The Americans with Disabilities Act (ADA), enacted on July 26, 1990, is a civil rights law prohibiting discrimination against individuals based on disability. ADA outlines protections in the following areas:
- Employment
- State and local government services
- Public accommodations
- Telecommunications
- Miscellaneous Provisions
Title II of ADA pertains to the programs, activities, and services provided by public entities. As a provider of public transportation services and programs, Escambia County must comply with this section of the ADA, as it specifically applies to public service agencies. Title II of ADA provides 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.”
Title II of ADA is companion legislation to the Architectural Barriers Acts 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 the 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.
Under Title II, Escambia County must meet these general requirements:
- Must operate their programs so that, when viewed in their entirety, the programs are accessible to and usable by individuals with disabilities.
- 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.
- 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.
- 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.
- 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.
- Must designate at least one responsible employee to coordinate ADA compliance. This person is often 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.
- 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. The notice must include the identification of the employee serving as the ADA coordinator and must provide this information on an ongoing basis.
- Must establish a grievance procedure. Public entities must adopt and publish grievance procedures providing for prompt and equitable resolution of complaints. 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.
Escambia County is required, under Title II of the Americans with Disabilities Act (ADA) and 28 CFR Sec. 35.105, to perform a self-evaluation of its current services, policies, and practices. The goal of the self-evaluation is to verify that, in implementing the county’s services, policies, and practices, the applicable departments are providing accessibility and not adversely affecting the full participation of individuals with disabilities. This transition plan is the outcome of the perpetual self-evaluation the county conducts on its current services, policies, and practices.
Since the adoption of the ADA, Escambia County has striven to provide accessible features as part of the county’s capital improvement projects. As additional information was made available regarding the methods of providing accessible pedestrian features, the county updated its procedures to accommodate.
Escambia County’s goal is to continue to incorporate accessible features on any and all ongoing or future county capital improvement projects. The county designs and constructs all capital improvement projects to meet all applicable ADA design standards and procedures. As these standards and procedures are updated, so will the county update its internal policies and practices to accommodate said updates to reflect best management practices.
The county will consider and respond, and to the greatest extent feasible will address all accessibility improvement requests. The county will coordinate with external agencies to ensure that all new or altered pedestrian facilities within county jurisdiction are ADA-compliant to the maximum possible extent.
In accordance with 28 CFR 35.107(a), Escambia County has identified the Human Resources Department Director to serve as the ADA Title II Coordinator to oversee the county’s policies and procedures. The Human Resources Department can be contacted at 850-595-3000.
Escambia County’s method for upgrading applicable facilities to the current ADA standards is addressed with Local Option Sales Tax dollars and other funding sources. The county’s budget is updated annually and the most recent adopted budget is available for viewing at www.myescambia.com/our-services/budget/information-and-related-documents.
Escambia County recognizes that public participation is an important component in the development of this document. The Escambia County Disability Awareness Community (ECDAC) receives input from the community, which has been gathered and used to help define priority areas for improvements within the jurisdiction of Escambia County. The county’s website includes access to a description of its ADA/504 Program and links to the county’s accessibility information, training, resources, and contacts. The ADA/504 webpage provides ADA Notices, the ADA Grievance Procedure, the county’s Design Standards, and contact information for the Statewide and District ADA Coordinators. The site also includes links to outside sources of information related to accessibility to transportation services and facilities (e.g., FHWA, U.S. Department of Justice (DOJ), Access Board memos, guidance, standards, and regulations, etc.)
Under the Americans with Disabilities Act, each agency is required to publish its responsibilities regarding the ADA. If users of county facilities and services believe the county has not provided reasonable accommodation, they have the right to file a grievance.
In accordance with 28 CFR 35.107(b), the county has developed a grievance procedure for the purpose of the prompt and equitable resolution of citizens’ complaints, concerns, comments, and other grievances. Grievances shall be submitted to the county’s Human Resources Department.
County staff will review/update this attached ADA Transition Plan annually upon approval of the Board of County Commissioners. Updates will include: a list of any changes, emerging issues or accomplishments during the past fiscal year, and any proposed innovation, activities, or goals for the upcoming year. The plan includes each applicable department’s project-level and program-level activities directed toward providing accessibility to its facilities and services. These include a description of the program being implemented; participants involved in the program directly and indirectly; any ADA training provided to BCC staff, consultants and contractors; public involvement activities during program implementation and project delivery; and details of any customer comments/complaints, including resolution of accessibility issues, if applicable.
Escambia County, a Local Agency Program (LAP) Certified Agency that receives federal aid, typically through the Federal Highway Administration (FHWA), for various transportation-related capital improvement projects, is working to meet the recertification deadline of June 30, 2019. As of April 19, 2019, as required by federal law, and to remain in good standing with LAP, staff has sent to FHWA, all necessary documentation and information, including this proposed ADA Transition Plan. Staff will notify FHWA when the BCC has accepted this plan. |