How do the
amendments to Title II of the
Disabilities Act Amendments
(hereinafter referred to as ADA),
42 U.S.C. section
12101 (as in effect on 2/25/2020) and
section 504 of the Rehabilitation Act (2008),
29 U.S.C. section
701 (as in effect on 2/25/2020), apply
to programs supervised by the Ohio department of job and family services
Each county department of job and family services (CDJFS) is
(1) Provide an individual
with a disability with an equal opportunity to benefit from all programs,
services, and activities offered by the CDJFS.
Relocate programs or otherwise provide
access in inaccessible older buildings, and communicate effectively with
that have hearing, vision,
who are deaf, hard of hearing, blind, low
vision or who have
(3) Make reasonable modifications to local
policies, practices, and procedures where necessary to avoid discrimination,
unless doing so would fundamentally alter the nature of the service, program,
or activity being provided.
This rule applies to every CDJFS and any governmental or
non-governmental entity that receives funds from the CDJFS, whether directly or
indirectly, to provide services to individuals or to perform duties or
activities for or on behalf of the CDJFS pursuant to a contract, grant, or
other agreement (hereafter, "contracted agent").
For the purposes of this rule, what is a
A disability is:
physical, or mental impairment that substantially limits one or more of the
major life activities of such individual.
(2) A record of such impairment; or
(3) Being regarded as having an impairment as
described in paragraph (C)(1) of this rule.
What is a physical or mental impairment?
The term "physical impairment" includes
but is not limited to:
physiological disorders or
conditions; cosmetic disfigurement; or anatomical loss affecting one or more of
the following body systems: neurological; musculoskeletal; special sense organs
(which would include speech organs that are not respiratory such as vocal
cords, soft palate, tongue, etc.); respiratory, including speech organs;
cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic;
skin; and endocrine.
Physiological disorders or conditions;
Anatomical loss affecting one or more of the following
organs, which include speech organs that are not respiratory such as vocal
cords, soft palate, tongue, etc;
including speech organs;
The term "mental impairment" includes
mental or psychological disorders, such as:
mental retardation, organic brain syndrome,
emotional or mental illness, and specific learning disabilities.
Organic brain syndrome;
mental illness; and
Specific learning disabilities.
What are major life
Caring for oneself, performing manual tasks, walking, seeing,
hearing, eating, sleeping, standing, sitting, reaching, lifting, bending,
reading, speaking, breathing, learning, concentrating, thinking, communicating,
interacting with others and working. Major life activities also include major
bodily functions such as special sense organs, skin, bladder, bowel, digestive,
immune system, cell growth, brain, respiratory, cardiovascular, hemic,
lymphatic, genitourinary, musculoskeletal, neurological, circulatory,
endocrine, and reproductive systems.
What is a reasonable modification?
A reasonable modification is any reasonable change in the way a
CDJFS or its contracted agents do something for an individual with a disability
or which would allow the individual with a disability to participate in or
enjoy equal access to programs administered by the CDJFS, which does not fundamentally alter the nature of the
services, program or activity. If an individual
is only regarded as having such an impairment under paragraph (C)(1) of this
rule, the individual is not entitled to reasonable modifications, but is
otherwise entitled to all of the same process of redress as those identified in
paragraph (C)(1) of this rule.
What is an
Americans with Disabilities Act (
(1) An ADA
plan is written policies and procedures that describe how the CDJFS and its
contracted agents will comply with the ADA, section 504 of the Rehabilitation
Act, and all other applicable federal and state laws and regulations.
(2) Each CDJFS is required to complete the
JFS 00207 "ADA Compliance Plan"
design its own plan that is substantively equivalent to the JFS
(3) Upon adoption or
revision of its ADA plan, the CDJFS shall provide ODJFS with an accurate copy
of the plan.
(4) Each CDJFS and its
contracted agents shall implement and comply with the ADA plan adopted by the
(5) The CDJFS shall be
responsible for maintaining copies of its ADA plan and making the ADA plan
available to its staff, contracted agents, and the public.
in an ADA plan? Each ADA plan shall include:
(1) A statement that the CDJFS and its
contracted agents will comply with the ADA plan and all applicable federal and
state laws and regulations.
name, telephone number, and email address of an ADA coordinator.
(3) A description of the county agency's ADA
of reasonable modifications that may be made by the CDJFS or its contracted
(5) A policy permitting the
use of service animals, including modification of policies, practices or
procedures as necessary for different facilities utilized by the
Procedures to provide
effective communication with people with disabilities, including people
with speech, hearing or vision
who are deaf, hard of hearing,
blind, low vision, or who have speech disabilities
(7) A protocol for training new and existing
staff members on the provisions of the ADA plan adopted by the CDJFS.
(8) An explanation on how the CDJFS plans to
ensure the confidentiality of medical records received as a part of a request
for reasonable modification.
description of the process and tool the CDJFS utilizes to assess an individual
with a disability prior to assigning the individual to participate in an