ADA Title II Action Guide for State and Local Governments

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.