Introduction
Transition Plan Need and Purpose
The Americans with Disabilities Act (ADA) is a civil rights law prohibiting discrimination against individuals on the basis of disability. It was enacted on July 26, 1990, and was amended in 2008 with the ADA Amendments Act. The ADA consists of five titles outlining protections in the following areas:
I. Employment
II. State and local government services
Ill. Public accommodations
IV. Telecommunications
V. Miscellaneous Provisions
Title II of ADA pertains to the programs, activities and services provided by public entities. Perry County Government must comply with this section of the Act, as it specifically applies to public service agencies. Title II of ADA states that "no qualified individual with a disability shall, by reason of such disability, 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 such entity." (42 USC Sec. 12132; 28 CFR Sec. 35.130).
As required by Title II of ADA (28 CFR Part 35 Sec. 35.105 and Sec. 35.150), Perry County has conducted a self-evaluation of its services, programs, activities, and facilities on public property and within public rights-of-way; and has developed this Transition Plan detailing the methods to be used to ensure compliance with ADA accessibility requirements.
ADA and its Relationship to Other Laws
Title II of ADA is companion legislation to two previous federal statutes and regulations: the Architectural Barriers Act (ABA) of 1968 and Section 504 of the Rehabilitation Act of 1973.
The Architectural Barriers Act of 1968 is a Federal law that requires facilities designed, built, altered or leased with Federal funds to be accessible. The Architectural Barriers Act marks one of t he first efforts to ensure access to the built environment.
Section 504 of the Rehabilitation Act of 1973 is a Federal law that protects qualified individuals from discrimination based on their disability. The nondiscrimination requirements of the law apply to employers and organizations that receive financial assistance from any Federal department or agency. Title II of ADA extended this coverage to all state and local government entities, regardless of whether they receive federal funding or not.
Agency Requirements
Under Title II, Perry County must meet these general requirements:
- Must operate their programs so that, when viewed in their entirety, the programs are accessible to and useable by individuals with disabilities (28 CFR Sec. 35.150].
- May not refuse to allow a person with a disability to participate in a service, program or activity simply because the person has a disability (28 CFR Sec. 35.130 (a)].
- Must make reasonable modifications in policies, practices and procedures that deny equal access to individuals with disabilities unless a fundamental alteration in the program would result (28 CFR Sec. 35.130(b)(7)].
- May not provide services or benefits to individuals with disabilities through programs that are separate or different unless the separate or different measures are necessary to ensure that benefits and services are equally effective (28 CFR Sec. 35.130(b)(iv) & (d)].
- Must take appropriate steps to ensure that communications with applicants, participants and members of the public with disabilities are as effective as communications with others (29 CFR Sec. 35.160 (a)].
- Must designate at least one responsible employee to coordinate ADA compliance [28 CFR Sec. 35.107 (a)]. This person is typically referred to as the ADA Coordinator. The public entity must provide the ADA Coordinator's name, office address, and telephone number to all interested individuals [28 CFR Sec. 35.107 (a)].
- Must provide notice of ADA requirements. All public entities, regardless of size, must provide information about the rights and protections of Title II to applicants, participants, beneficiaries, employees, and other interested persons [28 CFR Sec. 35.106]. The notice must include the identification of the employee serving as the ADA Coordinator and must provide this information on an ongoing basis (28 CFR Sec. 104.8 (a)].
- Must establish a grievance procedure. Public entities must adopt and publish grievance procedures providing for prompt and equitable resolution of complaints [28 CFR Sec. 35.107(b)]. This requirement provides for a timely resolution of all problems or conflicts related to ADA compliance before they escalate to litigation and/or the federal complaint process.
Designation of Responsibility
In accordance with 28 CFR 35.107(a), Perry County has designated the following person to serve as ADA Title II Coordinator, to oversee the County's policies and procedures:
Name: Casey Long Job Title: Mayor’s Assistant
In accordance with 28 CFR 35.150(d) (3), Perry County has designated the following person to serve as ADA Transition Plan Implementation Coordinator, to monitor the City's progress and manage review and updates of this document:
Name: Casey Long Job Title: Mayor’s Assistant
Contact information is provided on page 9.
Training is an important tool for ensuring compliance with ADA requirements. The ADA Coordinators will identify resources and opportunities for agency employees at various levels to receive ADA-related training appropriate to their job functions.
Self-Evaluation
Overview
Under Title II of the ADA (28 CFR Sec. 35.105), public entities are required to perform a self-evaluation of their current services, and policies and practices with regard to accessibility. The goal of the self-evaluation is to verify that, in managing its programs and facilities, the agency is providing accessibility and not adversely affecting the full participation of individuals with disabilities.
The intent of the ADA self-evaluation is to review the agency's entire public program, including all facilities on public property and within public rights-of-way, in order to identify any obstacles or barriers to accessibility that need to be addressed. The general categories of items to be evaluated include:
- Communications, Information & Facility Signage
- Building Facilities - these include offices, garages, and other types of buildings
- Pedestrian Facilities (Pedestrian Circulation Routes I Pedestrian Access Routes) - these include:
sidewalks, curb ramps, bicycle/pedestrian trails, traffic control signals and bus stops (and/or other transit facilities) that are located within the City's rights-of-way.
The County has conducted a detailed evaluation of its communications, information, and facility signage with regard to the ADA Title II requirements.
Improvement Schedule
Moving forward, Perry County plans to implement improvements for the following items that have been identified as potential obstacles to accessibility. Perry County has established the following schedule of goals for improving the accessibility of pedestrian facilities within the County jurisdiction:
Public Notice of ADA Requirements and Grievance Procedure
Americans with Disabilities Act
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990, Perry County will not discriminate on the basis of disability in its services, programs, or activities.
Employment: Perry County does not discriminate on the basis of disability in its hiring or employment practices and complies with the ADA title I employment regulations.
Effective Communication: Perry County will generally, upon request, provide aids and services leading to effective communication for people with disabilities, including sign language interpreters, assistive listening devices, documents in Braille, and other ways of making communications accessible to people who have speech, hearing, or vision impairments.
Modifications to Policies and Procedures: Perry County will make reasonable modifications to policies and procedures to ensure that people with disabilities have an equal opportunity to enjoy programs, services, and activities. For example, people with service animals are welcomed in Perry County offices, even where pets and other animals are prohibited.
Anyone requesting an auxiliary aid or service for effective communication, or a modification of policies or procedures should contact the ADA Coordinator as soon as possible, but no later than 3 days before the activity or event.
Complaints: Send complaints to the ADA Coordinator at
931-589-2216
PO Box 16, Linden TN 37096
The ADA does not require Perry County to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden.
Perry County will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing aids or services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.
Progress Monitoring and Transition Plan Management
This Transition Plan is a living document that will continue to be updated as conditions within the County evolve. The initial schedule is to formally review the complete document (main body and appendices) at least once per year, to identify any need for updates. Updates to the appendices or attachments may be made more frequently as needed. Any substantive updates to the main body of this document will include a public comment period to continue the County's public outreach efforts.
Perry County recognizes that ADA compliance is an ongoing responsibility which will require monitoring to identify future accessibility issues that may be encountered. For example, facilities that currently meet ADA requirements could fall out of compliance in the future due to factors such as damage, disrepair, or changes within public rights-of-way that could create new accessibility obstacles. Therefore, the ADA Title II Coordinator and Transition Plan Implementation Coordinator will establish an on-going monitoring/inspection program to ensure facilities continue to comply with ADA requirements. Agency employees will also be encouraged to report any accessibility concerns or deficiencies that are identified.
Contact Information
ADA Coordinator
Name: Casey Long
Title: Mayor’s Assistant
Office Address: 121 East Main Street
Linden TN 37096
Mailing Address: PO Box 16
Linden TN 37096
Phone: 931-589-2216
Fax: 931-589-2215
Email:
Mayor:
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