1. Self Evaluation, Program Accessibility & Transition Plans
ADA Title II
Self Evaluation, Program Accessibility & Transition Plans
Presented by
Doug Anderson
Partner
LCM Architects
Liz Zaverdas
Accessibility Specialist
LCM Architects
September 6, 2018

2. LCM Architects Chicago, Illinois
Licensed Architectural & Accessibility Consulting Firm
Established in 1996
Fair Housing Act, Sect. 504 (UFAS), ADA & Universal Design
54 Staff Members
Member U. S. Access Board (1996 – 2011)
Member ANSI A117.1 Committee
Manager HUD’s Fair Housing FIRST Program
Certifications - CASp, TAS
Disability Owned Business

3. Agenda Introduction Overview of the ADA Self Evaluation
Program Accessibility
Transition Plans
Questions and Answers

4. OVERVIEW OF THE ADA Five Titles
Title I Equal Employment Opportunity for individuals with disabilities
Title II Nondiscrimination on the basis of disability in
State and Local Government Services
Title III - Nondiscrimination on the basis of disability by Public
Accommodations and in Commercial Facilities
Title IV - Telecommunications
Title V - Miscellaneous Provisions

5. OVERVIEW OF THE ADA Five Titles
Title I Equal Employment Opportunity for individuals with disabilities
Title II Nondiscrimination on the basis of disability in
State and Local Government Services
Title III - Nondiscrimination on the basis of disability by Public
Accommodations and in Commercial Facilities
Title IV - Telecommunications
Title V - Miscellaneous Provisions

6. OVERVIEW OF ADA TITLE II

7. OVERVIEW OF ADA TITLE II

8. OVERVIEW OF ADA TITLE II

9. OVERVIEW OF ADA TITLE II
Title II - Nondiscrimination on the basis of disability in State and Local Government Services
1. General Nondiscrimination Requirements
2. Equally Effective Communication
3. Program Accessibility
4. Employment

10. OVERVIEW OF ADA TITLE II
Title II - Nondiscrimination on the basis of disability in State and Local Government Services
1. General Nondiscrimination Requirements
2. Equally Effective Communication
3. Program Accessibility
4. Employment

11. Two areas of assessment (1)
Equal Opportunity – Includes communication,
policies & practices
(Self Evaluation)
“Policies and Practices”
Photo: binder of papers, labeled “Policies”

12. Two areas of assessment (2)
Physical Access – Includes buildings,
facilities & equipment
“Program Accessibility”
Photo of park area with building in the background
Photo: building apparently on college campus, green lawn, young people sitting around

13. Self-evaluation (1)
ADA regulation: Evaluate services, policies, and practices, and the effects of them, that do not or may not meet Title II requirements
Describe areas examined, problems identified, modifications made
Provide opportunity for interested persons to participate (submit comments)
If entity larger than 50 employees, keep record of self-evaluation on file and available for public inspection for three years
Make any necessary modifications [action plan]

14. Self-evaluation (2) (Time for a do over?)
Why do another plan if we already did one?
Hmmm… Has anything changed?
Programs
Facilities
Web site
People
Services contracted out
Requirements and expectations
Higher expectations
Do you have plans that are current and that you’re following?
Are you implementing them?
Numbers and types of programs and services; facilities – new, altered, gone, different use; on-line services -- Web sites, changes in technology, especially communication technology; PWD numbers, types, severity; and staff. More programs and services provided via contracts or partnerships;
Most 1992 plans focused on basic accessibility, expectations have changed
2010 requirements without safe harbor Examples-1992 surveys didn’t even mention the web. Now the websites and social media are a primary way governments communicate with the public about meetings, special events, program requirements and also serve as a means for registering for classes, paying taxes or fines, applying for benefits.
Budget cuts led to many more services being provided by contractors and very little guidance is available on how to ensure contractors can provide accessible services, retirements-if you were employed by your jurisdiction in 1992, that means that you may be retiring within the next few years-lots of jurisdictions will be losing the practical knowledge that retiring employees may have.

15. Benefits of a self evaluation
Positions the entity for compliance
- Identify weaknesses
- Make concrete improvements.
The ADA regulations require it!
You control the process, approach, timing.
Related training can make ADA part of the culture,
raise awareness
Shows good-faith effort
Compliance!
Pace: do it phases if wish and incorporate as go. Budget constraints and competing projects. On the other hand
Without outside pressure, funding and buy-in may be more difficult. SO – BUILD SUPPORT!!
ADA ONE

16. Downside to not acting Possibility of harsher mandates from litigation
Possibility of “bad press”
Project Civic Access “subject”
Settlement agreements or lawsuits
- More likelihood of advocates’ success
- Court or agreement can make you do more than otherwise
Someone else controls the
process, your resources,
your schedule.
Implementation may be
delayed pending overall
evaluation
- By end of evaluation,
information may not
be timely.
Format – lead to incomplete or incorrect information. Pros:
Funding is easier to obtain due to outside pressure

17. Project Civic Access
About 230 comprehensive reviews of state/local governments and agreements

18. Areas frequently covered by PCA
New construction, alterations, physical access to facilities
Shelters: homeless, domestic violence
Polling places
Emergency preparedness and shelters
Web–based services and programs
ADA Coordinator, notice, grievance procedure
Effective communication
Law enforcement and communication
Courts
Sidewalks
911

19. Typical PCA outcomes Specific actions
Specific policies to be implemented (language is often part of agreement)
DOJ is putting more responsibility on Title II entities to survey after the agreement
Timetables
Monitoring

20. WHAT YOU’RE EVALUATING
NG thru slide 15

21. Discrimination prohibited
The ADA and section 504 mandate an equal opportunity to participate in programs, services, and activities for people with disabilities
Section 504 and Title II regulations specifically prohibit denial of equal opportunity to participate in programs, services, and activities because of inaccessible facilities
The ADA and section 504 mandate an equal opportunity to participate in programs, services, and activities for people with disabilities
Section 504 and Title II regulations specifically prohibit denial of equal opportunity to participate in programs, services, and activities because of inaccessible facilities

22. Examples of programs and activities: town, city, county
Hearings, meetings, events (fairs, concerts, graduations)
Housing
Museum programs
Recreation
Events
Tours
Social services and benefits
Voting
Web sites, IT
Emergency preparedness, evacuation, sheltering
Library services
Police and fire
Courts
Corrections
Procedures
Mass transit
Access to streets and sidewalks
Zoning issues

23. Program Accessibility
NG thru slide 15

24. Separately: Facilities, for “program access”
A term of art
Relates to discrimination resulting from lack of access to facilities

25. ADA: The Next Generation (basics)
Program access: the concept
ADA: The Next Generation (basics)
April 2012
Operate each program/service/activity so that, when viewed in its entirety, it is accessible.
No exclusion/discrimination because of inaccessible facilities
Does not necessarily require physical changes

26. Characteristics of program access
Provides equal opportunity
Range of choices similar to others’
Integration
Privacy/confidentiality
Dignity

27. Program accessibility methods
Flexibility allowed in achieving program accessibility: any method that results in making services, programs or activities accessible
BUT public entity must
give priority to those
methods that provide
for integration of persons
with disabilities

28. Multi-site programs (1)
Examples: City parks, county courts Entities have discretion in determining how many facilities of a multi-site program must be made accessible to achieve overall program accessibility.
Photo: Three children at top of slides

29. Multi-site programs (2)
Managing Change, DOJ rules
April 2012
Multi-site programs (2)
DOJ 2010 regulation preamble describes factors for evaluation of multi-site program for “accessibility in its entirety”
Size of entity
Program features at each site
Distance between sites
Travel times
Number of sites
Public transportation
Integrated setting
Does not adopt concept of “reasonable number”

30. PROGRAM ACCESSIBILITY
“A public entity shall operate each service, program, or activity so that the service, program, or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities. This paragraph does not:
(1) Necessarily require a public entity to make each of its existing facilities accessible to and usable by
individuals with disabilities;
(2) Require a public entity to take any action that would
threaten or destroy the historic significance of an historic property; or
(3) Require a public entity to take any action that it can
demonstrate would result in a fundamental alteration
of the nature of a service, program, or activity or
in undue financial and administrative burdens.”

31. PROGRAM ACCESSIBILITY
Prince William County
Library System
Bull Run Regional Library
Chinn Park Regional Library
Central Community Library
Potomac Community Library
Dumfries Neighborhood Library
Independent Hill Neighborhood Library
Dale City Neighborhood Library
Lake Ridge Neighborhood Library
Nokesville Neighborhood Library
Gainesville Neighborhood Library

32. PROGRAM ACCESSIBILITY
“A public entity may comply with the requirements of this section through such means as:
1. Reassignment of services to accessible buildings;
2. Delivery of services at alternate accessible sites or
3. Alteration of existing facilities and construction of facilities
A public entity is not required to make structural changes in existing facilities where other methods are effective in achieving compliance with this section.
In choosing among available methods for meeting the requirements of this section, a public entity shall give priority to those methods that offer services, programs, and activities to qualified individuals with disabilities in the most integrated setting appropriate

33. PROGRAM ACCESSIBILITY SURVEY PROCESS
Self Evaluation
Determine all locations where individual programs are offered
Determine which program location needs to be accessible
(not every program location needs to be accessible)
Survey buildings/building areas that need to be accessible to identify barriers (not every building/ building area needs to be accessible)
Transition Plan
Compile a report which list of barriers that must be removed
Describe how the barriers will be removed
Prepare a schedule for barrier removal (phases, if necessary)
Appoint a responsible official

34. PROGRAM ACCESSIBILITY HISTORIC PRESERVATION
Manassas Courthouse
“Upstairs visitors will find the original courtroom has been rehabilitated to an elegant ballroom which the public can rent for meetings receptions and other special events.”

35. Transition Plan
NG thru slide 15

36. Transition Plans
“If physical changes are required to achieve program accessibility a public entity that employs 50 or more persons must develop a transition plan that details the steps necessary to complete such changes”
Subpart D—Program Accessibility
§ Existing facilities

37. Transition Plans
The public entity must provide an opportunity for interested persons, including individuals with disabilities or organizations representing individuals with disabilities to participate in the development of the transition plan by submitting comments.
A copy of the transition plan must be made available for public inspection.

38. Transition Plans The Transition Plan shall, at a minimum shall:
Identify physical obstacles that limit the accessibility of
the public entities programs and activities to individuals
with disabilities
2. Describe in detail the methods that will be used to
make the facilities accessible

39. Transition Plans The Transition Plan shall, at a minimum:
3. Specify the schedule for taking the steps necessary to
achieve compliance with this section and, if the time
period of the transition plan is longer than one year,
identify steps that will be taken during each year
of the transition period
Indicate the official
responsible for
implementation of
the plan.

40. Transition Plans 1. Understand where and how programs are provided.
- From Self Evaluation
2. Survey those areas that prevent access to programs that
must be accessible:
- Identify Survey Team
- Train surveyors on survey protocol
- Prepare schedule
- QA / QC

41. Transition Plans
- Prepare survey tool (Checklist)

42. Transition Plans
- Prepare Report

43. Public Right of Way Transition Plans
If the public entity has responsibility over streets, roads, or walkways, the transition plan must include a schedule for providing curb ramps or other sloped areas where pedestrian walks cross curbs.
Priority should be given to
walkways serving entities
covered by the Act, e.g State
and local government
offices and facilities, including
transportation, places of public
accommodation, and employers,
Subpart D—Program Accessibility
§ Existing facilities

44. Public Right of Way Transition Plan
Within public rights of way – what to look for...
Sidewalks
Look for “missing links”, obstructions, etc.
Curb ramps
Missing ones? Construct them.
Non-compliant ones? Reconstruct them.
Crossing elements
Pedestrian signals, crossing markings, drainage features?
Transit stops

45. Public Right of Way Transition Plans Within public rights of way…
Sidewalks:
Missing links
Are there gaps in sidewalks that
should be filled?

46. Public Right of Way Transition Plans Within public rights of way…
Sidewalks:
Obstructions, etc
- Utility poles, signs, fire hydrants, etc.
- Bad/wide joints, cracks etc.

47. Public Right of Way Transition Plans Within public rights of way…
Curb ramps:
Missing ones? Construct them.
Type/configuration, slope,
cross-slope, landings,
transitions, detectable warnings, etc.
Non-compliant ones? Reconstruct them.
Type/configuration, slope, cross-slope, landings,

48. Resources
NG thru slide 15

49. Checklists and Examples (1)
City of Tacoma, Washington -- Self evaluation developed by staff
San Francisco -- Contractor-developed
Sacramento approach (standard activities vs. unique services
City of Tacoma Washington used teams of staff led by the ADA Coordinator to develop checklists for all of the overarching ADA requirements. They used existing checklists from the ADA Tool kit and from samples from other jurisdictions.
San Francisco- has a section for all programs to complete and then an “intensive” program section for those programs with application requirements, eligibility requirements, on going contact with the individual (mental health, job training, etc.) Site includes the survey tool used.
Sacramento-no survey tool included but the approach is interesting-the divided programs into standard activities and programs which were common programs, activities and services done by many departments and which could be modified to be accessible and were commonly used and unique services activities and programs which are unique to a particular department and not easily modified.

50. Checklists and Examples (2)
Fulton County, GA – county-wide report (contractor – ADA One)
Somerville, MA – self-evaluation as basis for transition plan (contractor) (mostly facilities)

51. Resources DOJ’s Title II Technical Assistance Manual, at
DOJ’s Project Civil Access page and ADA Tool Kit
Department of Education’s Self-Evaluation Guide for Public Elementary and Secondary Schools

52. Resources U.S. Department of Justice U.S. Access Board LCM Architects
ada.gov
U.S. Access Board
access-board.gov
LCM Architects
lcmarchitects.com