article: 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 amended 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, principals and other school professionals the tools they need to undertake reasonable actions to maintain order, discipline, and an appropriate educational environment. ``SEC. 15003. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY. ``(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 Nonapplicability.--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 accordance 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.--Except as provided in subsections (b) and (c), 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 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 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 in the State in which the harm occurred, where the activities 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 misconduct, 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 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. ``(3) A State 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. ``(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 responsibilities 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 liability 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 terrorism (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 defendant has been found to have violated a Federal 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 subsection (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 related to employment, medical expense loss, replacement 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 applicable State law. ``(2) Harm.--The term `harm' includes physical, nonphysical, economic, and noneconomic losses. ``(3) Noneconomic losses.--The term `noneconomic losses' means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation and all other nonpecuniary losses of any kind or nature. ``(4) School.--The term `school' means a public or private kindergarten, a public or private elementary 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 paragraph (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.
summary: Teacher Protection Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to establish a new title XV, School Discipline and Teacher Liability Protection.Preempts State law except where it provides additional protection of teachers from liability. Makes this Act inapplicable to any civil action in State court against a teacher in which all parties are citizens of the State, if it enacts a statute electing that this Act not apply.Provides that no teacher in a school shall be liable, with specified exceptions, for harm caused by an act or omission on behalf of the school if the teacher was acting within the scope of employment or responsibilities relating to providing educational services, and if certain other conditions are met. Limits punitive damages.