Page:United States Statutes at Large Volume 104 Part 2.djvu/126
104 STAT. 1106 PUBLIC LAW 101-476—OCT. 30, 1990 (F) Whether guidelines should be provided to State and local educational agencies regarding their obligation to conduct an evaluation of a child suspected of having this disorder, and a description of such guidelines. (G) Who should be authorized to conduct an assessment of a child having or suspected of having the disorder and whether the assessment should be conducted by more than one individual (such as a teacher and a psychologist). (H) What provisions should be included in the definition and what additional steps, if any, not currently required by the regulations implementing part B of the Education of the Handicapped Act, should be included to ensure that racial, ethnic, and linguistic minorities are not misclassified under this definition. (c) REPORT TO COMMITTEES.— Not later than 30 days after the close of the comment period referred to in subsection G))(l), the Secretary shall transmit the public comments received in response to the Notice of Inquiry in a usable form, accompanied by a document summarizing such comments, to the Committee on Labor and Humsm Resources of the Senate and the Committee on Education and Labor of the House of Representatives. SEC. 103. ABROGATION OF STATE SOVEREIGN IMMUNITY. Part A (20 U.S.C. 1400 et seq.) is amended by inserting after section 603 the following new section: "ABROGATION OF STATE SOVEREIGN IMMUNITY 20 USC 1403. "SEC. 604. (a) A State shall not be immune under the eleventh amendment to the Constitution of the United States from suit in Federal court for a violation of this Act. "(b) In a suit against a State for a violation of this Act, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in the suit against any public entity other than a State. "(c) The provisions of subsections (a) and (b) shall take effect with respect to violations that occur in whole or part after the date of the enactment of the Education of the Handicapped Act Amendments of 1990.". SEC. 104. REPORTS, EVALUATIONS, FINDINGS, AND OTHER PROVISIONS GENERALLY APPLICABLE TO PARTS C THROUGH G. Part A (20 U.S.C. 1400 et seq.) is amended by adding at the end the following new section: "ADMINISTRATIVE PROVISIONS APPLICABLE TO PARTS C THROUGH G AND SECTION 618 20 USC 1409. "SEC. 610. (a) The Secretary shall maintain a process for developing a program plan for the implementation of each of the programs authorized under section 618 and parts C through G. The plan shall include program goals, objectives, strategies, and priorities. In conducting the process, the Secretary shall involve individuals with disabilities, parents, professionals, and representatives of State and local educational agencies, private schools, institutions of higher education, and national organizations who have interest and expertise in the program.