C.F.R. » Title 34 » CHAPTER III—OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION › PART 300—ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES › Subpart B—State Eligibility

34 C.F.R. § 300.177

States' sovereign immunity and positive efforts to employ and advance qualified individuals with disabilities

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(a) States' sovereign immunity. (1) A State that accepts funds under this part waives its immunity under the 11th amendment of the Constitution of the United States from suit in Federal court for a violation of this part.

(2) In a suit against a State for a violation of this part, remedies (including remedies both at law and in equity) are available for such a violation in the suit against any public entity other than a State.

(3) Paragraphs (a)(1) and (a)(2) of this section apply with respect to violations that occur in whole or part after the date of enactment of the Education of the Handicapped Act Amendments of 1990.

(b) Positive efforts to employ and advance qualified individuals with disabilities. Each recipient of assistance under Part B of the Act must make positive efforts to employ, and advance in employment, qualified individuals with disabilities in programs assisted under Part B of the Act.

(Authority: 20 U.S.C. 1403, 1405) [73 FR 73027, Dec. 1, 2008]
Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2019–2024 · leading case: Simmons v. Pritzker (N.D. Ill. 2022).
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Simmons v. Pritzker (N.D. Ill. 2022). “§ 1403 ; 34 C.F.R. § 300.177 (a)(1). In their complaint, plaintiffs also sue Pritzker and Ayala in their official capacities for nominal damages under RICO.”
Derrick v. Glen Mills Schs. (E.D. Pa. 2019). “§ 1403 ; 34 C.F.R. § 300.177 . 14. We also decline to dismiss Counts Three and Four under Rule 12(b)(6).”
Chak v. New York State Educ. Dep't (E.D.N.Y 2024). “See 34 C.F.R. § 300.177 (a)(1); see also Ascent: a Sch.”
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