Title 20 — EducationRelease 119-73
§1403 Abrogation of State sovereign immunity
Title 20 › Chapter CHAPTER 33— - EDUCATION OF INDIVIDUALS WITH DISABILITIES › Subchapter SUBCHAPTER I— - GENERAL PROVISIONS › § 1403
Summary
States cannot use 11th Amendment immunity in federal court to avoid lawsuits for breaking this chapter. Victims can get the same remedies against a State as against other public entities. Applies to violations happening wholly or partly after October 30, 1990.
Full Legal Text
Title 20, §1403
Education — Source: USLM XML via OLRC
(a)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)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)Subsections (a) and (b) apply with respect to violations that occur in whole or part after October 30, 1990.
Legislative History
Notes & Related Subsidiaries
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.
Reference
Citations & Metadata
Citation
20 U.S.C. § 1403
Title 20 — Education
Last Updated
Apr 6, 2026
Release point: 119-73