20 U.S.C. § 7945
Section 7945 · Preemption and election of State nonapplicability
Amended 2 times on record
Applied in 2 court decisions — leading case Gambrill v. Bd. of Education, Dorchester Cnty. (2022)
Most recently applied in Gambrill v. Bd. of Education, Dorchester Cnty. (November 2022)
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.
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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Codification
Section was classified to section 6735 of this title prior to renumbering by Pub. L. 114–95.