SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

AND

FAIRFAX COUNTY, VIRGINIA

UNDER THE AMERICANS WITH DISABILITIES ACT

DJ 204-79-258

Press Release | Fact Sheet

BACKGROUND

SCOPE OF THE INVESTIGATION

The United States Department of Justice (Department) initiated this matter as a compliance review of Fairfax County, Virginia under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131-12134, and its implementing regulation, 28 C.F.R. Part 35. Because the County receives financial assistance from the Department, the review was also conducted under the authority of section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and its implementing regulation, 28 C.F.R. Part 42, Subpart G.

The review was conducted by the Disability Rights Section of the Department’s Civil Rights Division and focused on the County’s compliance with the following title II requirements:

As part of its compliance review, the Department reviewed the following facilities, which – because construction or alterations commenced after January 26, 1992 – must comply with the ADA’s new construction or alterations requirements: Kingstowne Library, Braddock District Government Center, Government Center Sully District Police, Cub Run Recreation Center, Chantilly Regional Library, Jennings Judicial Center Public Parking Garage B, Mott Community Center, Boys Probation House, Great Falls Library, Herndon Fortnightly Library, Herndon Senior Center, Clemyjontri Park, Reston Community Center-Hunter Woods, Domestic Violence Shelter (name withheld), Mondloch House 1 (#2047), Mount Vernon Governmental Center, Gum Springs Community Center, George Mason Regional Library, George Mason Governmental Center, Kings Park Regional Library, Adult Detention Center, Juvenile Detention Center, James Lee Community Center, Pimmit Hills Senior Center, Bailey’s Community Center, Reston Community Center - Lake Anne, and Patrick Henry Library.

The Department’s program access review covered those of the County’s programs, services, and activities that operate in the following facilities:Sherwood Regional Library, Lincolnia Senior Center, Martha Washington Library, Mount Vernon Recreation Center, Gum Springs Glen Child Care, Mount Vernon Center for Community Mental Health, Franconia Governmental Center, Franconia Governmental Center (Police Department), Hollin Hall Center, Pinecrest Golf Course, Fred Packer Center, Audrey Moore Recreation Center, Wakefield Park, Chapel Government Center, Woodburn Mental Health Center, Pohick Regional Library, Centreville Library, Joseph Willard Health Center, Little River Glen Senior Center, Jennings Judicial Center (Fairfax County Courthouse), Government Center Herrity Building, Government Center Pennino Building, Courthouse (JDR Courts), Fairfax Government Center, Burke Lake Park, Providence Recreation Center, Willston Instructional Facility, Tysons-Pimmit Regional Library, Lee District Recreation Center, Frying Pan Farm, Lorton Library, Spring Hill Recreation Center, Dolly Madison Library, McLean Government Center, Oak Marr Recreation Center, Lake Fairfax Park, North County Government Center, Reston Regional Library, Lake Accotink Park, South Run Recreation Center, Nottoway Park, Annandale Terrace Elementary School, Colin Powell Elementary School, London Towne Elementary School, Olde Creek Elementary School, Fairview Elementary School, Haycock Elementary School, Lorton Senior Center, Lorton Station Elementary School, and Kings Park Elementary School.

The Department conducted a program access review of the following polling places: Annandale Fire Station Company #8, Lake Braddock Secondary School, Commons Community Center, Clifton Town Meeting Hall, Centreville High School, Lee’s Corner Elementary School, Great Falls Elementary School, Herndon Community Center, South County Secondary School, Langley High School, Lewinsville Center, Waples Mill Elementary School, Buzz Aldrin Elementary School, Lake Anne Elementary School, Lee High School, Hunter House at Nottoway Park, Vienna Community Center, and Colvin Run Elementary School. This review was limited to the areas of the facilities used by the voting public: parking, the route from the parking area to the area used for voting, and the area used for voting.

The Department also conducted a program access review of the following facilities that are designated as emergency shelters:Thomas A. Edison High School, Chantilly High School, and Marshall High School. This review was limited to the areas of the facilities used by members of the public during an emergency: parking, the route from the parking area to the area used as a shelter, the area used as a shelter, and toilet facilities serving that area.

The Department reviewed the County’s policies and procedures regarding voting, emergency management and disaster prevention, and sidewalk maintenance to evaluate whether persons with disabilities have an equal opportunity to utilize these programs.

Finally, the Department reviewed the County’s Police and Sheriff Departments’ policies and procedures regarding providing effective communication to persons who are deaf or hard-of-hearing.

    JURISDICTION

  1. The ADA applies to the County because it is a “public entity” as defined by title II. 42 U.S.C. § 12131(1).
  2. The Department is authorized under 28 C.F.R. Part 35, Subpart F, to determine the compliance of the County with title II of the ADA and its title II implementing regulation, to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 42 U.S.C. § 12133, to bring a civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance pursuant to Subpart F.
  3. The Department is authorized under 28 C.F.R. Part 42, Subpart G, to determine the County’s compliance with section 504 of the Rehabilitation Act of 1973, to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 29 U.S.C. § 794 and 28 C.F.R. §§ 42.530 and 42.108-110, to suspend or terminate financial assistance to the County provided by the Department of Justice should the Department fail to secure voluntary compliance pursuant to Subpart G or to bring a civil suit to enforce the rights of the Department under applicable federal, state, or local law.
  4. The parties to this Agreement are the United States of America (United States or Department) and Fairfax County, Virginia (County).
  5. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties enter into this Agreement.
  6. In consideration of, and consistent with, the terms of this Agreement, the Attorney General agrees to refrain from filing a civil suit in this matter regarding all matters contained within this Agreement, except as provided in the section entitled “Implementation and Enforcement.”

    7. ACTIONS TAKEN BY FAIRFAX COUNTY

  7. The County has had a designated ADA Coordinator since 1991 and has an established Fairfax Area Disability Service Board (DSB) comprised of interested citizens. The DSB meets on a regular basis to assist the County with matters and issues that impact the lives of persons with disabilities as it works to improve ADA access to County programs.
  8. The County completed its self-evaluation plan in May 1996, and has a second self-evaluation underway. Separate surveys were also conducted by the Fairfax County School Board, Department of Housing and Community Development, Office of Transportation, and Fairfax County Park Authority.
  9. The County completed its transition plan in June 2005, and has made great strides in implementing its plan to modify existing buildings, such as providing ramps into swimming pools, as well as relocating programs to accessible facilities.
  10. The County has completed a survey of all of its polling places. Voters may apply for registration by mail or in person. Applications are available in all government agency offices, are downloadable from the Internet, or are mailed to the applicant upon request. The County reports that its electronic voting system accessible to citizens who are blind or have low vision, allowing them to vote independently, and it is also purported to be portable and available for curbside voting.
  11. The County has a grievance process for discrimination complaints, including those based on disability, that has been established and is operational. The County has also proposed a separate ADA grievance procedure.
  12. The County has listed information about ADA accessibility and accommodations in many of its brochures, pamphlets, meeting notices, and press releases.
  13. The County has developed an internal resource for providing materials in Braille, which operates though Library Access Services.
  14. The Fairfax County Park Authority has developed and implemented a detailed capital improvements list to improve physical accessibility for 2005-2020.
  15. The County has developed a checklist for planning a meeting or training session so County employees with disabilities will have equal access to these opportunities.
  16. The County has developed a feedback form to evaluate the performance of its sign language interpreting contractors.
  17. Many County departments have a dedicated TTY phone. County business cards, County public notices, and County listings in the phone book include numbers for TTYs or the Virginia Relay Service. County employees receive mandatory training on communications accessibility.
  18. The Maintenance and Stormwater Management Division, Department of Public Works and Environmental Services (MSMD/DPWES) has been installing and repairing accessible ramps located on walkways throughout Fairfax County since July 2000. These are completed as a part of routine inspections and through citizen requests.
  19. The County strives to ensure that its website meets web content accessibility guidelines.
  20. The County, for all its employment practices, has implemented a reasonable accommodation procedure, an online application process, and has established a grievance process.
  21. Fairfax County Code § 3-1-21(d) provides in relevant part that “No officer or employee of the County shall discriminate against any employee or applicant for employment with regard to recruitment, application, testing, certification, appointment, assignment, performance evaluation, training, working conditions, promotion, demotion, discipline, lay-off, discharge, or retirement on the basis of . . . handicap.”
  22. The County’s personnel regulations provide that appointments to positions in the competitive service of Fairfax County must be on a competitive basis, free from discrimination on the basis of handicap.
  23. The County’s employee handbook states that County employees are expressly prohibited from discriminating against any employee or applicant for employment with regard to recruitment, application, testing, certification, appointment, assignment, performance evaluation, training, working conditions, promotion, demotion, discipline, lay-off, discharge, or retirement on the basis of disability.
  24. The County provides training regarding the ADA to its employees.
  25. The County currently requires that certain employee medical records be confidential and kept separate from personnel files.
  26. The County Department of Purchasing and Supply Management’s procurement templates state that “Fairfax County Government is fully committed to the Americans with Disabilities Act (ADA) . . . Fairfax County government contractors, subcontractors, vendors, and/or suppliers are subject to this ADA policy. . . . Your acceptance of this contract acknowledges your commitment and compliance with ADA.”
  27. The County Department of Public Safety Communications (DPSC) operates the County’s new 9-1-1 Public Safety Communications Center (Center), which handles all emergency and non-emergency 9-1-1 calls.
  28. The Center’s telephone system is equipped with Automatic Call Distributor functionality so that all 9-1-1 calls, including TTY calls, are answered with the highest priority.
  29. DPSC’s standard operating procedures require that all silent calls be interrogated with a TTY/TDD to determine if the caller is attempting to report an emergency. They also provide instruction on the use of video relay service and internet protocol relay service.
  30. DPSC’s training, testing, and evaluations for employees who answer 9-1-1 calls include answering TTY calls and challenging 9-1-1 calls.
  31. The County’s Office for Women & Domestic and Sexual Violence Services (OWDSVS) provides domestic violence and abuse programs and services. OWDSVS policy states that Fairfax County is committed to nondiscrimination on the basis of disability in all County programs, services, and activities.
  32. OWDSVS has a policy regarding service animals.
  33. OWDSVS materials made available to the public include telephone and TTY numbers that people may call to request the materials in an alternate format.
  34. OWDSVS training for all staff (except for those who have only incidental contact with persons accessing service) includes working with people with mental health, intellectual, and/or physical disabilities who have experienced sexual and/or domestic violence. Training on the use of TTY and Virginia Relay service calls is also provided to those whose duties may include responding to hotline calls.
  35. The County’s domestic violence shelter includes a unit designated as accessible.
  36. OWDSVS policy provides that a client cannot be denied admission to the domestic violence shelter based on the use of prescription or over-the-counter drugs.
  37. The County has actively worked with the U.S. Department of Justice to begin addressing access concerns set forth in this Agreement, and has, in fact, already undertaken many of the remedial actions required. The County has also expressed a commitment to continue working with the Department, County residents and visitors with disabilities, and organizations that provide services to individuals with disabilities to ensure that equal access is afforded in all of its programs, services, and activities.

    38. REMEDIAL ACTION

    NOTIFICATION

  38. Within two months of the effective date of this Agreement, the County will adopt the attached Notice (Attachment A); distribute it to all agency heads; publish the Notice in a local newspaper of general circulation serving the county; post the Notice on its Internet Home Page; and post copies in conspicuous locations in its public buildings. It will refresh the posted copies, and update the contact information contained on the Notice, as necessary, for the life of this Agreement. Copies will also be provided to any person upon request.
  39. Within six months of the effective date of this Agreement, and on yearly anniversaries of this Agreement until it expires, the County will implement and report to the Department its written procedures for providing information for interested persons with disabilities concerning the existence and location of the County’s accessible programs, services, and activities.

    40. GRIEVANCE PROCEDURE

  40. The County adopted an ADA Grievance Procedure that is consistent with Attachment B, distributed it to all agency heads, and posted copies of it in conspicuous locations in each of its public buildings. It will refresh the posted copies, and update the contact information contained on it, as necessary, for the life of the Agreement. Copies will also be provided to any person upon request.

    41. GENERAL EFFECTIVE COMMUNICATION PROVISIONS

  41. Within three months of the effective date of this Agreement, the County will identify sources of qualified sign language and oral interpreters, real-time transcription services, and will implement and report to the Department its written procedures, with time frames, for fulfilling requests from the public for sign language or oral interpreters, real-time transcription services, and documents in alternate formats (Braille, large print, cassette tapes, accessible electronic formats such as HTML on compact disk or other electronic storage media, etc.).
  42. The County will take steps to ensure that all appropriate employees are trained and practiced in using the Virginia Relay Service to make and receive calls.

    43. 9-1-1

  43. Within three months of the effective date of this Agreement, the County will ensure that each 9-1-1 call station is equipped with a TTY or computer equivalent.
  44. Within three months of the effective date of this Agreement, the County will develop procedures for answering 9-1-1 calls that include training all call takers to use a TTY to take 9-1-1 calls, to recognize a “silent” open line as a potential TTY call and respond by TTY, and to ensure that TTY calls are answered as quickly as other calls received.
  45. The County will monitor its incoming 9-1-1 TTY calls to ensure they are answered as quickly and accurately as other calls received.
  46. The County will incorporate correct TTY call-taking procedures into 9-1-1 call takers’ performance evaluations and will amend its personnel policies to include written disciplinary procedures for call takers who fail to perform TTY call-taking consistent with the training and procedures. The County will implement and report to the Department its evaluation and procedures within three months of the effective date of this Agreement.

    47. LAW ENFORCEMENT

  47. Within three months of the effective date of this Agreement, the Countywill adapt for its own use and implement the Fairfax County Police Department’s Policy Statement on Effective Communication with People Who are Deaf or Hard of Hearing [Attachment C] and distribute to all Police Department officers the Guide for Law Enforcement Officers When in Contact with People Who are Deaf or Hard of Hearing [Attachment D].
  48. Within three months of the effective date of this Agreement, the County will contract with one or more local qualified oral/sign language interpreter agencies to ensure that the interpreting services will be available on a priority basis, twenty-four hours per day, seven days a week, to its police department or make other appropriate arrangements (such as contracting directly with or hiring qualified interpreters).
  49. Within three months of the effective date of this Agreement, the Countywill ensure that each police station or substation and each detention facility is equipped with a working TTY to enable persons who are deaf, hard of hearing, or who have speech impairments to make outgoing telephone calls. Where inmate telephone calls are time-limited, the County will adopt policies permitting inmates who use TTYs a longer period of time to make those calls, due to the slower nature of TTY communications compared with voice communications.
  50. Within three months of the effective date of this Agreement, the County will implement written policies and procedures to provide information to, and communicate with, families of prisoners with disabilities in the event that a prisoner with a disability has authorized such dissemination of information.
  51. Within three months of the effective date of this Agreement, the County shall implement written policies and procedures to ensure that prisoners with disabilities have access to emergency medical care, including psychiatric services and treatment, twenty-four hours per day, seven days a week.
  52. Within three months of the effective date of this Agreement, the County will ensure that it transports prisoners with disabilities in appropriate vehicles with seats, seatbelts, and at appropriate temperatures. Persons with disabilities who use wheelchairs shall be transported in vehicles that enable them to enter the vehicle using a ramp, to sit in the wheelchair during transit, and for the wheelchair to be secured so it does not tip during transit and positioned so that starting and stopping of the vehicle does not dislodge the person seated in the wheelchair. Handcuffs will be used so as to permit the individual’s hands to rest in a natural manner and so the individual can use them during transport to shift seated position and provide seated stability.
  53. Within one month of the effective date of this Agreement, the County will ensure that prisoners with disabilities who utilize medical equipment or devices such as leg braces, wheelchairs, or prosthetic limbs will not be denied recreation privileges accorded to prisoners without disabilities unless the County makes an individualized assessment, memorialized in writing, that a significant risk to the health or safety of other prisoners or County staff exists and that the risk cannot be mitigated by reasonable modifications of policies, practices, or procedures or by the provision of auxiliary aids or services. The County will maintain records of individualized assessments, which shall be provided to the Department in its reporting and be available to the Department upon request.

    54. EMPLOYMENT

  54. Within three months of the effective date of this Agreement, the County will amend its employment policies, as necessary, to comply with the regulations of the U.S. Equal Employment Opportunity Commission implementing title I of the Americans with Disabilities Act of 1990, codified at 29 C.F.R. Part 1630. At minimum, those policies will provide that the County:
    • will not discriminate on the basis of disability in its hiring or employment practices.
    • will not ask a job applicant about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. Medical examinations or inquiries may be made, but only after a conditional offer of employment is made and only if required of all applicants for the position.
    • will make reasonable accommodations for the known physical or mental limitations of a qualified applicant or employee with a disability upon request unless the accommodation would cause an undue hardship on the operation of the City’s business. If an applicant or an employee requests a reasonable accommodation and the individual's disability and need for the accommodation are not readily apparent or otherwise known, the County may ask the individual for information necessary to determine if the individual has a disability-related need for the accommodation.
    • will maintain any employee’s medical records separate from personnel files and keep them confidential.
    • will make an individualized assessment of whether a qualified individual with a disability meets selection criteria for employment decisions. To the extent the County selection criteria have the effect of disqualifying an individual because of disability, those criteria will be job-related and consistent with business necessity.

    55. POLLING PLACES

  55. Some of the County polling places may be owned or operated by other public entities subject to title II or by public accommodations subject to title III and, as such, would be subject to the obligation to provide program access or to remove barriers to accessibility under the ADA. This Agreement does not limit future enforcement action against the owners or operators of these polling places by any person or entity, including the Department.
  56. Before designating any site as a new polling place, the County will survey the site using the survey instrument at Attachment F to determine whether the site contains barriers to access by people with disabilities in the parking, exterior route to the entrance, entrance, interior route to the voting area, or voting area. The County will not designate any such site as a polling place until all such barriers have been removed.
  57. The Department surveyed certain of Fairfax County's polling places. Barriers to access at such polling places owned by the County and the dates by which the County will remove barriers are noted in Attachments I, J, and K.
  58. Barriers to access at the polling places not owned by the County that were surveyed by the Department are noted in Attachment E. Within one month of the effective date of this Agreement, the County will request in writing that each of the owners and operators of the polling places listed in Attachment E remove the noted barriers to access for persons with disabilities within one year of the effective date of this Agreement. The County will provide a copy of the Department's ADA Checklist for Polling Places (www.ada.gov/votingck.htm) with the written request. The County will simultaneously send a courtesy copy of the request to the Department.
  59. Within 12 months of the effective date of this Agreement, the County will survey all facilities listed in Attachment E to determine whether the barriers noted have been removed. If not, for each polling place that still contains inaccessible parking, exterior route to the entrance, entrance, interior route to the voting area, or voting area, the County will identify within 18 months of the effective date of this Agreement an alternate location where these elements are accessible. That identification will utilize the survey instrument that appears as Attachment F to this Agreement. The County will then take immediate steps to change its polling place to the new location. Under this provision of the Agreement, the County will ensure that barriers at each polling place identified in Attachment E are either removed or a substitute accessible polling place is in operation before the next election occurring more than 18 months after the effective date of this Agreement, unless another deadline is specified in Attachment E.
  60. Within 12 months of the effective date of this Agreement, using the survey instrument at Attachment F, the County will survey all polling places not surveyed by the Department to identify barriers to access by people with disabilities in the parking, exterior route to the entrance, entrance, interior route to the voting area, and voting area. Within 12 months of the effective date of this Agreement, for each such polling place, the County will then either (1) ensure that all barriers to access by people with disabilities have been removed or (2) identify an alternate polling place with no barriers to access by people with disabilities. That identification of accessible polling places will utilize the survey instrument that appears as Attachment F to this Agreement. The County will then take immediate steps to change each new inaccessible polling place to a new accessible location. Under this provision of the Agreement, the County will ensure that barriers at each polling place the Department did not survey are either removed or a substitute accessible polling place is in operation before the next election occurring more than 18 months after the effective date of this Agreement.
  61. Until all polling places in each precinct or voting district have accessible parking, exterior routes, entrances, interior routes to the voting area, and voting area, prior to each election, the County will identify and widely publicize to the public and to persons with disabilities and organizations serving them the most accessible polling place(s) for each precinct or voting district.
  62. Within three months of the effective date of this Agreement, the County will provide opportunities for same-day balloting for voters with disabilities whose assigned polling place does not have accessible parking, exterior route to entrance, entrance, interior route to the voting area, and voting area. The method for providing these opportunities may include allowing the individual to vote at another nearby location that is accessible, allowing individuals with disabilities to vote by an absentee ballot that is accepted if postmarked on the day of the election (or picked up by election officials at the home of the voter on the same day as the election), providing curbside voting at the inaccessible polling place, or any other method that ensures that voters with disabilities have the same degree of information available to them when casting their ballots as others. If curbside assistance is provided and a polling place official is not stationed outside to provide assistance to people with disabilities in curbside voting, it must include a reliable, effective mechanism by which individuals with disabilities can summon election officials to provide curbside assistance without leaving their vehicles and ensure prompt response and assistance with curbside voting from polling officials.
  63. Within three months of the effective date of this Agreement, the County will survey its voter registration locations for accessibility to persons with disabilities by using the form provided at Attachment F and will report the results of this survey to the Department. If barriers to access are identified, the County will implement and report to the Department its plan to provide program access, which may include allowing persons to register to vote through alternative means or at alternative locations.
  64. Within three months of the effective date of this Agreement, the County will make all voter registration materials available in alternate formats, including Braille, large print, audio tape, and computer disk.
  65. Within the month prior to the next election that utilizes the County's polling places, and at yearly anniversaries of the effective date of this Agreement until it expires, the County will train poll workers on the rights of people with disabilities and the practical aspects of assuring those rights. The training will cover, at minimum, the need to maintain the physical accessibility of polling locations; how to assist people with disabilities, as necessary; and how to operate any non-standard voting equipment or accessible features of standard equipment (particularly new, accessible equipment).

    66. EMERGENCY MANAGEMENT PROCEDURES AND POLICIES

  66. The Department will work collaboratively with the County to ensure that the County’s Emergency Operations Plan (EOP) will be in compliance with ADA requirements. The touchstone for compliance with ADA requirements relating to emergency management is Chapter 7 of the Department’s ADA Best Practices Tool Kit for State and Local Government (ADA Tool Kit), which addresses in detail key ADA obligations that apply to all aspects of emergency management, including planning, preparedness, evacuation, shelters, medical and social services, lodging and housing programs, recovery, and rebuilding.
  67. The County is committed to compliance with the ADA requirements as described in Chapter 7 of the ADA Tool Kit. Within 60 days of the effective date of this Agreement, the County will revise its EOP so that it conforms with Chapter 7 of the ADA Tool Kit, and the County will provide a copy of its revised EOP (including supporting documents) to the Department. The Department will review the revised EOP to ensure compliance with title II of the ADA and its implementing regulation.
  68. If the County contracts with another entity, such as the American Red Cross or another local government, to provide its emergency preparedness plans and emergency response services, the County will ensure that the other entity complies with the following provisions on its behalf.
  69. Within three months of the effective date of this Agreement, the County will implement and report to the Department its written procedures that ensure that it regularly solicits and incorporates input from persons with a variety of disabilities and those who serve them regarding all phases of its emergency management plan (preparation, notification, response, and clean up).
  70. Within three months of the effective date of this Agreement, the County will implement and report to the Department its written procedures that ensure that its community evacuation plans enable those who have mobility impairments, vision impairments, hearing impairments, cognitive disabilities, mental illness, or other disabilities to safely self-evacuate or be evacuated by others. Some communities are instituting voluntary, confidential registries of persons with disabilities who may need individualized evacuation assistance or notification. If the County adopts or maintains such a registry, its report to the Department will discuss its procedures for ensuring voluntariness, appropriate confidentiality controls, and how the registry will be kept updated, as well as its outreach plan to inform persons with disabilities of its availability. Whether or not a registry is used, the County plan should address accessible transportation needs for persons with disabilities.
  71. Within three months of the effective date of this Agreement, the County will implement and report to the Department its written procedures that ensure that if its emergency warning systems use sirens or other audible alerts, it will also provide ways to inform persons with hearing impairments of an impending disaster. The use of auto-dialed TTY messages to pre-registered individuals who are deaf or hard of hearing, text messaging, e-mails, open-captioning on local TV stations and other innovative uses of technology may be incorporated into such procedures, as well as lower-tech options such as dispatching qualified sign language interpreters to assist with emergency TV broadcasts.
  72. Within three months of the effective date of this Agreement, the County will implement and report to the Department its written procedures that ensure that at least one emergency shelter has a back-up generator and a way to keep medications refrigerated (such as a refrigerator or a cooler with ice). Such shelter(s) will be made available to persons whose disabilities require access to electricity and refrigeration, for example, for using life-sustaining medical devices, providing power to motorized wheelchairs, and preserving certain medications, such as insulin, that require refrigeration. The written procedures will include a plan for notifying persons of the location of such shelter(s).
  73. Within three months of the effective date of this Agreement, the County will implement and report to the Department its written procedures that ensure that persons who use service animals are not separated from their service animals when sheltering during an emergency, even if pets are normally prohibited in shelters. The procedures will not segregate persons who use service animals from others but may take into account the potential presence of persons who, for safety or health reasons, should not be in contact with certain types of animals.
  74. Some of the County’s emergency shelters may be owned or operated by other public entities subject to title II or by public accommodations subject to title III and, as such, are subject to the obligation to provide program access or remove barriers to accessibility under the ADA. This Agreement does not limit such future enforcement action against the owners or operators of these facilities by any person or entity, including the Department.
  75. Within one month of the effective date of this Agreement, the County will request in writing that each of the owners and operators of the shelter facilities listed in Attachment G will remove the noted barriers to access for persons with disabilities. The request will specify that the remediation be completed within one year of the effective date of this Agreement, unless another deadline is specified in Attachment G. The County will simultaneously send a courtesy copy of the request to the Department.
  76. Within 14 months of the effective date of this Agreement, the County will survey the shelters listed in Attachment G to determine whether the noted barriers have been removed. If not all barriers have been removed, the County will identify within 18 months of the effective date of this Agreement an appropriate number of alternate shelters where the parking, exterior routes, entrances, interior routes to the shelter area, and toilet rooms to the shelter area comply with the Standards.
  77. Within three months of the effective date of this Agreement and until all emergency shelters have accessible parking, exterior routes, entrances, interior routes to the shelter area, and toilet rooms serving the shelter area, the County will identify and widely publicize to the public and to persons with disabilities and the organizations that serve them the most accessible emergency shelters.
  78. Within 3 months of the effective date of this Agreement, the County will develop, implement, and report to the Department its plans for providing equivalent opportunities for accessible post-emergency temporary housing to persons with disabilities. Within one year of the effective date of this Agreement, the County will ensure that information it makes available regarding temporary housing includes information on accessible housing (such as accessible hotel rooms within the community or in nearby communities) that could be used if people with disabilities cannot immediately return home after a disaster if, for instance, necessary accessible features such as ramps or electrical systems have been compromised.

    79. SIDEWALKS

  79. Within three months of the effective date of this Agreement, the County will implement and report to the Department its written process for soliciting and receiving input from persons with disabilities regarding the accessibility of its sidewalks, including, for example, requests to add curb cuts at particular locations.
  80. Within three months of the effective date of this Agreement, the County will identify and report to the Department all of its streets, roads, and highways that have been constructed or altered since January 26, 1992. Paving, repaving, or resurfacing a street, road, or highway is considered an alteration for the purposes of this Agreement. Filling a pothole is not considered an alteration for the purposes of this Agreement. Within three years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the Standards or UFAS at all intersections of the streets, roads, and highways identified under this paragraph having curbs or other barriers to entry from a street level pedestrian walkway.
  81. Beginning no later than three months after the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the Standards or UFAS at any of its intersections having curbs or other barriers to entry from a street level pedestrian walkway, whenever a new street, road, or highway is constructed or altered by, or on behalf of, the County.
  82. Within three months of the effective date of this Agreement, the County will identify all of its street level pedestrian walkways that have been constructed or altered since January 26, 1992. Paving, repaving, or resurfacing a walkway is considered an alteration for the purposes of this Agreement. Within three years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the Standards or UFAS at all places where a street level pedestrian walkway identified under this paragraph intersects with a street, road, or highway.
  83. Beginning no later than three months after the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the Standards or UFAS at all of its newly constructed or altered pedestrian walkways where they intersect a street, road, or highway.

    84. WEB-BASED SERVICES AND PROGRAMS

  84. Within 1 month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the County will distribute to all persons – employees and contractors – who design, develop, maintain, or otherwise have responsibility for content and format of its website(s) or third party websites used by the County (Internet Personnel) the technical assistance document, “Accessibility of State and Local Government Websites to People with Disabilities,” which is Attachment H to this Agreement (it is also available at www.ada.gov/websites2.htm).
  85. Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the County will do the following:
    1. Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation;
    2. Ensure that all new and modified web pages and content are accessible;
    3. Develop and implement a plan for making existing web content more accessible;
    4. Provide a way for online visitors to request accessible information or services by posting a telephone number or e-mail address on its home page; and
    5. Periodically (at least annually) enlist people with disabilities to test its pages for ease of use.

    86. NEW CONSTRUCTION, ALTERATIONS, AND PHYSICAL CHANGES TO FACILITIES

  86. The County will ensure that all buildings and facilities constructed by or on behalf of the County are constructed in full compliance with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards.
  87. The County will ensure that alterations to County facilities are made in full compliance with requirements of 28 C.F.R. § 35.151, including applicable architectural standards.
  88. The elements or features of the County’s facilities that do not comply with the Standards, including those listed in Attachments I, J, K, and L, prevent persons with disabilities from fully and equally enjoying the County’s services, programs, or activities and constitute discrimination on the basis of disability within the meaning of 42 U.S.C. § 12132 and 28 C.F.R. §§ 35.149 and 35.150.
  89. The County will comply with the cited provisions of the Standards when taking the actions required by this Agreement.
  90. Within three months of the effective date of this Agreement, the County will install signage as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible.
  91. Newly Constructed Facilities: In order to ensure that the following spaces and elements in County facilities, for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachments I and M.
  92. Altered Facilities: In order to ensure that the following spaces and elements in County facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachments J and M.
  93. Program Access in County Existing Facilities: In order to ensure that each of the County programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, is readily accessible to and usable by persons with mobility impairments, the County will take the actions listed in Attachments K and M.
  94. Facilities and Programs Not Surveyed by the Department: The County will review compliance with the requirements of title II of the ADA for those County facilities and programs that were not reviewed by the Department. Within 12 months of the effective date of this Agreement, the County will submit for review by the Department a detailed report listing the access issues identified during its review together with the corrective actions and completion dates proposed to resolve such issues. The review conducted by the County, the access issues identified, and the corrective actions and completion dates proposed will be consistent with the requirements of title II of the ADA; the review of County facilities and programs conducted by the Department for purposes of this Agreement; and the access issues, corrective actions, and completion dates reflected in Attachments I, J, K, and M.

    95. PROGRAM MODIFICATIONS

  95. Access to County Programs Housed in Others’ Facilities: In order to ensure that the County’s programs, services, and activities that are the subject of this Agreement and that are operated by the County at facilities owned or controlled by other entities, when viewed in its entirety, are readily accessible to and usable by persons with mobility impairments, the County will take the actions listed in Attachment L and M.

    96. PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE AND ABUSE

  96. If the County owns or operates any Domestic Violence Programs, within three months of the effective date of this Agreement, it will do the following:
    1. Whatever written information is provided regarding its Domestic Violence Programs will also be provided in alternate formats, including Braille, large print, audio recording, and electronic formats, upon request.
    2. Enter into contracts or make other arrangements with qualified sign language and oral interpreters to ensure their availability when required for effective communication with persons who are deaf or hard of hearing. The type of aid that will be required for effective communication will depend on the individual’s usual method of communication, and the nature, importance, and duration of the communication at issue. In many circumstances, oral communication supplemented by gestures and visual aids, an exchange of written notes, use of a computer or typewriter, or use of an assistive listening device may be effective. In other circumstances, qualified sign language or oral interpreters are needed to communicate effectively with persons who are deaf or hard of hearing. The more lengthy, complex, and important the communication, the more likely it is that a qualified interpreter will be required for effective communication with a person whose primary means of communication is sign language or speech reading.
    3. If the County’s Domestic Violence Programs operate a hotline to take telephone calls of an emergency nature, the County shall ensure that it provides equivalent service for persons who use TTYs, including providing direct-connection service for TTY users with hotline operators, without requiring TTY users to call through a third party operator, such as through the state or local Telecommunication Relay Services. The County will obtain the necessary equipment, establish the written procedures, and provide the training necessary to ensure effective communication by Hotline staff with direct-connection callers using TTYs, as well as the training necessary to respond to callers who use the Telecommunication Relay Services.
    4. Survey facilities used as shelters or designated as potential shelters – or for counseling, job training, education, clothing or household provisioning, or other aspects of Domestic Violence Programs – to ensure that adequate arrangements are available for potential clients and family members with disabilities, including adults and children who have mobility impairments, who are blind or have low vision, and who are deaf or hard of hearing. Within one year of the effective date of this Agreement, modify each such facility to remove the barriers or, alternatively, procure another, fully accessible facility to ensure that potential clients and family members with disabilities have integrated options when participating in a sheltering or other Domestic Violence program. Nothing in this Agreement requires any modifications that would compromise the confidentiality of a shelter or counseling center. Until there is a sufficient stock of accessible housing and other facilities within the sheltering program, the County will implement written procedures ensuring that it has identified temporary accessible housing (such as accessible hotel rooms within the community or in nearby communities) and other facilities that could be used if people with disabilities need sheltering or inservice access to a Domestic Violence Program. The cost to potential clients of being housed or otherwise served in alternate accessible facilities shall not exceed any costs normally attributed to clients of the County’s Domestic Violence Programs.
    5. Implement written procedures and modify, as appropriate, eligibility criteria, to ensure that no person with a disability is turned away from a shelter or otherwise denied the opportunity to benefit from the services of the County’s Domestic Violence Programs on the basis of disability.
    6. Implement written procedures to ensure that persons with disabilities who use service animals are not denied or discouraged from participating in Domestic Violence Programs, are able to be housed and served in an integrated environment, and are not separated from their service animals while participating in the County’s Domestic Violence Programs even if pets are normally not permitted in the facilities where such programs are conducted. The procedures will not segregate persons who use service animals from others but may take into account the potential presence of persons who, for safety or health reasons, should not be in contact with certain types of animals. If the County’s Domestic Violence Programs require clients to make any payments for shelter or other services they provide, clients shall not be required to make additional payments because they or their family members use service animals. The County will amend the service animal policy currently used in its Domestic Violence Programs consistent with Departmental guidance.
    7. Implement written procedures to ensure that reasonable modifications are made to County’s Domestic Violence Programs when necessary for a client or family member with a disability to participate in such Programs, unless doing so would fundamentally alter the nature of the program.
    8. Implement written policies to ensure that despite any “drug-free” policy of County’s Domestic Violence Programs, persons with disabilities who use medication prescribed for their use are able to continue using such medication while participating in such Programs or being housed in a shelter.
  97. If the County contracts with another entity to provide or operate programs that provide shelter, counseling, or other assistance or supportive services to victims of domestic violence or abuse and their families (hereafter referred to as “Domestic Violence Programs”), it will ensure that the other entity complies with the preceding provisions on its behalf. If that entity will not comply with the following provisions, the County will nonetheless take all necessary steps to ensure that its program is accessible to persons with disabilities.
  98. Some of the of the County’s shelters may be owned or operated by other public entities subject to title II or by public accommodations subject to title III and, as such, are subject to the obligation to provide program access or remove barriers to accessibility under the ADA. This Agreement does not limit such future enforcement action against the owners or operators of these facilities by any person or entity, including the Department.
  99. This Agreement shall not be construed to require the County to divulge confidential information relating to the location or existence of any Domestic Violence Programs, beyond what is otherwise required by applicable law or what is necessary for the Department to effectively enforce this Agreement.

    100. MISCELLANEOUS PROVISIONS

  100. Except as otherwise specified in this Agreement, at yearly anniversaries of the effective date of this Agreement until it expires, the County will submit written reports to the Department summarizing the actions the County has taken pursuant to this Agreement. Reports will include detailed photographs showing measurements, architectural plans, work orders, notices published in the newspaper, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations or equipment.
  101. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the County will maintain the accessibility of its programs, activities, services, facilities, and equipment, and will take whatever actions are necessary (such as routine testing of accessibility equipment and routine accessibility audits of its programs and facilities) to do so. This provision does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs. 28 C.F.R. § 35.133(b). This Agreement does not limit the County’s ability to use the 2010 Standards for Accessible Design to the extent permitted by the revised title II regulation issued by the Department of Justice on September 15, 2010 (75 Fed. Reg. 56164-01 (Sept. 15, 2010)).
  102. Within six months of the effective date of this Agreement, the County will develop or procure a two-hour training program on the requirements of the ADA and appropriate ways of serving persons with disabilities. The County will use the ADA technical assistance materials developed by the Department and will consult with interested persons, including individuals with disabilities, in developing or procuring the ADA training program.
  103. Within one year of the effective date of this Agreement, the County will deliver its training program to all County employees who have direct contact with members of the public. At the end of that period, the County will submit a copy of its training curriculum and materials to the Department, along with a list of employees trained and the name, title, and address of the trainer.

    104. IMPLEMENTATION AND ENFORCEMENT

  104. If at any time the County desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it will promptly notify the Department in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. Until there is written Agreement by the Department to the proposed modification, the proposed modification will not take effect. These actions must receive the prior written approval of the Department, which approval will not be unreasonably withheld or delayed.
  105. The Department may review compliance with this Agreement at any time. If the Department believes that the County has failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department for a modification of the relevant terms, the Department will so notify the County in writing and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to the County, it may institute a civil action in federal district court to enforce the terms of this Agreement, or it may initiate appropriate steps to enforce title II and section 504 of the Rehabilitation Act.
  106. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County to fail to comply in a timely manner with any of its requirements without obtaining sufficient advance written agreement with the Department for an extension of the relevant time frame imposed by the Agreement.
  107. Failure by the Department to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein will not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement.
  108. This Agreement is a public document. A copy of this document or any information contained in it will be made available to any person by the County or the Department on request.
  109. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement (including its Attachments, which are hereby incorporated by reference), will be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect the County’s continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act.
  110. This Agreement will remain in effect for seven years and six months from the effective date of this Agreement.
  111. The person signing for the County represents that he or she is authorized to bind the County to this Agreement.
  112. The effective date of this Agreement is the date of the last signature below.

For Fairfax County, Virginia:

By: ____________________________
SHARON BULOVA
Chairman, Board of Supervisors

Date: ____1/11/2011___________


By: ____________________________
ANTHONY H. GRIFFIN
County Executive

Date: _______1/11/2011________

For the United States:

THOMAS E. PEREZ,
Assistant Attorney General
Civil Rights Division
SAMUEL R. BAGENSTOS,
Principal Deputy Assistant Attorney General
Civil Rights Division

RENEE M. WOHLENHAUS, Acting Chief
JEANINE WORDEN, Deputy Chief
DOV LUTZKER, Acting Deputy Chief
Disability Rights Section - NYA

By:_____________________________
JENNIFER K. MCDANNELL, Supervisory Attorney

By:_____________________________
LYN SOWDON, Investigator
DANA JACKSON, Investigator
BRIAN RYU, Architect
Disability Rights Section - NYA
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Washington, DC 20530
202-514-0663
202-514-7821 (Fax)

Date: ______1/28/2011___________

January 28, 2011