Under the bill, states may opt out of the bill's federal preemption. However, requiring states actively to reject the new federal statutory scheme shifts the paradigm to one where federal law controls state tort law. The bill wrongly claims that a disciplinary crisis threatens American education. This faulty premise is based on the myth that teachers are bombarded with endless lawsuits that hamstring their ability to maintain a safe learning environment. Violence in schools is decreasing .
Teachers already have broad immunity .
Generally, teachers, instructors, principals, administrators, and other educational professionals and school officials already enjoy broad immunities under state laws, unless the state specifically limits or waives immunity by statute. Additionally, public schools and their agents are protected by the U.S. Constitution's 11th Amendment, which prevents citizens from suing states. The sponsors of this bill are more interested in setting precedents for federal legislation to restrict consumers' rights in areas such as product liability than they are in educational accountability. Education reform is not the proper vehicle for making points about tort law.