Slide 1:
In's and Out's of Conducting a 
Self-Evaluation for Local Government
Irene Bowen, J.D. , ADA One, LLC
Sally Conway, Deputy Chief, Disability Rights Section, Civil Rights Division
U.S. Department of Justice
ADA Audio Conference Series, March 15, 2011 

Slide 2:
Disclaimer
The content provided in this presentation is for informational purposes only.  Neither the content nor delivery of the content is or shall be deemed to be legal advice or a legal opinion.  The audience cannot rely on the content delivered as applicable to any circumstance or fact pattern. The information provided is not a substitute for professional legal advice.

Slide 3:
Basic requirements: title II
DOJ regulation, 1991 (provisions unchanged by 2010 revisions)
Requires a self-evaluation of services, policies and practices, 
with public input by January 26, 1993.  28 CFR 35.105(a)
Requires a transition plan, where physical changes are necessary to achieve program accessibility,
with public input, (if 50 or more employees) by July 26, 1992.  28 CFR 35.150(d)

Slide 4:
Other procedural requirements
Physical modifications to be complete by January 26, 1995.  28 CFR 35.150(c)
Designation of responsible official (“ADA Coordinator”) (if 50 or more employees).  28 CFR 35.107(a)
Grievance procedure (if 50 or more employees).  28 CFR 35.107(b)
Notice to public.  28 CFR 35.106

Slide 5:
Section 504
Agency regulations require a self-evaluation and
(if necessary) a transition plan

Slide 6:
Transition plan must include:
Description of physical obstacles affecting accessibility that must be removed
Methods for making facilities accessible (in detail)
Time frames (if more than one year, annual markers)
Name of person responsible for implementation

Slide 7:
Why do a plan now?
Ask yourself:  Has anything changed in 20 years?
Times and people
Your programs
Your buildings and facilities
Web sites
Are you ready for more change? (DOJ regulations, September 2010)  Can you comply without a plan?

Slide 8:
Is it better not to assess the problems?
Or is it better to acknowledge issues and fix them? 

Slide 9:
Benefits of planning
Good faith
Meet new deadlines under 2010 regulations
Possibility of harsher mandates from litigation

Slide 10:
DOJ’s 2010 Revisions
Final rule issued September 15, 2010
Modifies some parts of 1991 regulation
Adopts new accessibility standards (“2010 Standards”), including 2004 ADAAG
Effective date: March 15, 2011 
Compliance date (facility provisions, hotel reservation policies)

Slide 11:
New DOJ deadlines
March 15, 2012: “compliance date” for using the 2010 Standards for new construction, alterations, program accessibility, and barrier removal.
Although under certain circumstances, the revised regulations permit the use of the 2010 Standards before the compliance date of March 15, 2012, entities are not required to comply with the 2010 Standards until March 15, 2012.

Slide 12:
Compliance date and standards for public entities
From September 15, 2010, to March 15, 2012, when making architectural changes to provide program access, choose to follow the 1991 Standards, the UFAS, or the 2010 Standards. 
On or after March 15, 2012, must comply with the 2010 Standards in making architectural changes to achieve program accessibility and for all new construction and alterations.
On or after March 15, 2012, must consider the supplemental requirements (such as swimming pools, play areas, and fishing piers) in the 2010 Standards to assess compliance with program accessibility.

Slide 13:
DOJ’s 2010 rule (title II)
Section 35.150
Basic requirement stays: programs and facilities must be accessible in their entirety.
Existence of barrier is “measured” by alterations standards.
So, what if the measure changes?

Slide 14:
New: Safe Harbor
DOJ 2010 rule, section 35.150(b)(2)(i):	
Elements in existing facilities don’t have to be altered for sake of program accessibility if
Element isn’t altered after March 15, 2012, and Element meets 1991 Standards/UFAS

Slide 15:
What if there weren’t any 1991 Standards for the element?
DOJ 2010 rule, section 35.150(b)(2)(ii):	Safe harbor doesn’t apply to elements subject to supplemental standards, e.g.: Residential facilities dwelling units, Boating, fishing, shooting, golf facilities, Play areas

Slide 16:
DOJ 2010 Rule and Program Access
Does not adopt concept of “reasonable number” 
Describes factors for evaluating “in its entirety” in preamble
Size of entity
Program features at each site
Distance between sites
Travel times
Number of sites
Public transportation

Slide 17:
Transition plan: approaches
Follow each program or
Assess the facilities and how they’re used, then document where accessible programs can be offered
Hybrid: assess both at once, then consider together

Slide 18:
What kind of plan?
Do what works for you
Various options/models
Identify it as your transition plan or barrier removal plan
Look at how policies affect access
Consider contractors, vendors, etc.

Slide 19:
How do you develop a plan?
Involve everyone
Those responsible
Those affected
Keep regulatory changes in mind
Develop databases
Establish priorities and limits
Get public comment
Put it on the web

Slide 20:
Then what?
Empower someone
Strong grievance procedure
Up-to-date data bases
Train
Monitor
Respond to issues quickly
Document your responses
Check plans and construction
Publicize successes and best practices
Monitor
Retrain

Slide 21:

Resources
DOJ’s ADA website: www.ada.gov
Regulations
“One Book”
February guidance: 2010 Revised ADA Requirements: Effective Date and Compliance Date
Tips for the Transition to 2010 (from ADA One, LLC)

Slide 22:
CONTACT:
Irene Bowen, J.D.
President, ADA One, LLC
9 Montvale Court
Silver Spring, MD 20904
301 879 4542
IreneBowen@ADA-One.com
www.ADA-One.com

Slide 23:
CONTACT:
US Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights Section - NYA 
Washington, D.C. 20530
(800) 514-0301 (voice) 
(800) 514-0383 (TTY)

Slide 24:
QUESTIONS?
Slide 25:
Join us for Next Month’s ADA Audio Conference Session Titled:
Are My Recreation Facilities Accessible? Where Do I start?
Featuring:  
Jennifer Skulski, Director of Marketing and Special Projects
National Center on Accessibility, Indiana University
April 19, 2011 at 2:00pm Eastern 
www.ada-audio.org or call 866-232-1990 (V/TTY)