Skip to content
LexBuild

20 USC § 1403 - Abrogation of State sovereign immunity 

---
identifier: "/us/usc/t20/s1403"
source: "usc"
legal_status: "official_prima_facie"
title: "20 USC § 1403 - Abrogation of State sovereign immunity"
title_number: 20
title_name: "EDUCATION"
section_number: "1403"
section_name: "Abrogation of State sovereign immunity"
chapter_number: 33
chapter_name: "EDUCATION OF INDIVIDUALS WITH DISABILITIES"
subchapter_number: "I"
subchapter_name: "GENERAL PROVISIONS"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 91–230, title VI, § 604, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2659.)"
---

# § 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** October 30, 1990

Subsections (a) and (b) apply with respect to violations that occur in whole or part after .

---

**Source Credit**: (Pub. L. 91–230, title VI, § 604, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2659.)

## Editorial Notes

### Prior Provisions

A 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 .

Another 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 .

Another 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 , , .