Slide 1:
ADA Audio Conference Series
March 18, 2014
This session is scheduled to begin at 2:00pm Eastern Time
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Slide 2:
Listening to the Session
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Slide 3:
Listening to the Webinar, continued
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Slide 4:  
Captioning
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Slide 5:
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If you are connected via a mobile device you may submit questions in the chat area within the App                                                                                                       
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Slide 7:
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Slide 8:
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Slide 9:
Technical Assistance
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Slide 10:
WHAT’S YOUR PLAN?
Part Three 
Bringing It All Together: 
Transition Plans, Barrier Removal Plans, and Action Plans
Irene Bowen, JD, PA,
James Terry, AIA, LEED-AP, CASp

Slide 11:
Instructors:
Irene Bowen, JD, PA, President, ADA One, LLC, Former Deputy Chief, Disability Rights Section, US DOJ,     Former Deputy General Counsel, Access Board
James Terry, AIA, LEED-AP, CASp, Chief Executive Officer, Evan Terry Associates, P.C.

Slide 12: 
Caution
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 13:
Overview of sessions
Part One: Getting Started
Part Two: A Hands-on Approach to Self-Evaluations
Part Three: Bringing It All Together: Transition Plans, Barrier Removal Plans, and Action Plans

Slide 14:
Refresh
Goal is compliance
Regulations and requirements
Areas of examination and terminology
Equal opportunity – includes communication, policies, practices
 “Policies and practices”
Physical access – buildings, facilities, equipment
 “Program accessibility”

Slide 15:
Last time
Critical decisions
Stages of self-evaluation
Plan
Gather information
Analyze and report
Plan for remediation
Preparing for a transition plan/barrier removal plan

Slide 16:
Action plan builds on critical decisions made earlier
Type of analysis
Level of reporting
Town/city or
Department or
Each program, service or activity
Granularity/level of detail
All at once, or in phases
Electronic information or not
Checklist or narrative or combination

Slide 17:
Things to do
Draft recommendations
Have departments draft their own pieces?
Meet with departments
Public input
Final plan

Slide 18:
Organizing an action plan
By department
By program
By category of activity
Communication
Meetings
Separate programs
Procurement
Emergency evacuation
By type of recommendation

Slide 19:
Possible types of recommendations
Centralized policy changes, including for program access
Centralized procedures
Centralized training
Department-specific action steps

Slide 20:
What about facilities?
Remember: physical changes go in the transition plan
Other facility-related changes go in the action plan
Centralized booking of accessible space
Moving furniture, classes, events
Maintaining accessible features
Training

Slide 21:
Example: maintenance
Accessible features must be maintained in operable working condition.
Lifts
Clear space
Grab bars
Parking
Automatic doors
Sidewalks

Slide 22:
Typical action steps (1)
Direct staff to discontinue practices that are discriminatory (“red flags”)
Asking companions to assist with communication (e.g., to interpret, read) or provision of services (e.g., health care)
Asking forbidden questions about service animals
Denying interpreters, auxiliary formats
Create and/or publicize --
Title II notice of nondiscrimination
Identity of ADA Coordinator
Grievance procedures

Slide 23:
Typical action steps (2)
Develop an administrative order setting out --  
Responsibilities of ADA Coordinator
Responsibilities of department liaisons
Processes for obtaining interpreters, alternate formats, accessible meeting space, etc.
Process/form for making decisions as to fundamental alteration, undue burden
Means of monitoring activities by contractors
Ensuring broadcasts and videos are accessible

Slide 24:
Typical action steps (3)
Train emergency responders on interaction with people with disabilities
Train staff in large facilities to assist people trying to find a service.
Train staff on how to use telecommunication relay services

Slide 25:
Keep on it
Assign tasks to individuals, departments, program managers
Assign deadlines
Ensure accountability
Make it part of the job description
Fund the follow-up

Slide 26:
Questions

Slide 27:
Program Access Through Transition Planning
(And Other ADA Title II Facilities Requirements)

Slide 28:
When do program access requirements apply under Title II ?
Program access requirements related to facility access apply in addition to requirements for new construction and alterations, and in addition to self evaluation requirements related to communications, policies, and procedures.
When no new construction or alterations are taking place, there is still an obligation to remove barriers to program access.

Slide 29:
How do you achieve program access?
Provide programs, services, or activities in accessible places so that your program, when seen as a whole is accessible, but be careful about distance, convenience, and integration.
Remove barriers in those areas that people with disabilities will need to go to participate in your programs, activities and services. 

Slide 30:
Program access is more flexible than the Standards but may require more:
A facility with heavy exterior doors will probably need to have at least one automatic door opener.
You may be required to have more accessible parking spaces than required by the Standards.

Slide 31:
Program access does not require:
That you take actions that would change the fundamental nature of the program.
That you take steps that would create an undue financial and administrative burden.
Undue financial burden must be decided at the top when looking at the entire budget and is a much higher obligation than the readily achievable obligation of Title III.

Slide 32:
Transition Planning Considerations
Overview of the requirements of the law for physical & program access
Breadth and scope of coverage
Types of physical barriers
Alternative methods
What must be included in the plan
Which Standards?
Logical approaches to providing physical access

Slide 33:
Transition Planning Considerations
Facility selection for program access
Surveying facilities for program access
Information needed
Barrier prevention and monitoring
Leased facilities
TP practicalities
Funding the work

Slide 34:
I. Overview of requirements for physical and/or program access
New Construction commenced after January 26, 1992
Alterations commenced after January 26, 1992
Facilities where programs, activities, and services take place (with some exceptions)
Unaltered areas of existing facilities
Leased facilities
Facilities controlled by others

Slide 35:
II. Typical breadth of facility types covered
a.	City and town halls and administrative centers
b.	Courthouses
c.	Jails, Prisons, and detention centers
d.	Police stations
e.	Fire stations
f.	Sheriffs’ departments

Slide 36:
II. Typical breadth of facility types covered (cont’d)
g.	Polling places
h.	Parking decks
i.	Health care delivery centers
j.	Childcare centers
k.	Teen activities centers
l.	Senior activities centers
m.	Emergency shelters

Slide 37:
II. Typical breadth of facility types covered (cont’d)
n.	Animal shelters
o.	Libraries
p.	Museums
q.	Fairgrounds
r.	Convention centers
s.	Auditoriums and theaters
t.	Baseball and football stadiums
u.	Visitors centers

Slide 38:
II. Typical breadth of facility types covered (cont’d)
v. Parks, also including
i.	Public Gardens
ii.	Recreation centers
iii.	Golf courses
iv.	Ice skating rinks
v.	Public swimming and wading pools
vi.	Playgrounds
vii.	Ball fields	

Slide 39:
II. Typical breadth of facility types covered (cont’d)
viii.	Bleachers 
ix.	Tennis centers
x.	Band shells
xi.	Gazebos
xii.	Marinas and fishing facilities
xiii.	Nature trails
xiv.	Shared use paths

Slide 40:
II. Typical breadth of facility types covered (cont’d)
w.	Airports, public transportation stops, and transit stations
x.	Public rights of way elements
y.	Waste disposal/landfill facilities open to public use
z.	All other public entity owned and/or controlled public facilities

Slide 41:
III. Types of physical obstacles listed most frequently in DOJ Agreements
a.	Parking
b.	Curb ramps
c.	Routes from public transportation, accessible parking, streets and/or sidewalks to accessible entrances
d.	Routes through the facilities
e.	Doors and door hardware
f.	Ramps and handrails
g.	Stairs and handrails

Slide 42:
III. Types of physical obstacles listed most frequently in DOJ Agreements (cont’d)
h.	Elevator cabs and lobbies
i.	Platform lifts
i.	Rest rooms, accessible plumbing fixtures, and accessories
k.	Showers and bathing facilities
l.	Dressing and locker rooms
m.	Alarms
n.	Signage (all required types)

Slide 43:
III. Types of physical obstacles listed most frequently in DOJ Agreements (cont’d)
o.	Drinking fountains
p.	Telephones
q.	Service and ticket sales counters
r.	Concession stands and gift shops
s.	Wheelchair seating in assembly areas
t.	Access to stages and performing areas
u.	Assistive listening systems
v.	Libraries

Slide 44:
IV. Physical access v. alternative methods
a.	Physical access is not required to every facility where alternative methods are as effective in providing program access, but, where structural changes are required, a transition plan is required.

Slide 45:
IV. Physical access v. alt. methods (cont’d)
b.	Alternative methods for compliance in existing facilities may include
Redesigning equipment
ii.	Reassigning services to accessible buildings
iii.	Assigning aides to beneficiaries or home visits
iv.	Delivery of services at alternate sites
v.	Alteration of existing facilities
vi.	Construction of new, accessible facilities 
vii.	Use of accessible rolling stock or other conveyances
viii.	Other methods to achieve “readily accessible to and usable by”

Slide 46:
V. Regulatory “requirements” of what must be 	included in a transition plan
a.	Identify all physical obstacles (barriers) in the facilities that limit program access
b.	Detail the methods that will be used to make the facilities accessible
c.	Schedule the steps to be taken each year to achieve compliance
d.	Name of official responsible for implementation

Slide 47:
VI. Determine which Standards will be used to identify barriers
a.	2010 ADA Standards
b.	1991 ADA Stds. or UFAS (for Safe Harbor)
c.	State and/or Local Standards (SH ?)
d.	Rehab. Act - Section 504 program access standard
e.	Public right of way
f.	Shared use paths
g.	Outdoor developed areas

Slide 48:
VII. Logical approach Option “A” for identifying barriers and removing them for physical access
a.	Identify every program offered and evaluate each program for barriers. Remove, then:
i.	Train program-setting employees to recognize and avoid barriers when moving and adding programs and services and when scheduling all public activities and events
ii.	Update transition plan, secure funding, and eliminate barriers every time programs move or are added to inaccessible facilities or areas within facilities

Slide 49:
VII. Logical approach Option “B” for identifying barriers and removing them for physical access
b.	Identify areas in every facility where programs are offered and then identify all barriers in those areas. Remove them, then:
i.	Train program-setting employees to schedule programs, services, public activities and events only in areas of facilities that are already physically accessible
ii.	Update transition plan, secure funding, and eliminate barriers only when programs move or are added to the few remaining inaccessible facilities or areas within facilities

Slide 50:
VIII. Select facilities where programs will be offered to achieve program access
a.	Verify ALL programs, services, and activities will be accessible
b.	If not all accessible at every location, geographically dispersed at convenient locations

Slide 51:
VIII. Select facilities where programs will be offered to achieve program access 	(cont’d)
c.	If not all accessible, consider how facilities are used
1.	Example – two auditoriums: BOTH must be accessible
2.	Example – twenty swimming pool facilities: SOME must be accessible
			i.  Swim meets must be held only at accessible pools
			ii.  Swimming lessons must be offered at accessible pools

Slide 52:
IX. Survey facilities to identify physical obstacles (barriers) that limit program access
(Details on this process are covered in other programs.)

Slide 53:
X. Additional information needed about each facility, each barrier, and each solution
Additional information is needed about each facility, each barrier, and each solution and care must be taken to organize that information to communicate the barriers information effectively, to make decisions consistently and appropriately, and to efficiently coordinate and implement the plan.

Slide 54:
X. a. Facility information 
i.	Facility name (and numerical identifier if one is used)
ii.	Facility type (if one is used)
iii.	Date of initial occupancy and last major renovation (if any)
iv.	Address of facility
v.	ADA contact/coordinator at facility
vi.	ADA contact’s phone number
vii.	Date facility was surveyed to identify barriers to be removed
viii.	Name and phone number(s) of ADA surveyor(s)

Slide 55:
X. a. Facility information (Cont’d)
ix.	Surveyor’s notes about any difficulties encountered during survey and any questions that need to be answered before the facility is ready for inclusion in final transition plan
x.	If desired, which spaces, features, and/or elements of the facility are already accessible and need no further work
xi.	Executive summary of physical barriers identified
xii.	Overall photograph(s) of the facility for general reference 

Slide 56:
X. a. Facility information (Cont’d)
xiii.	After physical barrier removal is complete:
1.	Date last physical barrier was removed
2.	Name of individual certifying all work was completed as noted below
3.	Certifier’s contact information
4.	General notes and exceptions

Slide 57:
X. b. Physical barrier information
i.	Unique barrier identification number
ii.	Exact location of physical barrier
	1.   Described in words
	2.   Marked on a floor or site plan
iii.	Description of existing condition that is non-compliant
iv.	Description of what is required for program access
v.	Reference(s) and figure numbers from the Standards
vi.	Photograph(s) of the barrier showing the problem in context and in detail

Slide 58:
X. b. Physical barrier information (cont’d)
Analysis codes for prioritizing barrier removal if not all will be fixed immediately
1. Use Code (How much is the area or element used by the Public and/or who controls it?) 
Possible Examples:
HP – High Public use
GP – General Public use
MP – Minimal Public use
EV –EVacuation route or emergency exit
L – Landlord controlled area or element
G – Other Governmental entity or agency
T – Tenant controlled area or element

Slide 59:
X. b. Physical barrier information (cont’d)
vii.	Analysis codes for prioritizing barrier removal if not all will be fixed immediately (cont’d)
2. DOJ Code (simplified priorities from Title III regulations)
1 - Access into the facility (out of the weather)
2 - Access to programs, activities, and services
3 - Access to toilet rooms
4 - Access to other elements
5 - Duplicate of other space or element being fixed

Slide 60:
X. b. Physical barrier information (cont’d)
vii.	Analysis codes for prioritizing barrier removal if not all will be fixed (cont’d)
 3.  Severity Code (How bad is this specific barrier now?)
A - Safety consideration for people with disabilities
B - Blocks access to a significant number of people with disabilities
C - Major inconvenience to a significant number of people with disabilities and blocks access for some
D - Minor inconvenience to most people with disabilities, major to few, blocks almost none
E - Fails stricter state requirement (optional)
F - Fully compliant element (optional)

Slide 61:
X. c. Detailed methods to achieve compliance
i.	Description of proposed physical solution
ii.	Cost estimates or level of effort required for proposed method of correction
iii.	Any additional requirements of State Standards that will apply
iv.	Possible alternative method(s)…

Slide 62:
X. c. Detailed methods to achieve compliance (cont’d)
v.	If an alternative or administrative method will be used in lieu of physical barrier removal:
	1.	Cost estimate or level of effort for proposed alternative 	method
	2.	How the alternative or administrative method will be 	communicated to and coordinated with those responsible 	for implementing it
	3.	Identify any difficulties expected with continued 	dependence on this method
	4.	Name and position of individual(s) approving alternative
	5.	Decisionmakers’ contact information

Slide 63:
X. c. Detailed methods to achieve compliance (cont’d)
vi.	After decision re: physical fix or alternative method
	1.   Who will be responsible for the work
		a. 	Specific department, and/or
		b. 	Operations staff
		c. 	Custodial/Housekeeping staff
		d.	Maintenance staff
			i.	Locksmith   
			ii.	Landscaper
			iii.	Carpenter
			iv.	Plumber
			v.	Electrician
			vi.	Other
Slide 64:
X. c. Detailed methods to achieve compliance (cont’d)
e. 	Capital improvements group
		f. 	Legal
			i.	Landlord
			ii.	Tenant
			iii.	Other government agency
vii.	After physical barrier removal is complete:
	1.	Date barrier was removed
	2.	Name of individual certifying that work was completed as noted below
	3.	Certifier’s contact information

Slide 65:
X. c. Detailed methods to achieve compliance (cont’d)
viii.	After physical barrier removal is complete: (Cont’d)
	4.	Notes and exceptions
		a.	Differences between initial transition plan and actual physical work completed
		b.	Reasons for changes to physical barrier removal
		c.	Who approved changes
		d.	Date of approval

Slide 66:
X. d. Streets, sidewalks, and curb ramps plan
i.	Decide whether to use an automated system or a manual method for identifying barriers
ii.	If a manual method, use survey forms with diagrams to assess all existing conditions consistently and develop/select solutions in the field when possible
iii.	Survey only once and collect all information needed for decisions and management of process
iv.	Setting priorities (discussed during last session)

Slide 67:
X. e. Organizing and communicating the information
i.	Difficulties with hard copy data, plans, & spreadsheets
ii.	Database with standard analysis options and tailored reports
iii.	Database live on a secure internet server with layered access for specific user types
iv.	Photos (before and after)
v.	Site and floor plans of facilities, parks, etc
vi.	Geographic information systems to manage PROW and site data and document process (GIS)
vii.	Map(s) showing all facilities with accessible ones noted
viii.	Map(s) showing most accessible routes (keep updated)

Slide 68:
XI. Barrier prevention and monitoring 
Conducting plan reviews of new projects during design and verifying construction in the field
Checking alterations projects
Watching and training maintenance staff
Training and overseeing custodial staff
Coordinating with operations personnel
Working with public service representatives
Following up with vendors and suppliers
Verifying access to new and changing programs

Slide 69:
XII. Leased facilities
Under title II, a state or local government should attempt to lease accessible facilities.  If they can not, then the program access requirements will apply to the facility that is leased.
Necessary changes will need to be negotiated with the landlord.
Refusal on the part of the landlord does not make the changes technically infeasible.

Slide 70: 
XIII. TP practicalities
Access to programs vs. facility access
Setting priorities when the budget is limited
Which survey details will you collect?
Coordinating accessible facility solutions with the operations, maintenance, procurement, and various program providers to assure consistent “program access” in practice
Tracking and communicating what you are doing, what you’ve done, and how to use it

Slide 71:
XIV. Funding the work
a.	Stop the processes that are creating new barriers
i.	Training ALL design and construction team members 
ii.	ADA plan reviews of new construction and alterations
iii.	Reviews and approvals of standard accessible products
iv.	Training and support for maintenance and operations teams
b.	Look for opportunities and methods to piggyback ADA work onto other projects
i.	Ongoing maintenance work
ii.	New construction, additions, and alterations projects
c.	Seek new funding sources
i.	Donations and partnership projects
ii.	State funding sources
iii.	Federal funding sources (CDBG, FEMA, Direct, etc.)
Slide 72:
Questions

Slide 73:
CONTACT
Irene Bowen, J.D.
President, ADA One, LLC
9 Montvale Court
Silver Spring, MD 20904
Web site: http://ADA-One.com
301.879.4542 (O)
301.236.0754 (F)

Slide 74:
CONTACT
James L.E. Terry, AIA, CASp
CEO, Evan Terry Associates, P.C.
One Perimeter Park So. #200S
Birmingham, AL 35243
www.EvanTerry.com 
jterry@evanterry.com
205.972.9100 (O)
205.972-9110 (F)

Slide 75:
Thank you for participating in today’s ADA-Audio Conference Session
The next scheduled session is:  “Googling: Job Applicants”
April 15, 2014
www.ada-audio.org or by phone at:  877-232-1990 (V/TTY)