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ADA Title II Action Guide for State and Local Governments

Develop a Transition Plan

Public entities with 50 or more employees were required to develop a transition plan by July 26, 1992. Structural modifications required to achieve program accessibility were to be completed by January 26, 1995. That is a long time ago. Many public entities are reassessing their facilities to determine if the original transition plan was followed and whether additional access improvements are needed.

Another reason to update or create a new transition plan is that we now have accessibility standards for recreation areas such as swimming pools, play areas, exercise equipment, team seating, locker rooms and accessible routes to sports fields – including baseball, soccer and football fields.

To assure program accessibility, these recreation activities need to be surveyed using the current (2010) ADA Standards. Developing a transition plan is an efficient way to assure program accessibility at these areas.

A transition plan includes:

  • A list of the physical barriers that limit the accessibility of programs, activities, or services.

  • The methods to remove the barriers and make the facilities accessible.

  • The schedule to get the work completed.

  • The name of the official responsible for the plan's implementation.

Many public entities include cost estimates and which budget the funds will come from as part of their plan.

Where a public entity has responsibility or authority over streets, roads, or walkways, its transition plan must include a schedule for providing curb ramps or other sloped areas where pedestrian walks cross curbs, giving priority to walkways serving entities covered by the ADA, including state and local government offices and facilities, transportation, places of public accommodation, and employers, followed by walkways serving other areas.

Title II Regulations 28 § 35.150

Existing facilities:

(d) Transition plan. (1) In the event that structural changes to facilities will be undertaken to achieve program accessibility, a public entity that employs 50 or more persons shall develop, within six months of January 26, 1992, a transition plan setting forth the steps necessary to complete such changes. A public entity shall provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the development of the transition plan by submitting comments. A copy of the transition plan shall be made available for public inspection. (2) If a public entity has responsibility or authority over streets, roads, or walkways, its transition plan shall include a schedule for providing curb ramps or other sloped areas where pedestrian walks cross curbs, giving priority to walkways serving entities covered by the Act, including State and local government offices and facilities, transportation, places of public accommodation, and employers, followed by walkways serving other areas. (3) The plan shall, at a minimum—(i) Identify physical obstacles in the public entity's facilities that limit the accessibility of its programs or activities to individuals with disabilities; (ii) Describe in detail the methods that will be used to make the facilities accessible; (iii) Specify the schedule for taking the steps necessary to achieve compliance with this section and, if the time period of the transition plan is longer than one year, identify steps that will be taken during each year of the transition period; and (iv) Indicate the official responsible for implementation of the plan.

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