I
106TH CONGRESS
1ST SESSION
H. R. 3465
To provide safer schools and a better educational environment.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 18, 1999
Mr. BRADY of Texas (for himself, Mr. MCINTOSH, and Mr. BRYANT) intro-
duced the following bill; which was referred to the Committee on Edu-
cation and the Workforce
A BILL
To provide safer schools and a better educational
environment.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Teacher Liability Pro-
tection Act’’.
SEC. 2. TEACHER LIABILITY PROTECTION.
The Elementary and Secondary Education Act of
1965 (20 U.S.C 6301 et seq.) is amended by adding at
the end the following:
‘‘TITLE XV—TEACHER LIABILITY
PROTECTION
‘‘SEC. 15001. SHORT TITLE.
‘‘This title may be cited as the ‘Teacher Liability Pro-
tection Act of 1999’.
‘‘SEC. 15002. FINDINGS AND PURPOSE.
‘‘(a) FINDINGS.—Congress makes the following find-
ings:
‘‘(1) The ability of teachers, principals and
other school professionals to teach, inspire and
shape the intellect of our Nation’s elementary and
secondary school students is deterred and hindered
by frivolous lawsuits and litigation.
‘‘(2) Each year more and more teachers, prin-
cipals and other school professionals face lawsuits
for actions undertaken as part of their duties to pro-
vide millions of school children quality educational
opportunities.
‘‘(3) Too many teachers, principals and other
school professionals face increasingly severe and ran-
dom acts of violence in the classroom and in schools.
‘‘(4) Providing teachers, principals and other
school professionals a safe and secure environment is
an important part of the effort to improve and ex-
pand educational opportunities.
‘‘(5) Clarifying and limiting the liability of
teachers, principals and other school professionals
who undertake reasonable actions to maintain order,
discipline and an appropriate educational environ-
ment is an appropriate subject of Federal legislation
because—
‘‘(A) the scope of the problems created by
the legitimate fears of teachers, principals and
other school professionals about frivolous, arbi-
trary or capricious lawsuits against teachers is
of national importance; and
‘‘(B) millions of children and their families
across the Nation depend on teachers, prin-
cipals and other school professionals for the in-
tellectual development of children.
‘‘(b) PURPOSE.—The purpose of this title is to pro-
vide teachers, principals and other school professionals the
tools they need to undertake reasonable actions to main-
tain order, discipline and an appropriate educational envi-
ronment.
‘‘SEC. 15003. PREEMPTION AND ELECTION OF STATE NON-
APPLICABILITY.
‘‘(a) PREEMPTION.—This title preempts the laws of
any State to the extent that such laws are inconsistent
with this title, except that this title shall not preempt any
State law that provides additional protection from liability
relating to teachers.
‘‘(b) ELECTION OF STATE REGARDING NONAPPLICA-
BILITY.—This title shall not apply to any civil action in
a State court against a teacher in which all parties are
citizens of the State if such State enacts a statute in ac-
cordance 
with 
State 
requirements 
for 
enacting
legislation—
‘‘(1) citing the authority of this subsection;
‘‘(2) declaring the election of such State that
this title shall not apply, as of a date certain, to
such civil action in the State; and
‘‘(3) containing no other provisions.
‘‘SEC. 15004. LIMITATION ON LIABILITY FOR TEACHERS.
‘‘(a) LIABILITY PROTECTION FOR TEACHERS.—Ex-
cept as provided in subsections (b) and (c), no teacher in
a school shall be liable for harm caused by an act or omis-
sion of the teacher on behalf of the school if—
‘‘(1) the teacher was acting within the scope of
the teacher’s employment or responsibilities related
to providing educational services;
‘‘(2) the actions of the teacher were carried out
in conformity with local, State, and Federal laws,
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;
‘‘(3) if appropriate or required, the teacher was
properly licensed, certified, or authorized by the ap-
propriate authorities for the activities or practice in
the State in which the harm occurred, where the ac-
tivities were or practice was undertaken within the
scope of the teacher’s responsibilities;
‘‘(4) the harm was not caused by willful or
criminal misconduct, gross negligence, reckless mis-
conduct, or a conscious, flagrant indifference to the
rights or safety of the individual harmed by the
teacher; and
‘‘(5) the harm was not caused by the teacher
operating a motor vehicle, vessel, aircraft, or other
vehicle for which the State requires the operator or
the owner of the vehicle, craft, or vessel to—
‘‘(A) possess an operator’s license; or
‘‘(B) maintain insurance.
‘‘(b) 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 or any governmental entity against
any teacher of such school.
‘‘(c) EXCEPTIONS TO TEACHER LIABILITY PROTEC-
TION.—If the laws of a State limit teacher liability subject
to one or more of the following conditions, such conditions
shall not be construed as inconsistent with this section:
‘‘(1) A State law that requires a school or gov-
ernmental entity to adhere to risk management pro-
cedures, including mandatory training of teachers.
‘‘(2) A State law that makes the school or gov-
ernmental entity liable for the acts or omissions of
its teachers to the same extent as an employer is lia-
ble for the acts or omissions of its employees.
‘‘(3) A State law that makes a limitation of li-
ability inapplicable if the civil action was brought by
an officer of a State or local government pursuant
to State or local law.
‘‘(d) LIMITATION ON PUNITIVE DAMAGES BASED ON
THE ACTIONS OF TEACHERS.—
‘‘(1) GENERAL RULE.—Punitive damages may
not be awarded against a teacher in an action
brought for harm based on the action of a teacher
acting within the scope of the teacher’s responsibil-
ities to a school or governmental entity unless the
claimant establishes by clear and convincing evidence
that the harm was proximately caused by an action
of such teacher which constitutes willful or criminal
misconduct, or a conscious, flagrant indifference to
the rights or safety of the individual harmed.
‘‘(2) CONSTRUCTION.—Paragraph (1) does not
create a cause of action for punitive damages and
does not preempt or supersede any Federal or State
law to the extent that such law would further limit
the award of punitive damages.
‘‘(e) EXCEPTIONS TO LIMITATIONS ON LIABILITY.—
‘‘(1) IN GENERAL.—The limitations on the li-
ability of a teacher under this title shall not apply
to any misconduct that—
‘‘(A) constitutes a crime of violence (as
that term is defined in section 16 of title 18,
United States Code) or act of international ter-
rorism (as that term is defined in section 2331
of title 18, United States Code) for which the
defendant has been convicted in any court;
‘‘(B) involves a sexual offense, as defined
by applicable State law, for which the defendant
has been convicted in any court;
‘‘(C) involves misconduct for which the de-
fendant has been found to have violated a Fed-
eral or State civil rights law; or
‘‘(D) where the defendant was under the
influence (as determined pursuant to applicable
State law) of intoxicating alcohol or any drug at
the time of the misconduct.
‘‘(2) RULE
OF
CONSTRUCTION.—Nothing in
this subsection shall be construed to effect sub-
section (a)(3) or (d).
‘‘SEC. 15005. LIABILITY FOR NONECONOMIC LOSS.
‘‘(a) GENERAL RULE.—In any civil action against a
teacher, based on an action of a teacher acting within the
scope of the teacher’s responsibilities to a school or gov-
ernmental entity, the liability of the teacher for non-
economic loss shall be determined in accordance with sub-
section (b).
‘‘(b) AMOUNT OF LIABILITY.—
‘‘(1) IN GENERAL.—Each defendant who is a
teacher, shall be liable only for the amount of non-
economic 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. The court shall
render a separate judgment against each defendant
in an amount determined pursuant to the preceding
sentence.
‘‘(2) 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 per-
centage of responsibility of that defendant for the
claimant’s harm.
‘‘SEC. 15006. DEFINITIONS.
‘‘For purposes of this title:
‘‘(1) ECONOMIC
LOSS.—The term ‘economic
loss’ means any pecuniary loss resulting from harm
(including the loss of earnings or other benefits re-
lated to employment, medical expense loss, replace-
ment services loss, loss due to death, burial costs,
and loss of business or employment opportunities) to
the extent recovery for such loss is allowed under ap-
plicable State law.
‘‘(2) HARM.—The term ‘harm’ includes phys-
ical, nonphysical, economic, and noneconomic losses.
‘‘(3) NONECONOMIC LOSSES.—The term ‘non-
economic losses’ means losses for physical and emo-
tional pain, suffering, inconvenience, physical im-
pairment, mental anguish, disfigurement, loss of en-
joyment of life, loss of society and companionship,
loss of consortium (other than loss of domestic serv-
ice), hedonic damages, injury to reputation and all
other nonpecuniary losses of any kind or nature.
‘‘(4) SCHOOL.—The term ‘school’ means a pub-
lic or private kindergarten, a public or private ele-
mentary school or secondary school (as defined in
section 14101, or a home school.
‘‘(5) STATE.—The term ‘State’ means each of
the several States of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana
Islands, any other territory or possession of the
United States, or any political subdivision of any
such State, territory, or possession.
‘‘(6) TEACHER.—The term ‘teacher’ means a
teacher, instructor, principal, administrator, or other
educational professional that works in a school, a
local school board and any member of such board,
and a local educational agency and any employee of
such agency.
‘‘SEC. 15007. EFFECTIVE DATE.
‘‘(a) IN GENERAL.—This title shall take effect 90
days after the date of the enactment of the Teacher Liabil-
ity Protection Act.
‘‘(b) APPLICATION.—This title applies to any claim
for harm caused by an act or omission of a teacher if that
claim is filed on or after the effective date of the Teacher
Liability Protection Act, without regard to whether the
harm that is the subject of the claim or the conduct that
caused the harm occurred before such effective date.’’.
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