ADA Desk Reference
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DESK REFERENCE (ADA) CT A ISABILITIES D WITH ACCESS FOR INDIVIDUALS WITH DISABILITIES UNDER ECTION S 504 MERICANS OF THE REHABILITATION ACT AND A TITLE II OF THE ADA Table of Contents Page 1 INTRODUCTION 1 - 1 CHAPTER I—Considerations in the Federal-aid Highway Program 2 I. Authorities 2 -- 1 II. Laws & Regulations 2 -- 3 III. Project Oversight 2 -- 11 IV. Program Oversight 2 -- 15 V. Complaint Investigation and Resolution 2 -- 19 VI. Program and Facility Accessibility 2 -- 23 VII. Accessibility of Pedestrian Rights-of-Way 2 -- 29 VIII. Auxiliary Aids/Communications 2 -- 85 CHAPTER II—Implementation 3 I. Roles and Responsibilities 3 -- 1 • FHWA Headquarters Office of Civil Rights 3 -- 2 • FHWA Resource Center 3 -- 3 • FHWA Division Office • FHWA Federal Lands • State Transportation Agency II. Documentation 3 -- 10 III. ADA Program: Minimum Requirements 3 -- 13 IV. Contract Requirements 3 -- 25 V. Review Guidelines 3 -- 27 APPENDICES 4 *See next page for detailed listing of Appendices Table of Contents Page 4 A. ADA Implementation, Compliance and Enforcement Guide 4 -- A -- 1 B. ADA/504 Technical Assistance Tool 4 -- B -- 1 C. Sample ADA/504 Policy/Assurances 4 -- C -- 1 D. Sample ADA/504 Notice of Nondiscrimination 4 -- D -- 1 E. Sample Reasonable Accommodations Request 4 -- E -- 1 F. Sample Technical Infeasibility Statement 4 -- F -- 1 G. Sample ADA/504 Self-Evaluation 4 -- G -- 1 H. Sample ADA/504 Transition Plan 4 -- H -- 1 I. Selected Nondiscrimination Authorities 4 -- I -- 1 Authorities • 29 USC 794, et seq. - Section 504 4 -- I -- 1 of the Rehabilitation Act of 1973 (as amended by the Civil Rights Restoration Act of 1987) • 42 USC 126 4 -- I -- 3 Equal Opportunity for Americans with Disabilities • Public Law 100-259;102 Stat. 28 4 -- I -- 35 Civil Rights Restoration Act of 1987 Regulations • 28 CFR Part 35 4 -- I -- 37 Nondiscrimination on the Basis of Disability in State and Local Government Services 4 -- I -- 53 • 49 CFR Part 27 Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance Guidance • FHWA Memorandum: ADAAG Detectable Warnings 4 -- I -- 69 (Truncated Domes) May 6, 2002 • FHWA Memorandum: ADAAG and Detectable 4 -- I -- 71 Warnings July 30, 2004 • FHWA Memorandum: ADAAG Public Right-Of-Way 4 -- I -- 73 Access Advisory January 23, 2006 • 23 CFR PART 1235 -- UNIFORM SYSTEM FOR 4 -- I -- 75 PARKING FOR PERSONS WITH DISABILITIES J. FHWA FORMS: • Survey Form 1 Parking 4 -- J -- 1 • Survey Form 3 Exterior Accessible Routes 4 -- J -- 5 • Survey Form 4 Curb Ramps 4 -- J -- 9 • Survey Form 29 Transportation - Bus Stops 4 -- J -- 13 K. Definitions 4 -- K -- 1 L. Acronyms and Abbreviations 4 -- L -- 1 M. Relevant Court Decisions 4 -- M -- 1 N. Facility Accessibility Equipment List 4 -- N -- 1 O. How to Write and Speak About People With Disabilities 4 -- O -- 1 P. Federal-aid (FHWA) Funds For Pedestrian Activities 4 -- P -- 1 ADA/504 INTRODUCTION Introduction This Desk Reference is designed to help staff tasked with compliance and oversight activities ensure that State and local transportation agencies responsible for highway construction and operations comply fully with the pro- visions of Title II of the Americans with Disabilities Act (Title II ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504). It is written for civil rights specialists, engineers, management staff, public involvement spe- cialists and others who share this responsibility. The Desk Reference discusses situations that transportation professionals may encounter, which will demonstrate how the regulations would apply in specific instances. Also included are a variety of worksheets that outline a structured process for planning, evaluating, and documenting certain compliance activities. The core mission of FHWA and its State and local recipients of Federal-aid is to provide safe and efficient trans- portation facilities. Over the years, the primary focus has been the construction of the Interstate highway system. Now that the Interstate system is substantially complete, with the exception of smaller segments and connectors, FHWA’s focus has turned to the safe, effective and efficient operation of these systems. Given this shift in fo- cus, more attention is now being paid to pedestrian facilities that are located within the public right-of-way. Transportation agencies are aware that the pedestrian facilities and the pedestrian networks and systems they own, operate and maintain are vital arteries for the movement and circulation of people. Pedestrian facilities are now also recognized as positive quality-of-life enhancers that have become tools to improve our lives through greater health benefits of exercise, reduced vehicle emissions and the connectivity of neighborhoods to busi- nesses, (STAs), and other vital facilities. All of these factors promote greater livability in our communities. As a result, many roadway projects--whether new construction or the alteration or reconstruction of existing facilities-- may often involve the construction of new or altering existing pedestrian facilities. When that occurs, STAs must ensure that those facilities are made accessible to individuals with disabilities. However, FHWA’s role extends beyond ensuring that pedestrian facilities, systems and networks are accessible for those with disabilities. FHWA has a regulatory responsibility under Title II of the ADA and Section 504 to ensure that recipients of Federal–aid and State and local entities that are responsible for roadways and pedestrian facilities do not discriminate on the basis of disability in any highway transportation program, activity, service or benefit they provide to the general public. Virtually all of the entities for whom FHWA has oversight provide programs, services, activities and benefits that encompass highway transportation facility construction, operation and maintenance. These programs and services include public outreach activities in connection with transportation projects and initiatives, bidding and other contract activities, public information services such as traffic and tourist hotlines and even the operation and maintenance of the entities’ own buildings and facilities. The accessibility of STA programs, services and activities is critical in helping STAs design and construct accessible pedestrian facilities. Accordingly, State and local entities must employ ADA/504 coordinators, inform the public of their responsibilities of these regulations, conduct and update self-evaluations and transition plans, and provide auxiliary aids to individuals with visual and hearing impairments to facilitate this access. 1 — 1 1 — 2 ADA/504 Chapter 1 CONSIDERATIONS I. AUTHORITIES Note: This document references the following sources: The Code of Federal Regulations (CFR) is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government. It is divided into 50 Titles that represent broad areas subject to Federal regulation. For example, the regulation citation "28 CFR 35.103" means Title 28 of the Code of Federal Regulations, Part 35, Section 103. The United States Code (USC) is the codification by subject matter of the general and permanent laws of the United States. It is divided by broad subjects into 50 Titles and published by the Office of the Law Revision Counsel of the U.S. House of Representatives. For example the statute citation "42 U.S.C. 12102" means Title 42 of the United States Code, Section 12102. This reference guide is consistent with regulations governed by USDOT. The following laws and regulations apply to, or effect FHWA/STA programs, services and activities that involve compliance with Title II ADA and Section 504: • 29 USC 794, et seq. -- Section 504 of the Rehabilitation Act of 1973 (as amended by the Civil Rights Restoration Act of 1987) • 42 USC 3, et seq.12111 -- Americans with Disabilities Act (Title II) • 28 CFR Part 35 -- Nondiscrimination on the Basis of Disability in State and Local Government Services • 49 CFR Part 27 -- Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Fed- eral Financial Assistance • Public Law 100-259; 102 Stat. 28 -- Civil Rights Restoration Act of 1987 • 23 CFR Part 5632 -- Pedestrian & Bicycle Accommodations and Projects • 23 CFR Part 1235 -- Uniform System for Parking for Persons with Disabilities • 23 CFR 450.220(a)(4) -- ADA Requirements to be Certified into Statewide Planning • 23 CFR 450.316(b)(3) -- ADA Requirements for Metropolitan Planning • 23 CFR 771.105(f) -- ADA Requirements for NEPA • Public Law 109-59 -- Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) of 2005 Note: Section 504 of the Rehabilitation Act and the ADA, have parallel requirements for accessibility. 2 — 1 ADA/504 Chapter 1 CONSIDERATIONS II. LAWS AND REGULATIONS THAT REQUIRE ACCESSIBILITY LAWS There are three laws that require accessible planning, design and construction, and actions to integrate people with disabilities into mainstream society: The Architectural Barriers Act (the ABA) of 1968 (For Federal or Federal-funded facilities (42 U.S.C. §§ 4151 et seq. § 4151)) According to the U.S. Access Board, The ABA requires access to facilities designed, built, altered, or leased with Federal funds. Passed by Congress in 1968, it marks one of the first efforts to ensure access to the built environment. The Access Board develops and maintains accessibility guidelines under this