ADA Title II Handbook

                                                                                                                                                                                                                                              AMERICANS WITH  DISABILITIES  HANDBOOK  TITLE II – STATE AND LOCAL GOVERNMENT AND THE    ACCESSIBILITY PROVISIONS OF 2010 ADA STANDARDS  Vicki Stewart, ADA County Coordinator  ORANGE COUNTY CEO RISK MANAGEMENT  1 | P a g e   

  TABLE OF CONTENTS 1. Introduction …………………………………………… 3 2. Purpose ………..………….............................................. 3 3. The Business of Complying With ADA Title II ……... 4 4. ADA Title II Factors …………………………………… 4 5. Mandates …………………………………..…………… 12 6. Definitions ……………………………………………… 19 7. Appendages …………………………………………….. 24 2 | P a g e   

  ADA TITLE II HANDBOOK What is the Americans With Disabilities Act?INTRODUCTION:The Americans With Disabilities Act (ADA) was signed into Federal law on July 26, 1990, by President GeorgeH. W. Bush. The intent was to make the Country a much more accessible place for people with physicallimitations. Regulations set requirements and established enforcement procedures for ADA and defines disabilityas a physical or mental impairment that substantially limits one or more major life activities, a person who has ahistory or record of such impairment, or a person who is perceived by others as having such impairment.The County Board of Supervisors adopted a County policy for Compliance with Title II of the ADA. Theapproved policy statement prohibits disability based discrimination in the operation of County programs, services,and activities, and conforms to the regulatory guidelines issued by the Department of Justice.PURPOSE:How Does The County Implement ADA Compliance and Who Is Responsible?Consistent with County policy, people with disabilities are to fully participate in and benefit from all Agencies andDepartments. ADA Title II is implemented by the County ADA Title II Coordinator who oversees and enforcesthe County’s compliance efforts. The County ADA Title II Coordinator is responsible for assuring that allegedviolations of ADA Title II are investigated promptly, thoroughly, and equitably. Also, the County’s ADA Title IICoordinator communicates with persons who have disabilities as “equally/effectively” as one would communicatewith persons without disabilities and takes all reasonable steps to mitigate complaints.Furthermore, each Agency/Department Head is required to designate an ADA Title II Coordinator to provideassistance to the County ADA Title II Coordinator to ensure that Federal, State and Local accessibilityrequirements are adhered to; and structural changes within their Agency/Department are in accordance with thecurrent ADA Title II Standards for new construction, alterations, and modifications.To better understand the process and appropriate compliance requirements regarding accessibility for disabledindividuals this handbook addresses how complaints (see Complaint Procedures in Appendage), concerns,recommendations, or request for accommodation regarding barriers to public access to any County programs,services or activities are implemented. 3 | P a g e   

 THE BUSINESS OF COMPLYING WITH ADA TITLE II:Efficient collaboration with the Disabled in need of Public Services provided by County Agencies/Departments isthe business rule for complying with ADA Title II Standards. The impact of complying and implementing ADATitle II Standards are challenging and interface with how we manage our business which proves to be timeconsuming, places a drain on valuable resources, increases costs due to compliance demands, and is viewed asdiverting attention from core business goals. However, new regulations resulted in necessary changes in ourbusiness processes that increase efficiency and promote strategic business objectives in the way we providepersons with disabilities better access to our facilities, programs, and activities.Complainants and their concerns are to be addressed in a timely manner by the County ADA Title II Coordinatoror the Agency/Department ADA Title II Coordinator as noted in the Complaint Procedures (see Appendage D).As ADA Title II Coordinators, we recognize that Complainants can directly file claims with the appropriateFederal compliance agency, or file a private lawsuit at any time during the process. To further our compliancebest practices, training is provided to Agency/Department ADA Title II Coordinators to update them on currentADA Title II issues and make them aware of specialized ADA Title II professionals that are available for services.Training can be extended by the Agency/Department ADA Title II Coordinators to their Supervisors and staff toensure that they are also knowledgeable of required public accessibility standards and services for the disabled.Better awareness and educational efforts allow for better proactive compliance measures in the event of anyalleged non-compliance disability complaints. We know that “Disability Laws Are Not Enough to CombatDiscrimination”.ADA TITLE II FACTORS:What is a “Reasonable Accommodation”? - AnythingA reasonable accommodation provides for a safe environment. Accommodations should be explored, researched,and discussed to identify/determine barriers and resolutions for the disabled to access public services, programs,and activities.How do we meet the accessibility requirements?Program accessibility can be met by providing access to facilities through structural alterations of existingfacilities and acquisition or construction of additional facilities. Consideration must be given to methods that areappropriate for integrated settings (i.e. serve individuals with mobility impairments on the ground floor of a publicagency instead of the second floor).Are there particular design standards that apply when making structural changes to provide programaccessibility?Yes, there are two design standards for new construction and alterations that are required when making programaccessibility structural changes. The 2010 ADA Standards For Accessible Design (State and Local Government –ADA Title II) which are very different than the previous ADAAG, and California’s adoption of the 2010Standards into Chapter 11B of the California Building Code (CBC) as a base document. The incorporation of theseprovisions and adoption by California resulted in more stringent and stable accessibility requirements. 4 | P a g e   

 Are there limitations on program accessibility requirements?Yes, if a County Agency/Department demonstrates that the fundamental alteration for its program or activitywould result in an undue financial/administrative burden. Program accessibility that is not reasonable is usuallydetermined on case by case circumstances (i.e., unexpected capital project expenditure, or reduction/elimination ofState program funding). This determination can only be made by the Agency/Department Head who must submitto the CEO, a written statement of the reasons for reaching the conclusion.Do all documents have to be in a “required’ format to meet the requirement for effective communication?No, the requirement for effective communication means that a public entity must ensure that its communicationswith individuals with disabilities are as effective as communications with others by making available appropriateauxiliary aids and services. For example, individuals with vision impairments can benefit from magnifying lenses,qualified readers, oral directions, taped texts, Brailed materials, or large print materials.To ensure effective communications for individuals that are deaf or hard of hearing, appropriate auxiliary aids andservices include qualified interpreters, note takers, computer-aided transcription services, written materials,telephone handset amplifiers, assistive listening systems, telephones compatible with hearing aids, closed captiondecoders, open and closed captioning, telecommunications devices for deaf persons (TDD’s) or telephone relayservices, videotext displays, and exchange of written notes. Auxiliary aid or services will vary in accordance withthe length and complexity of the communication involved.Who has responsibility for ADA compliance in leased places of public accommodation, the landlord or thetenant?While either or both can be sued, the ADA places the legal obligation to remove barriers, provide auxiliary aidsand services, and maintain compliance of accessible features at a place of public accommodation on both thelandlord and the tenant. The landlord and the tenant may specify within the contractual terms of the lease who isresponsible for which areas of the facility, but both remain legally responsible.Landlords (lessors) are required to disclose on every lease form or rental agreement executed on or after July 1,2013, whether the property being leased or rented has undergone inspection by a CASp, and, if so, whether theproperty has or has not been determined to meet all applicable construction-related accessibility standards.The Chief Real Estate Officer or designee will collaborate with the Agency/Department, County Counsel, andLessor on the development of a Facility Lease Contract, and make recommendations of the agreement to the Boardof Supervisors for approval.What is a CASp and Why Should You Utilize One?A Certified Access Specialist (CASp) is a professional who has passed an examination and has been certified bythe State of California to have specialized knowledge of the applicability of state and federal construction-relatedaccessibility standards. A CASp can be used for ADA Title II assessments for new facility construction, oralterations and modifications. A CASp will know which standards apply based on the age of the facility and itshistory of improvements. While a licensed design professional, such as an architect or engineer, can provide anaccess compliance evaluation of the facility, only a CASp can provide services that offer \"qualified defendant\"status in a construction-related accessibility lawsuit. The “qualified defendant” status is only provided if aninspection of the facility, a report from a CASp, and a compliance schedule is in place before a construction-related accessibility claim is filed. The benefits are: 5 | P a g e   

   Reduced statutory damages  90-day stay of court proceeding and an early evaluation conference.  An inspection by a CASp and following the schedule of improvements demonstrates the intent to be in complianceWhat Are Website Accessibility Requirements?Today, more information is accessed via the website. ADA Title II website accessibility standards help to ensurethat individuals with disabilities have access to public programs, services, and activities on a more routine basis.Assistive technology can be applied to computers to remove barriers for disabled individuals with low vision,hearing issues, and limited dexterity. Two common technologies are screen readers, which speaks the text as itappears on the computer display; and refreshable Braille display that electronically translates text into Braillecharacters that can be read by touch. These technologies cannot interpret photographs, charts, color-codedinformation, or other graphic elements on a webpage. However, the solution is to add a text equivalent to everyimage (i.e., add a line of HTML code to provide text for each image and graphic). Also, documents should beposted in alternative text-based format such as HTML or RTF (Rich Text Format) in addition to PortableDocument Format (PDF) so they are accessible to blind people or people with low vision.Agencies/Departments in-house IT staff and IT contractors shall consult with CEO/IT to maintain websitecompliance when updating webpages to ensure that their website changes are accessible and meet ADA Title IIrequirements (i.e., when images change, the text equivalents in “alt” tags and long descriptions need to be changedso they match the new images).Who Is Responsible For Training/Education?There is a continued need to educate colleagues about disabilities (especially for individuals experiencingbehavioral health factors). The County ADA Title II Coordinator provides annual and specialized trainingopportunities for Agency/Department ADA Title II Coordinators to increase their knowledge, allow for interactivediscussions, and experience presentations from professionals on disability issues and developing regulations.Training methods are focused on current and future ADA Title II initiatives.What are the Designated Agency/Department ADA Title II Coordinators primary responsibilities?Designated Agency/Department Coordinators support the County ADA Title II Coordinator with enforcingaccessibility requirements and provide reasonable accommodations to disabled individuals. Responsibilities arebut not limited to: 1. Posting The Americans With Disabilities Act of 1990 Non-Discrimination Notice in their facility(s) where the public has access, The ADA Notice states that the County does not discriminate on the basis of disability. Notice is available online Intra OC, Collaboration Risk Management Forms and Resources at https://ocgov.sharepoint.com/Collab/SvcAreas/GRC/Risk/Pages/ADAOtherDocuments.aspx 2. Upon receipt of a complaint by telephone or in writing, the Agency/Department ADA Title II Coordinator shall use the ADA Title II Complaint Form to record the information in writing (Complaint Form is on-line under Collaboration Risk Management Forms and Resources). 3. If the information provided by the complainant is insufficient, the Complaint Form should be returned to the complainant and request his/her completion. When the form is returned by the complainant, the information should be logged in immediately with an Initiation Date. 6 | P a g e   

  4. If the complainant’s information is sufficient without using the form, the Agency/Department ADA Title II Coordinator can fill out the minimum information on the Complaint Form. 5. Immediately if presented in person or otherwise, within 15 days, of receiving the complaint and/or completed form, it is acknowledged by sending the complainant a copy of the ADA Title II Complaint Form with the “Form received by” line completed and dated. 6. After review and assessment of the complaint at the departmental level with program staff within 15 days of the initiation date, the Agency/Department Title II Coordinator can collaborate with the County ADA Title II Coordinator and if necessary consult with OCPW Construction/Architecture and Engineering, and their Agency/Department County Counsel. 7. If it is determined that no problem exists with public access to County programs/service, the complainant is advised in person, by phone/mail within 30 days of the initiation date. A report is made to the County ADA Title II Coordinator for record maintenance. 8. If it is determined that problems exist, resolution options are determined and presented to the complainant within 30 days of the initiation date, in person, by phone/mail as is most appropriate. The complainant is advised to respond to the options within 15 days. 9. Upon notification by the complainant that the proposal is rejected to or a request to appeal the decision is submitted, the Agency/Department ADA Title II Coordinator will contact the County ADA Title II Coordinator for review. 10. If one or more of the proposed resolution options are accepted by the complainant, the Agency/Department ADA Title II Coordinator sends a complete report to the County ADA Title II Coordinator. 11. If an acceptable solution is considered to be an “Undue Burden/Hardship” for the Agency/Department the issue is submitted to the County ADA Title II Coordinator. 12. If the Agency/Department determines that the complaint should remain at their level for further investigation, a confirmation of this decision shall be sent to the County ADA Title II Coordinator. 13. If the County ADA Title II Coordinator conducts a further investigation of the complaint, the Agency/Department ADA Title II Coordinator will notify the complainant of the status in person, by phone/mail; and the entire file will be sent to the County ADA Title II Coordinator. 14. The Agency/Department ADA Title II Coordinator will log and maintain all complaints and resolutions. Upon request by the County ADA Title II Coordinator, the Agency/Department ADA Title II Coordinator submits a report utilizing the Quarterly ADA Title II Complaint Report Form to the County ADA Title II Coordinator, and describes any/all complaints or issues that were received relating to access to their ADA program or services. This report applies to and identifies any issues/incidents/barriers to public service(s) in leased/owned facilities, or request for accommodation within the County Agencies/Departments and resolutions. The information will be maintained electronically by the County ADA Title II Coordinator in the event complaints are required for an investigation, audit or subpoenaed. 7 | P a g e   

 County ADA Title II CoordinatorThe County ADA Title II Coordinator has corporate oversight relative to Agency/Department implementation ofprograms to secure compliance with ADA II, and is supported by designated Agency/Department ADA Title IICoordinators. When a complaint is submitted directly to the County ADA Title II Coordinator regarding publicaccess to county program(s) or service(s), the following applies: 1. If the County ADA Title II Coordinator is contacted by telephone, mail or in person with information siting an issue or concern regarding ADA Title II, the complaint will be entered into the County ADA Title II Coordinator’s Log/Complaint Form (including paperwork). A determination will be made by the County ADA Title II Coordinator to forward the complaint to the Agency/Department Coordinator. If appropriate, the complainant will be advised of that action and receive a copy of the Complaint Form. 2. If the complaint is received by mail with insufficient information, the County ADA Title II Coordinator will send the complainant a Complaint Form with instructions to complete with additional information and return. Upon receipt of the Complaint Form, the County ADA Coordinator will review and determine if the complaint should be forwarded to the Agency/Department ADA Title II Coordinator. 3. If the County ADA Title II Coordinator determines that the complaint is a matter for the County EEO Office for compliance with ADA I, after consultation, the complaint will be forwarded and the complainant advised by mail of the transfer and County EEO Office responsibility. 4. If the complaint has been appealed or referred from an Agency/Department, the County ADA Title II Coordinator will review the information, all related documents and records, and analyze within 30 days. If necessary, technical assistance can be requested for the services of OCPW Construction/A & E, County Counsel or County EEO. 5. After the County ADA Title II Coordinator reviews an appealed complaint, determines that the Agency/Department has conducted a thorough investigation, and is in agreement with the findings, a letter is sent to the complainant stating the decision. A copy of the letter is also sent to the Agency/Department. 6. When the County ADA Title II Coordinator does not agree with the Agency/Department findings, a new investigation/appeal review is conducted in conjunction with the Agency/Department ADA Title II Coordinator. Proposed findings and solutions will be discussed and once finalized and accepted, a letter will be sent to the complainant. 7. If the Agency/Department does not agree/accept the County ADA Title II Coordinator’s proposed solution(s) due to undue hardship, fundamental alteration of the program, or requiring costly building modifications, a case conference with the Agency/Department Head or designee and the Risk Manager will be held. If there are unresolved legal or technical physical issues, County Counsel and/or OCPW Construction/A&E, or other resources will be included. 8. If agreement on a solution is not obtained through the case conference, the matter will be referred to the County Executive Officer for final decision. 8 | P a g e   

  9. The County ADA Title II Coordinator prepares a written report with reasons for any declarations of “undue hardship or financial burden” which must be approved by the County Executive Officer or designee. A declaration that the proposed modification(s) would cause a “fundamental alteration to a program” must be approved by the Agency/Department Head. 10. The County ADA Title II Coordinator prepares and sends the final response letter to the complainant explaining the findings of the investigation and solutions, if any, that will be implemented. Copies will be sent to the Agency/Department Head and all other involved parties. 11. The County ADA Title II Coordinator through the Agency/Department ADA Title II Coordinator will monitor the implementation of any/all required solutions. 12. If the appropriate parties involved fail to implement the agreed upon solutions, the County ADA Title II Coordinator will contact the appropriate Agency/Department Head. 13. If the Agency/Department Head disputes the need for implementing the solution, the County ADA Title II Coordinator will notify the Risk Manager.External Compliance Complaint ProcessWhen a complainant from an external compliance agency experiences or perceives the existence of abarrier/access to a County program or service, and files a complaint, the following applies: 1. All complaints from a complainant who files within 180 days of an alleged discriminatory act with any one of the federal agencies such as the Department of Agriculture, Department of Education, Department of Health and Human Services, Department of Housing and Urban Development, Department of Interior, Department of Justice, Department of Labor or Department of Transportation are to be handled by the County ADA Title II Coordinator. 2. If a complaint from any/all of these external agencies is received by an Agency/Department ADA Title II Coordinator, it shall be forwarded to the County ADA Title II Coordinator immediately. 3. Upon receipt of the complaint, the County ADA Title II Coordinator has 4 days to notify the Agency/Department charged with discrimination by letter requesting necessary information to conduct the investigation. The information is to be submitted to the County ADA Title II Coordinator by the Agency/Department within 14 days. 4. If the County ADA Title II Coordinator determines that physical accessibility issues are involved, OCPW may also be requested to supply data/information within 14 days. 5. If the County ADA Title II Coordinator determines that it is appropriate, a case conference can be called with the CEO or designee, Risk Manager, County Counsel, OCPW, and the Agency/Department Head or designee. 9 | P a g e   

  6. Upon receipt of the requested data, the County ADA Title II Coordinator reviews for accuracy and completeness, and sends the information to the federal compliance agency with a cover letter. 7. Should the federal compliance agency request additional information or subpoena for confidential information, the County ADA Title II Coordinator will coordinate and obtain the information in conjunction with the effected Agency/Department and County Counsel. Following the review with the Agency/Department, County Counsel, and the Risk Manager, the requested information is then forward to the federal compliance agency. 8. Should the federal compliance agency representative(s) request an interview or negotiation; the County ADA Title II Coordinator will arrange appointments with agency/department staff if necessary. 9. The County ADA Title II Coordinator will accompany federal compliance agency representatives to all on- site interviews to ensure appropriate access to information and treatment of county employees. 10. The County ADA Title II Coordinator will act as a liaison for the County in any settlement negotiation if discrimination is found by the federal compliance agency.FORMSDisability Compliance DocumentsIn order to be compliant with ADA Title II, several documents are available on – line to mitigate discrimination onthe basis of disability relative to County programs and services. Agency/Department ADA Title II Coordinatorsare encouraged to utilize these documents in their facilities or when complaints/issues are alleged against theCounty.ADA Title II, Public Access to Programs and Services Complaint FormIf an individual(s) experiences a problem with accessing any County program/services due to a physical barrierrelative to ADA Title II, the Complaint Form should be submitted within 90 days of the occurrence of theproblem. A detailed explanation of the problem as to why the benefit of service was not obtainable due to adisability should be printed or typed on the Complaint Form (follow instructions on form). Complaint Form isonline at: https://ocgov.sharepoint.com/InfoCentral/ResLib/Forms/CEO%20-%20Risk/ADA%20COMPLAINT%20FORM.pdfAfter completion, the Complaint Form can be given to any receptionist or county employee at the facility locationwhere the problem/issue occurs. Complaint Forms can also be mailed to: Designated Agency/Department ADA Title II Coordinator County ADA Title II Coordinator at 600 W. Santa Ana Blvd., Suite 104 Santa Ana, CA 92701, faxed at 714- 285-5599, or TDD at 714-285-5590If a person is unable to use the Complaint Form due to their disability, an alternate means of filing a complaint canbe arranged. All complaints mailed directly to the County ADA Title II Coordinator will be forwarded to theappropriate Agency/Department for resolution. 10 | P a g e   

 Under Title II, the Plaintiff must prove:  He/she is a qualified individual with a disability  He/she was excluded from or denied the benefits of the public agencies programs or services  The exclusion or denial arose solely out of his or her disability Americans With Disabilities Act Non-Discrimination Notice Officially, § 35.106 -Notice states: A public entity shall make available to applicants, participants, beneficiaries, and other interested persons information regarding the provisions of this part and its applicability to the services, programs, or activities of the public entity, and make such information available to them in such manner as the head of the entity finds necessary to apprise such persons of the protections against discrimination assured them by the Act and this part. The County of Orange posts The Americans With Disabilities Act of 1990 Non-Discrimination Notice wherever the public may go. The notice states that the County of Orange does not discriminate on the basis of disability on admission to access to, or the operation of its programs, services, benefits or activities. Questions, complaints or requests for additional information regarding the ADA may be addressed to the Agency/Department ADA Coordinator (name noted), or the County ADA Coordinator (name noted). Also, it states that the County ADA Coordinator will assure that all complaints are investigated promptly and fairly, and complaints must be filed within ninety (90) days of the last alleged occurrence of discrimination. The County ADA Title II Coordinator makes this notice available on-line at https://ocgov.sharepoint.com/Collab/SvcAreas/GRC/Risk/Documents/ADA_Discrimination_Notice.pdf and requires the Agency/Department ADA Title II Coordinators to ensure that it is posted in all of their County locations. 11 | P a g e   

  ADA TITLE II State and Local Mandates: ADA TITLE I EmploymentADA TITLE III ADA TITLE IVAccommodations Telelcommunications & Access Services ADA TITLE I - Applies to employment. Prohibits private employers, State and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. Covers employers with 15 or more employees and also applies to employment agencies and to labor organizations. Enforced by U.S. Equal Employment Opportunity Commission – Disability Discrimination ADA TITLE II - Applies to State and local government entities, and, in subtitle A, protects qualified individuals with disabilities from discrimination on the basis of disability in services, programs, and activities provided by State and local government entities. Title II extends the prohibition on discrimination established by section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, to all activities of State and local governments regardless of whether these entities receive Federal financial assistance. Contains no “grandfathering” provisions. For facilities constructed before January 26, 1992, the ADA requires public accommodations to remove barriers if “readily achievable to do so”. All new construction, additions, or alterations to public accommodations must meet the accessibility provisions of the 2010 ADA Standards and currently enforced California Building Code. ADA TITLE III – Applies to public accommodations and services operated by private entities (i.e. private entities that own, operate, lease, or lease to places of public accommodation). Commercial facilities, and private entities that offer certain examinations and courses related to educational and occupational certification. ADA TITLE IV – Applies to telecommunications access. Telecommunications relay services are required for hearing-impaired and speech impaired individuals. 12 | P a g e   

  Transition Plan – Self Evaluation (County Owned and Leased Facilities, Beaches and Parks)  The County engaged in a self-assessment after the passage of the ADA, and evaluated its then current services, policies and practices and the effects of the same. Any policies or practices that did not meet the requirements of ADA II had to be modified to so meet the ADA requirements. If any physical barriers existed, a determination was required to the resultant issues of accessibility through changes in the way programs and services are provided; or if actual physical structural changes are required; or auxiliary aids need to be offered.  The assessment included the review of all County buildings and grounds, in order to make the determination whether applicable ADA requirements were being met. The transition plan contained a list of the physical barriers that limit accessibility to programs, services and activities and detailed methods to be utilized to remove such barriers to achieve compliance.  The Transition Plan included specific architectural elements in need of modification and timelines for their completion. A Public Review copy of the ADA Title II Transition Plan was made available in selected libraries for public review and shared with the community in a series of five public hearings in April 2000. The Board of Supervisors unanimously approved the Transition Plan on August 15, 2000. 2010 Standards and Guidelines The specific details and requirements are now set forth in the ADA Regulations as published in 2010, 28 Code of Federal Regulations, Part 35, Section 35.105. Part 35 is entitled: “Nondiscrimination on the Basis of Disability in State and Local Government Services.” State and local government facilities must follow the requirements of the 2010 Standards, including both the Title II regulations at 28 CFR 35.151; and the 2004 ADAAG at 36 CFR part 1191, appendices B and D. In the few places where requirements between the two differ, the requirements of 28 CFR 35.151 prevail. Compliance Date for Title II If the start date for construction is on or after March 15, 2012, all newly constructed or altered State and local government facilities must comply with the 2010 Standards. Before that date, the 1991 Standards (without the elevator exemption), the Standards or Uniform Federal Accessibility Standards (UFAS), or the 2010 Standards may be used for such projects when the start of construction commences on or after September 15, 2010. 13 | P a g e   

  2010 Major Highlights: Safe Harbor  Existing Facilities – A facility in compliance with the 1991 Standards or Uniform Federal Accessibility Standards (UFAS) are not required to make changes to meet the 2010 Standards.  “Safe Harbor” applies on an element-by-element basis and remains in effect until a decision is made to alter a facility for reasons other than the ADA (i.e., restriping a parking lot is an alteration and then must meet the 2010 Standards ratio of van accessible spaces, one out of every six accessible spaces must be van accessible). Mobility Devices Wheelchairs and Other Power-Driven Mobility Devices (a two-tiered approach that distinguishes between wheelchairs and “other power driven mobility devices”)  Segway PT is considered by individuals with disabilities as their mobility device of choice  “Other power-driven mobility devices must be permitted to be used unless it can be demonstrated that such use would fundamentally alter the County’s programs, services, or activities, create a direct threat or create a safety hazard” Effective Communications “Communication Disabilities”, individuals who have vision, hearing, or speech disabilities  Title II requires the County to communicate effectively with individuals who have communication disabilities (including rules that became effective on March 15, 2011).  Auxiliary aids and services must be provided when needed to communicate effectively with individuals who have communication disabilities  The “Key” is to consider the nature, length, complexity, and context of the communication and the person’s normal method (s) of communication  Rules apply not only to individuals with communication disabilities receiving services but to the individual’s parent, spouse, or companion in appropriate circumstances  Individuals with communication disabilities can be assisted by using “auxiliary aids and services”  A “qualified” reader can assist individuals who are blind, have vision loss, or are deaf-blind by reading effectively accurately and impartially, using any necessary specialized vocabulary (includes industry- specific terms, acronyms, and ordinary words that are used with special meaning)  Provide information in large print 14 | P a g e   

   Braille  Electronically – A computer screen-reading program, or audio recording of printed information  A qualified note taker, sign language interpreter, oral interpreter, cued-speech interpreter, tactile interpreter, real-time captioning, written materials, printed script, stock speech (used on tours) can assist individuals who are deaf, have hearing loss, or are deaf-blind  Individuals with speech disabilities can be assisted by providing a qualified speech - to – speech trans iterators (a person trained to recognize unclear speech and repeat it clearly)  Other technologies include : assistive listening systems and devices, open captioning, closed captioning, real-time captioning, and closed caption decoders and devices, telephone handset amplifiers, hearing-aid compatible telephones, text telephones (TTYs), and free nationwide telecommunications relay service (TRS) reached by calling 7-1-1  Video relay service (VRS) is a free subscriber - based service for sign language users that have videophones, smart phones, or computers with video communication capabilities  Video remote interpreting (VRI) is a fee based service that uses video conferencing technology to access an off-site interpreter for conversations between hearing people and people who are deaf or have hearing loss (if chosen, specific performance standards must be met) Path of Travel (Disproportionality of Alterations/Modifications/Accessibility)  This concept is set forth in the Regulations in Subpart D, Program Accessibility, and deals with the general rule of program accessibility, existing facilities, new construction and alterations.  This is a recurring issue for the County, at least as far as complainants are concerned. The general rule is set forth in Section 35.149: Except as otherwise provided in § 35.150, no qualified individual with a disability shall, because a public entity's facilities are inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity. 28 C.F.R. § 35.149  Section 35.150 states in pertinent part: A public entity is not required to make each of its existing facilities accessible and usable by persons with disabilities. It does not require any action that would threaten or destroy the historic significance of an historical property. It does not require a public entity to take any action “it can demonstrate” would result in the fundamental alternation in the nature of a service, program or activity or in undue financial and administrative burdens.  Section 35.151 states in pertinent part: (a) Design and construction. (1) Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction was commenced after January 26, 1992. (2) Exception for structural impracticability. (i) Full compliance with the requirements of this section is not required where a public entity can demonstrate that it is structurally impracticable to meet the requirements. Full compliance will be considered structurally impracticable only in those rare circumstances when the unique characteristics of terrain prevent the incorporation of accessibility features. (b) Alterations. 15 | P a g e   

  (1) Each facility or part of a facility altered by, on behalf of, or for the use of a public entity in a manner that affects or could affect the usability of the facility or part of the facility shall, to the maximum extent feasible, be altered in such manner that the altered portion of the facility is readily accessible to and usable by individuals with disabilities, if the alteration was commenced after January 26, 1992. (2) The path of travel requirements of § 35.151(b) (4) shall apply only to alterations undertaken solely for purposes other than to meet the program accessibility requirements of § 35.150. (4) Path of travel. An alteration that affects or could affect the usability of or access to an area of a facility that contains a primary function shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered area and the restrooms, telephones, and drinking fountains serving the altered area are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless the cost and scope of such alterations is disproportionate to the cost of the overall alteration  Primary function. A “primary function” is a major activity for which the facility is intended. Areas that contain a primary function include, but are not limited to, the dining area of a cafeteria, the meeting rooms in a conference center, as well as offices and other work areas in which the activities of the public entity using the facility are carried out.  (A) Mechanical rooms, boiler rooms, supply storage rooms, employee lounges or locker rooms, janitorial closets, entrances, and corridors are not areas containing a primary function. Restrooms are not areas containing a primary function unless the provision of restrooms is a primary purpose of the area, e.g., in highway rest stops.  (B) For the purposes of this section, alterations to windows, hardware, controls, electrical outlets, and signage shall not be deemed to be alterations that affect the usability of or access to an area containing a primary function. • ii) A “path of travel” includes a continuous, unobstructed way of pedestrian passage by means of which the altered area may be approached, entered, and exited, and which connects the altered area with an exterior approach (including sidewalks, streets, and parking areas), an entrance to the facility, and other parts of the facility.  (A) An accessible path of travel may consist of walks and sidewalks, curb ramps and other interior or exterior pedestrian ramps; clear floor paths through lobbies, corridors, rooms, and other improved areas; parking access aisles; elevators and lifts; or a combination of these elements.  (B) For the purposes of this section, the term “path of travel” also includes the restrooms, telephones, and drinking fountains serving the altered area.  (iii) Disproportionality. (A) Alterations made to provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds 20% of the cost of the alteration to the primary function area. (B) Costs that may be counted as expenditures required to provide an accessible path of travel may include: (1) Costs associated with providing an accessible entrance and an accessible route to the altered area, for example, the cost of widening doorways or installing ramps; (2) Costs associated with making restrooms accessible, such as installing grab bars, enlarging toilet stalls, insulating pipes, or installing accessible faucet controls; 16 | P a g e   

  (3) Costs associated with providing accessible telephones, such as relocating the telephone to an accessible height, installing amplification devices, or installing a text telephone (TTY); and (4) Costs associated with relocating an inaccessible drinking fountain. (iv) Duty to provide accessible features in the event of disproportionality.  (A) When the cost of alterations necessary to make the path of travel to the altered area fully accessible is disproportionate to the cost of the overall alteration, the path of travel shall be made accessible to the extent that it can be made accessible without incurring disproportionate costs.  (B) In choosing which accessible elements to provide, priority should be given to those elements that will provide the greatest access, in the following order-- • (1) An accessible entrance; • (2) An accessible route to the altered area; • (3) At least one accessible restroom for each sex or a single unisex restroom; • (4) Accessible telephones; • (5) Accessible drinking fountains; and • (6) When possible, additional accessible elements such as parking, storage, and alarms. (v) Series of smaller alterations.  (A) The obligation to provide an accessible path of travel may not be evaded by performing a series of small alterations to the area served by a single path of travel if those alterations could have been performed as a single undertaking.  (B)(1) If an area containing a primary function has been altered without providing an accessible path of travel to that area, and subsequent alterations of that area, or a different area on the same path of travel, are undertaken within three years of the original alteration, the total cost of alterations to the primary function areas on that path of travel during the preceding three year period shall be considered in determining whether the cost of making that path of travel accessible is disproportionate. (2) Only alterations undertaken on or after March 15, 2011 shall be considered in determining if the cost of providing an accessible path of travel is disproportionate to the overall cost of the alterations. Service Animals – Defined as a dog trained to do work/perform tasks for individuals with disabilities (ADA Title II and III); and Miniature Horses Works or tasks performed by Service Animals include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs (Support or Therapy Animals) whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA. Therapy animals provide companionship, relieve loneliness, and sometimes help with depression, anxiety, and certain phobias, but do not have special training to perform tasks that assist people with disabilities. 17 | P a g e   

  §35.136 SERVICEANIMALS  a) General. Generally, a public entity shall modify its policies, practices, or procedures to permit the use of a service animal by an individual with a disability. b) Exceptions. A public entity may ask an individual with a disability to remove a service animal from the premises if – (1) The animal is out of control and the animals handler does not take effective action to control it; or (2) The animal is not housebroken. c) If an animal is properly excluded. If a public entity properly excludes a service animal under §35.136(b), it shall give the individual with a disability the opportunity to participate in the service, program, or activity without having the service animal on the premises. d) Animal under handler’s control. A service animal shall be under the control of its handler. A service animal shall have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal’s safe, effective performance of work or tasks, in which case the service animal must be otherwise under the handler’s control (e.g., voice control, signals, or other effective means). e) Care or supervision. A public entity is not responsible for the care or supervision of a service animal. f) Inquiries. A public entity shall not ask about the nature or extent of a person’s disability, but may make two inquiries to determine whether an animal qualifies as a service animal. A public entity may ask if the animal is required because of a disability and what work or task the animal has been trained to perform. A public entity shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal. Generally, a public entity may not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a person’s wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability). g) Access to areas of a public entity. Individuals with disabilities shall be permitted to be accompanied by their service animals in all areas of a public entity’s facilities where members of the public, participants in services, programs or activities, or invitees, as relevant, are allowed to go. h) Surcharges. A public entity shall not ask or require an individual with a disability to pay a surcharge, even if people accompanied by pets are required to pay fees, or to comply with other requirements generally not applicable to people without pets. If a public entity normally charges individuals for the damage they cause, an individual with a disability may be charged for damage caused by his or her service animal.         18 | P a g e   

  i) Miniature Horses (1) Reasonable modifications. A public entity shall make reasonable modifications in policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability. (2) Assessment factors. In determining whether reasonable modifications in policies, practices, or procedures can be made to allow a miniature horse into a specific facility, a public entity shall consider - j) i) The type, size, and weight of the miniature horse and whether the facility can accommodate these features (Miniature horses generally range in height from 24 inches to 34 inches measure to the shoulders and generally weigh between 70 and 100 pounds); k) (ii) Whether the handler has sufficient control of the miniature horse; l) (iii) Whether the miniature horse is housebroken; and m) (iv) Whether the miniature horse’s presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation. n) (3) Other requirements. Paragraphs 35.136 (c) through (h) of this section, which apply to service animals, shall also apply to miniature horses.DEFINITONS§ 35.104 Definitions.For purposes of this part, the term—1991 Standards means the requirements set forth in the ADA Standards for Accessible Design, originallypublished on July 26, 1991, and republished as Appendix D to 28 CFR part 36.2004 ADAAG, ADA Accessibility Guidelines, means the requirements set forth in appendices B and D to 36 CFRpart 1191 (2009).2010 Standards means the 2010 ADA Standards for Accessible Design, which consist of the 2004 ADAAG andthe requirements contained in § 35.151.Act means the Americans with Disabilities Act (Pub. L. 101-336, 104 Stat. 327, 42 U.S.C. 12101-12213 and 47U.S.C. 225 and 611).Assistant Attorney General means the Assistant Attorney General, Civil Rights Division, United StatesDepartment of Justice. 19 | P a g e   

 Auxiliary aids and services includes— (1) Qualified interpreters on-site or through video remote interpreting (VRI) services; note takers; real-time computer-aided transcription services; written materials; exchange of written notes; telephone handset amplifiers; assistive listening devices; assistive listening systems; telephones compatible with hearing aids; closed caption decoders; open and closed captioning, including real- time captioning; voice, text, and video-based telecommunications products and systems, including text telephones (TTYs), videophones, and captioned telephones, or equally effective telecommunications devices; videotext displays; accessible electronic and information technology; or other effective methods of making aurally delivered information available to individuals who are deaf or hard of hearing; (2) Qualified readers; taped texts; audio recordings; Brailed materials and displays; screen reader software; magnification software; optical readers; secondary auditory programs (SAP); large print materials; accessible electronic and information technology; or other effective methods of making visually delivered materials available to individuals who are blind or have low vision; (3) Acquisition or modification of equipment or devices; and (4) Other similar services and actions.Complete complaint means a written statement that contains the complainant's name and address and describes thepublic entity's alleged discriminatory action in sufficient detail to inform the agency of the nature and date of thealleged violation of this part. It shall be signed by the complainant or by someone authorized to do so on his or herbehalf. Complaints filed on behalf of classes or third parties shall describe or identify (by name, if possible) thealleged victims of discrimination.Current illegal use of drugs means illegal use of drugs that occurred recently enough to justify a reasonable beliefthat a person's drug use is current or that continuing use is a real and ongoing problem.Designated agency means the Federal agency designated under subpart G of this part to oversee complianceactivities under this part for particular components of State and local governments.Direct threat means a significant risk to the health or safety of others that cannot be eliminated by a modificationof policies, practices or procedures, or by the provision of auxiliary aids or services as provided in § 35.139.Disability means, with respect to an individual, a physical or mental impairment that substantially limits one ormore of the major life activities of such individual; a record of such an impairment; or being regarded as havingsuch an impairment. (1) o (i) The phrase physical or mental impairment means—  (A) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine; 20 | P a g e   

   (B) Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. o (ii) The phrase physical or mental impairment includes, but is not limited to, such contagious and noncontagious diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism. o (iii) The phrase physical or mental impairment does not include homosexuality or bisexuality.  (2) The phrase major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.  (3) The phrase has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.  (4) The phrase is regarded as having an impairment means— o (i) Has a physical or mental impairment that does not substantially limit major life activities but that is treated by a public entity as constituting such a limitation; o (ii) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or o (iii) Has none of the impairments defined in paragraph (1) of this definition but is treated by a public entity as having such an impairment.  (5) The term disability does not include— o (i) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; o (ii) Compulsive gambling, kleptomania, or pyromania; or o (iii) Psychoactive substance use disorders resulting from current illegal use of drugs.Drug means a controlled substance, as defined in schedules I through V of section 202 of the ControlledSubstances Act (21 U.S.C. 812).Existing facility means a facility in existence on any given date, without regard to whether the facility may also beconsidered newly constructed or altered under this part.Facility means all or any portion of buildings, structures, sites, complexes, equipment, rolling stock or otherconveyances, roads, walks, passageways, parking lots, or other real or personal property, including the site wherethe building, property, structure, or equipment is located.Historic preservation programs means programs conducted by a public entity that have preservation of historicproperties as a primary purpose. 21 | P a g e   

 Historic properties means those properties that are listed or eligible for listing in the National Register of HistoricPlaces or properties designated as historic under State or local law.Housing at a place of education means housing operated by or on behalf of an elementary, secondary,undergraduate, or postgraduate school, or other place of education, including dormitories, suites, apartments, orother places of residence.Illegal use of drugs means the use of one or more drugs, the possession or distribution of which is unlawful underthe Controlled Substances Act (21 U.S.C. 812). The term illegal use of drugs does not include the use of a drugtaken under supervision by a licensed health care professional, or other uses authorized by the ControlledSubstances Act or other provisions of Federal law.Individual with a disability means a person who has a disability. The term individual with a disability does notinclude an individual who is currently engaging in the illegal use of drugs, when the public entity acts on the basisof such use.Other power-driven mobility device means any mobility device powered by batteries, fuel, or other engines––whether or not designed primarily for use by individuals with mobility disabilities––that is used by individualswith mobility disabilities for the purpose of locomotion, including golf cars, electronic personal assistancemobility devices (EPAMDs), such as the Segway® PT, or any mobility device designed to operate in areaswithout defined pedestrian routes, but that is not a wheelchair within the meaning of this section. This definitiondoes not apply to Federal wilderness areas; wheelchairs in such areas are defined in section 508(c) (2) of the ADA,42 U.S.C. 12207(c) (2).Public entity means—  (1) Any State or local government;  (2) Any department, agency, special purpose district, or other instrumentality of a State or States or local government; and  (3) The National Railroad Passenger Corporation, and any commuter authority (as defined in section 103(8) of the Rail Passenger Service Act).Qualified individual with a disability means an individual with a disability who, with or without reasonablemodifications to rules, policies, or practices, the removal of architectural, communication, or transportationbarriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receiptof services or the participation in programs or activities provided by a public entity.Qualified interpreter means an interpreter who, via a video remote interpreting (VRI) service or an on-siteappearance, is able to interpret effectively, accurately, and impartially, both receptively and expressively, usingany necessary specialized vocabulary. Qualified interpreters include, for example, sign language interpreters, oraltransliterators, and cued-language transliterators.Qualified reader means a person who is able to read effectively, accurately, and impartially using any necessaryspecialized vocabulary.Section 504 means section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794), asamended. 22 | P a g e   

 Service animal means any dog that is individually trained to do work or perform tasks for the benefit of anindividual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Otherspecies of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of thisdefinition. The work or tasks performed by a service animal must be directly related to the individual's disability.Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low visionwith navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people orsounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during aseizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone,providing physical support and assistance with balance and stability to individuals with mobility disabilities, andhelping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive ordestructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support,well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam,American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of theNorthern Mariana Islands.Video remote interpreting (VRI) service means an interpreting service that uses video conference technology overdedicated lines or wireless technology offering high-speed, wide-bandwidth video connection that delivers high-quality video images as provided in § 35.160(d).Wheelchair means a manually-operated or power-driven device designed primarily for use by an individual with amobility disability for the main purpose of indoor, or of both indoor and outdoor locomotion. This definition doesnot apply to Federal wilderness areas; wheelchairs in such areas are defined in section 508(c) (2) of the ADA, 42U.S.C. 12207 (c) (2). 23 | P a g e   

  APPENDAGESA. Board of Supervisors County Policy for Compliance with Title II of the Americans with Disabilities Act Minute Order of June 21, 1994B. ADA Title II Transition Plan Minute Order August 15, 2000C. ADA Title II Transition Plan Introduction/HistoryD. ADA Title II Public Access To Programs And Services, and External Compliance Complaint ProceduresE. ADA Title II, Public Access to Programs and Services Complaint Form and InstructionsF. American With Disabilities Act of 1990 Non-Discrimination NoticeG. Quarterly ADA Title II Agency/Department Complaint ReportH. Resources 24 | P a g e   

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