20 USC 1403 - Sec. 1403. Abrogation of State sovereign immunity
20 USC - U.S. Code - Title 20: Education (January 2004)
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(a) In general A State shall not be immune under the eleventh amendment to the Constitution of the United States from suit in Federal court for a violation of this chapter. (b) Remedies In a suit against a State for a violation of this chapter, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as those remedies are available for such a violation in the suit against any public entity other than a State. (c) Effective date Subsections (a) and (b) of this section apply with respect to violations that occur in whole or part after October 30, 1990.
Prior Provisions A prior section 1403, Pub. L. 91-230, title VI, Sec. 604, as added Pub. L. 101-476, title I, Sec. 103, Oct. 30, 1990, 104 Stat. 1106, related to abrogation of State sovereign immunity, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105-17. Another prior section 1403, Pub. L. 91-230, title VI, Sec. 604, Apr. 13, 1970, 84 Stat. 177; Pub. L. 93-380, title VI, Sec. 613, Aug. 21, 1974, 88 Stat. 580; Pub. L. 94-273, Secs. 3(14), 13(2), Apr. 21, 1976, 90 Stat. 376, 378; Pub. L. 98-199, Sec. 4, Dec. 2, 1983, 97 Stat. 1358, established the National Advisory Committee on the Education of Handicapped Children and Youth, prior to repeal by Pub. L. 99-457, title IV, Sec. 407, Oct. 8, 1986, 100 Stat. 1177.
