118 STAT. 2659 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘SEC. 603. OFFICE OF SPECIAL EDUCATION PROGRAMS. ‘‘(a) ESTABLISHMENT.—There shall be, within the Office of Spe cial Education and Rehabilitative Services in the Department of Education, an Office of Special Education Programs, which shall be the principal agency in the Department for administering and carrying out this title and other programs and activities concerning the education of children with disabilities. ‘‘(b) DIRECTOR.—The Office established under subsection (a) shall be headed by a Director who shall be selected by the Secretary and shall report directly to the Assistant Secretary for Special Education and Rehabilitative Services. ‘‘(c) VOLUNTARY AND UNCOMPENSATED SERVICES.—Notwith standing section 1342 of title 31, United States Code, the Secretary is authorized to accept voluntary and uncompensated services in furtherance of the purposes of this title. ‘‘SEC. 604. ABROGATION OF STATE SOVEREIGN IMMUNITY. ‘‘(a) IN GENERAL.—A State shall not be immune under the 11th amendment to the Constitution of the United States from suit in Federal court for a violation of this title. ‘‘(b) REMEDIES.—In a suit against a State for a violation of this title, 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 the suit against any public entity other than a State. ‘‘(c) EFFECTIVE DATE.—Subsections (a) and (b) apply with respect to violations that occur in whole or part after the date of enactment of the Education of the Handicapped Act Amendments of 1990. ‘‘SEC. 605. ACQUISITION OF EQUIPMENT; CONSTRUCTION OR ALTER ATION OF FACILITIES. ‘‘(a) IN GENERAL.—If the Secretary determines that a program authorized under this title will be improved by permitting program funds to be used to acquire appropriate equipment, or to construct new facilities or alter existing facilities, the Secretary is authorized to allow the use of those funds for those purposes. ‘‘(b) COMPLIANCE WITH CERTAIN REGULATIONS.—Any construc tion of new facilities or alteration of existing facilities under sub section (a) shall comply with the requirements of— ‘‘(1) appendix A of part 36 of title 28, Code of Federal Regulations (commonly known as the ‘Americans with Disabil ities Accessibility Guidelines for Buildings and Facilities’); or ‘‘(2) appendix A of subpart 101–19.6 of title 41, Code of Federal Regulations (commonly known as the ‘Uniform Federal Accessibility Standards’). ‘‘SEC. 606. EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES. ‘‘The Secretary shall ensure that each recipient of assistance under this title makes positive efforts to employ and advance in employment qualified individuals with disabilities in programs assisted under this title. ‘‘SEC. 607. REQUIREMENTS FOR PRESCRIBING REGULATIONS. ‘‘(a) IN GENERAL.—In carrying out the provisions of this title, the Secretary shall issue regulations under this title only to the extent that such regulations are necessary to ensure that there is compliance with the specific requirements of this title. 20 USC 1406. 20 USC 1405. 20 USC 1404. 20 USC 1403. 20 USC 1402.
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