---
kind: "section"
citation: "20 U.S.C. § 7946"
title: "20"
title_heading: "Education"
number: "7946"
heading: "Limitation on liability for teachers"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/7946"
units:
  - "Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools"
  - "Subchapter VIII — General Provisions"
  - "Part F — Uniform Provisions"
  - "Subpart 3 — teacher liability protection"
---

# §7946. Limitation on liability for teachers

- (a) **Liability protection for teachers—** Except as provided in [subsection (b)](#b), no [teacher](/usc/20/7943.md?p=6) in a [school](/usc/20/7943.md?p=4) shall be liable for harm caused by an act or omission of the [teacher](/usc/20/7943.md?p=6) on behalf of the [school](/usc/20/7943.md?p=4) if—
  - (1) the [teacher](/usc/20/7943.md?p=6) was acting within the scope of the [teacher](/usc/20/7943.md?p=6)’s employment or responsibilities to a [school](/usc/20/7943.md?p=4) or governmental entity;
  - (2) the actions of the [teacher](/usc/20/7943.md?p=6) were carried out in conformity with Federal, [State](/usc/20/7943.md?p=5), 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](/usc/20/7943.md?p=4);
  - (3) if appropriate or required, the [teacher](/usc/20/7943.md?p=6) was properly licensed, certified, or authorized by the appropriate authorities for the activities or practice involved in the [State](/usc/20/7943.md?p=5) in which the harm occurred, where the activities were or practice was undertaken within the scope of the [teacher](/usc/20/7943.md?p=6)’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](/usc/20/7943.md?p=6); and
  - (5) the harm was not caused by the [teacher](/usc/20/7943.md?p=6) operating a motor vehicle, vessel, aircraft, or other vehicle for which the [State](/usc/20/7943.md?p=5) 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](/usc/20/7943.md?p=5) limit [teacher](/usc/20/7943.md?p=6) liability subject to one or more of the following conditions, such conditions shall not be construed as inconsistent with this section:
  - (1) A [State](/usc/20/7943.md?p=5) law that requires a [school](/usc/20/7943.md?p=4) or governmental entity to adhere to risk management procedures, including mandatory training of [teachers](/usc/20/7943.md?p=6).
  - (2) A [State](/usc/20/7943.md?p=5) law that makes the [school](/usc/20/7943.md?p=4) or governmental entity liable for the acts or omissions of its [teachers](/usc/20/7943.md?p=6) to the same extent as an employer is liable for the acts or omissions of its employees.
  - (3) A [State](/usc/20/7943.md?p=5) law that makes a limitation of liability inapplicable if the civil action was brought by an officer of a [State](/usc/20/7943.md?p=5) or local government pursuant to [State](/usc/20/7943.md?p=5) 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](/usc/20/7943.md?p=6) in an action brought for harm based on the act or omission of a [teacher](/usc/20/7943.md?p=6) acting within the scope of the [teacher](/usc/20/7943.md?p=6)’s employment or responsibilities to a [school](/usc/20/7943.md?p=4) 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](/usc/20/7943.md?p=6) that constitutes willful or criminal misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed.
  - (2) **Construction—** [Paragraph (1)](#c-1) does not create a cause of action for punitive damages and does not preempt or supersede any Federal or [State](/usc/20/7943.md?p=5) 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](/usc/20/7943.md?p=6) under this subpart shall not apply to any misconduct that—
    - (A) constitutes a crime of violence (as that term is defined in [section 16 of title 18](/usc/18/16.md)) or act of international terrorism (as that term is defined in [section 2331 of title 18](/usc/18/2331.md)) for which the defendant has been convicted in any court;
    - (B) involves a sexual offense, as defined by applicable [State](/usc/20/7943.md?p=5) 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](/usc/20/7943.md?p=5) civil rights law; or
    - (D) where the defendant was under the influence (as determined pursuant to applicable [State](/usc/20/7943.md?p=5) law) of intoxicating alcohol or any drug at the time of the misconduct.
  - (2) **Hiring—** The limitations on the liability of a [teacher](/usc/20/7943.md?p=6) under this subpart shall not apply to misconduct during background investigations, or during other actions, involved in the hiring of a [teacher](/usc/20/7943.md?p=6).
- (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](/usc/20/7943.md?p=4) or any governmental entity against any [teacher](/usc/20/7943.md?p=6) of such [school](/usc/20/7943.md?p=4).
  - (2) **Concerning corporal punishment—** Nothing in this subpart shall be construed to affect any [State](/usc/20/7943.md?p=5) or local law (including a rule or regulation) or policy pertaining to the use of corporal punishment.

## Source credit

(Pub. L. 89–10, title VIII, § 8556, formerly title II, § 2366, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1668; renumbered title IX, § 9546, renumbered title VIII, § 8556, and amended Pub. L. 114–95, title II, § 2001(a)(1), (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 6736 of this title prior to renumbering by Pub. L. 114–95.

### Amendments

2015—Pub. L. 114–95, § 2001(a)(1), struck out undesignated par. following par. (2) which read as follows: “ate 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.”

Subsec. (b)(3). Pub. L. 114–95, § 2001(a)(1), added par. (3).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2015 Amendment

Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.