A Remedy for a Distressing Situation: Discrimination Against Children with Disabilities in Public Education

This Comment will focus on answering [the] question: are emotional distress damages available under the ADA? First, Part II of this Comment reviews the history of statutes addressing students with disabilities and explore the unavailable remedies when schools fail to uphold their responsibilities under the IDEA, Section 504 of the Rehabilitation Act of 1973 (Section 504), and the ADA. Next, Part III argues that emotional distress damages are available under the ADA, based on the statute’s historical origin. Then, Part IV proposes several different solutions for emotional distress damages and suggest a framework for circumstances in which a claimant may seek emotional distress damages. Finally, this Comment concludes that emotional distress damages are the most viable remedy for children with disabilities who are left behind, left alone, and left forgotten.