20 U.S.C. § 1403 — Abrogation of State sovereign immunity
submitted 22 years ago by Pub. L. 91-230 to r/title-20-EDUCATION · 107 words · no verdicts yet
This section removes a State’s Eleventh Amendment immunity from federal-court suits for violations of this chapter. It makes the same legal and equitable remedies available as in a comparable suit against another public entity, for violations occurring in whole or in part after October 30, 1990.
(a) General rule. A State* is not immune under the Eleventh Amendment to the United States Constitution from a federal-court suit for violating this chapter.
(b) Remedies. In a suit against a State for violating this chapter, legal and equitable remedies are available to the same extent that they would be available in a suit for the same violation against a public entity that is not a State.
(c) Effective date. Subsections (a) and (b) apply to violations occurring in whole or in part after October 30, 1990.
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.
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.
Subsections (a) and (b) apply with respect to violations that occur in whole or part after October 30, 1990.
Source credit: (Pub. L. 91–230, title VI, § 604, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2659.)
- 2004Enacted · Pub. L. 91-230 · 118 Stat. 2659
A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-230 on 2004-12-03.
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