ADA Compliance Process by Evan Terry Associates

Title II Public Entity Facilities Compliance Timetable

7-26-1990        Signing of the Americans with Disabilities Act of 1990 by President George Bush.

2-28-1991        Draft Regulations issued by the Department of Justice for implementing Title II.

4-29-1991        Final comments on draft regulations due at DOJ.

7-26-1991        Final regulations for implementing Title II published by the Department of Justice.

1-26-1992        Effective Date of Title II.

1.) Ensure that the operation of each service, program and activity is operating so that each, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities. (35.150(a))

Even though the following required procedures will not shield a public entity from a discrimination complaint, they are mandatory if programs are not readily accessible to and usable by people with disabilities:

A. Begin self-evaluation process for those areas of services, policies and practices not previously evaluated (and on file) for section 504 of the Rehabilitation Act of 1973. (35.105)

B. Begin transition plan outlining structural changes required for program accessibility and proceed with structural changes, as required, to facilities "as expeditiously as possible". (35.150(c))

2.) New construction advertised for bid after this date must be readily accessible. (35.151(a))

3.) The altered portions of alterations advertised for bid after this date must, to the maximum extent feasible, meet the "readily accessible to and usable by individuals with disabilities" standard set by the Uniform Federal Accessibility Standard or, at the public entity's option, the ADAAG. (35.151(b)).

4.) Date a complaint or civil law suit may be filed by an individual based on ADA discrimination by a public entity.

7-26-1992        Transition plan complete where structural changes to facilities will be undertaken to provide program access. Transition plan must identify obstacles, describe in detail the methods that will be used to make facilities accessible, specify the schedule for taking the steps identified and indicate the official responsible for implementation of the plan. (35.150(d))

1-26-1993        Self-evaluation complete. (35.150(a))

1-26-1995        Completion of last structural changes to facilities where such changes were undertaken for program accessibility. (35.150(c))

This is not legal advice. A competent lawyer should be consulted regarding any specific legal questions. Information presented above was taken from DOJ Regulation (28 CFR Part 35) on Title II of ADA.