Syllabus

Disability Rights Law Seminar (2 CREDITS) Syllabus Spring 2007

Course Description: This course will examine the rights and responsibilities arising from major federal statutes that prohibit discrimination against persons with disabilities, as well as administrative procedures, litigation rights and potential remedies. Focus will be paid to the Americans with Disabilities Act (ADA), specifically the areas of Employment (Title I), Public Accommodations (Title III) and Governmental Services and Programs (Title II), as well as the Fair Housing Act (FHA) and the Individuals with Disabilities Education Act (IDEA). Readings, discussions, and speakers will focus on the definition of disability, the requirements for making reasonable accommodations and providing effective communication, medical exams and disability- related inquiries, individualized education plans, and program access requirements.

Materials: This class will use The Law of Disability Discrimination, (5th edition) by Ruth Colker & Adam Milani, and The Law of Disability Discrimination Handbook, Statutes and Regulatory Guidance (5th edition) by Ruth Colker & Adam Milani. There will be additional materials (e.g. articles, internet materials) made available to you during the course. Whenever possible, these additional materials will be posted to the TWEN site for the Disability Rights Law Seminar Class.

Outline of Topics:

I. Introduction to Disability Rights, Chapter 1

Cases and readings as assigned

II. Americans with Disabilities Act

Overview of the Act
Covered Individuals
Cases and readings as assigned

-Employment (Title I), Chapter 3

Covered Employers
Discrimination
Reasonable accommodations and undue hardship
Defenses
Family Medical Leave Act
Cases and readings as assigned

-Public Accommodations (Title III), Chapter 6

Covered Entities
Modifications of policies, practices and procedures
Accessibility
Cases and readings as assigned

-Governmental Services and Programs (Title II), Chapter 6

Discrimination
Modifications of policies, practices and procedures
Accessibility
Integration
Cases and readings as assigned

III. Individuals with Disabilities Education Act, Chapter 4

Overview of the Act
Substantive protections - FAPE
Disciplinary Procedures
Due Process
Cases and readings as assigned

IV. Fair Housing Act, Chapter 7

Overview of Act
Discrimination
Exceptions
Reasonable Accommodations
Reasonable Modifications
Cases and readings as assigned

Class Preparation and conduct of the class: In a seminar, students are expected to be prepared for the discussion. The quality and depth of the discussion is directly related to your commitment, and level of engagement in the class. Assignments will be posted in advance so that you can be optimally prepared. The specific assignments will be posted on the TWEN site for this class.

I plan to have speakers interspersed throughout the course to speak on their experience as practitioners in some of the areas we will be discussing. The schedule for the speakers is TBA, and it will be posted on the TWEN site for this class. The inclusion of speakers is designed to deepen and broaden your understanding of the material, and provide you with a “real practice” perspective on how these laws affect clients.

Class attendance is subject to the Howard University Attendance Policy and a student who is in violation of the attendance policy prior to the last day to drop the course, will be subject to administrative withdrawal in this class. If a student exceeds the 25% limit (as indicated in the Howard University Attendance Policy) after the last day to drop a course, the student shall receive an “F” (59) as a grade for the course. Attendance is determined by circulation of an attendance sheet at the start of each class. Students are expected to arrive timely for class and to remain the entire time. Late arrivals may not be permitted to sign the attendance sheet.

You may use a laptop computer in this class to take notes. Please turn off the sound and type as quietly as possible. Turn off cell phones and pagers during class.

Please ask me in advance if you are interested in using audio, video or other means to record this class. Please note that as a general practice it is advisable to obtain permission in advance of any recording.

TWEN: We will use The West Education Network (TWEN) as a classroom web extension for this course. You are required to sign onto the Disability Rights Law (Fall 2005) course on TWEN. You will need a Westlaw password in order to sign onto the site. On TWEN you will find the course syllabus posted, all course handouts or class preparation documents, reading assignments, dates and bios for speakers, and other supplemental materials for this course.

Professional Responsibility: Each student is expected to conduct him or herself in accordance with the Academic Code of Conduct in H-Book and the Student Reference Manual.

Course Grading: In this course, your grade will be based upon two components. 1) class preparation, participation, and attendance (20%), and 2) final paper (80%). Students are expected to prepare and submit a paper on one of the topics discussed of no less than 15 and no more than 20 pages, double-spaced type-written. The maximum and minimum page lengths for this paper do not include the cover page, endnotes or appendices. All notes for your research should be included as endnotes rather than footnotes. The research paper is due on April 25, 2007. Further information regarding papers will be posted on TWEN.

ADA Procedures: Howard University is committed to providing an educational environment that is accessible to all students. In accordance with this policy, students in need of accommodations due to a disability should contact the Office of the Dean for Special Student Services for verification and determination of reasonable accommodations as soon as possible after admission to the University, or at the beginning of each semester. The Dean of Special Student Services, Dr. Barbara Williams, can be reached at (202) 238-2420 or Associate Dean Dione Duckett, Office of Student Affairs at the Law School, can be reached at (202) 806-8006.

Contact Information

E-mail: tsnelson@mdlab.org Phone: (301) 560-2165