ABROGATION OF STATE SOVEREIGN IMMUNITY

ABROGATION OF STATE SOVEREIGN IMMUNITY

S 1248

HR 1350

IDEA NOW

``SEC. 604. 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 Act.

``(b) Remedies._In a suit against a State for a violation of this Act, 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._Subsections (a) and (b) 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.

SEC. 604. ABROGATION OF STATE SOVEREIGN IMMUNITY.

(a) IN GENERAL- 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.

(b) REMEDIES- In a suit against a State for a violation of this Act, 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- Subsections (a) and (b) apply with respect to violations that occur in whole or part after the date of the enactment of the Education of the Handicapped Act Amendments of 1990.