[USC02] 20 USC 7945: Preemption and election of State nonapplicability
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20 USC 7945: Preemption and election of State nonapplicability Text contains those laws in effect on December 9, 2019
From Title 20-EDUCATIONCHAPTER 70-STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLSSUBCHAPTER VIII-GENERAL PROVISIONSPart F-Uniform Provisionssubpart 3-teacher liability protection

§7945. 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.

(Pub. L. 89–10, title VIII, §8555, formerly title II, §2365, as added Pub. L. 107–110, title II, §201, Jan. 8, 2002, 115 Stat. 1668 ; renumbered title IX, §9545, renumbered title VIII, §8555, 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.)

Codification

Section was classified to section 6735 of this title prior to renumbering by Pub. L. 114–95.