20 U.S.C. § 1403

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 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.

(c) Effective date

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 .)