ADA Title II Action Guide for State and Local Governments

Administrative Requirements

Title II requires public entities to take several steps to become compliant with the ADA.

All public entities must:

• Conduct a self- evaluation.

• Provide public notice about the ADA.

Public entities with 50 or more employees are also required to:

• Designate an employee to oversee Title II compliance.

• Establish a grievance procedure.

• Develop a transition plan if structural changes are necessary for achieving program accessibility.

Many entities with fewer than 50 employees have found it helpful to designate an employee to coordinate ADA compliance even though it’s not required. Full-time and part-time employees are counted.

Required for All Public Entities

Self-evaluation

The self-evaluation is the key activity to determine what needs to be done to make sure the public entity is in compliance with the ADA and is providing an equal opportunity for people with disabilities to participate. The self-evaluation was required to be completed by January 26, 1993. Because changes were made to the Title II regulations and the ADA Standards for Accessible Design in 2010, an updated self-evaluation is recommended.

To conduct a self-evaluation:

Identify all programs, activities, and services and their locations.

1. Survey facilities and determine whether there are physical barriers to access programs. If structural changes are needed, include them in the transition plan.

2. Determine whether employees and officials are familiar with the public entity’s ADA obligations.

3. Determine whether employees and officials know how to arrange for auxiliary aids and services, such as sign language interpreters, material in Braille and assistive listening systems; to ensure that communication with people with disabilities is as effective as others.

4. Review service, activity and program’s policies and procedures to determine whether they ensure an equal opportunity for people with disabilities to participate and benefit.

After the self-evaluation, determine what actions are needed to bring the public entity into compliance. The actions may require the public entity to: Add or change policies or procedures; purchase auxiliary aids, such as an assistive listening device; identify places to arrange for auxiliary services, such as sign language interpreters; and provide training for staff on ADA obligations and the public entity’s procedures for responding to requests and resolving complaints.

If structural changes to facilities are needed to ensure program access, such as adding a ramp to an entrance, installing Braille and raised character signage, or altering a toilet room, public entities with 50 or more employees must develop a transition plan (which will be addressed in item below.

Provide Public Notice About the ADA

All public entities must provide information to the public, program participants, program beneficiaries, applicants and employees about the ADA and how it applies to the public entity. Here are some methods that public entities have used over the last 25 plus years.

Methods

• Include the notice on the public entity’s website (make sure the site is accessible).

• Post the notice at facilities.

• Publish the notice in local newspapers.

• Broadcast the notice in public service announcements on local radio and television stations.

• Include the notice in program and activity handouts.

• Post the notice on Facebook.

• Disseminate the notice through other social media such as Twitter and Pinterest.

The information must be provided in “alternative” formats so that it is accessible to people with hearing and vision disabilities.

Examples of Alternative Formats

• Open or closed-captioned public service announcements on television

• Large print  (recommend: san-serif typeface such as Helvetica or Ariel, 18 point font

• Text file on a thumb disk or emailed to the person

• HTML format on an accessible website

• Radio announcements

Public entities must provide the information not just once, but on an ongoing basis. Changes to the notice should be made as necessary, for example when there’s a new ADA Coordinator.

Sample Notices (hyperlink to)

Information of Accessible Facilities and Programs

Public entities are also required to ensure that interested people, including people with vision or hearing impairments, can obtain information as to the existence and location of accessible services, activities, and facilities. This is an important but frequently overlooked part of the law.

Required for Public Entities with Fifty or more Employees

Appoint an ADA Coordinator

If a public entity has 50 or more employees, it is required to designate at least one responsible employee to coordinate ADA compliance.   Although the law does not refer to this person as an “ADA Coordinator,” this term is commonly used. A public may have more than one ADA Coordinator. Most states and many counties and municipalities have an overall ADA Coordinator and also have ADA Coordinators at the agency and department level.

There are many benefits to having an ADA coordinator.

When the public deals with state and local governments, they are able to identify a person who is familiar with the ADA and who can communicate the requirements to staff who may be less aware of ADA obligations.

Having an ADA Coordinator also benefits employees of public entities by providing a specific contact person with knowledge and information about the ADA. In addition, the person coordinates compliance efforts and is instrumental in ensuring that compliance plans move forward.

Job Functions

• Interact and consult with staff, boards and commission on the ADA.

• Develop and distribute notice about ADA compliance.

• Coordinate requests for auxiliary aids and services and reasonable modifications of policies, practices and procedures.

• Respond to general inquiries about the public entity and the ADA.

• Conduct a self-evaluation.

• Create a transition plan.

• Develop a grievance procedure.

• Investigate complaints.

• Train staff, boards and commissions on ADA requirements.

• Coordinate on going compliance.

The ADA coordinator is the key player in ensuring ADA compliance. The coordinator must have the authority, knowledge, and motivation to implement the regulations effectively.

Job Qualifications

• Familiarity with the state or local government’s structure, activities, and employees.

• Knowledge of the ADA and other laws addressing the rights of people with disabilities, such as Section 504 of the Rehabilitation Act.

• Experience with people with a broad range of disabilities.

• Knowledge of various alternative formats and alternative technologies that enable people with disabilities to communicate, participate, and perform tasks.

• Ability to work cooperatively with the state or local government and people with disabilities.

• Skills in negotiation and mediation.

• Organizational and analytical skills.

Establish a Grievance Procedure

Public entities with fifty or more employees must have a grievance procedure. A grievance procedure provides people who believe they have been discriminated against because of their disability, or others who believe they have been discriminated against because they have a friend or family member with a disability, with a formal process to make their complaint known. This procedure encourages prompt and equitable resolution of the problem at the local or state level without forcing people to file a federal complaint or a lawsuit.

The Title II regulations do not specify the procedures for the grievance procedure. The public entity may use a grievance procedure that is already in place; there is no need to reinvent the wheel or duplicate existing procedures. If the organization does not already have a grievance procedure, one must be established.

This Action Guide recommends that a grievance procedure include the following:

• A detailed description of the procedures for submitting a grievance and the steps that will be taken by the public entity.

• Reasonable time frames for review and resolution of the grievance.

• A two-step review process that allows for appeal.

• Record-keeping for all complaints submitted and documentation of steps taken towards resolution.

Sample Grievance Procedures (hyperlink to)

Develop a Transition Plan

Public entities with 50 or more employees were required to develop a transition plan by July 26, 1992. Structural modifications required to achieve program accessibility were to be completed by January 26, 1995. That is a long time ago. Many public entities are reassessing their facilities to determine if the original transition plan was followed and whether additional access improvements are needed.

Another reason to update or create a new transition plan is that we now have accessibility standards for recreation areas such as swimming pools, play areas, exercise equipment, team seating, locker rooms and accessible routes to sports fields – including baseball, soccer and football fields.

To assure program accessibility, these recreation activities need to be surveyed using the current (2010) ADA Standards. Developing a transition plan is an efficient way to assure program accessibility at these areas.

A transition plan includes:

• A list of the physical barriers that limit the accessibility of programs, activities, or services.

• The methods to remove the barriers and make the facilities accessible.

• The schedule to get the work completed.

• The name of the official responsible for the plan's implementation.

Many public entities include cost estimates and which budget the funds will come from as part of their plan.

Where a public entity has responsibility or authority over streets, roads, or walkways, its transition plan must include a schedule for providing curb ramps or other sloped areas where pedestrian walks cross curbs, giving priority to walkways serving entities covered by the ADA, including state and local government offices and facilities, transportation, places of public accommodation, and employers, followed by walkways serving other areas.