text: 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.
target: 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.
feat_title: To amend the Elementary and Secondary Education Act of 1965 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.