Cde Baca, Christine D.

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4/30/20091ADA Self-Evaluation and Transition PlansPresentation by:Christine D. Cde BacaPurdue Road SchoolMarch 11, 2009Why it’s important to developSelf-Evaluations and Transition PlansIt’s the law  .Proactive measure in ensuring equal access.Preventive measure.Provides state & local agencies a way to perform a complete assessment of programs and d l h i l f lieve op a compre ens ve p an or comp ance.4/30/20092Section 504 of theRehabilitation ActOutlined in 49 CFR part 27     .Prohibits discriminatory actions.Applies to recipients of Federal financial assistance.U.S. DOT has ultimate compliance oversight.Requires accessible programs and services.    Applies to all programs and operations of recipients and sub-recipients.Americans with Disabilities Act (ADA)Covers areas that Section 504 does not      .Became law in 1990.Its regulations have been in effect since 1992.Jurisdiction is not tied to receipt of Federal funding or assistance.U.S. Department of Justice has compliance      oversight.Amendments to ADA in 2008.4/30/20093ADA TitlesTitle I Employment  –Title II – Public EntitiesTitle III – Public Accommodations, Private EntitiesTitle IV – Telecommunications  Title V - MiscellaneousADA Title II – Public EntitiesAny state or local government;    Any department, agency of a state or local government; andAmtrack and any commuter authority.4/30/20094ADA and 504Both civil rights laws   .Both prohibit discrimination against qualified individuals with disabilities.Both require maintenance of accessible features.Both provide for equal access to programs and services.Qualified Individual with DisabilityTypes of disabilities:  PhysicalSensoryPsychiatricCognitive/NeurologicalHealth-Related4/30/20095Compliance Responsibilities for State and Local GovernmentsInstitutions Section 504 ADA STA Recipients and Sub-recipients (SDOTs & MPOs)x xLocal Govt’s that receive FHWA x xfundsLocal Govt’s that do not receive FHWA fundsxPublic Entities Obligations under Title II and 504ADA/504 Coordinator Public Notification of ADA/504 ObligationsComplaint/Grievance ProcedureSelf-EvaluationTransition Plan 4/30/20096ADA/504 Coordinator ResponsibilitiesCollaborate and coordinate ADA/504 compliance efforts with division/department managers.Monitor the STA’s policies, procedures, practices and processes for ADA/504 compliance; develop remedies if non-compliance is found.Develop complaint procedure.Investigate complaints filed.Monitor and update the implementation of the STA’s        Self-Evaluation and Transition Plan.Perform ADA/504 program, process or compliance reviews; inspect facilities for accessibility.Self-Evaluation RequirementsRequired by ADA and Section 504 to be        completed by both public entities and recipients, respectively.Identifies services that are not accessible.Identifies and corrects policies and practices that are inconsistent with Title II and ADA i trequ remen s.Title II ADA – should have been completed by January 26, 1993 (earlier for 504 recipients).4/30/20097Self-Evaluation RequirementsDescribe steps to be taken to achieve       accessibility.Provide opportunity for comment from the disabled community and the public.Retained for three years.St t l b i dd d i th T itiruc ura  arr ers a resse  n e rans on Plan.No requirement for Federal or State approval.Policy & Procedure Review forSelf-EvaluationsExamine each program to determine whether any       physical barriers to access exist.Determine if any policies and practices exclude or limit the participation of individuals with disabilities in its programs, activities or services.Determine if communications with applicants, participants, and members of the public with disabilities ff ti it i ti ith thare as e ec ve as s commun ca ons w  o ers.Procedures for emergency evacuation of individuals with disabilities during an emergency.4/30/20098Policy & Procedure Review forSelf-Evaluations (cont’d)Review written and audio-visual materials to ensure that        individuals with disabilities are not portrayed in an offensive or demeaning manner.If a public entity operates historic preservation programs, it should review its policies to ensure that it gives priority to methods that provide physical access to individuals with disabilities.“U d B d ”n ue ur enDetermine whether individuals with mobility impairments are provided access to public meetings.Policy & Procedure Review forSelf-Evaluations (cont’d)Review employment practices to ensure that they comply with other applicable nondiscrimination requirements (EEOC).Review building and construction policies to ensure that the construction of a new facility, part of a new facility, or alteration of existing facility built after January 26, 1992, conforms to the standards designated under Title II regulations.D t i h th h b t k te erm ne w e er measures ave een a en o ensure that employees of a public entity are familiar with the policies and practices for the full participation of individuals with disabilities and if not, provide training.4/30/20099Transition PlansPurpose: to eliminate structural barriers to      program accessibility in state/local government buildings and facilities.Required for public entities with more than 50 employees. (28 CFR 35.150(d))Transition Plans (cont’d)The Transition Plan Schedule should:    Identify existing facilities that limit access for persons with disabilities.Describe in detail the methods that will be used to make facilities accessible.Specify schedule for improving facilities by prioritizing needs of persons with disabilities in existing facilities.Indicate who is responsible for implementation of the plan. (28 CFR 35.150(d)(3))4/30/200910PUTTING IT ALL   TOGETHER –STEPS TO BECOMING COMPLIANTGetting StartedAppoint an ADA/504 Coordinator to     coordinate development, implementation and completion.Determine whether self-evaluation and transition plan has been done in the past.Form a committee representing all     applicable sectors of your organization to assist.4/30/200911Plan DevelopmentSpecify Public Involvement efforts   .Develop procedure for installation of accessible facilities.Monitor plan.Provide method for citizens to request curb id lk iramps or s ewa  repa r.Coordinate and incorporate plan into Pedestrian Master Plan, STIP and TIP.Web Sites for more informationwww ada gov. .www.acess-board.govhttp://www.access-board.gov/news/sidewalk-videos.htmwww.fhwa.dot.gov/civilrights/index.htmhttp://www.fhwa.dot.gov/environment/bikeped/guidance.htm#Access4/30/200912Thank-you!Christine D Cde Baca .  Title VI/ADA AdministratorINDOT Economic Opportunity Division100 N Senate N750Indianapolis, IN 46204317-234-6142ccdebaca@indot.in.gov

Back to Basics: ADA 504 Legal Requirements II

https://docs.lib.purdue.edu/cgi/viewcontent.cgi?article=1685&amp;context=roadschool

Back to Basics: ADA 504 Legal Requirements II

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