7 Miss. Code. R. 34-B-300.177

Current through October 10, 2024
Section 7-34-B-300.177 - State's sovereign immunity and positive efforts to employ and advance qualified individuals with disabilities
(a)State's sovereign immunity.
(1) A State that accepts funds under IDEA Part B waives its immunity under the 11th amendment of the Constitution of the United States from suit to Federal court for a violation of this part.
(2) 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.
(3) Paragraphs (a)(1) and (a)(2) of this section apply with respect to violations that occur in whole or in part after the date of enactment of the Education of the Handicapped Amendments of 1990.
(b)Positive efforts to employ and advance qualified individuals with disabilities. Each recipient of assistance under Part B of IDEA must make positive efforts to employ, and advance in employment, qualified individuals with disabilities in programs assisted under Part B of IDEA.

7 Miss. Code. R. 34-B-300.177