20 U.S. Code § 6735 - Preemption and election of State nonapplicability
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—
(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