I
107TH CONGRESS
1ST SESSION
H. R. 1844
To amend the Elementary and Secondary Education Act of 1965 to provide
teachers, principals, and other school professionals the tools they need
to undertake reasonable actions to maintain order, discipline, and an
appropriate educational environment.
IN THE HOUSE OF REPRESENTATIVES
MAY 15, 2001
Mr. GRAVES introduced the following bill; which was referred to the
Committee on Education and the Workforce
A BILL
To amend the Elementary and Secondary Education Act
of 1965 to provide teachers, principals, and other school
professionals the tools they need to undertake reasonable
actions to maintain order, discipline, and an appropriate
educational environment.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SCHOOL DISCIPLINE AND TEACHER LIABILITY
PROTECTION.
(a) IN GENERAL.—The Elementary and Secondary
Education Act of 1965 (20 U.S.C 6301 et seq.) is amend-
ed by adding at the end the following:
‘‘TITLE XV—SCHOOL DISCIPLINE
AND 
TEACHER 
LIABILITY
PROTECTION
‘‘SEC. 15001. SHORT TITLE.
‘‘This title may be cited as the ‘Teacher Protection
Act of 2001’.
‘‘SEC. 15002. PURPOSE.
‘‘The purpose of this title is to provide teachers, prin-
cipals and other school professionals the tools they need
to undertake reasonable actions to maintain order, dis-
cipline, and an appropriate educational environment.
‘‘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, or Federal laws,
rules or regulations in furtherance of efforts to con-
trol, discipline, expel, or suspend a student or main-
tain 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. 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.’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—Title XV of the Elementary
and Secondary Education Act of 1965, as added by
subsection (a), shall take effect 90 days after the
date of the enactment of this Act.
(2) APPLICATION.—Title XV of the Elementary
and Secondary Education Act of 1965, as added by
subsection (a), 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 specified in para-
graph (1), 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.
Æ