Title 20, EducationRelease 119-110
§1403 Abrogation of State Sovereign Immunity
Title 20 › CHAPTER 33 — EDUCATION OF INDIVIDUALS WITH DISABILITIES › SUBCHAPTER I — GENERAL PROVISIONS › § 1403
Summary
States cannot use the Eleventh Amendment to avoid federal lawsuits for breaking this chapter, and they must face the same legal and equitable remedies as other public entities for such violations that occur in whole or in part after October 30, 1990.
Full Legal Text
Title 20, §1403
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(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.
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
Sep 22, 2026
Release point: 119-110