Title 20 — Education
Part F · Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools
§ 7947. Allocation of responsibility for noneconomic loss
Statutory text
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).
Amount of liability
In general
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.
Separate judgment
The court shall render a separate judgment against each defendant in an amount determined pursuant to subparagraph (A).
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.
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), beyond the limitations established in this section.
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.
Elementary and Secondary Education Act of 1965
Pub. L. 89–10 title VIII § 8557 · 79 Stat. 27
Enacted · 20 U.S.C. § 7947
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
Source evidence
Code source credit
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
0 of 1 references resolved to an enrolled provision · 1 partial
Editorial Notes
Codification
Section was classified to section 6737 of this title prior to renumbering by Pub. L. 114–95.
Credits
2002–2015 · 2 acts
- 2002Pub. L. 89–10, title VIII, § 8557, formerly title II, § 2367, as added Pub. L. 107–110, title II, § 201, , 115 Stat. 1670
- 2015renumbered title IX, § 9547, renumbered title VIII, § 8557, Pub. L. 114–95, title II, § 2001(a)(3)(A), (B), (D), title VIII, § 8001(a)(7), , 129 Stat. 1913, 2088, 2089.
Show as published
(Pub. L. 89–10, title VIII, § 8557, formerly title II, § 2367, as added Pub. L. 107–110, title II, § 201, , 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), , 129 Stat. 1913, 2088, 2089.)