Title 20 — Education
Chapter 33 — Education of Individuals with Disabilities
§ 1403. Abrogation of State sovereign immunity
Statutory text
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.
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.
Effective date
Subsections (a) and (b) apply with respect to violations that occur in whole or part after .
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Education of the Handicapped Act
Pub. L. 91–230 title VI § 604 · 84 Stat. 121
Enacted · 20 U.S.C. § 1403
(Pub. L. 91–230, title VI, § 604, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2659.)
Source evidence
Code source credit
(Pub. L. 91–230, title VI, § 604, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2659.)Enacted provision · exact public law section
Sec. 604. national advisory committee on handicapped children (a) The Commissioner shall establish in the Office of Establishment; membership. Education a National Advisory Committee on Handicapped Children, consisting of fifteen members, appointed by the Commissioner. At least eight of such members shall be persons affiliated with educational, training, or research programs for the handicapped. (b) The Advisory Committee shall review the administration and operation of the programs authorized by this title and other provisions of law administered by the Commissioner with respect to handicapped children, including their effect in improving the educational attainment of such children, and make recommendations for the improvement of such administration and operation with respect to such children. Such recommendations shall take into consideration experience gained under this and other Federal programs for handicapped children and, to the extent appropriate, experience gained under other public and private programs for handicapped children. The Advisory Committee shall from time to time make such recommendations as it may deem appropriate to the Commissioner and shall make an annual Report to Congress. report of its findings and recommendations to the Commissioner not later than March 31 of each year. The Commissioner shall transmit each such report to the Secretary together with his comments and recommendations, and the Secretary shall transmit such report, comments, and recommendations to the’ Congress together with any comments or recommendations he may have with respect thereto.
1 of 1 references resolved to an enrolled provision
Editorial Notes
Prior Provisions
A prior section 1403, Pub. L. 91–230, title VI, § 604, as added Pub. L. 105–17, title I, § 101, , 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, , 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, , 84 Stat. 177; Pub. L. 93–380, title VI, § 613, , 88 Stat. 580; Pub. L. 94–273, §§ 3(14), 13(2), , 90 Stat. 376, 378; Pub. L. 98–199, § 4, , 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, , 100 Stat. 1177.
Credits
(Pub. L. 91–230, title VI, § 604, as added Pub. L. 108–446, title I, § 101, , 118 Stat. 2659.)