Federal Teacher Protection Act — Preemption of State Law

The federal Teacher Protection Act (TPA) preempts state laws to the extent that such laws are inconsistent with the provisions of the TPA. However, the TPA does not preempt state laws that provide additional protection from liability to school employees. The following types of state laws are not inconsistent with the TPA:

(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; and

(3) a state law that makes a limitation of liability inapplicable if a civil action was brought by an officer of a state or local government under state or local law.

The TPA automatically applies to all states. However, a state may repeal the TPA by enacting legislation that declares the state’s election not to apply the TPA.

Copyright 2012 LexisNexis, a division of Reed Elsevier Inc.

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