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1995 U.S. Code
Title 20 - EDUCATION
CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES
SUBCHAPTER I - GENERAL PROVISIONS
Sec. 1403 - Abrogation of State sovereign immunity

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Publication TitleUnited States Code, 1994 Edition, Supplement 1, Title 20 - EDUCATION
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 20 - EDUCATION
CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES
SUBCHAPTER I - GENERAL PROVISIONS
Sec. 1403 - Abrogation of State sovereign immunity
Containssection 1403
Date1995
Laws in Effect as of DateJanuary 16, 1996
Positive LawNo
Dispositionstandard
Source CreditPub. L. 91-230, title VI, §604, as added Pub. L. 101-476, title I, §103, Oct. 30, 1990, 104 Stat. 1106.
Statutes at Large References84 Stat. 177
88 Stat. 580
90 Stat. 376
97 Stat. 1358
100 Stat. 1177
104 Stat. 1106
Public Law ReferencesPublic Law 91-230, Public Law 93-380, Public Law 94-273, Public Law 98-199, Public Law 99-457, Public Law 101-476

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§1403. Abrogation of State sovereign immunity (a) State immunity abrogated

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) Availability of 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 such remedies are available for such a violation in the suit against any public entity other than a State.

(c) Effective date

The provisions of subsections (a) and (b) of this section shall take effect with respect to violations that occur in whole or part after October 30, 1990.

(Pub. L. 91–230, title VI, §604, as added Pub. L. 101–476, title I, §103, Oct. 30, 1990, 104 Stat. 1106.)

Prior Provisions

A prior section 1403, Pub. L. 91–230, title VI, §604, Apr. 13, 1970, 84 Stat. 177; Pub. L. 93–380, title VI, §613, Aug. 21, 1974, 88 Stat. 580; Pub. L. 94–273, §§3(14), 13(2), Apr. 21, 1976, 90 Stat. 376, 378; Pub. L. 98–199, §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, §407, Oct. 8, 1986, 100 Stat. 1177.

Effective Date

Section effective Oct. 1, 1990, see section 1001 of Pub. L. 101–476, set out as an Effective Date of 1990 Amendment note under section 1087ee of this title.

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