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

Plain English summary

This section addresses two distinct obligations for states and recipients under Part B of IDEA. First, states that accept Part B funds waive their 11th Amendment sovereign immunity from federal lawsuits for violations of Part B, with the same remedies available as against other public entities. Second, all recipients of Part B assistance must make positive efforts to employ and advance qualified individuals with disabilities in Part B-assisted programs.

Key requirements

• 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.
• 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.
• 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.

Affected parties

• States accepting Part B funds
• Local Educational Agencies (LEAs)
• Recipients of Part B assistance
• Qualified individuals with disabilities seeking employment
• Federal courts

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.177