Americans with Disabilities Act

Self-Evaluation and

Transition Plan

Table of Contents

TABLE OF CONTENTS

1. PURPOSE .............................................................................................................. Page 1

2. LEGAL BACKGROUND ............................................................................................ Page 1

3. WHO IS PROTECTED .............................................................................................. Page 3

4. PERRY COUNTY’S ADA REQUIREMENTS ................................................................. Page 5

5. PERRY COUNTY’S ADA RESPONSIBILITIES ............................................................... Page 7

6. PERRY COUNTY’S EMPLOYMENT RESPONSIBILITIES ............................................... Page 9

7. BUILDING ACCESSIBILITY GUIDELINES AND STANDARDS ...................................... Page 12

8. PUBLIC RIGHTS-OF-WAY (ROW) GUIDELINES ....................................................... Page 14

9. PERRY COUNTY’S ADA COMPLIANCE EFFORTS ..................................................... Page 15

APPENDICES

A PERRY COUNTY’S ADA COORDINATOR

B PERRY COUNTY’S PUBLIC NOTICES

C PERRY COUNTY’S GRIEVANCE POLICY AND PROCEDURE, GRIEVANCE FORM, AND

COMPLAINT LOG

D PERRY COUNTY’S DEPARTMENT SELF-EVALUATIONS AND FINDINGS

E PERRY COUNTY’S FACILITIES EVALUATIONS, FINDINGS AND PHOTOS

F PERRY COUNTY’S PUBLIC RIGHTS-OF-WAY (ROW)

G PUBLIC INVOLVEMENT

H ACTION PLAN

I TRANSITION PLAN

J ADA COMPLIANCE TIMELINE OF PROGRESS AND UPDATES

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1. PURPOSE

As a local government entity and recipient of federal funds, Perry County is committed to complying with Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, and other federal and state statutes and regulations that require Perry County to provide programs, services, activities, and facilities that are accessible to persons with disabilities. This Perry County Americans with Disabilities Act Self-Evaluation and Transition Plan (referred to as the Plan) has been developed to assist Perry County in identifying policy, programmatic, and physical barriers to accessibility and provide guidance in developing solutions for their modification or removal. This Plan replaces Perry County’s ADA Transition Plan adopted in 2013, and it is intended to be a living document that will be updated at least every three years to track ongoing progress and achievements toward compliance.

2. LEGAL BACKGROUND

CIVIL RIGHTS ACT OF 1964

The Civil Rights Act of 1964 was a forerunner to the Americans with Disabilities Act (ADA). It outlaws discrimination based on race, color, religion, sex, and national origin in federally funded programs and in public accommodations and employment. While the law didn’t specifically apply to persons with disabilities, it served as a framework for future legislation. ARCHITECTURAL BARRIERS ACT OF 1968

The Architectural Barriers Act of 1968 (ABA) was the first federal law addressing civil rights for people with disabilities. It marks one of the first efforts to ensure access to the built environment. The ABA requires buildings constructed by the federal government or with federal funding be accessible to people with disabilities. By passing the ABA, Congress intended the federal government to set an example for state and local governments and for private industry. REHABILITATION ACT OF 1973

The Rehabilitation Act of 1973 was the first act to address the notion of equal access of people with disabilities through the removal of architectural, employment and transportation barriers. Section 501 of the Rehabilitation Act focused on the federal government’s hiring practices, prohibiting employment discrimination against individuals with disabilities in the federal sector. Section 502 created the Architectural and Transportation Barriers Compliance Board to enforce standards set under the Architectural Barriers Act of 1968, which required that facilities designed, built, altered, or leased with funds supplied by the federal government be accessible to the public. Section 503 prohibited federal contractors and subcontractors from discriminating in employment against individuals with disabilities, and required these employers to take affirmative action to recruit, hire, promote, and retain these individuals. Section 504 prohibited

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discrimination on the basis of physical and mental handicaps in programs receiving federal funds. Section 504 also extended this prohibition to federal contractors and their subcontractors. SECTION 504 OF THE REHABILITATION ACT

Section 504 of the Rehabilitation Act of 1973, as amended, codified as 29 U.S.C. § 701 et seq (United States Code, Title 29, Sections 701-796l of Chapter 16), states that no otherwise qualified individual with a disability in the United States shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. The term ‘‘program or activity’’ includes all of the operations of a department, agency, special purpose district, or other instrumentality of a state or local government, or the entity to which a state or local government distributes such assistance.

Agencies that provide federal financial assistance have Section 504 regulations that apply

to their programs and to the entities that receive federal aid. Requirements common to these regulations include reasonable accommodation for employees with disabilities, program accessibility, effective communication with people who have hearing or vision disabilities, and accessible new construction and alterations. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990

The Americans with Disabilities Act (ADA) of 1990, codified as 42 U.S.C. § 12101 et seq, is the nation's first comprehensive civil rights law addressing the needs of people with disabilities, prohibiting discrimination in employment, public services, public accommodations, and telecommunications. The ADA is divided into five titles: Title I is designed to help people with disabilities access the same employment opportunities and benefits available to people without disabilities. Title II prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of state and local government (“public entities”). Title III prohibits private places of public accommodation such as hotels and restaurants from discriminating against individuals with disabilities. Title IV requires telephone and Internet companies to provide services that allow individuals with hearing and speech disabilities to communicate over the telephone. Title V contains miscellaneous provisions relating to the ADA as a whole. TITLE II OF THE ADA

Title II of the Americans with Disabilities Act of 1990 is built upon the foundation laid by Section 504 of the Rehabilitation Act of 1973, and it extends the prohibition of discrimination to all programs and activities of state and local governments regardless of whether they receive federal financial assistance. Title II is divided into two parts. Subtitle A covers all programs, services, and activities of state and local government and is enforced by regulations issued by the Department of Justice (DOJ). Subtitle B contains requirements for public transportation systems and is enforced by regulations issued by the Department of Transportation (DOT). The DOJ’s Title II regulations are listed under 28 CFR Part 35, and the DOT’s Title II regulations are listed under 49 CFR part 27.

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AMERICANS WITH DISABILITIES ACT AMENDMENTS ACT (ADAAA) OF 2008

The Americans with Disabilities Act Amendments Act (ADAAA) of 2008 was signed into law and became effective on January 1, 2009. It made significant changes to the ADA’s definition of “disability” that broadens the scope of coverage. It also directed the U.S. Equal Employment Opportunity Commission (EEOC) to amend its ADA regulations to reflect the changes. The EEOC is the agency that enforces Title I of the ADA (employment discrimination).

3. WHO IS PROTECTED

DEFINITION OF DISABILITY

The ADA’s definition of disability has three parts. A person only has to meet one of the parts to be covered. The definition applies to a person who:

1. has a physical or mental impairment that substantially limits one or more major life activities; or

2. has a history or record of a physical or mental impairment that substantially limited one or more major life activities; or

3. is regarded as having an impairment, whether the person has the impairment or not.

When the ADA was first passed into law, federal courts were very strict in determining which employees met the ADA’s definition of a “disability”, resulting in the dismissal of many cases. A series of court decisions made it increasingly difficult to qualify for the law’s protections. The Americans with Disabilities Act Amendments Act (ADAAA) was passed to remedy this problem. The ADAAA states that the definition of disability should be interpreted in favor of broad coverage of individuals:

1. It provides that the ADA definition of “disability” must both be more “flexible” and “broadly construed.”

2. It expands the list of “major life activities.”

3. It provides that courts can no longer consider whether “mitigating measures,” such as medication or assistive technology, reduce the impact of impairment on an individual.

4. It states that diseases that are “episodic” or in remission may still be “disabilities.”

5. It provides that employees who claim they are “regarded as” disabled can now make an ADA claim, even if the “perceived” disability does not impact a major life activity.

MAJOR LIFE ACTIVITIES

In the past, there was some debate over what activities were considered "major life activities" for ADA purposes. One of the most contentious issues was whether someone with a medical condition that only affected internal functions such as diabetes, cancer

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and heart disease would be covered. The ADAAA cleared up the confusion by stating that bodily functions are indeed major life activities. “Major life activities” include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. “Major bodily functions” include, but are not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. EXCLUSIONS

Excluded from the definition of disability are: transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, other sexual behavior disorders, compulsive gambling, kleptomania, pyromania, and psychoactive substance use disorders resulting from current illegal use of drugs. ILLEGAL USE OF DRUGS

A public entity may withhold services or benefits from a person who is currently engaging in the illegal use of drugs. A public entity should review carefully all the facts surrounding its belief that an individual is currently taking illegal drugs to ensure that its belief is a reasonable one. It’s important to note that a person with a history of drug use who has been successfully rehabilitated or someone who is participating in a drug rehabilitation program and currently not engaging in the illegal use of drugs is protected. WHAT IT MEANS TO BE QUALIFIED

The definition of “qualified” has two forms.

1. For determining participation in programs, services and activities, a person is qualified if the person meets the essential eligibility requirements for the receipt of services or participation in programs.

2. For purposes of employment, a person is qualified if the person is able to perform the essential functions of the job with or without reasonable accommodation.

The "essential eligibility requirements" for participation in many activities is minimal. Most public entities provide information about their programs, activities, and services upon request. In such situations, the only "eligibility requirement" for receipt of such information would be to request it. Under other circumstances, the "essential eligibility requirements" may be more specific. DIRECT THREAT

A person who poses a direct threat to the health or safety of others is not "qualified." A "direct threat" is a significant risk to the health or safety of others that cannot be eliminated or reduced to an acceptable level by modification of policies, practices, or procedures, or by the auxiliary aids or services. The determination of direct threat must be based on objective factual evidence and an individualized assessment of the person. Factors include: 1) The nature, duration, and severity of the risk; 2) The probability that

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the potential injury will actually occur; and, 3) Whether reasonable modifications of policies, practices, or procedures will mitigate or eliminate the risk.

4. PERRY COUNTY’S ADA REQUIREMENTS

DESIGNATE A RESPONSIBLE EMPLOYEE (ADA COORDINATOR)

A public entity that employs 50 or more employees is required to designate at least one

responsible employee to coordinate ADA compliance, commonly referred to as “ADA

Coordinator.” The designated person should be familiar with the state or local

government’s structure, activities and employees and have knowledge of the ADA and

other laws and regulations addressing the rights of people with disabilities. Job functions

of the ADA Coordinator include:

Interacting and consulting with staff, boards and commissions on the ADA.

Developing and distributing public notice about ADA compliance.

Coordinating requests for auxiliary aids and services and reasonable modifications of policies, practices and procedures.

Responding to general inquiries from the public.

Training staff on ADA requirements.

Developing a grievance procedure.

Investigating complaints.

Conducting a self-evaluation.

Developing and maintaining a transition plan.

Coordinating on-going compliance.

PUBLISH NOTICE OF RIGHTS AND PROTECTIONS

All public entities, regardless of size, are required to disseminate information to applicants, participants, beneficiaries, and other interested persons to inform them of their rights and protections afforded by the ADA and related regulations and applicability to the public entity’s services, programs, and activities. Methods used to comply with this requirement include:

Posting the notice on the public entity’s website.

Posting the notice at facilities.

Publishing the notice in local newspapers.

Broadcasting the notice in public service announcements on local radio stations and television stations.

Including the notice in program and activity handouts.

Posting the notice on social media websites.

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ESTABLISH A GRIEVANCE PROCEDURE

A public entity with 50 or more employees is required to establish and publish a grievance procedure providing prompt and equitable resolution of complaints alleging any action that would be prohibited by Title II and related regulations. The grievance procedure should include a detailed description of the procedures for submitting a grievance, a review process that allows for appeal, reasonable time frames for review and resolution of the grievance, and good record-keeping for all complaints submitted and documentation of steps taken toward resolution. PERFORM A SELF-EVALUATION

All public entities are required to perform a self-evaluation which is a comprehensive review of all programs, activities, and services operated by the public entity. All facilities where programs are operated by or for the public entity must also be included in the self-evaluation. To conduct a self-evaluation, a public entity must do the following:

• Identify all programs, activities, and services and their locations.

• Determine whether employees and officials are familiar with the public entity’s ADA obligations.

• Determine whether employees and officials know how to arrange for auxiliary aids and services to ensure that communication with people with disabilities is as effective as others

• Review service, activity, and program’s policies and procedures to determine whether they ensure an equal opportunity for people with disabilities to participate and benefit.

• Survey facilities and determine whether there are physical barriers to access programs. If non-structural changes should be made, include them in the action plan. If structural changes are needed, include them in the transition plan.

DEVELOP A TRANSITION PLAN

Public entities with 50 or more employees are required to develop a transition plan when structural changes to existing facilities are necessary in order to make a program, service, or activity accessible to people with disabilities. There are limits to a public entity’s program access obligations. Structural changes are not required where other solutions are feasible. A key concept stated in 28 CFR Part 35.150 is that public programs and services, when viewed in their entirety, must be accessible to people with disabilities, but not all facilities must necessarily be made accessible. A public entity is not required to take any action that would threaten or destroy the historic significance of an historic property. An entity is not required to take any action that would result in a fundamental alteration in the nature, service, program, or activity, or result in undue financial and administrative burdens. In those circumstances, a public entity has the burden of proving that compliance would result in such alteration or burdens. Regulations require that a transition plan consist of the following:

1. A list of the physical barriers that limit the accessibility of programs, activities, or services.

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2. The methods to remove the barriers and make the facilities accessible.

3. The schedule to get the work completed.

4. The name of the official(s) responsible for the plan’s implementation.

If a public entity has responsibility or authority over streets, roads, or walkways, the transition plan must also include a schedule for providing curb ramps or other sloped areas where pedestrian walks cross curbs, giving priority to walkways serving entities covered by the ADA, including state and local government offices and facilities. INVOLVE THE PUBLIC

A public entity must provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the self-evaluation and development of the transition plan. A public entity with 50 or more employees is required to maintain on file the self-evaluation for three years and make it available for public inspection. The transition plan must also be made available for public inspection.

5. PERRY COUNTY’S ADA RESPONSIBILITIES

PROVIDE EQUAL OPPORTUNITY

People with disabilities must have an equal opportunity to participate in a public entity’s programs, services and activities in the most integrated manner appropriate. A public entity must make reasonable modifications in policies, practices or procedures when the modifications are necessary to assure that persons with disabilities have an equal opportunity, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program or activity. People with disabilities must not be treated in a different or inferior manner. There are circumstances where it is appropriate to establish programs, services and activities that are specifically for people with disabilities. However, a public entity may not deny participation in “regular” programs, services and activities. A public entity may not use eligibility criteria that screen out or tend to screen out people with disabilities unless the eligibility criteria are necessary to participate in the program, service or activity. Requirements that are necessary for safe operation of a program, service or activity are allowed, but they must be based on a current, objective assessment of the actual risk, not on the assumptions, stereotypes, or generalizations about with people with disabilities. ALLOW USE OF SERVICE ANIMALS

Generally, public entities must modify their policies, practices, or procedures to permit service animals to accompany people with disabilities in all areas where members of the public are allowed to go. Service dogs can be trained to guide a person who is blind, alert a person who is deaf, pick up items for a person who uses a wheelchair, and alert and protect a person who is having a seizure. When it is not obvious what a service dog provides, staff may ask two questions: (1) is the dog a service animal required because of

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a disability, and (2) what work or task has the dog been trained to perform. A person with a disability cannot be asked to remove his or her service animal from the premises unless the dog is out of control and the handler does not take effective action to control it, or the dog is not housebroken. When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the animal’s presence. Some people with disabilities use miniature horses rather than dogs because they live longer, have peripheral vision, and are permitted in religions where dogs are not acceptable. Covered entities by the ADA must modify their policies to permit miniature horses where reasonable. Assessment factors to consider include whether the miniature horse is housebroken, whether the miniature horse is under the owner’s control, whether the facility can accommodate the miniature horse’s type, size, and weight, and whether the miniature horse’s presence will not compromise legitimate safety requirements for safe operation of the facility.

ALLOW USE OF MOBILITY AIDS

A public entity must permit individuals with mobility disabilities to use wheelchairs and manually-powered mobility aids in any areas open to pedestrian use. Most people are familiar with manual and power wheelchairs and electric scooters used by people with mobility disabilities. Other power-driven mobility devices (OPDMD) such as Segways and golf cars are now being used. In deciding whether an OPDMD can be accommodated, many assessment factors may be considered including the type, size, weight, dimensions, and speed, and whether legitimate safety requirements can be established to permit the safe operation of the OPDMD. COMMUNICATE EFFECTIVELY

The ADA requires that Title II entities communicate effectively with people who have communication disabilities and uses the term “auxiliary aids and services” to refer to the ways to communicate with people who have communication disabilities. For example, people who are deaf or have hearing loss may be provided with a qualified notetaker, a qualified sign language interpreter, or assisted listening device. People who are blind or visually impaired may need material in Braille, in large print, or material capable of being read by a screen-reading program. People who have speech disabilities may need to communicate using a qualified speech-to-speech transliterator or by exchanging written notes. In some situations, public entities communicate with someone other than the person who is receiving their goods or services - for example, the parent of a child. Such people are referred to as “companions,” and in those cases, covered entities are required to provide effective communication for companions who have communication disabilities. Historically, many covered entities have expected persons to bring a family member or friend to interpret for them. The ADA places responsibility directly on the covered entities to provide effective communication. A covered entity can rely on a companion to interpret only in an emergency situation or when the individual requests it.

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DO NOT PLACE SURCHARGES Public entities may not place a surcharge on individuals with disabilities for the costs associated with providing auxiliary aids or services. When choosing an aid or service, Title II entities are required to give primary consideration to the choice of aid or service requested by persons who have communication disabilities. Entities must honor their choices unless they can demonstrate that another equally effective means of communication is available, or that the use of the means chosen would result in a fundamental alteration or in an undue burden.

PROVIDE AN ACCESSIBLE WEBSITE

The Internet is dramatically changing the way that public entities serve the public. People with disabilities use assistive technology such as screen readers, text enlargement software, and programs that enable them to control the computer with their voice, eyes or nose. Access problems occur when websites are not designed with these people in mind. If websites are not accessible, people with disabilities are denied equal access. The Department of Justice developed a publication that lists two resources to provide guidance for developers designing accessible web pages: (1) Section 508 Standards which federal agencies must follow for new web pages, and (2) Web Content Accessibility Guidelines (WCAG) published by the World Wide Web Consortium (W3C). BE PREPARED FOR EMERGENCIES

Making sure that people with disabilities have full access to state and local government emergency preparedness and response programs is a critical part of ADA obligations. Plans should include the needs of people who use mobility aids, people who use oxygen or respirators, people who are blind or who have low vision, people who are deaf or hard of hearing, people who have a cognitive disability, people with mental illness, and those with other disabilities. Issues that have the greatest impact on people with disabilities include notification, evacuation, emergency transportation, refrigeration of medication and back-up power, locations of accessible emergency shelters, service animals, and access to information. ENSURE THAT EXTERNAL ORGANIZATIONS COMPLY

Title II general nondiscrimination requirements apply whether a public entity provides the program, service or activity itself or contracts with another entity to do so. Over the past several years, many government services have been privatized. In these cases, a public entity must make sure that those with whom they contract to provide services uphold the same level of obligation as the public entity itself.

6. PERRY COUNTY’S EMPLOYMENT RESPONSIBILITIES

Title II prohibits all public entities, regardless of the number of employees, from

discriminating against an employee on the basis of disability in any aspect of the employment relationship. This includes job advertisements, the application process, hiring, testing, medical exams, compensation, benefits, and all other employment-related

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activities. The enforcing agency for the ADA regarding employment is the Equal Employment Opportunity Commission (EEOC).

IDENTIFY ESSENTIAL FUNCTIONS OF THE JOB

Sometimes it is necessary to identify the essential functions of a job in order to know whether an individual with a disability is “qualified” to do the job. Essential functions are the basic job duties that an employee must be able to perform, with or without reasonable accommodation. According to the EEOC, even though the ADA does not require an employer to develop or maintain job descriptions, a written job description that is prepared before advertising or interviewing applicants for a job will be considered as evidence in determining essential functions along with other relevant factors. PROVIDE REASONABLE ACCOMMODATIONS

ADA regulations define the term “reasonable accommodation” as modifications or adjustments to a job, the work environment, or the way in which things are usually done that enables a qualified individual with a disability to enjoy an equal employment opportunity, to attain the same level of performance, or to enjoy equal benefits and privileges of employment as are available to an average similarly-situated employee without a disability. Examples include making facilities accessible, part-time or modified work schedules, job restructuring, job reassignment, provision of auxiliary aids and services, and acquiring or modifying equipment. When an individual with a disability requests an accommodation, the appropriate accommodation may be obvious, and if not, the employer should include the applicant or employee in choosing an appropriate accommodation. Although the majority of accommodations are not costly, an employer need not provide a requested accommodation if an alternative, less costly but equally effective means of accommodation is available. It is not necessary to provide an accommodation if it imposes an undue hardship on the employer. Among the factors to be considered in determining whether an accommodation is an undue hardship are the cost of the accommodation, the employer's size, financial resources and the nature and structure of its operation. ADVERTISE EFFECTIVELY

The Equal Employment Opportunity Commission (EEOC) advises employers to include information about the essential functions of the job in job announcements, advertisements, and other recruitment notices because specific information about essential functions will attract applicants who have appropriate qualifications, including individuals with disabilities. The law requires an employer to post a notice describing the federal laws prohibiting job discrimination based on race, color, sex, national origin, religion, age, equal pay, disability or genetic information. The "EEO is the Law" poster, prepared by the Equal Employment Opportunity Commission, summarizes these laws and explains how an employee or applicant can file a complaint.

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REVIEW APPLICATION FORMS

Application forms must be reviewed to ensure that only permissible questions are being asked. The format of an application form may also create barriers for persons with certain disabilities. Public entities should anticipate requests for applications in different formats such as large print or Braille or be able to provide assistance in completing an application, if requested. The site where applications are received and/or completed may also present barriers and therefore should be included in the public entity’s assessment of structural barriers to accessibility.

CONDUCT INTERVIEWS PROPERLY

Interview sites must be evaluated to ensure that they are accessible. The content of interviews must be reviewed and, if necessary, standardized to ensure that questions asked of applicants are related to employment ability and employment history. People conducting interviews with no ADA and disability awareness training could potentially put public entities at risk of violating ADA regulations resulting in charges of disability discrimination.

UNDERSTAND PROCEDURES FOR TESTS AND MEDICAL EXAMS

Job tests are also regulated by the ADA. Applicants should be notified ahead of time if it will be necessary to take a test to demonstrate their ability to perform tasks so that they can request a reasonable accommodation if needed. If the job test screens out, or tends to screen out, individuals based on disability, the test must be revised to be solely job-related and consistent with business necessity. After a job offer is made, but never before, employers may require that an applicant take a medical examination if everyone who will be working in the job category must also take the examination. The employer may condition the job offer on the results of the medical examination. However, if an individual is not hired because a medical examination reveals the existence of a disability, the employer must be able to show that the reasons for exclusion are job related and necessary for conduct of the business. The employer must also be able to show that there was no reasonable accommodation that would have made it possible for the individual to perform the essential job functions. The ADA does not require or prohibit testing employees for illegal use of drugs. Any information obtained from such tests that indicates a condition other than whether the individual is currently engaging in illegal use of drugs, such as the presence of a prescription medication to control a particular disability, must be treated as confidential medical information. An employer may conduct voluntary medical examinations and inquiries as part of an employee health program (such as medical screening for high blood pressure, weight control, and cancer detection), providing that participation in the program is voluntary, information obtained is kept confidential, and the information is not used to discriminate against an employee. All information obtained from post-offer medical examinations and inquiries must be collected and maintained on separate forms, in separate medical files and must be treated as a confidential medical record.

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7. BUILDING ACCESSIBILITY GUIDELINES AND STANDARDS

UNITED STATES ACCESS BOARD

Several years after the Architectural Barriers Act of 1968 (ABA) became law, Congress determined that a central agency was needed to take charge of enforcing the ABA and to develop accessibility standards. Section 502 of the Rehabilitation Act created the United States Access Board, originally called the Architectural and Transportation Barriers Compliance Board. The Access Board is responsible for developing accessibility guidelines for the design, construction, and alteration of facilities to ensure that they are readily accessible to and usable by individuals with disabilities. In 1982, the Access Board published accessibility guidelines for buildings and facilities subject to the Architectural Barriers Act ABA, called the “Minimum Guidelines and Requirements for Accessible Design.” This was the first comprehensive set of accessibility requirements established by the federal government. These guidelines served as the basis for standards to enforce the ABA, known as the “Uniform Federal Accessibility Standards (UFAS).” After the Americans with Disabilities Act was signed into law, the Access Board’s mission was greatly expanded. The guidelines needed to address not only federally funded buildings, but also the wide range of facilities in the private and public sectors covered by the ADA. The Access Board published the “ADA Accessibility Guidelines (ADAAG)” on the first anniversary of the ADA, July 26, 1991. Like UFAS, ADAAG contains detailed design requirements for accessibility in new construction and alterations. The Department of Justice (DOJ) adopted ADAAG as the basis of its enforceable standards (“1991 Standards”) on the same day, which made compliance with the requirements mandatory under the ADA. Several weeks later, the Access Board followed up with its ADA guidelines for transportation vehicles and facilities which were adopted by the Department of Transportation. On July 23, 2004, the Access Board completed a comprehensive review and update of ADAAG. It also jointly updated its ABA Accessibility Guidelines to establish a consistent level under both the ADA and the ABA. Provisions were updated so that the guidelines continued to meet the needs of people with disabilities and keep pace with technological innovations. On September 15, 2010, the DOJ published revised regulations that adopted revised, enforceable accessibility standards called the 2010 ADA Standards for Accessible Design (“2010 Standards”) and permitted the 1991 Standards to be used until March 14, 2012. On March 15, 2012, the 2010 Standards became the enforceable standards for new construction, alterations, program accessibility, and barrier removal. SAFE HARBOR

Elements that have not been altered in existing facilities on or after March 15, 2012, and that comply with the corresponding technical and scoping specifications for those elements in either the 1991 Standards or in the Uniform Federal Accessibility Standards are not required to be modified in order to comply with the requirements in the 2010 Standards. A public entity is only required to modify elements to comply with the 2010 Standards if it is planning an alteration to those elements. The safe harbor provision does not apply to elements in existing facilities that were not included in the 1991 Standards

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but are now regulated by the 2010 Standards. Those elements must satisfy the 2010 Standards to the extent readily achievable. UNDUE BURDEN

There is no “grandfather clause” in the ADA that exempts older facilities. However, the law strikes a careful balance between increasing access for people with disabilities and recognizing the constraints many public entities face. It allows entities confronted with limited financial resources to improve accessibility without excessive expense. Structural changes are not required where other solutions are feasible. However, where other solutions are not feasible, structural changes are required. The term undue burden means significant difficulty or expense. In determining whether an action would result in an undue burden, the following factors are to be considered:

1. The nature and cost of the action needed;

2. The overall financial resources of the site or sites involved in the action; the number of persons employed at the site; the effect on expenses and resources; legitimate safety requirements that are necessary for safe operation, including crime prevention measures; or the impact otherwise of the action upon the operation of the site;

3. The geographic separateness, and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity;

4. If applicable, the overall financial resources of any parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees; the number, type, and location of its facilities; and

5. If applicable, the type of operation or operations of any parent corporation or entity, including the composition, structure, and functions of the workforce of the parent corporation or entity.

The decision that compliance would result in such alteration or burdens must be made by the head of a public entity after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion. DETENTION AND CORRECTIONAL FACILITIES

The Department of Justice issued revised ADA Title II regulations which took effect on March 15, 2011. These regulations affect the obligations of Title II entities that are responsible for the operation or management of adult and juvenile justice jails, detention and correctional facilities, and community correctional facilities, either directly or through contractual, licensing, or other arrangements with public or private entities, in whole or part, including private correctional facilities. The revised regulations state that public entities shall ensure that qualified inmates or detainees with disabilities shall not, because a facility is 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. Inmates or detainees must be housed in the most integrated setting appropriate to the needs of the individuals.

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This means there needs to be housing in all security classifications and/or program levels of a facility. Qualified inmates or detainees with disabilities should also have access to all programs to which they would otherwise be entitled, including educational, vocational, work release, employment, and religious programs, whether mandatory or voluntary. New construction and alterations of jails, prisons, and other detention and correctional facilities shall comply with the 2010 Standards, effective March 12, 2012, with some exceptions (28 CFR Part 35.151(k)). HISTORIC PRESERVATION

Buildings that are eligible for listing in the National Register of Historic Places or designated as historic under state or local law are not required to take any action that would threaten or destroy the historic significance of the property. Alterations to historic properties shall comply to the maximum extent feasible. If it is not feasible to provide physical access to an historic property in a manner that will not threaten or destroy the historic significance of the building or facility, alternative methods of access shall be provided, such as using audio-visual materials to depict a portion of the property or assigning persons to guide individuals into or through portions of the property that cannot otherwise be made accessible.

8. PUBLIC RIGHTS-OF-WAY (ROW) GUIDELINES

Facilities used by pedestrians include sidewalks, walkways, curb ramps, shared use paths, crosswalks, signals for crossing streets, and signs. The ADA Accessibility Guidelines (ADAAG) published by the Access Board were mainly developed for buildings and site work and were not easily applicable to sidewalks, street crossings, and related pedestrian facilities in the public right-of-way. Similarly, Section 504 standards did not offer guidance appropriate for rights-of-way construction. The Access Board established the Public Rights-of-Way Access Advisory Committee (PROWAAC) to assist in developing additional provisions and special application sections for public rights-of-way. A draft Public Rights-of-Way Accessibility Guidelines (PROWAG) was issued by the Access Board based on the Committee’s report. Several years of updates and comment periods regarding these guidelines followed. Presently, the most recent proposed PROWAG is in the rulemaking stage, and once these guidelines are adopted by the Department of Justice, they will become enforceable standards under Title II of the ADA. In the meantime, jurisdictions must continue to design and construct new and altered pedestrian facilities that are accessible to and usable by people with disabilities. The proposed PROWAG has been identified by the Department of Transportation (DOT) as the current best practice in accessible pedestrian design under the Federal Highway Administration’s Federal-aid (504) regulation.

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9. PERRY COUNTY’S ADA COMPLIANCE EFFORTS

DESIGNATE AN ADA COORDINATOR

The Perry County Commissioners have designated an ADA Coordinator (Appendix A), and they have made available the name and contact information to all County departments and to the public. PROVIDE NOTICE TO THE PUBLIC

Perry County has developed a Notice of Nondiscrimination Under the Americans with

Disabilities Act and Section 504 of the Rehabilitation Act of 1973 (ADA Notice) which is

signed by the Commissioner President, posted in all County-owned buildings, and

published on Perry County’s website, www.perrycounty.in.gov. The ADA Notice states that

Perry County does not discriminate against qualified individuals with disabilities in its

policies, or in the admission of, access to, treatment of or employment in its programs,

services or activities. It also states that Perry County will, upon request, provide auxiliary

aids and services to facilitate effective communication for qualified persons with

disabilities at no cost to them, and Perry County will make reasonable modification to

policies and programs to ensure equal opportunity. The ADA Coordinator’s name and

contact information are listed on the notice.

Perry County also publishes a Notice of Nondiscrimination annually in the local newspaper

which includes statements from both the ADA Notice and Perry County’s Title VI Notice of

Nondiscrimination. All Perry County Departments and employees have been given copies

of these notices and policies, and they are instructed to review them and sign an

acknowledgement indicating that they have read and will abide by them. The ADA Notice,

Title VI Notice of Nondiscrimination, notice published in the newspaper, and employee

acknowledgement are listed in Appendix B.

DEVELOP A GRIEVANCE POLICY AND PROCEDURE

Perry County has developed a Grievance Policy and Procedure and Grievance Form which provide easy-to-understand instructions regarding how to file and submit a grievance. These documents provide the ADA Coordinator’s contact information and instruct the person completing the forms to contact the ADA Coordinator if any assistance is needed. These documents are published on the County’s website, and all County Departments have a file copy. Departments have also been instructed on how to assist complainants if they wish to file a grievance. The ADA Coordinator will keep a complaint log of all formal grievances. A copy of the Grievance Policy and Procedure, Grievance Form, and Complaint Log are in Appendix C. SELF-EVALUATION OF PROGRAMS, SERVICES, ACTIVITIES, POLICIES, AND PRACTICES

Perry County departments provide programs, services, and activities that are accessible to the public. Departments were given self-evaluation questionnaires to gain a better understanding of their knowledge about ADA requirements and responsibilities, and to

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determine if their programs, services, activities, policies, and practices have the potential to discriminate against persons with disabilities. Appendix D lists the questionnaires given to departments and their findings. Below is a list of Perry County departments and a brief summary of their duties, interaction with the public, and location.

Assessor

The Assessor is responsible to ensure that all properties in the county are assessed fairly and equitably. The public uses information collected by this office (Property Record Card) which is made available on the County’s Geographical Information System (GIS) and is also available for public review in the office. The Assessor’s Office is located in the Perry County Courthouse, 2219 Payne Street, Tell City, IN. Auditor

The Auditor is the general bookkeeper of the county. The Auditor and staff are responsible for handling all receipts and disbursements of County funds, creating financial statements, preparing budgets for the county, controlling distribution of tax collections and other revenue of all units of government in the county, and completing annual reports for review by the State Board of Accounts. They handle transfers of ownership of real property, preserve and provide plat maps of the County GIS system, file all deductions and exemptions for County taxpayers, and administer tax sales for delinquent properties. They also maintain payroll for County employees, and they perform Human Resources duties for the county and have the additional requirement of ensuring Title I compliance. The Auditor’s Office is located in the Perry County Courthouse, 2219 Payne Street, Tell City, IN. Circuit Court

The Circuit Court, headed by the Judge and Magistrate, is responsible for administering all criminal and civil cases in the county. The Judge and Magistrate oversee their programs and support staff, and the programs and staff of Adult and Juvenile Probation, Court Appointed Special Advocate (CASA), and Community Corrections. The Circuit Court and associated programs require extensive interaction with the public. Probation Officers and staff work with the Court and law enforcement officials to perform duties required by law or as directed by the Court. They supervise and assist persons on probation and notify the Court of probation violations. The CASA Director works with families and foster families of children who are the subjects of court proceedings. The Director also works with and coordinates training for volunteers to speak on the children’s behalf. Community Corrections is funded through grants from the Indiana Department of Corrections (DOC). The Community Corrections Director and staff work with the DOC, the Judge, and the Community Corrections Advisory Board to create and oversee sentencing alternative programs that the county judicial system can use in order to

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keep offenders out of the local jail and the Department of Corrections. The Director and staff supervise and assist persons who participate in these programs, and they notify the Court of any Community Corrections violations. Community Corrections offices are located in the Perry County Sheriff’s Office & Detention Center, 2211, Hermann Street, Tell City, IN. All other Circuit Court offices as well as two courtrooms with public seating are located in the Perry County Courthouse, 2219 Payne Street, Tell City, IN.

Circuit Court Clerk

The Clerk is responsible for administering the official court records of all court cases with jurisdiction in Perry County. The Clerk and staff work extensively with the public. They prepare the Court’s permanent historical records, process and issue documents for court cases, collect, distribute, and reconcile monies related to court cases, process marriage applications and issue marriage licenses, and register all voters in the county. The Clerk is responsible for administering all federal, state, county, municipal, and special elections for Perry County. On Election Day, voting occurs at designated precinct locations throughout the county. Early voting is offered at the Perry County Courthouse prior to elections, or voters may request and mail in their absentee ballots to the Clerk’s Office. The Clerk’s Office is located in the Perry County Courthouse, 2219 Payne Street, Tell City, IN. Commissioners

The Commissioners are responsible for the administration of all county business. Their duties include supervising the construction and maintenance of all county roads and bridges, controlling, maintaining, and supervising all county property, authorizing the payment of all county claims, establishing personnel policies, and authorizing contracts. They also create and enforce ordinances for the county and serve on several committees and boards as well as appoint persons to committees and boards. The Commissioners have two public meetings per month in the Perry County Courthouse. They appoint a County Administrator to provide administrative support to them. The Commissioners and County Administrator interact with County Department officials and staff, representatives from state and local agencies, contractors, vendors, and the public. The Commissioners’ Office (Administration Office) is located in the Perry County Courthouse, 2219 Payne Street, Tell City, IN. Coroner

The County Coroner is responsible for the investigation and certification of all deaths within the county. The Coroner authorizes autopsies to be done by a pathologist, and assists local, state, and federal law enforcement agencies to investigate suspicious, unusual, or unnatural deaths which occur in the county. The Coroner’s Office is located in the Perry County Armory Annex, 3214 Tell Street, Tell City, IN.

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Council

The County Council has the decision-making power over fiscal affairs, approving and fixing annual operating budgets of all County Departments, setting priorities for the allocation of public funds, establishing salaries and other compensation, authorizing expenditure of public funds for specific purposes, fixing tax rates and levies, and authorizing the borrowing of money in the form of bonds and notes. The Council has interaction with County department officials and staff, and the public. The Council meets once a month in the Perry County Courthouse, 2219 Payne Street, Tell City, IN. Emergency Management Agency

The Emergency Management Agency (EMA) works with the Indiana Department of Homeland Security, Federal Emergency Management Agency (FEMA), Office for Domestic Preparedness, and other state and federal agencies as well as city and county agencies to ensure the continuity of government and other essential services exist to build, sustain, and improve our preparedness and response capabilities for any manmade or natural disaster in the county including acts of terror. The EMA is also responsible for writing, updating and disseminating various emergency plans, procedures and agreements with support from city and county agencies. The EMA also obtains grant funds to enhance the County’s emergency response agencies capabilities. The EMA is also in charge of the operation of the Enhanced 9-1-1 System and various administrative and emergency services which includes addressing in rural areas of the County. The EMA oversees the county’s Rescue and First Responder program that respond to various emergencies such as vehicle accidents, hazardous materials incidents, searches, and water rescue. The EMA has interaction with emergency response personnel and the public. The EMA Office is located in the Perry County Armory Annex, 3214 Tell Street, Tell City, IN. Health Department

The County Health Department provides copies of birth and death records, clinics for child and adult immunizations, septic system inspections and permits, inspection of retail food establishments, information on health issues, and investigates food-related complaints and food borne illnesses. The County Health Officer and Health Board are responsible for the overall operations of the Department. Off-site immunization clinics are held weekly at the Family Practice Center in Leopold, IN. The Health Department Offices are located in the Perry County Armory Annex, 3214 Tell Street, Tell City, IN. Highway Department

The Perry County Highway Department is responsible for maintaining 492 miles of county roads, 99 bridges, and several culverts. Duties include assessing roads, clearing debris from roadways and removing tree limbs, patching potholes, mowing rights-of-way, replacing culverts and bridges, preparing roads for paving, and snow removal from roads and bridges which are not located on either state highways or within the corporate limits of a city or town. The Highway Department Superintendent, appointed by the Commissioners, oversees all operations of the Department. The Superintendent and staff interact with the public and vendors, mainly by phone. The

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Highway Department is located in the Perry County Multi Services Building, 17115 State Rd 37, Leopold, IN. Parks and Recreation

The Perry County Parks and Recreation Department Director and part-time assistant, under the direction of the Parks and Recreation Board, are responsible for overseeing the maintenance and operation of four County parks and their facilities. The parks range in size from 1 to 128 acres. Some have public boat launches, walking trails, shelter houses, and restroom facilities. The Parks and Recreation Office is located in the Perry County South Annex, 65 Park Avenue, Tell City, IN. Planning and Zoning

The Planning and Zoning Administrator is responsible for administering and enforcing land use ordinances for the county, issuing improvement location permits, reviewing site plans, verifying zoning designations, and reviewing for location in the flood plain. The Administrator also confirms septic permits and assists applicants with completing documents. The Administrator serves as secretary for the Plan Commission and Board of Zoning Appeals. The Planning and Zoning Office is located at the Perry County Courthouse, 2219 Payne Street, Tell City, IN. Prosecutor

The County Prosecutor represents the State of Indiana in all felony and misdemeanor criminal cases and is charged with prosecuting persons who have committed crimes in the county. The Prosecutor’s Office oversees child support under Title IV-D of the Social Security Act, collects restitution in criminal cases, and provides advocate services for crime victims. The Prosecutor, Deputy Prosecutors, and office staff have extensive interaction with the public. The Prosecutor’s Offices are located on the second-floor of the Tell City Electric Department building, located at 601 Main Street, Suite C, Tell City, IN. Purdue Extension

The Cooperative Extension Service is a network of colleges, universities, and the U.S. Department of Agriculture, serving communities and counties across America. Purdue Extension is a service tailored to meet the needs of Indiana, with educators, specialists, and volunteers living and working in all 92 Indiana counties. The Extension administers programs and provides information to the public pertaining to agriculture and natural resources, health and human sciences, community development, and 4-H youth development. The 4-H Fair and other programs are held at the Fairgrounds located on Roy Fenn Drive in Tell City. Perry County’s Purdue Extension Offices are located at the Perry County South Annex, 65 Park Avenue, Tell City, IN. Recorder

The County Recorder and staff are responsible for recording documents (called “instruments”) including deeds, mortgages, liens, military discharges, subdivision plats, leases, bonds, powers of attorney, releases, assignments, contracts, and many

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other miscellaneous documents. The office also files Uniform Commercial Code financing statements that pertain to fixtures to the real property. It is the duty of the Recorder to see that each instrument meets the essential requirements for recording. Each instrument must be scanned and indexed into a computer system and then microfilmed for archival purposes. The Recorder and staff have daily interaction with surveyors, title companies and searchers, attorneys, and the general public. The Recorder’s Office is located in the Perry County Courthouse, 2219 Payne Street, Tell City, IN. Recycling Management District

Perry County Recycling Management District identifies, designs and promotes public programs that emphasize the importance of reducing, reusing, and recycling. The Recycling Management District operates four recycling drop-off sites, two of which also provide trash and large item disposal for county residents. The Director oversees staff and all operations of the department, under the direction of the Solid Waste Joint Board. Recycling drop off sites are located in Cannelton, Branchville, Leopold, and Derby. The Recycling Management District Office is located in the Perry County Armory Annex, 3214 Tell Street, Tell City, IN. Sheriff

The Sheriff oversees several operations in the department, including deputy services, a 136-bed Detention Center, and various administrative services. The Department provides many services to the public including executing and serving all process directed by legal authority, enforcing the laws and ordinances of the state and Perry County, issuing gun permits, performing investigations of crimes, Courthouse security, and public relations. The Sheriff and Detention Center administration staff are responsible for directing the operation of the facility including the supervision of the detention staff, overseeing inmate care, and adhering to department policies and procedures to ensure the security, safety and well-being of employees and inmates. The newly built (2014) Perry County Sheriff’s Office & Detention Center is located at 2211 Herrman Street, Tell City, IN (behind the Courthouse). Soil and Water Conservation District

Perry County Soil and Water Conservation District (SWCD) is a subdivision under the Indiana State Department of Agriculture, Division of Soil Conservation. Activities of Perry County’s SWCD are directed by five supervisors. Perry County SWCD works with federal, state and local agencies, organizations and individuals to correct existing soil and water problems to develop Perry County’s natural resources to proper and full use. The department assists in connecting land users to sources of educational, technical and financial assistance to implement conservation practices and technologies. The SWCD Coordinator / Treasurer works in the office, located at the Perry County Armory Annex, 3214 Tell Street, Tell City, IN.

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Surveyor

The County Surveyor is responsible for maintaining and keeping a legal survey record book showing maps of sections, grants, subdivisions, or groups of such areas in sufficient detail so that the location of each is shown. The Surveyor also maintains a corner stone record book. There is limited public interaction with the Surveyor who works out of a home office. Treasurer

The County Treasurer is responsible to be custodian for all monies belonging to the county and to invest public funds in a responsible manner. The Treasurer’s Office duties include collecting and reporting of all taxes including property taxes, inheritance taxes and Innkeepers’ taxes, liquor license clearing, processing bankruptcy claims, and issuing permits for transferring and moving of mobile homes. The Treasurer’s Office is located in the Perry County Courthouse, 2219 Payne Street, Tell City, IN. Veterans Service

The County Veterans Service Officer assists veterans, their widows, spouses, and dependents in answering questions, advising, applying for benefits, and educating individuals and groups on what benefits are available from the federal, state, county, and local resources. A significant number of individuals that this office has contact with has a disability. The Veteran’s Service Office is located in the Perry County Courthouse, 2219 Payne Street, Tell City, IN.

SELF-EVALUATION OF FACILITIES

Facilities where Perry County provides programs and services to the public are listed in Appendix E along with completed evaluations, their findings, and applicable photos. Perry County uses the “ADA Checklist for Existing Facilities” which is based on current ADA Accessibility Guidelines (ADAAG) and 2010 ADA Standards for Accessible Design (2010 Standards). The checklist contains the following four priorities recommended for planning readily achievable barrier removal projects:

• Priority 1: Accessible entrance into the facility

• Priority 2: Access to goods and services

• Priority 3: Access to rest rooms

• Priority 4: Any other measures necessary.

Perry County will use and follow the ADAAG and 2010 Standards for new construction and alterations of its facilities. SELF-EVALUATION OF PUBLIC RIGHTS-OF-WAY

Perry County is mainly a rural county of which about one-third is protected land, mostly consisting of the Hoosier National Forest which is under the jurisdiction of the U.S. Department of Agriculture. A majority of the rights-of-way (ROW) and pedestrian facilities in Perry County are either in public areas of the Hoosier National Forest, along state

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highways under jurisdiction of the Indiana Department of Transportation (INDOT), or along streets under the jurisdiction of Tell City, Cannelton and Troy. Perry County is responsible for pedestrian crossings at its facilities, and any identified barriers at those facilities are listed in their evaluations found in Appendix E. There are only a few other areas in Perry County where curbs or sidewalks have been identified, and they are listed in Appendix F. Perry County and the Highway Department will use and follow current ADA Accessibility Guidelines (ADAAG) and Public Rights-of-Way Accessibility Guidelines (PROWAG) as guidelines and best practices for the design of accessible features on new construction and alterations of public ROW and pedestrian facilities. PUBLIC INVOLVEMENT

Perry County’s website contains a statement that invites the public to provide comment on any ADA-related issues by either contacting the ADA Coordinator or attending a Commissioners’ meeting. Perry County has also established an ADA Steering Committee to provide input, guidance and recommendations to the ADA Coordinator and Commissioners regarding barrier removal planning. The ADA Steering Committee consists of Perry County officials, staff from various departments, and at least one individual with a disability or from an organization representing individuals with disabilities. The Steering Committee will meet at least once every three years to evaluate progress made and review any new developments that affect ADA compliance. The public will also be invited to participate and provide comment at all ADA Steering Committee meetings. Documentation pertaining to public involvement and public meetings will be kept on file by the ADA Coordinator and is listed in Appendix G. ACTION PLAN

Although having an Action Plan is not a requirement, it is a helpful tool to assist in efforts to remove non-structural barriers to accessibility. After reviewing self-evaluations, findings, and taking into consideration input received from Perry County’s ADA Steering Committee and the public, Perry County has created an Action Plan (Appendix H) that lists the tasks to be completed over the next three years. TRANSITION PLAN

After reviewing self-evaluations of facilities, findings, input received from Perry County’s ADA Steering Committee and the public, and taking into account funding availability and potential future funding approved by the Perry County Council, Perry County has created a Transition Plan (Appendix I) that lists a schedule of structural barriers to be removed over the next three years. PROGRESS AND UPDATES

Perry County’s ADA Coordinator has created an ADA Compliance Timeline (Appendix J) of progress made toward barrier removal as well as developments and activities that have occurred that affect Perry County’s ADA compliance planning efforts. The ADA Coordinator will keep the Commissioners, County Departments, ADA Steering Committee, and the public informed of progress and updates by updating the Timeline, Action Plan, Transition Plan, and other applicable sections of this Plan at least once every three years.