Do the revised ADA Regulations that went into effect on March 15, 2011 require the city or state government to create or update a self-evaluation and transition plan?

The revised ADA Title II regulations do not require state or local government entities to do a new or updated self-evaluation or transition plan.  However, the Department of Justice urges state or local governments to establish procedures for an ongoing assessment of their compliance with the ADA's obligation to ensure all programs are readily accessible to and usable by people with disabilities (http://www.ada.gov/pcatoolkit/toolkitmain.htm ).  Regularly updating the self-evaluations and transition plans can help government entities monitor their compliance and stay on track with making changes to improve accessibility.

If a state and local government entity has not yet conducted a self-evaluation, it is recommended that they do so to identify any barriers to its programs, activities and services. A self-evaluation helps government entities identify areas of non-compliance and develop specific strategies to bring all policies and practices into compliance. Areas include but are not limited to:

  • structural changes needed to provide access to programs, activities and services;
  • policy modifications to ensure nondiscrimination; and
  • providing public notice that includes (i) explanation of the application of the ADA to the state and local governments programs, activities, and services; (ii) contact information for the employee who is designated to address ADA compliance issues; and (iii) information on the grievance procedure.

The self-evaluation plan should identify strategies to remove barriers, prioritize strategies, and provide a timeline for implementation. As new programs, activities and services are developed, it is important to review facilities to ensure compliance with the 2010 ADA Standards.