20 U.S.C. § 1403

Abrogation of State sovereign immunity

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(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.

Subsections (a) and (b) apply with respect to violations that occur in whole or part after October 30, 1990.

(Pub. L. 91–230, title VI, § 604, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2659.)Editorial NotesPrior Provisions

A prior section 1403, Pub. L. 91–230, title VI, § 604, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 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, Oct. 30, 1990, 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, Apr. 13, 1970, 84 Stat. 177; Pub. L. 93–380, title VI, § 613, Aug. 21, 1974, 88 Stat. 580; Pub. L. 94–273, §§ 3(14), 13(2), Apr. 21, 1976, 90 Stat. 376, 378; Pub. L. 98–199, § 4, Dec. 2, 1983, 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, Oct. 8, 1986, 100 Stat. 1177.

Notes of Decisions

Cited in 59 cases (9 in the last 5 years), 1991–2026 · leading case: Florida Prepaid Postsecondary Educ. Expense Bd. v. Coll. Sav. Bank, 527 U.S. 627 (1999).

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Florida Prepaid Postsecondary Educ. Expense Bd. v. Coll. Sav. Bank, 527 U.S. 627 (1999). · cites it 2× “§ 1125 (a) (Trademark Remedy Clarification Act); 20 U. S. C. § 1403 (a) (Individuals with Disabilities Education Act); 17 U.”

Little Rock Sch. Dist. v. Mauney, 183 F.3d 816 (8th Cir. 1999). · cites it 6× “” 20 U.S.C. § 1403 (a) (1998); see also Straube v.”

A.W. v. Jersey City Pub. Schs., 341 F.3d 234 (3rd Cir. 2003). · cites it 3× “Section 604 of the IDEA, codified as 20 U.S.C. § 1403 , states in full: § 1403.”

Pace v. Bogalusa City Sch. Bd., 403 F.3d 272 (5th Cir. 2005). · cites it 4× “30 20 U.S.C. § 1403 (a) reads as follows: “A State shall not be immune under the eleventh amendment to the Constitution of the United States from suit in Federal court for a violation of this chapter.”

Diaz-Fonseca v. Commonwealth of PR, 451 F.3d 13 (1st Cir. 2006). “§ 2000d-7(a)(l) (same under the Rehabilitation Act); see also Nieves-Márquez, 353 F.3d at 127-30. Although the Commonwealth has consented to be sued for damages in actions brought under the Commonwealth general negligence statute, such consent does not extend to actions filed in…”

Virginia Off. of Prot. & Advocacy v. Virginia, Dep't of Educ., 262 F. Supp. 2d 648 (E.D. Va. 2003). · cites it 3× “” 20 U.S.C. § 1403 . Thus, with respect to Plaintiffs’ Count I claims related to alleged violations of the IDEA, Defendants do not enjoy Eleventh Amendment immunity, and the Court will deny their motion to dismiss on that basis.”

TX Educ. Agency v. EDUC, 992 F.3d 350 (5th Cir. 2021). · cites it 2× “See 20 U.S.C. § 1403 . The agency’s shifting rationale on appeal raises the specter of Securities & Exchange Commission v.”

S.C. v. Deptford Twp. Bd. of Educ., 248 F. Supp. 2d 368 (D.N.J. 2003). · cites it 2× “20 U.S.C. § 1403 (a); see also Beth V. v.”

Maxwell Kadel v. N.C. State Health Plan, 12 F.4th 422 (4th Cir. 2021). “1103 , 1106 (codified at 20 U.S.C. § 1403 (a)) (“A State shall not be immune under the eleventh amendment to the Constitution of the United States from suit in Federal court for a violation of this Act.”

Wright v. New Jersey/Dep't of Educ., 115 F. Supp. 3d 490 (D.N.J. 2015). “3d at 346-47 (quoting 20 U.S.CA. § 1403(a)). Similarly, the Supreme Court has held that the Rehabilitation Act Amendments of 1986 waived the states’ Eleventh Amendment immunity when it contained the following language: “A State shall not be immune under the Eleventh Amendment of…”

El Paso Indep. Sch. Dist. v. Richard R. Ex Rel R.R., 567 F. Supp. 2d 918 (W.D. Tex. 2008). “The IDEA, at 20 U.S.C. § 1403 (a), states that "[a] State shall not be immune under the eleventh amendment to the Constitution of the United States from suit in Federal court for a violation of this chapter.”

Lawrence Twp. Bd. of Educ. v. State of New Jersey, 417 F.3d 368 (3rd Cir. 2005). “See 20 U.S.C. § 1403 (2003). 4 . Although Lawrence Township initially argued that it has both an express and an implied right of action under the IDEA, at oral argument counsel for the Township conceded that it has no express right of action.”

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— 20 U.S.C. § 1403(a) — 1 case

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