BEHIND THE SCENES:
TRANSITION PLANS AND THE ADA
COORDINATOR
September 23, 2021
INTRODUCTION 1
Bryan Weinstein, P.E., AI/PE Director of ADA Compliance &
Accessibility Services
• 18 years of experience
• Certified ICC Accessibility
Inspector/Plans Examiner (AI/PE)
• Registered Professional Engineer
(P.E.)
INTRODUCTION 2
Ines Nizeye, AICP, AI/PE Project Manager
• 7 years of experience
• American Institute of Certified Planners (AICP)
• Certified ICC Accessibility
Inspector/Plans Examiner (AI/PE)
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Agenda
• What is the ADA?
• Role of the ADA Coordinator
• Grievance Procedure Basics
• Transition Plans
Learning Objectives
• Discuss three Transition Plan scenarios and the role of ADA Coordinators
• Understand the challenges and growth opportunities
• Application of problem-solving skills
• Acknowledge the unique position of the consultant working alongside an ADA Coordinator
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POLLING INSTRUCTIONS
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TINDALE OLIVER
• Established in 1989
• Planning & Engineering Firm
• Transportation
• Planning/Design
• Transit
• Public Finance
• Accessibility
• 100+ Staff in Florida and Maryland
• 7+ Dedicated ADA Technical Staff
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Who Are We?
• National ADA Compliance Expertise
• Federal, State, and Local Governments and Agencies
• Title II & Title III
• ADA Transition Plan Program Development and Project Execution
• Public Outreach & Education
• ADA Expert Witness & Complaint Mediation Services
• ADA Technical Training
National Presence
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Tindale Oliver at Work 1
• ADA Self-Evaluation and Transition Plans
• Accessibility Reports
• ADA Assessments
• Data Evaluation
Tindale Oliver at Work 2
• Bus Stop Assessments and Transition Plans
• Bus stop placement
• Paratransit
• Rail Station Assessments
• ADA oversight
• Construction assessments
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Tindale Oliver at Work 3
• Programs and Services Self- Evaluations
• Departmental survey
• Reasonable accommodations
• Website Accessibility
• WCAG 2.0
• Screen reader compatibility
• Document compliance
What is the ADA? 1
• The Americans with Disabilities Act (ADA) of 1990 is a civil rights law that prohibits discrimination based on disability.
• The ADA requires covered employers to make reasonable accommodations to employees with disabilities and impose accessibility requirements on public accommodations.
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ADA - §35.130(a) General Prohibitions
No qualified individual with a disability shall, on the basis of disability, be excluded from participation in
or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to
discrimination by any public entity.
What is the ADA? 2
Title I
Employment
Title II
Public Entities
Title III
Public Accommodations
Title IV
Telecommunications
Title V
Miscellaneous
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ADA – Basic Principles
• Equal Opportunity and Access
• To services, programs, and activities
• Opportunity for Input in planning
• Infrastructure Planning
• Transition Planning
To be an
effective ADA Coordinator …
• Must be well-versed in state or local government structure, activities, and employees
• Have knowledge of the ADA and other laws
• Have experience with people with a broad range of disabilities
• Be familiar with local disability advocacy groups
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Role of the ADA Coordinator
• Continually evolving
• Accommodation requests
• Grievance procedure
• Employees vs. general public
• The role is housed in various departments in local governments and transit agencies
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ADA Coordinator Role
Human Resources
Parks and
Recreation Public Works
What does an ADA Coordinator do?
• Increases access and opportunity for persons of all abilities
• Handles questions and concerns about disability discrimination
• Responsible for
investigating complaints
• Responds to requests for auxiliary aids for effective communication
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FDOT District 6
• Reviewed plans, permit, and grant applications to ensure that they met ADA
• Creating accessible communities as a public servant
• Ensuring that accessibility
needs are met
Maryland Department of Natural Resources
• Serving 1,250 permanent and 700 contract employees
• 75 parks, 60+ wildlife areas, and thousands of waterways
• Implementation of various reasonable accommodations
• Significant public involvement
Richard Allen
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28 CFR §35.107 Designation of Responsible Employee
(a) A public entity that employs 50 or more persons shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this part, including any investigation of any
complaint communicated to it alleging its noncompliance
28 CFR §35.107 Adoption of Grievance Procedure
(b) Complaint
procedure. A public entity that employs 50 or more persons shall adopt and publish grievance procedures providing for prompt and equitable resolution of
complaints alleging any action that would be prohibited by this part.
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Grievance Procedure 1
• Grievance procedures vary by municipality
• Can require review by different departments
• Consideration of reasonable
accommodations
Grievance Procedure 2
A grievance procedure should include:
• a description of how and where a complaint under Title II may be filed with the government entity;
• if a written complaint is required, a statement notifying
potential complainants that alternative means of filing will be available to people with disabilities who require such an alternative;
• a description of the time frames and processes to be followed by the complainant and the government entity;
• information on how to appeal an adverse decision; and a statement of how long complaint files will be retained.
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Grievance Procedure 3
• City of Rockville, MD
• ADA Coordinator is named as a contact person
• Notice of grievance procedure being established to
meet the requirements of the ADA and Section 504 of
the Rehabilitation Act of 1973
Grievance Procedure 4
• Charleston County, WV Parks and Program Services
• ADA Coordinator is named as a contact person
Submit form online or via mail within 60
days of alleged discrimination
Investigation is conducted by the ADA Coordinator
Written decision is prepared and
forwarded to complainant
Optional appeal can be filed within
30 days
Designee should act upon the appeal within
60 days
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TRANSITION PLAN
SCENARIOS
What is a Transition Plan?
• A formal document outlining a municipality’s compliance with the ADA
• Living document that must be updated over time
• May include:
• Executive Summary
• Grievance Procedure
• Public Involvement
• Self-Evaluation
• Implementation Program
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Transition Plan Importance
• All local public agencies with 50 or more employees are required to have a Transition Plan under Title II of the ADA
• Serves as an indicator that a community is ready and committed to ensuring that people with disabilities have equal opportunities
• Transition Plan is created after conducting a self- evaluation that includes:
• A review of programs, activities, and services
• Facilities
• Public right-of-way
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Manatee County, FL 1
• The project started in November 2019.
• 60 facilities, 5,500 curb ramps, 61 parks, and 660 miles of sidewalks broken into five major parts.
• Multi-phased work plan developed to accommodate County budget.
Scenario 1: Changes to project
Manatee County, FL 2
• New community task force called Manatee Task Force for People with Impairments (MTPI)
• Variety of stakeholders
• Five subgroups
• Continued and improved
communication with coordinators across the state and ADA Southeast
“As the ADA coordinator, it seems as though I can never wear enough hats to accomplish those elements of the
County’s ADA transition plan.”
Carmine DeMilio39
City of Boise, ID
• The project started in February 2020, with field assessment scheduled for March.
• COVID-19 related Stay-At-Home orders took place between March 1-31st.
• Opportunities for growth:
• Relationship building happened mostly through virtual meetings and phone calls
• Adjusting project schedule due to the
City of Boise, ID – ADA Coordinator 1
“Last fall, a gentleman’s power wheelchair met an abrupt edge of a crosswalk and he tipped over in the street. Thankfully, a bicycle police officer was at the other end of the crossing and was able to stop traffic.
Unfortunately, his wheelchair broke… I met him on that exact crossing to understand what happened. He was understandably furious and upset, but this also made me nervous for our meeting. After careful and intentional listening, he felt heard and the whole situation
deescalated.The crossway/roadway was not in my purview, however, after relaying the issue to the appropriate entity, they quickly remedied the abrupt edge. It was so great to have quick action from a partner entity and be genuinely appreciated by the community member!”
– City of Boise ADA Coordinator
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Montgomery College
• Three campuses consisting of classroom buildings and sport facilities
• Documentation and policy review
• Adjustments to public participation that included the student body
Scenario 4: Long distance
Challenges
Access to Information Stakeholder Involvement Coordination
Education
COVID-19
Public Participation
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Poll 7
Challenges 1
• Access to Information
• Data management systems
• Organizational development
• Availability of information
• Stakeholder Involvement
• Departmental understanding
• Key personnel support
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Challenges 2
• Coordination
• Departmental communication
• Education
• Importance of training
• Citizen education vs.
employee education
Challenges 3
• COVID-19
• Implementation schedule
• Communication procedures
• Facility restrictions
• Public involvement
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Challenges 4
• Public Participation
• Marketing
• Attendance
• Continual public involvement throughout the ADA
Transition Plan process
City of Boise, ID – ADA Coordinator 2
“Our city is vast in recreation and community experiences, and a core group of folks feel very passionately about the town they have lived in for so many years. We are very thankful for their dedication as they offer crucial insight and constantly donate their time to help us in our access journey.”
– City of Boise ADA Coordinator
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FDOT District 6 – ADA Coordinator
• “There is a legal group in Miami Dade County that drives around to find ADA compliant issues on the State roads, and we are grateful to hear their
deficiencies… We are happy to hear
any needs that the community may
have.”
Growth Opportunities
• New technologies
• Crowdsourcing
• Data visualization
• FTP sites and data sharing
• Education
• Increased webinars through the ADA National Network
• Greater understanding of the ADA Standards
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Problem Solving Skills 1
Communication Flexibility
Innovation
• ADA Coordinators ARE problem solvers
• Reasonable
Problem Solving Skills 2
Communication
• Virtual Meetings
• Monthly (or bi-monthly)
progress meetings and reports
• Client participation in ADA assessments
• Community awareness
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Community Communication
“We have been working to be better about “Nothing About Us Without Us,” and have incorporated more community engagement opportunities. So far this has included a robust community survey and building a cross disability workgroup to review our facility assessments done by the Tindale Oliver team. It has been a great learning experience for city staff!”
–
City of Boise ADA Coordinator
Problem Solving Skills 3
Flexibility
• Changes in project schedule
• Quickly adjusting the scope to client needs
• Working alongside ADA Coordinators to adjust quickly to request from governing body
• Reasonable accommodations
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Reasonable Accommodation (COVID)
“During the earlier years of My MD DNR journey, the ADA/504/state of Maryland complaints held steady.
However, during last year’s pandemic, our reasonable
accommodation requests became more difficult (in
my opinion) while Teleworking and helping our
employees communicate their needs, more
Problem Solving Skills 4
Innovation
• Data collection and database management
• Seamless integration with existing client work program
• File geodatabase and data analysis
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Innovative Solution
• “We got very creative with dealing with drainage structures and mid- block crossings… We also had to get creative with bulbouts and to extend sidewalks.”
- Tindale Oliver Senior Project
Problem Solving Skills 5
Resilience
• Changing communication and assessment methods to fit current conditions
• Navigating project uncertainty
• Generating more efficient procedures to quickly assess facilities and review data
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Problem Solving Skills 6
Initiative
• Regularly contacting clients and discussing Transition Plan progress
• Creating and nurturing
efficient working
Consultant Perspective
• Knowledgeable ADA
Coordinators are assets to the ADA Transition Plan process
• Offer insights to the needs of the community
• Be an intermediary between consultant and municipal staff
• Be a champion for the ADA Transition Plan process!
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Lessons Learned
• Communication is key during unforeseen circumstances
• Public involvement creates heightened interest in the planning process
• ADA Coordinators can truly impact the community and the ADA Transition Plan
• Can create a more inviting and accessible community
Insight from an ADA Expert
“The drafters of the ADA modeled the ADA coordinator position after the 504 Coordinator that had been required under
the Rehabilitation Act. In the early stages of the ADA, ADA Coordinator duties were usually assigned to existing Civil Rights Officers/HR
managers at many organizations to effectively provide adherence to the ADA mandate. As time passed and the level of importance and demand placed on agencies and entities increased, the ADA Coordinator role has risen in organizational and community importance. An ADA Coordinator today is considered an experienced and well-trained advocate for people with disabilities and provides a face for the agency to resolve issues and conflicts.”
- Don Kloehn, AI/PE, Tindale Oliver Senior ADA Advisor
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Your Work Matters!
• “Being the ADA Coordinator for
the Department has been one of
the most rewarding jobs I have
ever had… To see things get
A Look Forward
“I see it expanding! We will likely be doing facility fixes for the next 10 years, but I see this role expanding into a broader conversation above compliance and
connecting businesses and construction companies to this work.”
– City of Boise ADA Coordinator
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Special Thanks
• Ciera Garechana, City of Boise ADA Coordinator
• Carmine DeMilio, Manatee County Parks and Grounds Manager and ADA Coordinator
• Paola Baez, Tindale Oliver Senior Project Manager
• Richard Allen, Director of Equal Opportunity & ADA Coordinator, Department of Natural Resources
• Don Kloehn, Tindale Oliver Senior ADA Advisor
Questions?
Bryan N. Weinstein, PE, AI/PE
[email protected] (443) 438-5392
Ines Nizeye, AICP, AI/PE [email protected]
(443) 438-5392
Amanda Harig, AI/PE
[email protected] (813) 224-8862
Thank you!
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