Remedy-Centered Approach In Mr. Wong's ADA Claim

Using the “remedy-centered” approach in Mr. Wong’s case would likely lead to the survival of his ADA claims, as a) they do not seek a remedy that is also available under the
IDEA, b) the claims do not fit under the three prescribed categories mentioned in Payne, and c) the ADA claims would be able to stand on their own apart from an IDEA claim. Mr. Wong seeks monetary compensation for CW’s physical and emotional injuries and attorney fees.xli As discussed above, attorney fees and compensatory monetary damages are not available under
IDEA. Mr. Wong does not seek a remedy that is also available under the IDEA.
Mr. Wong’s claims do not fall under any of the three categories, cited in Payne, that trigger IDEA exhaustion. His ADA claims 1) do not