2018 US 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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Citation 20 U.S.C. § 1403 (2018)
Section Name §1403. Abrogation of State sovereign immunity
Section Text (a) In general

A State shall not be immune under the 11th 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) apply with respect to violations that occur in whole or part after October 30, 1990.

Source Credit

(Pub. L. 91–230, title VI, §604, as added Pub. L. 108–446, title I, §101, Dec. 3, 2004, 118 Stat. 2659.)

Editorial Notes PRIOR PROVISIONS

A prior section 1403, Pub. L. 91–230, title VI, §604, as added Pub. L. 105–17, title I, §101, June 4, 1997, 111 Stat. 47, related to abrogation of State sovereign immunity, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446.

Another 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.

Publication Title United States Code, 2018 Edition, 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 2018
Laws In Effect As Of Date January 14, 2019
Positive Law No
Disposition standard
Statutes at Large References 84 Stat. 177
88 Stat. 580
90 Stat. 376
97 Stat. 1358
100 Stat. 1177
104 Stat. 1106
118 Stat. 2659
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, Public Law 108-446
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