Title 20 — Education

Part F · Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools

§ 7945. Preemption and election of State nonapplicability

Statutory text

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.

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—

citing the authority of this subsection;

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

containing no other provisions.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

2002
Elementary and Secondary Education Act of 1965
Pub. L. 89–10 title VIII § 8555 · 79 Stat. 27
Enacted · 20 U.S.C. § 7945
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
Source evidence
Code source credit
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

0 of 1 references resolved to an enrolled provision · 1 partial

Editorial Notes

Codification

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

Credits

2002–2015 · 2 acts

2002Pub. 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
2015renumbered 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.

Show as published

(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.)