FEDERAL · 20 U.S.C. · Chapter 70
Preemption and election of State nonapplicability
Current through Pub. L. 119-102
Title 20 — Education·Ch. 70 — STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS·Subch. VIII·Pt. F
(a)Preemption
This subpart preempts the laws of any State to the extent that such laws are inconsistent with this subpart, except that this subpart shall not preempt any State law that provides additional protection from liability relating to teachers.
(b)Election of State regarding nonapplicability
This subpart shall not apply to any civil action in a State court against a teacher with respect to claims arising within that State if such State enacts a statute in accordance with State requirements for enacting legislation—
(1)citing the authority of this subsection;
(2)declaring the election of such State that this subpart shall not apply, as of a date certain, to such civil action in the State; and
(3)containing no other provisions.
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20 U.S.C. § 7945 (Preemption and election of State nonapplicability) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Gambrill v. Bd. of Education, Dorchester Cnty.
481 Md. 274 (Court of Appeals of Maryland, 2022)
Steffan v. Smyzer
540 S.W.3d 387 (Court of Appeals of Kentucky, 2018)
Gambrill v. Bd. of Education, Dorchester Cnty.
(Court of Special Appeals of Maryland, 2021)
King v. U.S.D. 501
(Court of Appeals of Kansas, 2023)
Brenda Cook Individually v. Lawanda Irvin
(Court of Appeals of Kentucky, 2021)
Source Credit
History
(Pub. L. 89–10, title VIII, §8555, formerly title II, §2365, as added Pub. L. 107–110, title II, §201, Jan. 8, 2002, 115 Stat. 1668; renumbered title IX, §9545, renumbered title VIII, §8555, Pub. L. 114–95, title II, §2001(a)(3)(A), (B), (D), title VIII, §8001(a)(7), Dec. 10, 2015, 129 Stat. 1913, 2088, 2089.)
Editorial Notes
Editorial Notes
Codification
Section was classified to section 6735 of this title prior to renumbering by Pub. L. 114–95.
Codification
Section was classified to section 6735 of this title prior to renumbering by Pub. L. 114–95.