---
kind: "section"
citation: "34 C.F.R. § 300.177"
title: "34"
number: "300.177"
heading: "States' sovereign immunity and positive efforts to employ and advance qualified individuals with disabilities."
url: "https://uscodex.org/cfr/34/300.177"
---

# §300.177. States' sovereign immunity and positive efforts to employ and advance qualified individuals with disabilities.

- (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)](#a-1) and [(a)(2)](#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.

## Notes

### Amendments

[73 FR 73027, Dec. 1, 2008]

### Authority

Authority: 20 U.S.C. 1221e-3, 1406, 1411-1419, and 3474; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.

### Source

Source: 71 FR 46753, Aug. 14, 2006, unless otherwise noted.

### Amendments

[73 FR 73027, Dec. 1, 2008]