Caltrans Subrecipients / Local Public Agency
ADA Coordinator (28 CFR §35.107(a))
The Local Agency must have a designated ADA Coordinator. The ADA Coordinator is responsible for coordinating the efforts of the government entity to comply with Title II and investigating any complaints that the entity has violated Title II. The name, office address, and telephone number of the ADA Coordinator must be provided to interested persons.
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 entity 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. Some public entities have an employee who oversees employment issues and another to coordinate the non-employment obligations.
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.
One of the greatest benefits of having an ADA Coordinator is that the public can identify an employee to contact with their ADA questions or complaints. Having an ADA Coordinator benefits other employees by providing a specific person with knowledge and information about the ADA. And, of course, the person coordinates compliance efforts and is instrumental in ensuring that compliance plans move forward.
- Plan and coordinate compliance efforts.
- Develop and distribute notice about ADA compliance.
- Respond to general inquiries from the public.
- Coordinate requests for auxiliary aids and services and reasonable modifications of policies, practices and procedures.
- Train staff, boards and commissions on ADA requirements.
- Interact and consult with staff, boards and commission on the ADA.
- Develop a grievance procedure.
- Investigate complaints.
- Conduct a self-evaluation.
- Develop a transition plan.
- Ensure Exhibit 9C(PDF) is submitted annually by June 30 to the District Local Assistance Engineer (DLAE).
Grievance Procedures (28 CFR §35.107(b))
Local governments with 50 or more employees are required to adopt and publish procedures for resolving grievances arising under Title II of the ADA. Grievance procedures set out a system for resolving complaints of disability discrimination in a prompt and fair manner.
The grievance procedure should include:
- a description of how and where a complaint under Title II may be filed with the government entity;
- if a written complaint is required, a statement notifying potential complainants that alternative means of filing will be available to people with disabilities who require such an alternative;
- a description of the time frames and processes to be followed by the complainant and the government entity;
- information on how to appeal an adverse decision; and
- a statement of how long complaint files will be retained.
ADA Nondiscrimination Policy (28 CFR §35.106)
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 20 plus years:
- Put the notice on the public entity’s website.
- Include the notice in social media such as Twitter and Facebook.
- 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 announcements and applications.
The information must be provided in “alternative” formats so that it is accessible to people with hearing and vision disabilities.
Examples of Alternative Formats
- Captioned public service announcements on television
- Large print (recommend: san-serif typeface such as Helvetica or Arial, 18 point size. If an individual requests a specific point size, provide notice in that size)
- Text file on a thumb disk or emailed to the person
- HTML format on an accessible website
- Audio recording
- Radio announcement
Public entities must provide the information not just once, but on an ongoing basis. For example when there’s a new ADA Coordinator the ADA Nondiscrimination Policy should be updated.
Self-Evaluation (28 CFR 35.105 & 35.105 (b); 49 CFR 27.11c (2) & 11c (2)(i.-v))
A self-evaluation is a public entity's assessment of its current policies and practices. The self-evaluation identifies and corrects those policies and practices that are inconsistent with Title II's requirements. A public entity that employs 50 or more employees must retain its self-evaluation for three years. Other public entities are not required to retain their self-evaluations but are encouraged to do so because these documents evidence a public entity's good faith efforts to comply with Title II's requirements.
Critical Areas to Evaluate
- Public right-of-way accessing government offices, medical facilities, downtown core areas, school zones, residential areas, et al
- Rest Areas, parks, shared use trails
- Access to public buildings (permit/licensing offices, public meeting rooms, etc.)
NOTE: Local public agencies shall implement a system for periodically reviewing and updating self-evaluations and, if applicable, transition plans. 49 CFR 27.11(c)(2)(v).
Transition Plan (28 CFR §35.150(d)(2))
The transition plan must include a schedule for providing access features, including curb ramps for walkways. The schedule should first provide for pedestrian access upgrades to State and local government offices and facilities, transportation, places of public accommodation, and employers, followed by walkways serving other areas.
The transition plan should accomplish the following four tasks (28 CFR §35.150(d)(3)):
- Identify physical obstacles in the public agency's facilities that limit the accessibility of its programs or activities to individuals with disabilities;
- Describe in detail the methods that will be used to make the facilities accessible;
- Specify the schedule for taking the steps necessary to upgrade pedestrian access to meet ADA and Section 504 requirements in each year following the transition plan; and
- Indicate the official responsible for implementation of the plan.
If a public entity has responsibility or authority over streets, roads, or walkways, its transition plan shall 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 Act, including State and local government offices and facilities, transportation, places of public accommodation, and employers, followed by walkways serving other areas.