ADA Title II Action Guide for State and Local Governments

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.