---
kind: "section"
citation: "20 U.S.C. § 7945"
title: "20"
title_heading: "Education"
number: "7945"
heading: "Preemption and election of State nonapplicability"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/7945"
units:
  - "Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools"
  - "Subchapter VIII — General Provisions"
  - "Part F — Uniform Provisions"
  - "Subpart 3 — teacher liability protection"
---

# §7945. Preemption and election of State nonapplicability

- (a) **Preemption—** This subpart preempts the laws of any [State](/usc/20/7943.md?p=5) to the extent that such laws are inconsistent with this subpart, except that this subpart shall not preempt any [State](/usc/20/7943.md?p=5) law that provides additional protection from liability relating to [teachers](/usc/20/7943.md?p=6).
- (b) **Election of State regarding nonapplicability—** This subpart shall not apply to any civil action in a [State](/usc/20/7943.md?p=5) court against a [teacher](/usc/20/7943.md?p=6) with respect to claims arising within that [State](/usc/20/7943.md?p=5) if such [State](/usc/20/7943.md?p=5) enacts a statute in accordance with [State](/usc/20/7943.md?p=5) requirements for enacting legislation—
  - (1) citing the authority of this subsection;
  - (2) declaring the election of such [State](/usc/20/7943.md?p=5) that this subpart shall not apply, as of a date certain, to such civil action in the [State](/usc/20/7943.md?p=5); and
  - (3) containing no other provisions.

## 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; 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.)

## Notes

### Editorial Notes

### Codification

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