20 U.S.C. § 1403 — Abrogation of State sovereign immunity

(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 . ( 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 . CFR Title Parts 32 57 34 526

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