§ 1403. — Abrogation of State sovereign immunity.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC1403]
TITLE 20--EDUCATION
CHAPTER 33--EDUCATION OF INDIVIDUALS WITH DISABILITIES
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 1403. Abrogation of State sovereign immunity
(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.
(Pub. L. 91-230, title VI, Sec. 604, as added Pub. L. 105-17, title I,
Sec. 101, June 4, 1997, 111 Stat. 47.)
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.
