1995 US Code
Title 20 - EDUCATION
CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES
SUBCHAPTER I - GENERAL PROVISIONS
Sec. 1403 - Abrogation of State sovereign immunity
View Metadata| Publication Title | United States Code, 1994 Edition, Supplement 1, Title 20 - EDUCATION |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 20 - EDUCATION CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES SUBCHAPTER I - GENERAL PROVISIONS Sec. 1403 - Abrogation of State sovereign immunity |
| Contains | section 1403 |
| Date | 1995 |
| Laws in Effect as of Date | January 16, 1996 |
| Positive Law | No |
| Disposition | standard |
| Source Credit | Pub. L. 91-230, title VI, §604, as added Pub. L. 101-476, title I, §103, Oct. 30, 1990, 104 Stat. 1106. |
| Statutes at Large References | 84 Stat. 177 88 Stat. 580 90 Stat. 376 97 Stat. 1358 100 Stat. 1177 104 Stat. 1106 |
| Public Law References | Public Law 91-230, Public Law 93-380, Public Law 94-273, Public Law 98-199, Public Law 99-457, Public Law 101-476 |
§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 remediesIn 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 dateThe 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 ProvisionsA 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 DateSection 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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