development of ada self-evaluation & transition …...• bus stops transition plan development...
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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?
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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)
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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.
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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.
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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.)
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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.
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• 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!
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Self-Evaluation
Development of ADA Self Evaluation & Transition Plans
These are some of the things you should be evaluating:
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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.
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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
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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
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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
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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
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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.
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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.
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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.
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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.
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Development of ADA Self Evaluation & Transition Plans
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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.
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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.
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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!
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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.)
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Development of ADA Self Evaluation & Transition Plans
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Transition Plan
Have a schedule/plan for
removing barriers identified
in the facility inventory.
Development of ADA Self Evaluation & Transition Plans
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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.
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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.
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What can you expect from us?
Development of ADA Self Evaluation & Transition Plans
• Survey process
• Technical Assistance
• Review process
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Wrap-Up
Development of ADA Self Evaluation & Transition Plans
Final questions?
We are here to assist
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Contact us:Ashley Council
919-508-1871
Mark Whisenant
919-508-1795