2002 U.S. 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, 2000 Edition, Supplement 2, 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 | 2002 |
| Laws in Effect as of Date | January 6, 2003 |
| Positive Law | No |
| Disposition | standard |
| Source Credit | Pub. L. 91-230, title VI, §604, as added Pub. L. 105-17, title I, §101, June 4, 1997, 111 Stat. 47. |
| Statutes at Large References | 84 Stat. 177 88 Stat. 580 90 Stat. 376 97 Stat. 1358 100 Stat. 1177 104 Stat. 1106 111 Stat. 47 |
| 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, Public Law 105-17 |
§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) 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 those remedies are available for such a violation in the suit against any public entity other than a State.
(c) Effective dateSubsections (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, §604, as added Pub. L. 105–17, title I, §101, June 4, 1997, 111 Stat. 47.)
Prior ProvisionsA prior section 1403, Pub. L. 91–230, title VI, §604, as added Pub. L. 101–476, title I, §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, §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.
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