20 U.S. Code § 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.

Source

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

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