Martin Brennan is a licensed accessibility specialist and senior facility assessment officer with 3D/International’s
Facilities Group. He can be reached at assessments@3di.com.
Title II of the Americans with Disabilities Act (ADA) mandates access to a public facility's programs, activities, and services. As part of the mandate, institutions must develop a transition plan that outlines the changes necessary to meet access requirements. Not having a transition plan is indefensible against complaints and hefty fines. No matter what your institution’s financial circumstances may be, there are no acceptable excuses for not having a transition plan. Did you ask yourself “What is a transition plan?” or “Do I have a transition plan?” This article discusses how to create a transition plan or how to get your transition plan back on track. (A transition plan should have been completed by July 26, 1992, and the plan’s objectives should have been implemented by January 26, 1995.)
How to create your transition plan or get back on track
This section outlines the required contents that you need to create a transition plan or get a transition plan back on track—and overcome continued non-compliance. If you do not have a transition plan you probably haven’t
documented the barriers to access and the modifications required for compliance. You need a plan. Start at Step 1.
If you had a transition plan but haven’t implemented the solutions, you are behind. Start at Step 3.
Step 1—Document needs
Identify the physical barriers in and around a facility that prohibit access to programs, activities, and services. “Programs, activities, and services” include the functions necessary to fulfill a building’s mission. Events or programs that are open to the public must be accessible by persons with disabilities.
Step 2—Document solutions
Define the structural or physical modifications needed to make the facility accessible. Structural modifications include architectural renovations, such as widening a door or constructing a ramp. The modifications must meet the ADA’s requirements for new construction and changes cannot force a disabled person to access the building in an unequal manner. For example, if the main entrance does not provide accessibility but the rear entrance does, the rear entrance must be equal to the main entrance and available during operating hours. Also, individual states may have unique or additional requirements.
(See the section titled, Satisfying accessibility requirements, for more information on making programs, activities, and services accessible.)
Keep in mind: There are solutions that do not require architectural changes to a facility. For example, the program may be relocated to an accessible area or to another accessible building if it does not segregate persons with disabilities from those without.
Step 3—Prioritize the needs
Assign a priority to each need/solution. (You can get a copy of The Department of Education’s checklist of ADA design issues from the U.S. Government Printing Office at 202-512-1800.)
• Priority 1: Parking, loading zones, and exterior route of travel
• Priority 2: Entrances, lobbies, corridors, elevators, and specific rooms or spaces that contain programs, ctivities, and services including assembly areas, cafeterias, and libraries
• Priority 3: Restrooms, toilets, and shower rooms
• Priority 4: Other access, e.g., drinking fountains and telephones
Step 4—Create a schedule
Create a schedule to correct or remove accessibility barriers. Assign dates to review your progress.
Satisfying accessibility requirements
Title II defines a program or activity as any teaching mission, public lecture or entertainment series, or a social event offered by a public entity. Services include dining, counseling, and other support.
Title II does not require that an entire facility be barrier free as long as access to individual programs, activities, and services is provided. A program, activity, or service may be relocated to an accessible floor or to another location for access. If an institution has several buildings on the same site, all existing buildings may not require accessibility as long as there is overall program accessibility. For example, if freshman English is taught at two locations, only one of the locations must meet compliance requirements.
Undue burden
Occasionally, the modification required to achieve accessibility can be considered “undue burden.” Proving undue burden is often the only defense against a complaint or fine. The proof of undue burden is the responsibility of the facility owner. The justification or decision of the “undue burden” must be documented in the transition plan. Undue burden includes, but is not limited to
• A structural or physical modification that alters a facility’s mission
For example, if a modification impinges on classroom space, the facility may be unable to accommodate all of its students and impair the teaching mission.
• A structural or physical modification that creates unreasonable financial or administrative liability
How you spend affects how you defend. For example, if you fund a renovation project but do not allocate a portion of the funds to ADA compliance, you cannot use unreasonable financial liability as a defense against an ADA complaint or fine. The ability to fund a renovation project implies the ability to fund ADA compliance. On the other hand, if you repair a critical system outage, the associated expense does not imply the ability to fund ADA compliance and unreasonable financial liability may be used to defend against an ADA complaint or fine.
Who can help?
Trained professionals can help determine a facility’s needs and solutions. All architects are not necessarily ADA experts. Look for someone with experience or an ADA certification. ADA offices may also recommend qualified consultants. Contact the ADA Technical Assistance Center at www.adata.org.
Summary of all Title II requirements
The transition plan contains five steps required for complete Title II compliance. While this article provides steps to create a transition plan, Title II includes five steps for complete Title II compliance:
1. Designate a responsible employee
Public entities with over 50 employees must have a designated employee to manage ADA compliance and grievance issues.
2. Provide notice of ADA requirements
All public entities, regardless of size, must provide appropriate notice (to applicants, employees, etc.) of how Title II applies to its programs, activities, and services.
3. Establish a grievance procedure
The procedure provides a resolution process for all ADA-related complaints.
4. Conduct a self-evaluation
Public entities must identify policies or practices that do not comply with Title II and modify the practices to ensure compliance.
5. Create a transition plan
List any barriers, list the necessary modifications, prioritize needs and solutions, and set a schedule. Remember, there’s no defense for not having a plan.