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ERIC Number: ED473363
Record Type: Non-Journal
Publication Date: 2002-Nov
Pages: 11
Abstractor: N/A
Reference Count: N/A
Resurrection of the Eleventh Amendment: Are the Rights of Special Education Students in Jeopardy?
Villani, Christine J.; Dieterich, Cynthia A.; Burns, B. Darren
The 11th Amendment, ratified in 1798, has proved itself a great source of discussion, even confusion, among many courts in this country. Historical background on the development of the 11th Amendment and its interpretations in different cases sets the context for the rest of this paper, the theme of which involves state immunity from federal suits. Although language of the amendment preserves the sovereign immunity of the states, it is settled that this protection extends also to state agents, state instrumentalities, and regents. This extension does not, however, reach to counties and municipalities. Consequently, there are some county school districts that do not enjoy such immunity from federal suits. It remains to be seen how this split plays out in the area of lawsuits brought for alleged violations of federal law governing special education and disabled students. In the area of rights of students with disabilities, as with other federal laws, it remains to be seen whether a different but related Equal Protection issue will arise from the fact that students and parents in those several states that do not have 11th Amendment immunity may have differing access to the federal courts, depending on the varying degrees of state "consent." (RT)
Publication Type: Information Analyses; Speeches/Meeting Papers
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A