Americans with Disabilities Act
Classes:
Introduction to the ADA > Employment > Government / Public Transportation > Public Accommodation
Government > Take the Test > Definitions > Title II Requirements > Access to Programs > Becoming Accessible
Government and Public Transportation: Becoming Accessible
Self-Evaluation Plan
State and local entities are required to develop self-evaluation plans under the ADA.
All public entities, regardless of size, must conduct a self evaluation. The self evaluation is a comprehensive review of the public entity's current policies and practices including communications and employment. Through the self evaluation, the public entity must identify those policies and practices that do not comply with Title II requirements and modify the policies and practices to bring them into compliance.
In conducting the self evaluation, state and local entities designate an employee who will be responsible for carrying out the plan. The process includes providing notice of ADA requirements, setting up a grievance procedure, developing the self evaluation plan and finally developing the transition plan. Advocates should know the names of those responsible for conducting the self evaluation plan so that people with disabilities can be part of the planning process.
Transition Plan
The transition plan is developed by the state and local governments to correct areas that do not meet ADA requirements for access.
The transition plan must identify physical barriers that limit the access to state and local government programs, services and activities by people with disabilities. The transition plan must describe ways to make the facilities accessible. The transition plan must provide a schedule for making the accessibility modifications and provide a yearly schedule for making the modifications if the transition plan exceeds one year. Finally the transition plan must identify the public official responsible for implementing the transition plan. Again, advocates should know the name of this individual or his/her designees so that they can participate in the implementation of the transition plan.
New Construction and Alterations to Existing Construction
State and local governments must ensure that newly constructed buildings and facilities are free of architectural and communications barriers that restrict the access or use by individuals with disabilities.
When a state or local government makes alterations to an existing building, it must ensure that the altered portions are accessible.
The ADA does not require retrofitting existing buildings to remove barriers, but does establish high standards of accessibility for new construction.
Public entities can choose between two technical standards for accessible design:
- The Uniform Federal Accessibility Standard (UFAS) which was established under the Architectural Barriers Act; or
- The Americans with Disabilities Act Accessibility Guidelines adopted by the Department of Justice for places of public accommodations and commercial facilities covered by Title III of the ADA.
The elevator exemption for small buildings under the ADA Accessibility Guidelines do not apply to public entities covered under Title II.
Providing Technical Assistance
The ADA requires that the federal agencies that issue ADA regulation also provide technical assistance to the public including people with disabilities, state and local governments and private businesses. For more information contact:
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P. O. Box 66738
Washington, D.C. 20035-6738
800-514-0301 (Voice)
800-514-0383 (TDD)
202-514-6193 (Electronic Bulletin Board)
The Department of Justice provides information, technical assistance, and publications on the state and local government and public accommodations provisions of the ADA (Titles II and III) and has enforcement responsibilities under both titles.
How to File a Complaint
Title II Part A is enforced by the United States Department of Justice. Private parties may bring law suits to enforce their rights under Title II. Individuals may also file complaints with the federal agency that provides financial assistance to the program in question. These federal agencies are:
- Dept of Agriculture
- Dept of Education
- Dept of Health and Human Services
- Dept of Housing and Urban Development
- Department of Interior
- Department of Justice
- Department of Labor
- Department of Transportation
Complaints can also be filed directly with the Department of Justice. Complaints should be in writing, signed by the complainant or an authorized representative and should contain the complainant's name and address and a description of the public entity's alleged discriminatory action. Complaints should be sent to:
Disability Rights Section
Civil Rights Division
U. S. Department of Justice
P. O. Box 66738
Washington, D.C. 20035-6738
Next Class: Public Accommodation
