The 1990 Americans with Disabilities Act (ADA) stipulates that every public agency with more than 50 employees have an ADA Transition Plan. The City of Batesville has established this page to serve as a resource while they work toward this requirement.
Summary of Resources & Guidance for Transition Plans
Who has to have a Transition Plan?
Program access is not limited to federal funding. Title II of the ADA covers the operation of all programs that a jurisdiction provides, from pedestrian circulation to transportation to education, recreation, governing, outreach. Federally-funded facilities and programs are also covered by section 504 of the Rehabilitation Act (1973), which was the model for Title II.
The usability of new and altered buildings and facilities can be measured by compliance to standards, but access to programs are measured by effectiveness: Are people with disabilities able to participate? Not every existing facility needs to be made accessible as long as there are opportunities to benefit from programs, services, and activities.
There are good discussions of program access in the Department of Justice’s Title II Technical Assistance Manual at:
- Resources and Guidance Department of Justice. http://www.ada.gov/comprob.htm and http://www.ada.gov/smtown.htm
- ADA Best Practices Tool Kit for State and Local Governments.http://www.ada.gov/pcatoolkit/toolkitmain.htm
- Federal Highway Administration, Questions and Answers About ADA/Section 504 http://www.fhwa.dot.gov/civilrights/ada_qa.htm
- Federal Highway Administration, Memo Clarification of FHWA’s Oversight Role in Accessibility http://www.fhwa.dot.gov/civilrights/ada_memo_clarificationa.htm
“The Act applies to all facilities, including both facilities built before and after 1990. As a necessary step to a program access plan to provide accessibility under the ADA, state and local government, public entities or agencies are required to perform self-evaluations of their current facilities, relative the accessibility requirements of the ADA. The agencies are then required to develop a Program Access Plan, which can be called a Transition Plan, to address any deficiencies. The Plan is intended to achieve the following:
- (1) identify physical obstacles that limit the accessibility of facilities to individuals with disabilities,
- (2) describe the methods to be used to make the facilities accessible,
- (3) provide a schedule for making the access modifications, and
- (4) identify the public officials responsible for implementation of the Transition Plan.
The Plan is required to be updated periodically until all accessibility barriers are removed.” Adaptive Environments. ADA Title II Action Guide for State and Local Governments & Supplement on Employment. 1996. Adaptive Environments, this publication has useful reading, but it’s hard to find. It’s available for purchase new from Adaptive Environments (http://www.adaptiveenvironments.org/index.php?option=Resource&articleid=185&topicid=25) or used from Amazon (http://www.amazon.com/Title-Action-Guide-State-Governments/dp/0934753873)