Public Law 119-73 (01/23/2026)

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 .

Pub. L. 91–230, title VI, § 604Pub. L. 108–446, title I, § 101118 Stat. 2659(, as added , , .)

Editorial Notes

Prior Provisions

Pub. L. 91–230, title VI, § 604Pub. L. 105–17, title I, § 101111 Stat. 47Pub. L. 108–446A prior section 1403, , as added , , , related to abrogation of State sovereign immunity, prior to the general amendment of subchapters I to IV of this chapter by .

Pub. L. 91–230, title VI, § 604Pub. L. 101–476, title I, § 103104 Stat. 1106Pub. L. 105–17Another prior section 1403, , as added , , , related to abrogation of State sovereign immunity, prior to the general amendment of subchapters I to IV of this chapter by .

Pub. L. 91–230, title VI, § 60484 Stat. 177Pub. L. 93–380, title VI, § 61388 Stat. 580Pub. L. 94–27390 Stat. 376Pub. L. 98–199, § 497 Stat. 1358Pub. L. 99–457, title IV, § 407100 Stat. 1177Another prior section 1403, , , ; , , ; , §§ 3(14), 13(2), , , 378; , , , established the National Advisory Committee on the Education of Handicapped Children and Youth, prior to repeal by , , .