• Patrick Gomez, FHWA Resource Center• Candace Groudine, FHWA HCR

At the end of this session you should be able to:

• List the six basic requirements of Title II entities

• Show how to move forward with a self-evaluation and transition plan on a limited budget and with limited personnel

• Give a step-by-step analysis of how to develop a transition plan, or update an existing plan with limited information and resources

Basic Requirements:• Must ensure that individuals with disabilities are not

excluded from programs, services, and activities (pedestrian facilities are an example of a program)

Basic Requirements:• Designate an ADA Coordinator • Development & postings of an ADA Policy Statement• Development & postings of Grievance

Procedures/Complaint Procedures• Complete a self-evaluation • Development of a Transition Plan

• Identify/list physical obstacles and their location • Describe in detail the methods the entity will use to

make the facilities accessible• Provide a schedule for making the access

modifications• Provide a yearly schedule if the transition plan is

more than one year long• Name/position of the official who is responsible for

implementing the Transition Plan

THE FHWA EXPERIENCE

FHWA New York Division

NYSDOT’s internal attempts to create a Transition Plan were focused only on government and other buildings ◦ Plan was not formally published◦ It contained a rough, incomprehensive

inventory

Obstacles:◦ In 2013, little to no guidance from FHWA

existed yet ◦ There were not many Transition Plans

from other states to use as examples/templates◦ Creating a Transition Plan is a large,

complex task

Making it manageable:◦ Transition Plan only focused on sidewalk conditions and

curb ramps◦ Use of interns made the process more efficient and cost

effectiveCollaboration:

◦ FHWA NY Division CR Program Manager; RC ADA Technical Expert; & NYSDOT CR Office, Planning Department, & GIS expert

Public Involvement: ◦ Program Self-Assessment of how NYSDOT conducts

business was made available on their website and was mailed to 500 advocacy organizations for persons with disabilities asking for input

THE NYSDOT EXPERIENCE

An inventory of ADA assets, locations, condition, contact Information

An inventory of deficiencies to be made accessible• Defined as ratings of 2 and 3

Prioritization of locations to be modified• Locations of places of public accommodations (shops)• All other areas (residential)

Identify type of modification (such as curb ramps) Specify public involvement efforts:• Groups, organizations, individuals contacted• Methods of public involvement (meetings, surveys)• Address comments received • Make the document available for public inspection (place on

website)

Did not include: The local system, Rest areas, Multi-use trails, Park-n-Ride lots, Buildings, Transit stops or shelters, Any asset owned and operated by others

However, the above assets are currently being addressed in newer revisions of the TP

What would be the best way to conduct a self-evaluation given limited resources?

◦ Call for interns from area State University, GIS experience required◦ Paid interns: $10--$18/hour; ◦ Interns received academic credit as well; ◦ Trained the interns: mission of NYSDOT, use of

video equipment; process for conducting the inventory—what to look for, how to rate the conditions observed, etc.

6/15/2016

•  Rating 1 – Not Applicable: A facility not considered to require accessibility, for example limited access highways. 

•  Rating 2 – Not Accessible: Significant discontinuity such as steps, no ramps, more than 100 feet of unpaved walkway, heaving, vertical displacement, other severe distress, flooding. 

•  Rating 3 – Partially Accessible: Not designed to current standards, problems with geometry of sidewalks, ramps and landings, no detectable warnings, handrails, etc. 

•  Rating 4 – Accessible: May need additional improvements, for example circuitous routes, insufficient width, etc.  

•  Rating 5 – Fully Accessible: Designed to current standards, reasonable accommodations may still be required for individual cases.

Provided data to each region to verify inventory was correct

ADA Inventory revised and became the official database provided inventory and compliance report to each region, miles of sidewalks, curb ramps, percentage compliant, comments.

Provided regions with a list of deficient areas by location that needed to be addressed

Commissioner directed all regions to address the primary goal of ADA compliance by 2019 (2027 extension)

Commissioner directed all regions to provide an estimated cost of compliance and a schedule

6/15/2016

11 SUNY student interns using video for 6 months at a cost of $150k

Data used – Visidata 2007; 2004-2007 aerial imagery Total NYSDOT Sidewalk Mileage = 2, 885 (1,918) Total NYSDOT Curb Ramps 44,000 (33,000) Total deficiencies Statewide◦ Sidewalks = 370 miles◦ Curb Ramps = 5,900◦ Crosswalks = 9 miles

Total in Compliance 81% Cost for ADA compliance (correct deficiencies)◦ $250M over 10 years

“Unmet Needs” Ratings of 4 deteriorate to a rating of 3 or less◦ Assume 30% will be deficient /10 years◦ 1,230 miles sidewalks, 60 miles of crosswalks, 23,290

ramps…cost ~ $280M

A “Win-Win-Win” Outcome

Interns - Paid internships, academic credits, work experience, practical GIS experience;

University – build relationships, future collaboration, recruitment, etc.

NYSDOT: low cost resources, seasonal needs, LESS THAN $200,000!

(vs. estimated cost of approx. $1 million for each region with consultants!)

6/15/2016

STEP 1: Designating an ADA Coordinator

◦ Easier for public to obtain help

◦ Provides a single source of information

◦ This individual can focus on compliance-related issues and plans and move them forward.

STEP 2: Providing Notice About the ADA Requirements

Not a one-time requirement; continuing responsibility Don’t forget about public transit users and advocacy

groups Determine the most effective way to provide notice

(the website is not the whole answer!) Comment forms at meetings, transcriptions of public

hearings; a dedicated hotline; an email address; postal address.

Step 3: Establish a Grievance Procedure

Requirement to adopt and publish such procedures

Complaints typically directed to State’s OCR

Exhaustion of a State’s grievance procedure is not a prerequisite to filing a complaint with either a federal agency or a court.

Consult USDOJ’s ADA website for more information.

Step 4: Development of Internal Standards, Specifications, and Design Details

U.S. Access Board’s guidelines for pedestrian facilities in the PROW: “best practices” (www.access-board.gov/prowac)

State’s adoption of the Board’s guidelines to meet local conditions.

Ensuring consistency in application of ADA requirements.

Step 5: The ADA Transition Plan – Self Evaluation Plan

Inventory Approaches: Includes on-ground surveys, windshield surveys, aerial photo studies, GIS mapping

Periodic reviews and updates.

Presentation of inventory information.

Jurisdictional issues need to be resolved.

Step 6: Schedule and Budget for Improvements

Funding Sources: More than you think

Prioritization of Improvements. Transportation facilities Public places Places of employment Other Factors: individual requests/complaints re.

inaccessible locations; pedestrian level of service; population density; presence of disabled population;cost.

Step 7: Monitoring the Progress

A “living” document: used in planning of projects and funding decisions; updated regularly.

Periodically reviewed for compliance and validity.

Regular updates: results in monitoring compliance and effectiveness of priorities noted in the plan.

Conclusion to the Process: IS there a “conclusion?”

More like a set of ongoing responsibilities.

Much less costly in the long run.

QUESTIONS?