States' Eleventh Amendment Immunity Is Not Abrogated by the EHA.

Osborne, Allan G., Jr.

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Peer reviewed

ERIC Number: EJ402312

Record Type: Journal

Publication Date: 1990

Pages: N/A

Abstractor: N/A

ISBN: N/A

ISSN: N/A

EISSN: N/A

States' Eleventh Amendment Immunity Is Not Abrogated by the EHA.

Osborne, Allan G., Jr.

West's Education Law Reporter, v56 n4 p1099-1105 Jan 4 1990

Controversy developed among the federal circuits concerning whether or not Congress, when it passed the Education for All Handicapped Children Act, intended to abrogate the states' 11th Amendment immunity from a lawsuit in the federal courts. Discusses decisions favoring and against abrogation, and the Supreme Court's reasoning in ruling against abrogation. (MLF)

Descriptors: Court Litigation, Disabilities, Elementary Secondary Education, Federal Courts, Federal State Relationship, Legal Responsibility, Public Schools, School Districts, Special Education, State Government

Publication Type: Journal Articles; Legal/Legislative/Regulatory Materials; Opinion Papers

Education Level: N/A

Audience: N/A

Language: English

Sponsor: N/A

Authoring Institution: N/A

Identifiers - Laws, Policies, & Programs: Education for All Handicapped Children Act

Grant or Contract Numbers: N/A