DOT Memorandum - Information and Action: ADA Transition Plan Process

Purpose and Background:

The purpose of this memorandum is to describe the process that the Federal Highway Administration (FHWA) has developed to review Americans with Disabilities Act (ADA) transition plans prepared by State Departments of Transportation (DOTs) and to facilitate State DOTs’ compliance with the ADA transition plan requirements. In particular, this memorandum:

1) Describes the Working Group and Review Team framework within which the FHWA ADA transition plan review process was developed and next steps to achieve ADA transition plan compliance by all State DOTs;

2) Identifies the minimum required attributes that need to be included in a State’s ADA transition plan;

3) Describes the review process FHWA will implement for determining the status of a State’s ADA transition plan;

4) Explains FHWA’s jurisdictional authority to review State DOT ADA transition plans; and

5) Describes the connection between a State’s Statewide Transportation Improvement Program (STIP) and the transition plan regulatory requirement.

As background, on November 17, 2014, the FHWA’s Office of Civil Rights (HCR) issued a memorandum titled “INFORMATION AND ACTION: Submissions of State ADA Transition Plans.” That memorandum sought to clarify FHWA’s policies and procedures with regard to State DOT ADA transition plan requirements and requested that FHWA Division Offices review their State’s transition plan for compliance with regulatory requirements. As State DOTs submitted their ADA transition plans, HCR began receiving questions from Division Administrators concerning a transition plan’s required attributes.