development of ada self-evaluation & transition …...• bus stops transition plan development...

Development of ADA Self-Evaluation

& Transition PlansAshley C. Council, J.D. – ADA Specialist

NCDOT OFFICE OF CIVIL RIGHTS

What would you like to learn from today?

2

This Photo by Unknown Author is licensed under CC BY-SA

Required of All Entities

Development of ADA Self Evaluation & Transition Plans

• Rehabilitation Act of 1973

– USDOT Implementing Regulations (49 CFR§27)

• Americans with Disabilities Act of 1990

– USDOJ Implementing Regulations (28 CFR§35)

3

Municipalities must ensure ADA compliance.

Who does the self-evaluation and

transition plan requirement apply to?

Development of ADA Self Evaluation & Transition Plans

• Municipalities with 50+ employees:

–ANY employee who receives ANY kind of

compensation or benefit is counted toward

the unit of government.

4

Self-Evaluation

Development of ADA Self Evaluation & Transition Plans

• Purpose and Scope

• Identify barriers in programs & activities that prevent

persons with disabilities from access (includes

evaluation of policies and practices).

• KEY – Provide equivalent access to the maximum

extent feasible.

5

Self-Evaluation

Development of ADA Self Evaluation & Transition Plans

• Public right-of-way accessing government offices,

medical facilities, downtown core areas, school

zones, residential areas, etc.

• Parks, shared use trails

• Access to public buildings (permit/licensing

offices, public meeting rooms, etc.)

6

Critical Areas to Evaluate: Vertical Facilities for which

your municipality is responsible.

Self-Evaluation

Development of ADA Self Evaluation & Transition Plans

• Critical Areas to Evaluate: Pedestrian Facilities

for which your municipality is responsible.

7

• Curbs Ramps

• Sidewalks

• Pedestrian Crossings

• Pedestrian Signals

• Shared Use Trails

• Parking Lots

• Bus Stops

Transition Plan

Development of ADA Self Evaluation & Transition Plans

Accessibility Guidelines:

1. Americans with Disabilities Act

Accessibility Guidelines (ADAAG)

2. Public Right-of-Way Accessibility

Guidelines (PROWAG)

Stick with whatever you pick!

8

Self-Evaluation

Development of ADA Self Evaluation & Transition Plans

These are some of the things you should be evaluating:

9

Inventory Requirements

Not just for non-compliant issues!

Your vertical and pedestrian inventories should include all

property owned or under the control of your municipality,

not just properties with barriers. If a facility is completely

compliant, indicate that in the inventory. The goal is to

show that all facilities have been evaluated according to

appropriate guidelines.

10

This Photo by Unknown Author is licensed under CC BY-SA

Self-Evaluation

Development of ADA Self Evaluation & Transition Plans

• Conducting the Evaluation

• Agency Commitment

• Staff resources (i.e. survey/maintenance staff, interns)

• Private consultants/contractors

11

Public Involvement

Development of ADA Self Evaluation & Transition Plans

Were interested parties allowed to provide comment/feedback

during the self-evaluation/transition plan process?

• A public entity shall provide an opportunity to

interested persons, including individuals with

disabilities or organizations representing individuals

with disabilities, to participate in the self-evaluation

process by submitting comments

12

Self-Evaluation & Transition Plan

Public Input

You have to get the word out to the public!

- Put the word out to the disability community

- Mayor’s Committee for Persons with Disabilities

- Use print and electronic media

- Use radio and broadcast television

Development of ADA Self Evaluation & Transition Plans

Self-Evaluation & Transition Plan

Development of ADA Self Evaluation & Transition Plans

• Keep records of your public input!

– Keep minutes from meetings

– Keep all correspondence

– Keep a record of attendance

– Keep a list of all who were consulted

14

Self-Evaluation

Development of ADA Self Evaluation & Transition Plans

End Result

• Inventory of all facilities, including details of

modifications needed to make facilities accessible

to persons with disabilities

• Foundation for a Transition Plan

• Maintain in file/available for public

15

This Photo by Unknown Author is licensed under CC BY-NC

Transition Plan

Development of ADA Self Evaluation & Transition Plans

• Does the municipality have a Transition Plan?

• At a minimum, the Transition Plan should include the following:

• Inventory of the facilities indicating existing obstacles limiting

accessibility;

• A detailed description of the methods used to make facilities

accessible;

• A detailed plan/schedule for doing the work to make facilities

accessible; and

• The name of the official responsible for implementing the plan.

16

Transition Plan

Development of ADA Self Evaluation & Transition Plans

ADA Coordinator – Contact information must be readily

available to the public.

• ADA coordinator helps to ensure that persons dealing with

municipalities are easily able to find a responsible person who is

familiar with the requirements of the Act and who can

communicate those requirements to others in the municipality.

The ADA Coordinator is also responsible, within the entity, for

carrying out investigations of complaints alleging noncompliance

or alleging any action that would be prohibited under the ADA.

17

Transition Plan

Development of ADA Self Evaluation & Transition Plans

Is there a clear designation of the person

responsible for the Transition Plan?

– This is the person charged with

seeing the Transition Plan through

to completion.

– Does not have to be the same

person as the ADA Coordinator.

18

Transition Plan

Development of ADA Self Evaluation & Transition Plans

ADA Position Statement (28 CFR § 35.106)

A municipality shall make readily available to all

interested parties (citizen and employee) the ADA’s

applicability to the services, programs or activities of the

municipality and the protections against discrimination

assured them by the Act.

19

Development of ADA Self Evaluation & Transition Plans

20

Examples of ADA

Position Statements:

• www.ncdot.gov (initiatives & policies,

access for all, then accessibility program)

• www.jacksonville.gov

• www.cityofws.org/accessibility-statement

Transition Plan

Development of ADA Self Evaluation & Transition Plans

• The municipality must have an ADA compliant

complaint/grievance process.

• Must provide and prompt and equitable resolution

of any ADA complaint.

21

Transition Plan

Development of ADA Self Evaluation & Transition Plans

• Does the municipality have a record of a self-

evaluation of services, policies and practices?

• Include your self-evaluation in your

Transition Plan as evidence.

22

Transition Plan

Development of ADA Self Evaluation & Transition Plans

• Are the self-evaluation and transition plan available for Public

Inspection?

– A municipality shall make its ADA information available to

everyone.

– Best practice: Post conspicuously on website for internal and

external use.

We are looking for cohesiveness and coherence!

23

Inventories

Development of ADA Self Evaluation & Transition Plans

1. Vertical (administration buildings,

museums, community centers)

AND

2. Pedestrian facilities (sidewalks,

intersections, cut cuts/ramps, etc.)

24

Development of ADA Self Evaluation & Transition Plans

25

Transition Plan

Have a schedule/plan for

removing barriers identified

in the facility inventory.

Development of ADA Self Evaluation & Transition Plans

26

Transition Plan

It doesn’t have to fixed magically

overnight!

There needs to be a detailed

plan/schedule for doing the work

to make the facilities accessible.

This Photo by Unknown Author is licensed under CC BY

This Photo by Unknown Author is licensed under CC BY-NC-ND

Transition Plan

Development of ADA Self Evaluation & Transition Plans

Have a clear and

detailed description

of the methods

used to make the

municipality’s

facilities accessible.

27

This Photo by Unknown Author is licensed under CC BY-NC-ND

Transition Plan

Development of ADA Self Evaluation & Transition Plans

• Your Transition Plan is a living

document!

49 CFR § 27.11(c)(2)(5): The

municipality must establish a

system for periodically reviewing

and updating the evaluation.

28

What can you expect from us?

Development of ADA Self Evaluation & Transition Plans

• Survey process

• Technical Assistance

• Review process

29

Wrap-Up

Development of ADA Self Evaluation & Transition Plans

Final questions?

We are here to assist

30

Contact us:Ashley Council

919-508-1871

accouncil@ncdot.gov

Mark Whisenant

919-508-1795

mawhisenant@ncdot.gov