Title II of the Americans with Disabilities Act (ADA) requires all public agencies – regardless of size – to ensure that their services, programs and activities are accessible to persons with disabilities. Compliance includes conducting a self-evaluation of building facilities, rights-of-way facilities and communications to identify any accessibility obstacles or issues that need to be addressed. In addition, public entities that employ 50 or more persons are required to:
- Designate an ADA Coordinator.
- Establish a grievance procedure to allow for prompt resolution of accessibility concerns.
- Establish a transition plan for taking the steps necessary to achieve compliance with the Americans with Disabilities Act.
- Monitor implementation of the transition plan, and update the plan periodically as needed.
The current status of ADA compliance among Ohio local agencies has recently become a topic of increasing focus and discussion. While it appears that many public entities have made great progress with their ADA compliance efforts during the past two decades, there are also indications that many local agencies have struggled with conducting a self-evaluation and developing their ADA Transition Plan. This webpage has been established to provide resources to assist in this process.
Achieving ADA Compliance – You Can Do It!
In addition to being required by law, achieving ADA compliance is important because it allows persons with disabilities to fully participate in civic life. Taking positive steps to provide and maintain accessibility also helps public agencies reduce the potential liability associated with a lack of ADA compliance.
One of the first questions local agencies typically ask is, “What exactly are the ADA requirements?” Please refer to the Matrix of ADA Requirements for Public Agencies for an overview of ADA compliance items, including direct links to specific sections of the original regulations.
Matrix of ADA Requirements for Public Agencies
Title II of the Americans with Disabilities Act (ADA) requires all public agencies – regardless of size – to ensure that their services, programs and activities are accessible to persons with disabilities. Compliance includes conducting a self-evaluation of building facilities, rights-of-way facilities and communications to identify any accessibility obstacles or issues that need to be addressed. The matrix below provides an overview of the ADA requirements, with links to specific sections of the original regulations.
|ADA Compliance Item||Public Entity (50+ Employees)||Public Entity (<50 Employees)|
|General ADA Compliance – Provision of accessibility to public services, programs and activities . . . 28 CFR Sec. 35.130||Required||Required|
|Provide Public Notice – Make information publicly available regarding the ADA provisions and their applicability to the agency’s services, programs and activities . . . 28 CFR Sec. 35.106||Required||Required|
|Conduct a Self-Evaluation – Evaluate current services, policies and practices for ADA compliance; and provide an opportunity for interested persons to participate . . . 28 CFR Sec. 35.105 (a) and (b)||Required||Required|
|Maintain documentation from the Self Evaluation on file and make available for public inspection for at least three years . . . 28 CFR Sec. 35.105 (c)||Required||Recommended|
|Designate an ADA Coordinator 28 CFR Sec. 35.107 (a)||Required||Recommended|
|Adopt a Grievance Procedure 28 CFR Sec. 35.107 (b)||Required||Recommended|
|Develop a Transition Plan 28 CFR Sec. 35.150 (d)||Required||Recommended|
Businesses and non-profit organizations are required to comply with accessibility requirements for places of public
accommodation (see ADA Title III – 28 CFR Part 36.304).
ADA Transition Plan Template
In collaboration with reviewers from the Federal Highway Administration (FHWA), ODOT’s Division of Opportunity, Diversity & Inclusion (ODI), academia, and Metropolitan Planning Organizations (MPOs), the Ohio LTAP Center has prepared a sample template that local agencies are welcome to use, or adapt, for developing their ADA Transition Plan. This template is provided below in both PDF and MS Word formats.
Interested persons are encouraged to start by printing a paper copy of the complete document for reference, including the front matter with Instructions, Supporting Discussion & Additional Resources. You are then welcome to use the customizable Word version to assist with developing your ADA Transition Plan. If your agency has not yet conducted an ADA self-evaluation, this process will also need to be completed in order to prepare your transition plan.
Transition Plan Examples
In August of 2019, the City of Lima published their new ADA Transition Plan, which used the Template provided above as a starting point. Their plan can be viewed at:
While the ADA regulations describe the basic elements that need to be included, there are many different ways to prepare an ADA Transition Plan. Recognizing this fact, some agencies might find it helpful to review examples of existing plans that have been established by other public entities. Here are several links:
- City of Westfield, Indiana
- Kane County, Illinois
- Millcreek Township, Pennsylvania
- Village of Downers Grove, Illinois
Other examples may be identified by conducting an Internet search for ADA transition plans.
Frequently Asked Questions
Please visit the Federal Highway Administration’s webpage of Questions and Answers About ADA / Section 504 to review many helpful responses to frequently asked questions regarding ADA requirements, transition plans, accessibility improvements and related topics.