall be—
(1) to make available to educators from eligible countries exemplary curriculum and teacher training programs in civics and government education, and economics education, developed in the United States;
(2) to assist eligible countries in the adaptation, implementation, and institutionalization of such programs;
(3) to create and implement civics and government education, and economic education, programs for students that draw upon the experiences of the participating eligible countries;
(4) to provide a means for the exchange of ideas and experiences in civics and government education, and economic education, among political, educational, governmental, and private sector leaders of participating eligible countries; and
(5) to provide support for—
(A) independent research and evaluation to determine the effects of educational programs on students' development of the knowledge, skills, and traits of character essential for the preservation and improvement of constitutional democracy; and
(B) effective participation in, and the preservation and improvement of, an efficient market economy.
(c) Activities
In carrying out the cooperative education exchange programs assisted under this section, the Center for Civic Education, the National Council on Economic Education, and organizations described in
(1) provide to the participants from eligible countries—
(A) seminars on the basic principles of United States constitutional democracy and economic system, including seminars on the major governmental and economic institutions and systems in the United States, and visits to such institutions;
(B) visits to school systems, institutions of higher education, and nonprofit organizations conducting exemplary programs in civics and government education, and economic education, in the United States;
(C) translations and adaptations with respect to United States civics and government education, and economic education, curricular programs for students and teachers, and in the case of training programs for teachers, translations and adaptations into forms useful in schools in eligible countries, and joint research projects in such areas; and
(D) independent research and evaluation assistance—
(i) to determine the effects of the cooperative education exchange programs on students' development of the knowledge, skills, and traits of character essential for the preservation and improvement of constitutional democracy; and
(ii) to identify effective participation in, and the preservation and improvement of, an efficient market economy;
(2) provide to the participants from the United States—
(A) seminars on the histories, economies, and systems of government of eligible countries;
(B) visits to school systems, institutions of higher education, and organizations conducting exemplary programs in civics and government education, and economic education, located in eligible countries;
(C) assistance from educators and scholars in eligible countries in the development of curricular materials on the history, government, and economy of such countries that are useful in United States classrooms;
(D) opportunities to provide onsite demonstrations of United States curricula and pedagogy for educational leaders in eligible countries; and
(E) independent research and evaluation assistance to determine—
(i) the effects of the cooperative education exchange programs assisted under this section on students' development of the knowledge, skills, and traits of character essential for the preservation and improvement of constitutional democracy; and
(ii) effective participation in, and improvement of, an efficient market economy; and
(3) assist participants from eligible countries and the United States to participate in international conferences on civics and government education, and economic education, for educational leaders, teacher trainers, scholars in related disciplines, and educational policymakers.
(d) Participants
The primary participants in the cooperative education exchange programs assisted under this section shall be educational leaders in the areas of civics and government education, and economic education, including teachers, curriculum and teacher training specialists, scholars in relevant disciplines, and educational policymakers, and government and private sector leaders from the United States and eligible countries.
(e) Consultation
The Secretary may award a grant to, or enter into a contract with, the entities described in
(f) Avoidance of duplication
With the concurrence of the Secretary of State, the Secretary shall ensure that—
(1) the activities carried out under the programs assisted under this section are not duplicative of other activities conducted in eligible countries; and
(2) any institutions in eligible countries, with which the Center for Civic Education, the National Council on Economic Education, or organizations described in
(g) Eligible country defined
In this section, the term "eligible country" means a Central European country, an Eastern European country, Lithuania, Latvia, Estonia, the independent states of the former Soviet Union as defined in
(
References in Text
1 See References in Text note below.
§6716. Authorization of appropriations
There are authorized to be appropriated to carry out this subpart $30,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years.
(
subpart 4—teaching of traditional american history
§6721. Establishment of program
(a) In general
The Secretary may establish and implement a program to be known as the "Teaching American History Grant Program", under which the Secretary shall award grants on a competitive basis to local educational agencies—
(1) to carry out activities to promote the teaching of traditional American history in elementary schools and secondary schools as a separate academic subject (not as a component of social studies); and
(2) for the development, implementation, and strengthening of programs to teach traditional American history as a separate academic subject (not as a component of social studies) within elementary school and secondary school curricula, including the implementation of activities—
(A) to improve the quality of instruction; and
(B) to provide professional development and teacher education activities with respect to American history.
(b) Required partnership
A local educational agency that receives a grant under subsection (a) of this section shall carry out activities under the grant in partnership with one or more of the following:
(1) An institution of higher education.
(2) A nonprofit history or humanities organization.
(3) A library or museum.
(c) Application
To be eligible to receive an 1 grant under this section, a local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
(
1 So in original. Probably should be "a".
§6722. Authorization of appropriations
There are authorized to be appropriated to carry out this subpart such sums as may be necessary for fiscal year 2002 and each of the 5 succeeding fiscal years.
(
subpart 5—teacher liability protection
§6731. Short title
This subpart may be cited as the "Paul D. Coverdell Teacher Protection Act of 2001".
(
§6732. Purpose
The purpose of this subpart is to provide teachers, principals, and other school professionals the tools they need to undertake reasonable actions to maintain order, discipline, and an appropriate educational environment.
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§6733. Definitions
For purposes of this subpart:
(1) Economic loss
The term "economic loss" means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law.
(2) Harm
The term "harm" includes physical, nonphysical, economic, and noneconomic losses.
(3) Noneconomic loss
The term "noneconomic loss" means loss for physical or emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society or companionship, loss of consortium (other than loss of domestic service), hedonic 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).
(
§6734. Applicability
This subpart shall only apply to States that receive funds under this chapter, and shall apply to such a State as a condition of receiving such funds.
(
§6735. Preemption and election of State nonapplicability
(a) Preemption
This 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
This 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.
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§6736. Limitation on liability for teachers
(a) Liability protection for teachers
Except as provided in subsection (b) of this section, 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, 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
If 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 1 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 entity unless 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
(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.
(
1 So in original. Probably should be "(3) A State".
§6737. 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) of this section.
(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) of this section, beyond the limitations established in this section.
(
§6738. Effective date
(a) In general
This subpart shall take effect 90 days after January 8, 2002.
(b) Application
This subpart applies to any claim for harm caused by an act or omission of a teacher if that claim is filed on or after the effective date of the No Child Left Behind Act of 2001 without regard to whether the harm that is the subject of the claim or the conduct that caused the harm occurred before such effective date.
(
References in Text
For the effective date of the No Child Left Behind Act of 2001, referred to in subsec. (b), see section 5 of