§ 6736. Limitation on liability for teachers
(a)
Liability protection for teachers
Except as provided in subsection (b) of this section, no teacher in a school shall be liable for harm caused by an act or omission of the teacher on behalf of the school if—
(1)
the teacher was acting within the scope of the teacher’s employment or responsibilities to a school or governmental entity;
(2)
the actions of the teacher were carried out in conformity with Federal, State, and local laws (including 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 appropriate authorities for the activities or practice involved in the State in which the harm occurred, where the activities were or practice was undertaken within the scope of the teacher’s responsibilities;
(b)
Exceptions to teacher liability protection
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 governmental entity to adhere to risk management procedures, including mandatory training of teachers.
(2)
A State law that makes the school or governmental entity liable for the acts or omissions of its teachers to the same extent as an employer is liable for the acts or omissions of its employees.
ate [1] law that makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government pursuant to State or local law.
(c)
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 act or omission of a teacher acting within the scope of the teacher’s employment or responsibilities to a school or governmental entity unless the claimant establishes by clear and convincing evidence that the harm was proximately caused by an act or omission of such teacher that constitutes willful or criminal misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed.
(d)
Exceptions to limitations on liability
(1)
In general
The limitations on the liability of a teacher under this subpart shall not apply to any misconduct that—
(A)
constitutes a crime of violence (as that term is defined in section
16 of title
18) or act of international terrorism (as that term is defined in section
2331 of title
18) 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;
(e)
Rules of construction
[1] So in original. Probably should be “(3) A State”.