In the Handicapped Children 's Protection Act of 1986 (HCPA), 20 U.S.C. § 1415(1), it requires the exhaustion of state administrative remedies under the Individuals with Disabilities Education Act (IDEA) for non-IDEA actions "seeking relief that is also available under " the IDEA. The question presented, on which the circuits have persistently disagreed, is:

Whether the HCPA commands an exhaustion of such in a suit, brought under the Americans with Disabilities Act and the Rehabilitation Act, that seeks damages —a remedy that is not available under the IDEA.

Whether the HCPA commands an exhaustion of such in a suit, brought under the Americans with Disabilities Act and the Rehabilitation Act, that seeks damages—-a remedy that is not available under the IDEA