I
107TH CONGRESS
1ST SESSION
H. R. 1103
To provide safer schools and a better educational environment.
IN THE HOUSE OF REPRESENTATIVES
MARCH 20, 2001
Mr. BRADY of Texas (for himself, Mr. STENHOLM, Mr. COX, and Mr. SCHAF-
FER) introduced the following bill; which was referred to the Committee
on Education 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 2001’.
‘‘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 with respect to claims aris-
ing within that 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