Ohio Administrative Code|Rule 5101:9-2-02 | The Americans with Disabilities Act.

                                                
(A) How do the Americans with
		  Disabilities Act Amendments Act (ADAAA) (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
		  (ODJFS)?
Each county department of job and family services
		  (CDJFS) is required to:
(1) Provide an individual
			 with a disability with an equal opportunity to benefit from all programs,
			 services, and activities offered by the CDJFS.
(2) Relocate programs or
			 otherwise provide access in inaccessible older buildings, and communicate
			 effectively with individuals who are deaf, hard of hearing, blind, low vision
			 or who have speech disabilities.
(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.
(B) Who is to comply with this
		  rule?
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").
(C) For the purposes of this rule, what
		  is a disability?
A disability is:
(1) A 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.
(D) What is a physical or mental
		  impairment?
(1) The term
			 "physical impairment" includes but is not limited to: 
(a) Physiological disorders or conditions;
(b) Cosmetic disfigurement; or
(c) Anatomical loss affecting one or more of the following
				body systems:
(i) Neurological;
(ii) Musculoskeletal;
(iii) Special sense
				  organs, which include speech organs that are not respiratory such as vocal
				  cords, soft palate, tongue, etc;
(iv) Respiratory,
				  including speech organs;
(v) Cardiovascular;
(vi) Reproductive;
(vii) Digestive;
(viii) Genitourinary;
(ix) Hemic and
				  lymphatic;
(x) Skin;
				  and
(xi) Endocrine.
(2) The term "mental
			 impairment" includes mental or psychological disorders, such as:
			 
(a) Intellectual disabilities;
(b) Organic brain syndrome;
(c) Emotional or mental illness; and
(d) Specific learning disabilities.
(E) What are major life
		  activities?
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.
(F) 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.
(G) What is an ADA plan?
(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" or design
			 its own plan that is substantively equivalent to the JFS 00207.
(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
			 CDJFS.
(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.
(H) What is to be included 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.
(2) The name, telephone
			 number, and email address of an ADA coordinator.
(3) A description of the
			 county agency's ADA grievance procedure.
(4) Examples of
			 reasonable modifications that may be made by the CDJFS or its contracted
			 agents.
(5) A policy permitting
			 the use of service animals, including modification of policies, practices or
			 procedures as necessary for different facilities utilized by the
			 CDJFS.
(6) Procedures to provide
			 effective communication with people with disabilities, including people 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.
(9) A 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 activity.