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requirements of this part.

(Authority: 20 U.S.C. 1407(a)(1))

§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.

(Authority: 20 U.S.C. 1403)

Equipment and Construction

§303.104 Acquisition of equipment and construction or

alteration of facilities.

(a) General. If the Secretary determines that a

program authorized under Part C of the Act will be improved

by permitting program funds to be used to acquire appropriate equipment or to construct new facilities or