---
kind: "section"
citation: "20 U.S.C. § 7947"
title: "20"
title_heading: "Education"
number: "7947"
heading: "Allocation of responsibility for noneconomic loss"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/7947"
units:
  - "Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools"
  - "Subchapter VIII — General Provisions"
  - "Part F — Uniform Provisions"
  - "Subpart 3 — teacher liability protection"
---

# §7947. Allocation of responsibility for noneconomic loss

- (a) **General rule—** In any civil action against a [teacher](/usc/20/7943.md?p=6), based on an 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, the liability of the [teacher](/usc/20/7943.md?p=6) for [noneconomic loss](/usc/20/7943.md?p=3) shall be determined in accordance with [subsection (b)](#b).
- (b) **Amount of liability—**
  - (1) **In general—**
    - (A) **Liability—** Each defendant who is a [teacher](/usc/20/7943.md?p=6) shall be liable only for the amount of [noneconomic loss](/usc/20/7943.md?p=3) allocated to that defendant in direct proportion to the percentage of responsibility of that defendant (determined in accordance with [paragraph (2)](#b-2)) for the harm to the claimant with respect to which that defendant is liable.
    - (B) **Separate judgment—** The court shall render a separate judgment against each defendant in an amount determined pursuant to [subparagraph (A)](#b-1-A).
  - (2) **Percentage of responsibility—** For purposes of determining the amount of [noneconomic loss](/usc/20/7943.md?p=3) allocated to a defendant who is a [teacher](/usc/20/7943.md?p=6) 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.
- (c) **Rule of construction—** Nothing in this section shall be construed to preempt or supersede any Federal or [State](/usc/20/7943.md?p=5) law that further limits the application of joint liability in a civil action described in [subsection (a)](#a), beyond the limitations established in this section.

## 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; 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), Dec. 10, 2015, 129 Stat. 1913, 2088, 2089.)

## Notes

### Editorial Notes

### Codification

Section was classified to section 6737 of this title prior to renumbering by Pub. L. 114–95.