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ADA & Section 504 Compliance: Access for All

Learn about the Americans with Disabilities Act and Section 504 requirements, responsibilities, and best practices for ensuring accessibility. Get guidance, technical assistance, and training materials from INDOT.

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ADA & Section 504 Compliance: Access for All

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  1. Overview Accessibility Requirements Presented by: Erin L. Hall, Attorney & Title VI & ADA Program Manager INDOT Legal Division (317) 234-6142 accessforall@Indot.in.gov

  2. Americans with Disabilities Act • Applies to all public entities • Requires provision of program access and effective communication • Includes public transportation • Enforced by U.S. Dept. of Justice

  3. Section 504 of the Rehabilitation Act of 1973: “No qualified handicapped person shall, solely, by reason of his handicap, be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any program or activities that receives or benefits from Federal financial assistance.”

  4. Responsibilities: INDOT, LPA/MPO Accessibility Requirements: Designate an ADA Coordinator Develop and post an Accessibility & Nondiscrimination Policy Complete a self-evaluation of all public facilities & programs as applicable Develop a transition plan, if applicable (recipient type/size) Design & build accessible facilities & programs Have a complaint policy Develop a process for public input / requests Review & monitor compliance internally & of subrecipients

  5. More about Transition Plans • Keep the plan simple. • Do include your inventory and prioritization schedule with the plan – with a commitment (&, Time or both) • It is not acceptable to have all of the plan components but not have them all pulled together in one place to form an ADA Transition Plan. • It should also be a living document, updated on an ongoing basis as work is completed.

  6. ADA Best Practices • ADA Coordinator should be close to the design / construction & facilities process but able to address policy issues as well. • Update the inventory regularly – develop business practices and workflows to ensure this happens. • Obtain regular public input – consider an advisory board. • Keep INDOT informed, especially contact information.

  7. Consequences of Noncompliance • Withholding of payments on the contract until the sub recipient complies, and • Cancellation, termination or suspension of the contract in whole or in part, or • Other authorized action including provisions under state and local law (e.g. referral to INDOT Prequalification Committee or the U.S. Department of Justice) http://www.in.gov/indot/3591.htm

  8. Technical Assistance INDOT has a redesigned website: • Subrecipient Technical Assistance Tool • Templates & Training Materials • Law & Policy • Training Opportunities – 2017 Summit May 25 & 26 in Indianapolis • Regional Meetings *NEW* for 2017 • Virtual Office Hours http://www.in.gov/indot/3591.htm

  9. Technical Assistance: ADA / Title VI Coordinator’s Association INDOT LPA Division: http://www.in.gov/indot/2390.htm • Community Crossings Matching Grants • Common Paths Sidewalks Program • Notice of Funding Opportunity (NOFA) Page • Stellar Communities For more information: LPAQuestions@indot.in.gov

  10. We are here to help! Erin L. Hall Attorney, INDOT Title VI & ADA Program Manager (317) 234-6142 Ehall2@indot.in.gov Kimberly Radcliff Subrecipient Compliance Manager (317) 232-0924 kradcliff@indot.in.gov

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