---
kind: "section"
citation: "20 U.S.C. § 1403"
title: "20"
title_heading: "Education"
number: "1403"
heading: "Abrogation of State sovereign immunity"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/1403"
units:
  - "Chapter 33 — Education of Individuals with Disabilities"
  - "Subchapter I — General Provisions"
---

# §1403. Abrogation of State sovereign immunity

- (a) **In general—** A [State](/usc/20/1401.md?p=31) 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](/usc/20/1401.md?p=31) 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](/usc/20/1401.md?p=31).
- (c) **Effective date—** Subsections [(a)](#a) and [(b)](#b) apply with respect to violations that occur in whole or part after October 30, 1990.

## Source credit

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

## Notes

### Editorial Notes

### Prior 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.