E Mail: jkozlows@gmu.edu ** Webpage: http://mason.gmu.edu/~jkozlows/
Tel: 703 993 2027 (off campus cell 703 455 8474)
Office: Room 220A Occoquan Hall, Prince William
Office
Hours: by appointment
Exam
Dates: September 24, November 5, December 10
Video
Lectures Broadcast 4:30 to 6:30 p.m. Fridays over GMU-TV
(Tuesday broadcast repeated on Sundays 8:30 to 10:30 p.m.)
Course Schedule & Readings (subject to change)
August 27: Introduction/Overview & Legal Research on the Internet
PRLS 503 Syllabus (Course Description and Requirements)
Law Related Competencies in Therapeutic Recreation
Disability Law Materials on the Internet
U.S. Justice Dept. Americans with Disabilities Act (ADA) homepage
A Guide to Disability Rights Laws (U.S. Justice Dept. ADA homepage)
22 VAC 30 VIRGINIA DEPARTMENT OF REHABILITATIVE SERVICES
28 CFR Part 35: Non-Discrimination on the Basis of Disability in State and Local Government Services
Americans with Disabilities Act of 1990
42 U.S.C. §§ 12101 et seq.Implementing Regulations:
29 CFR Parts 1630, 1602 (Title I, EEOC)
28 CFR Part 35 (Title II, Department of Justice)
49 CFR Parts 27, 37, 38 (Title II, III, Department
of Transportation)
28 CFR Part 36 (Title III, Department of Justice)
47 CFR §§ 64.601 et seq. (Title IV, FCC)Architectural Barriers Act of 1968
42 U.S.C. §§ 4151 et seq.Implementing Regulations:
41 CFR Subpart 101-19.6Section 504 of the Rehabilitation Act of 1973, as amended
29 U.S.C. § 794Implementing Regulations for federally assisted programs,:
34 CFR Part 104 (Department of Education)Individuals with Disabilities Education Act
20 U.S.C. §§ 1400 et seq.Implementing Regulation:
34 CFR Part 300FINDING Federal Court Opinions
(1) George Mason University (2) GMU Libraries & Research (3) University Libraries Databases (4) Alphabetical list of databases: L (5) LexisNexis Academic (6) Legal Research (7) Federal Case Law
Constantine v. Rectors & Visitors of George Mason Univ., No. 04-1410 , UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT , 411 F.3d 474; 2005 U.S. App. LEXIS 11068; 16 Am. Disabilities Cas. (BNA) 1445, February 3, 2005, Argued, June 13, 2005, Decided
September 3: Americans with Disabilities Act (ADA) Overview & Self-Evaluation
ADA Requires Integration, Prohibits Stereotyped Segregation of Disabled Objectives & Review Questions
ADA Self-Evaluation, Tyler v. City of Manhattan, February 1995 NRPA Law Review
Rendon v. Valleycrest Prods. Ltd., No. 01-11197, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, 294 F.3d 1279; 2002 U.S. App. LEXIS 11941; 15 Fla. L. Weekly Fed. C 683; 13 Am. Disabilities Cas. (BNA) 404, June 18, 2002, Decided, June 18, 2002, Filed, Rehearing En Banc Denied October 25, 2002, Reported at: 2002 U.S. App. LEXIS 27593.
Disabled Rights Action Committee v. Las Vegas Events, Inc., No. 02-17163 , UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT , 375 F.3d 861; 2004 U.S. App. LEXIS 14312; 15 Am. Disabilities Cas. (BNA) 1336, December 5, 2003, Argued and Submitted , San Francisco, California, July 13, 2004, Filed
September 10: Who is "Disabled" under the Americans with Disabilities Act?
ADA CASE STUDY: STRICT ATTENDANCE POLICY FOR SCHOOL CHOIR PROMPTS ADA CLAIM Objectives & Review Questions
CORRECTIVE MEASURES RELEVANT IN DETERMINING "DISABILITY" UNDER ADA, Sutton v. United Air Lines Inc. (Sup.Ct. 1999) Objectives & Review Questions
Who are Americans with Disabilities Under Federal Civil Rights Law? Objectives & Review Questions
Dean v. Westchester County P.R.C., 03 Civ. 779 (CM) , UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK , 309 F. Supp. 2d 587; 2004 U.S. Dist. LEXIS 4887, March 18, 2004, Decided
Stewart v. Bally Total Fitness, CIVIL ACTION NO. 99-3555, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA, 2000 U.S. Dist. LEXIS 10047; 10 Am. Disabilities Cas. (BNA) 1834, July 20, 2000, Decided,
TOYOTA MOTOR MANUFACTURING, KENTUCKY, INC. v. WILLIAMS
Maddox v. University of Tennessee, 62 F.3d 843, (6th Cir. 08/21/1995)
U.S. Equal Employment Opportunity Commission: ADA Selected Enforcement Guidance & Policy
Federal Register ******* The Code of Federal Regulations
Americans with Disabilities Act of 1990 42 U.S.C. §§ 12101 et seq. Search the United States Code
Implementing Regulations: The Code of Federal Regulations
29 CFR Parts 1630, 1602 (Title I, EEOC)
28 CFR Part 35 (Title II, Department of Justice)
49 CFR Parts 27, 37, 38 (Title II, III, Department
of Transportation)
28 CFR Part 36 (Title III, Department of Justice)
47 CFR §§ 64.601 et seq. (Title IV, FCC)September 17: Public Accommodation, Reasonable Accommodation, Fundamental Change
September 24: Exam One CE6 (Blackboard Campus Edition 6)ADA CASE STUDY: PRO GOLFER'S CART "REASONABLE ACCOMMODATION" UNDER ADA? Objectives & Review Questions
MARTIN v PGA TOUR (9th Cir. 3/6/2000)
U.S. Justice Dept., Civil Rights Division, Appellate Section Amicus Brief in Martin v. PGA
ADA CASE STUDY: PRO GOLFER'S CART WOULD "FUNDAMENTALLY ALTER" NATURE OF COMPETITION UNDER ADA? Objectives & Review Questions
U.S. Justice Dept., Civil Rights Div., Appellate Section Amicus Brief in Ollinger v. U.S. Golf Asn
PERIPHERAL RULE WAIVER IS NOT "FUNDAMENTAL ALTERATION" UNDER ADA PGA Tour, Inc. v. Martin, Supreme Court of the United States 05/29/2001) . Objectives & Review Questions
CLUB REFUSES TO MODIFY LEAGUE RULES FOR DISABLED COMPETITOR Kuketz v. Petronelli, 443 Mass. 355; 821 N.E.2d 473; 2005 Mass. LEXIS 13 (2005)
U.S. Justice Dept. Americans with Disabilities Act (ADA) homepage
October 1: Direct Threat Exception under ADA
COMBAT KARATE CLASS ILLUSTRATES ADA "DIRECT THREAT" EXCEPTION, Montalvo v. Radcliffe (4th Cir. 1999) Objectives & Review Questions
Doe v. Woodford County Board of Education No. 99-5369 (6th Cir. 05/26/2000)
ADA Requires Daycare Program To Accommodate Autistic Child, Parks & Recreation. Dec 2002.
Knapp v. Northwestern University
Shultz v. Hemet Youth Pony League, Inc., 943 F. Supp. 1222 (C.D. Cal. 1996))
Johnson v. Gambrinus Company/Spoetzl Brewery, 116 F.3d 1052 (5th Cir. 1997)).
October 8: U.S. Access Board: Rulemaking & Regulations:
Access Board Issues New Guidelines for Accessible Design (7/23/04)
Department of Justice Issues Advance Notice on Update of its ADA Standards (10/5/04)
Question 46. What data source do you recommend to assist the Department in estimating the number of existing recreational areas of each type to be covered in the revised ADA Standards, categorized by such features as size, age, type, physical condition, and financial condition?
New On-Line Guides Available on Accessible Recreation Facilities (6/23/03)
Study Completed on Play Surfacing Treatments (4/22/03)
Ass'n for Disabled Ams., Inc. v. Concorde Gaming Corp., Case No. 99-1058-CIV-HIGHSMITH, UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, 158 F. Supp. 2d 1353; 2001 U.S. Dist. LEXIS 12774; 12 Am. Disabilities Cas. (BNA) 453; 14 Fla. L. Weekly Fed. D 495, August 20, 2001, Decided, August 20, 2001, Filed
ADA Accessibility Guidelines for Buildings and Facilities (ADAAG)
Americans with Disabilities Act Accessibility Guidelines; Recreation Facilities, FINAL RULE. Fed. Register September 3, 2002. This rule amends ADAAG to specifically address play areas, including play structures and equipment, including requirements for the number of accessible play components, accessible surfacing in play areas, ramp access and transfer system access to elevated structures, and access to soft contained play structures. PPT File
Access Board Summaries on accessibility guidelines for recreation facilities.
Americans with Disabilities Act Accessibility Guidelines; Recreation Facilities Rulemaking History
Americans with Disabilities Act Accessibility Guidelines; Recreation Facilities, Notice of proposed rulemaking. Federal Register July 9 , 1999. Objectives & Review Questions
Accessibility Guidelines Online Education Course
Recreation Access Rights Under the ADA By John N McGovern, JD
October 15: No Class - National Recreation and Park Association Congress, Baltimore, Maryland Oct 14-18
October 22: U.S. Access Board: Rulemaking & Regulations:
ADA Accessibility Guidelines for Buildings and Facilities (ADAAG)
A Guide to the ADA Accessibility Guidelines for Play Areas (May 2001)
Proposed Rule to be Issued (based on advisory committee report):Outdoor Developed Area Guidelines
Search the Federal Register official daily publication for rules, proposed rules, and notices of Federal agencies and organizations
October 29: Facilities Accessibility
November 5: Exam Two CE6 (Blackboard Campus Edition 6)
November 12: Access to Programs and Services
November 19: PRESCRIPTION MEDICATION POLICIES PROMPT ADA CLAIMS
Q: Our center has a policy that we will not give medication to any child. Can I refuse to give medication to a child with a disability?
A: No. In some circumstances, it may be necessary to give medication to a child with a disability in order to make a program accessible to that child. While some state laws may differ, generally speaking, as long as reasonable care is used in following the doctors' and parents' or guardians written instructions about administering medication, centers should not be held liable for any resulting problems. Providers, parents, and guardians are urged to consult professionals in their state whenever liability questions arise. http://www.usdoj.gov/crt/ada/childq&a.htm
Will the staff give out medications or handle personal care or assist with feeding?
Staff are provided with basic medication administration training and will administer medication or medical procedures with proper authorization from the Health Department and the family’s physician.
Staff will not assist with personal care/hygiene needs or feeding. Staff can facilitate a bathroom schedule upon request and help unwrap or prepare foods.
www.co.fairfax.va.us/parks/ campforms/recenter/meds.pdf
http://www.fcps.edu/Directives/R2102.pdf
www.headstartinfo.org/publications/children_cc/2act6.htm
... Requirements for administering medication to students by school personnel are
as follows: 1. The prescribed medication MUST be in the original container ...
www.evsc.k12.in.us/schoolzone/schools/cynthia/nurse/nurse.html - 8k - Cached
*MSMA SAMPLE POLICY* (MICROSOFT WORD)ADMINISTERING MEDICATION TO STUDENTS. ... Legal Reference: 20-A MRSA § 254 and
§ 4009(4). 28 CFR Part 35 (Americans with Disabilities Act of 1990). ...
www.westbrookschools.org/Policies/J%20Policies/JLCD%20Administering%20Medication%20to%20Students%20( 4-2-03).doc - View as html
JLCD 1 of 3 ADMINISTERING MEDICATION TO STUDENTS The Ellsworth School Committee ... 254
and § 4009(4) 28 CFR Part 35 (Americans with Disabilities Act of 1990) 34 ...
www.ellsworth.k12.me.us/policy/sectionj/jlcd.pdf -Davis v. Francis Howell School District, 138 F.3d 754, (8th Cir. 03/12/1998)
Any other court opinions on point? Court Opinions Web Search
R.I.P. RITALIN IN PROPORTION! THE EIGHTH CIRCUIT'S RESTRICTION ON A PARENT'S RIGHT TO HAVE SCHOOLS ACCOMMODATE THE NEEDS OF THEIR DISABLED CHILDREN: DEBORD AND DAVIS, Praveen Madhiraju, 95 Nw. U.L. Rev. 1661 (2001)
READING, WRITING AND RITALIN: THE RESPONSIBILITY OF PUBLIC SCHOOL DISTRICTS TO ADMINISTER MEDICATIONS TO STUDENTS, Rex R. Schultze, 32 Creighton L. Rev. 793 (1999)
November 26: No Class - Thanksgiving Recess
December 3: TBA
December 10: Exam Three CE6 (Blackboard Campus Edition 6)
Course Evaluations