![]() |
Code of Federal Regulations (Last Updated: July 5, 2024) |
![]() |
Title 34 - Education |
![]() |
Subtitle B - Regulations of the Offices of the Department of Education |
![]() |
Chapter III - Office of Special Education and Rehabilitative Services, Department of Education |
![]() |
Part 303 - Early Intervention Program for Infants and Toddlers With Disabilities |
![]() |
Subpart B - State Eligibility for a Grant and Requirements for a Statewide System |
![]() |
State Conformity With Part C of the Act and Abrogation of State Sovereign Immunity |
§ 303.103 - Abrogation of State sovereign immunity.
Latest version.
-
§ 303.103 Abrogation of State sovereign immunity.
(a) General. A State is not immune under the 11th amendment of the Constitution of the United States from suit in Federal court for a violation of part C of the Act.
(b) Remedies. In a suit against a State for a violation of part C of the 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 a suit against any public entity other than a State.
(c) Effective date. Paragraphs (a) and (b) of this section apply with respect to violations that occur in whole or part after October 30, 1990, the date of enactment of the Education of the Handicapped Act Amendments of 1990.