1. The Americans with Disabilities Act ADA Transition Plans Will McClure FHWA California Division Office

2. Training Outline People with Disabilities Ensuring ADA Compliance State & Local Public Agency Requirements Laws, Regulations, Guidelines & Standards Pedestrian Path of Travel Conduct a Self-Evaluation Elements of a Transition Plan

3. “Let the shameful wall of exclusion finally come tumbling down.” President George H. W. Bush The Americans with Disabilities Act

4. People with Disabilities US Census Bureau  57 million, 19% of US population  8.1 million have difficulty seeing  2 million are blind or unable to see  7.6 million experience difficulty hearing  31 million difficulty walking or climbing stairs

5. Physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination. People with Disabilities

6. Historically, society has tended to isolate and segregate people with disabilities. Despite some improvements, discrimination against people with disabilities continues to be a serious and pervasive social problem. People with Disabilities

7. Discrimination against individuals with disabilities persists in critical areas such as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services. People with Disabilities

8. The Department of Justice (DOJ) DOJ designated USDOT as the Federal agency responsible for overseeing and implementing ADA compliance. FHWA is responsible for implementation of ADA & Section 504 pedestrian access requirements. Both DOJ and DOT have enforcement authority.

9. The primary purpose of FHWA’s ADA/ Section 504 program is to ensure that pedestrians with disabilities have the opportunity to use the transportation system in an accessible and safe manner. Federal Highway Administration

10. FHWA plays a vital role in the planning, design and construction of roads, highways and other transportation facilities, and the implementation of pedestrian access requirements under these regulations. Federal Highway Administration

11. “Beginning to End” FHWA provides stewardship and oversight in the investigation, planning, design, construction, and maintenance/operation of a variety of infrastructure projects & programs.

12. Ensuring Compliance FHWA ensures recipients and public entities comply via: Program Oversight Project Oversight Complaint Investigations

13. Program Oversight Oversight and stewardship over all Federal, State, and local government agencies that build and maintain highways and roadways. (Even if no federal $ are used) Program, Process or Compliance Reviews Training and Technical Assistance to Recipients & Public Entities.

14. Program Oversight Informing recipients/sub-recipients of their accessibility responsibilities. Reviewing and monitoring pedestrian access compliance. Reviewing the ADA Transition Plan.

15. Project Oversight Oversight of Federal-aid highway construction activities. Ensuring the public entity’s planning, design, and construction programs adequately address access for persons with disabilities.

16. Complaint Investigations Investigation of Title II ADA/Section 504 formal complaints. Investigation of projects and locations where FHWA has reason to believe accessibility problems exist.

17. What do Section 504 and ADA mean for State and Local Public Agencies in the delivery of their programs, services and activities? Nondiscrimination of the Basis of Disability

18. Prohibits discrimination on the basis of disability by recipients and sub-recipients of Federal Aid. Section 504 of the Rehabilitation Act of 1973

19. Prohibits discrimination on the basis of disability by Public Entities. Effective Date: January 26, 1992 The Americans with Disabilities Act

20. Laws, Regulations, Guidelines and Standards Architectural Barriers Act Civil Rights Restoration Act 2010 ADA Standards DOJ/DOT Joint Technical Assistance Manual on Uniform Traffic Control Devices (MUTCD) Federal Aid Highway Act of 1973 23 CFR 450.218 Self-certification, Federal Findings and Federal Approvals

21. Laws, Regulations, Guidelines and Standards ADA and ABA Accessibility Guidelines were developed primarily for buildings and facilities on sites. PROWAG - Proposed Guidelines Developed Specifically for Pedestrian Facilities in the Public Right-of-Way

22. Laws, Regulations, Guidelines and Standards PROWAG Pedestrian access to sidewalks and streets, including crosswalks, curb ramps, street furnishings, pedestrian signals, parking, and other components of public rights-of-way. Various constraints posed by space limitations, roadway design practices, slope, and terrain. Once adopted by DOJ, they will become enforceable standards under title II of the ADA.

23. Laws, Regulations, Guidelines and Standards Public Rights-of-Way (PROWAG) NPRM Best Practices implemented in State Design Information Bulletin in several States including, California.

24. Program Accessibility A public entity shall operate each service, program, or activity (when viewed in its entirety) so that it is readily accessible to and usable by individuals with disabilities.

25. ADA Administrative Requirements Adopted from Section 504 Self-Evaluation Nondiscrimination Notices Designation of Responsible Employees Adoption of Grievance Procedures

26. Nondiscrimination on the Basis of Disability in State and Local Government Services Subpart A - General Self-Evaluation (§35.105) Nondiscrimination Notices (§35.106) Designation of Responsible Employees and Adoption of Grievance Procedures (§35.107)

27. A public entity shall, within one year of the effective date (January 26, 1992) of this part, evaluate its current services, policies, and practices, and the effects thereof, that do not or may not meet the requirements of this part. Self-Evaluation

28. To the extent modification of any such services, policies, and practices is required, the public entity shall proceed to make the necessary modifications. Self-Evaluation

29. A public entity that employs 50 or more persons shall, for at least three years following completion of the self-evaluation, maintain on file and make available for public inspection: (1)A list of the interested persons consulted (2)A description of areas examined and any problems identified (3)A description of any modifications made. Self-Evaluation

30. If a public entity has already complied with the self-evaluation requirement of a regulation implementing section 504 of the Rehabilitation Act of 1973, then the requirements of this section shall apply only to those policies and practices that were not included in the previous self-evaluation. Self-Evaluation

31. Because most self-evaluations were done from five to twelve years ago however, the Department expects that a great many public entities will be reexamining all of their policies and programs. DOJ Response to Public Comments Self-Evaluation

32. Nondiscrimination on the Basis of Disability in State and Local Government Services Subpart B – General Requirements General discrimination prohibitions (§35.130) Maintenance of accessible features (§35.133) Personal devices and services (§35.135) Subpart C - Employment Employment discrimination prohibited (§35.140)

33. Program Accessibility Discrimination Prohibited No qualified individual with a disability shall, because a public entity’s facilities are inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of the services, programs or activities of a public entity.

34. General Requirements Maintenance of Accessible Features A public entity shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities

35. Nondiscrimination on the Basis of Disability in State and Local Government Services Subpart D – Program Accessibility Discrimination prohibited (§35.149) Existing facilities (§35.150) New construction and alterations (§35.151)

36. Nondiscrimination on the Basis of Disability in State and Local Government Services Subpart D – Program Accessibility Existing facilities (§35.150) (c) Time period for compliance. Where structural changes in facilities are undertaken to comply with the obligations established under this section, such changes shall be made within three years of January 26, 1992, but in any event as expeditiously as possible.

37. Model Sidewalks The Frontage Zone is the strip along the inside edge. The Pedestrian Zone includes the Pedestrian Access Route (PAR). Furnishing Zone is adjacent to the curb line. The curb zone is literally the top of the curb.

38. Path of Travel 28 CFR 35.151(b)(4)(ii) & 49 CFR 37.43(d) Continuous, unobstructed way of pedestrian passage. By means of which the altered area may be approached, entered, and exited. Connects with an exterior approach (including sidewalks, streets, and parking areas), an entrance to the facility, and other parts of the facility.

39. Elements of Typical Curb Ramp 1 2 3 4 5 6

40. Accessible Pedestrian Features 2010 ADA Standards – Horizontal Openings (302.3) – Running Slope (405.2) – Cross-Slope (405.3) – Grade Breaks (405.4) – Clear width (405.5) – Counter Slope (406.2) – Flared Sides (406.3) – Landings (406.4) – Clear Space (406.5) – Detectable Warnings (705)

41. Horizontal Openings (302.3) Free of surface discontinuities ≥ ½” Openings shall not permit passage of sphere ≥ ½” in diameter. J-Boxes Water Meters / Valves Vaults

42. Curb Ramp Running Slope (405.2) A walking surface with a running slope greater than 1:20 (5%), maximum of 1:12 (8.33%) to traverse a change in elevation. 8.33% Max

43. Cross-Slope (405.3) Max 2% (1:50), measured perpendicular to direction of running slope. 2% max

44. Grade Breaks (405.4) Transition points shall be flush and cannot have any abrupt level changes.

45. Vertical Alignment (405.4) Grade breaks between curb ramps & roadway – The transition area must be free of ‘lips’ ~ flush. – This could be at the flow line or where the edge of the gutter pan meets the asphalt. – If changes are not addressed, they can be tripping hazards.

46. Clear Width (405.5) The ramp run must be at least 36” wide.

47. Counter Slope (406.2) Line where two surface planes w/ different grades meet. Connection between the ramped surface and adjoining gutter, sidewalk, threshold, etc. (<1:20 or 5%).

48. Flared Sides (406.3) Max slope of 10% (1:10).

49. Landings (406.4) and Clear Space (406.6) At the top of each CR Clear length ≥ 36” ≥ 36” Diagonal CR only At bottom Clear space ≥ 48”

50. Detectable Warnings (705) Truncated domes (bumps) used as tactile cue for vision impaired/blind pedestrians. Indicate the entrance into traffic or the absence of a curb.

51. Detectable Warnings Size & Placement (705; R305.1.4) Size: 24” minimum Placement – Flush – Concrete border ≤ 2” – Where back of curb edge is tooled to provide a radius, the border dimension should be measured from end of radius

52. Transition Plan In the event that structural changes to facilities will be undertaken to achieve program accessibility, a public entity shall develop a Transition Plan setting forth the steps necessary to complete such changes.

53. Transition Plan A public entity shall provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the development of the Transition Plan. Shall be made available for public inspection.

54. Transition Plan Identify physical obstacles in the public entity’s facilities that limit the accessibility of its programs or activities to individuals with disabilities. Describe in detail the methods that will be used to make the facilities accessible. Schedule for taking steps necessary to achieve compliance.

55. Transition Plan FHWA recipients and public entities with responsibilities over roads, highways and pedestrian facilities, the Transition Plan must include a curb ramp installation schedule.

56. Section 504 responsibilities not detailed specifically in Title II of the ADA: Rest areas on Interstate highways must be accessible Pedestrian overpasses, underpasses, and ramps constructed with Federal financial assistance must be accessible. Additional 504 Requirements

57. Project Oversight Oversight of Federal-aid highway construction activities. Ensuring the public entity’s planning, design, and construction programs adequately address access for persons with disabilities.

58. Potholes Everything Else (besides potholes) DOJ/DOT (FHWA) Joint Technical Assistance

59. DOJ/DOT Joint Technical Assistance Guidance Alterations vs. Maintenance Prior DOJ guidance stated:  Paving, repaving, or resurfacing were generally considered alterations  Filling a pothole was not considered to be an alteration  Prior DOJ guidance did not provide specific examples of maintenance activities

60. DOJ/DOT Joint Technical Assistance Guidance Alterations vs. Maintenance  DOJ and DOT (FHWA) met in 2012 to 2013  Provide clarity and consistency  Based on feedback (comments/questions) from States, local governments, disability rights advocates, and citizens

61. DOJ/DOT Joint Technical Assistance Guidance Alterations vs. Maintenance  Educated by public perception of scale of road work (i.e., heavy equipment, truck numbers, crew sizes, time)

62. Distinguishes alterations from maintenance based on the type of road treatment: Chip Seals Fog Seals Scrub Sealing Crack Filling and Sealing Joint Crack Seals Slurry Seals Diamond Grinding Joint repairsSpot High-Friction Treatments Dowel Bar Retrofit Pavement Patching Surface Sealing DOJ/DOT Joint Technical Assistance Guidance Addition of New Layer of Asphalt Mill & Fill / Mill & Overlay Cape SealsNew Construction Hot In-Place Recycling Open-graded Surface Course Microsurfacing / Thin-Lift Overlay Rehabilitation and Reconstruction

63. DOJ/DOT Joint Technical Assistance Guidance Alterations vs. Maintenance  Single Federal policy that identifies specific pavement treatments that are alterations  Alterations require installation of curb ramps  Maintenance applications do not require curb ramps “at the time of the improvement”

64. DOJ/DOT (FHWA) Joint Technical Assistance Chip Seals Fog Seals Scrub Sealing Crack Filling and Sealing Joint Crack Seals Slurry Seals Diamond Grinding Joint repairsSpot High-Friction Treatments Dowel Bar Retrofit Pavement Patching Surface Sealing Addition of New Layer of AsphaltMill & Fill / Mill & Overlay Cape SealsNew Construction Hot In-Place Recycling Open-graded Surface Course Micro-surfacing / Thin-Lift Overlay Rehabilitation & Reconstruction

65. Pavement Treatment Types (Maintenance vs. Alteration) Addition of New Layer of Asphalt Mill & Fill / Mill & Overlay Cape SealsNew Construction Hot In-Place Recycling Open-graded Surface Course Microsurfacing / Thin-Lift Overlay Rehabilitation and Reconstruction Chip Seals Fog Seals Scrub Sealing Crack Filling and Sealing Joint Crack Seals Slurry Seals Diamond Grinding Joint repairsSpot High-Friction Treatments Dowel Bar Retrofit Pavement Patching Surface Sealing plus

66. DOJ/DOT Joint Technical Assistance Guidelines DOJ/DOT Joint Technical Assistance https://www.fhwa.dot.gov/civilrights/programs/doj_fhwa_ta.cfm Glossary of Terms DOJ/FHWA Joint Technical Assistance https://www.fhwa.dot.gov/civilrights/programs/doj_fhwa_ta_glos sary.cfm Q/A Supplement to the 2013 DOJ/DOT Joint Technical Assistance https://www.fhwa.dot.gov/civilrights/programs/ada_resurfacing_q a.cfm

67. Laws, Regulations, Guidelines and Standards Pedestrians might be affected by Temporary Traffic Control (TTC) zones Including people with disabilities Clearly delineated and usable travel path. Considerations for pedestrians with disabilities, Section 6D.02.

68. Alternate Pedestrian Access Routes (MUTCD Ch. 6D)

69. Goals – Accessibility in work zones (bus stops, etc.) – Safe, convenient, unobstructed route – For ALL pedestrians, including disabled – Address conflicts with vehicular traffic – Address conflicts with construction activities Alternate Pedestrian Access Routes Reference: MUTCD 6D.01, 6D.02, 6G.05, 6F.63, 6F.68, and 6F.71

70. MUTCD Section 6D – Pedestrian & Accessibility Considerations “When existing pedestrian facilities are disrupted, closed, or relocated in a Temporary Traffic Control (TTC, or work) zone, the temporary facilities shall be detectable and include accessibility features…” Advance notice of sidewalk closure shall be provided – Signage, audio, detectable edge / barrier / chain link fencing / jersey barriers across full width of closed sidewalk Adequate pedestrian access and walkways shall be provided Accessibility and detectability shall be maintained along the alternate pedestrian route

71. Old Methods – Caution tape, rope, plastic chain – Traditional barriers, cones, tubular markers, etc. New Methods – Barriers / devices: detectable by cane – Sidewalk closure / detour signs with audible devices Directions on detour routes – Temporary pedestrian ramps MUTCD Section 6D – Pedestrian & Accessibility Considerations

72. Communication to pedestrians with visual disabilities should be by: – Audible information devices – Accessible pedestrian signals – Barriers with channelizing devices that are detectable to the pedestrians traveling with the aid of a long cane or who have low vision MUTCD Section 6D – Pedestrian & Accessibility Considerations

73. Audible Information Devices – Speech message provided by an audible information device MUTCD Section 6D – Pedestrian & Accessibility Considerations

74. When channelization delineates a pedestrian pathway, a continuous detectable edging should be provided throughout the length of the facility (Section 6F.68). MUTCD Section 6D – Pedestrian & Accessibility Considerations

75. Where pedestrians with visual disabilities normally use the closed sidewalk, a barrier that is detectable by a person with a visual disability traveling with the aid of a long cane shall be placed across the full width of the closed sidewalk.

76. A smooth, continuous hard surface should be provided throughout the entire length of the temporary pedestrian facility. MUTCD Section 6D – Pedestrian & Accessibility Considerations

78. Complaint Investigations Investigation of Title II ADA/Section 504 formal complaints. Investigation of projects and locations where FHWA has reason to believe accessibility problems exist.

79. Project Civic Access Access to civic life is a fundamental part of American society. On August 23, 1999, the Department of Justice reached a settlement with the City of Toledo, Ohio The City agreed to remove barriers and relocate activities throughout its city government

80. Project Civic Access To build upon the Ohio settlement, the Disability Rights Section began similar reviews of other local and state governments Technical assistance materials were developed so that communities could immediately begin to come into full compliance with the requirements of title II of the ADA

81. Project Civic Access The project now includes 207 settlement agreements with 192 localities in all 50 states, the District of Columbia, and Puerto Rico Most of the compliance reviews were undertaken on the Department’s own initiative under the authority of title II Some matters were undertaken in response to complaints filed against localities

82. Project Civic Access City of Fort Morgan, Colorado City of Seaside, California The Town of Poestenkill, New York

83. Voluntary Compliance FHWA’s efforts focus on monitoring public entities and recipients of federal financial assistance and providing technical assistance to achieve voluntary compliance.

84. FHWA Federal Aid Essentials http://www.fhwa.dot.gov/federal-aidessentials/indexofvideos.cfm FHWA Civil Rights Program Requirements Disability Protections Foundations of the ADA Self-Evaluations Transition Plans Nondiscrimination of the Basis of Disability

85. Technical Assistance Will McClure (Civil Rights)FHWA California Division will.mcclure@dot.govwill.mcclure@dot.gov916-498-5036 Jeff Holm (Design Engineer)916-498-5021 Jeff.holm@dot.gov Candace GroudineHQ Office of Civil Rights Candace.Groudine@dot.govCandace.Groudine@dot.gov 202-366-4634 US Access Board http://www.access-board.gov

86. Questions?

87. “Let the shameful wall of exclusion finally come tumbling down.” President George H. W. Bush The Americans with Disabilities Act