MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
ADA/SECTION 504 TRANSITION PLAN
SCOPE OF WORK
Introduction
The Americans with Disabilities Act (ADA), enacted on July 26, 1990,
provides comprehensive civil rights protections to persons with disabilities
in the areas of employment, state and local government services, access to
public accommodations, transportation, and telecommunications. The ADA
is companion civil rights legislation to the Civil Rights Act of 1964 and
Section 504 of the Rehabilitation Act of 1973. This plan is also developed
in conjunction with the requirements of Title VI of the Civil Rights Act of
1964, based on the development of the ADA to incorporate by reference
the remedies, procedures, and rights that exist under Title VI. With respect
to public entities, the ADA mandates that qualified disabled individuals shall
not be excluded from participation in, denied the benefit of, or be subjected
to discrimination under any program or activity. The Act also provides
disabled employees with certain protections and requires employers to
make reasonable accommodation for disabled applicants and employees.
The ADA is divided into five parts, covering the following areas:
Title I: EMPLOYMENT
Under this title, employers, including governmental agencies, such as the
Massachusetts Department of Transportation (MASSDOT), must ensure
that their practices do not discriminate against persons with disabilities in
the application, hiring, advancement, training, compensation, or discharge
of an employee, or in other terms and conditions of employment.
Title II: PUBLIC SERVICES
This title prohibits state and local governments from discriminating against
persons with disabilities or from excluding participation in denying benefits
or programs, services, or activities to persons with disabilities. It is under
Title II that a “Self-Evaluation” is prepared. The Self-Evaluation is intended
to outline programs, services, and the transportation-related facilities of
MASSDOT, and to evaluate what policies, procedures, or structural
changes must be revised or implemented to affect the non-discrimination
policies contained in Title II. The Self-Evaluation is also the precursor to the
“Transition Plan (the Plan).”
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Title III: PUBLIC ACCOMMODATIONS
Title III requires places of public accommodation to be accessible to and
usable by persons with disabilities. The term “public accommodation” as
used in the definition is often misinterpreted as only applying to public
agencies, but the intent of the term is to refer to any privately funded
and operated facility serving the public. Several examples of MASSDOT
facilities which must provide public accommodation in accordance with
ADA, regardless of funding source include but are not limited to the
Registry of Motor Vehicles sites on the Massachusetts Turnpike, rest
areas, public information centers, Park and Ride facilities, maintenance
facilities (if applicable) and administrative buildings.
Title IV: TELECOMMUNICATIONS
This title covers regulations regarding private telephone companies, and
requires common carriers offering telephone services to the public to
increase the availability of interstate and intrastate telecommunication relay
services to individuals with hearing and speech impairments.
Title V: MISCELLANEOUS PROVISIONS
Title V contains several miscellaneous regulations, including construction
standards and practices, provisions for attorney fees, and technical
assistance provisions.
The Department of Justice’s [DOJ] regulations implementing Title II of the
ADA dictate that a public entity must evaluate its services, programs,
policies, and practices to determine whether they are in compliance with
the nondiscrimination requirements of ADA. The DOJ regulations were
issued in July, 1991. These DOJ regulations mandate that each public
entity is required to examine activities and services and identify problems
that may limit accessibility for persons with disabilities. The entity must
then proceed to make the necessary changes resulting from the SelfEvaluation. The DOJ regulations implementing Title II of the ADA further
require that a Transition Plan be prepared to describe any structural or
physical changes required to make programs accessible. The MASSDOT
Transition Plan will be a companion to the MASSDOT Self-Evaluation Plan;
however it will be prepared in a separate document.
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CONSIDERATIONS ON ADA/SECTION 504 TRANSITION PLAN AND
THE RULES AND REGULATIONS OF THE MASSACHUSETTS
ARCHITECTURAL ACCESS BOARD
The Architectural Access Board (AAB) is a regulatory agency within the
Massachusetts Office of Public Safety. Its legislative mandate states that it
shall develop and enforce regulations designed to make public buildings
accessible to, functional for, and safe for use by persons with disabilities.
To carry out the board's mandate, the "Rules and Regulations", which
appear in the code of Massachusetts Regulations as 521 CMR 1.00, have
been developed and amended. These regulations are incorporated in the
Massachusetts building code as a "specialized code", making them
enforceable by all local and state building inspectors, as well as by the
Board itself.
In reviewing and addressing the removal of physical barriers or the revision
of policies and procedures, it will be done in compliance with the applicable
ADA and Section 504 guidance that is in effect, such as 49 C.F. R. Part 27
with respect to Section 504, and with the provisions of 521 CMR, the
Accessibility regulations of the state of Massachusetts, applying the more
stringent of the two.
Section 504 Considerations
The Section 504 regulation at 49 CFR §27.11 and the ADA Title II
Regulations at 28 CFR §35.150(d), provide that recipients with 15 or more
employees and any public entity with 50 or more employees complete a
Self-Evaluation and Transition Plan
The Massachusetts Department of Transportation’s Highway Division
(hereinafter “MassDOT”), receives federal financial assistance from the
United States Department of Transportation’s Federal Highway
Administration (hereinafter “FHWA”). As a condition on receiving this
money, MassDOT’s Secretary/CEO makes certain assurances, or
promises to comply with the federal laws and regulations applicable to
private, state and local government entities that accept federal financial
assistance, including those pertaining to civil rights. For MassDOT, this
obligation requires that the agency have in place and implement an
Affirmative Action Plan, a Disadvantaged Business Enterprise Program, a
Title VI/Nondiscrimination program, and an Americans with Disabilities
Act/Section 504 Transition Plan. MassDOT also receives federal financial
assistance from the United States Department of Transportation’s Federal
Transit Administration (MassDOT Rail and Transit Division, including the
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MBTA), Federal Aviation Administration (MassDOT Aeronautics Division),
and National Highway Traffic Safety Administration (Registry Division). As
part of MassDOT, these Divisions are also required to have ADA Transition
Plans in place, and this Transition Plan is intended to incorporate those
divisions as part of the overall initiative as part of the effort to respond to
FHWA’s primary interest in this Plan and its implementation.
SCOPE OF WORK (SCOPE)
The MASSDOT ADA Transition Plan Scope of Work (SCOPE) is designed
to make findings that will identify and examine structural and physical
barriers, designs, specifications, regulations and standards, programs,
practices, policies and procedures, activities and services, including
communication barriers that limit full participation to persons with
disabilities. Consultation with the Massachusetts Office on Disabilities and
similar-minded organizations will take place during this examination. This
Scope is subject to periodic revision and updating as the Transition Plan
Working Group conducts its work, as a result of applicable changes to law,
policy and/or practice that may necessitate a particular modification.
The MassDOT ADA/Section 504 Transition Plan will evolve through a focus
on those shared services that impact all MassDOT divisions, as well as
highway related assets, programs, policies and activities linked to funding
from the FHWA. Where there are intersections with the other MassDOT
Divisions, such as a Registry facility being hosted at a Highway facility, the
ADA/Section 504 Transition Plan will evaluate the accessibility of that use.
MassDOT is also endeavoring to conduct a broader study of all MassDOT
owned facilities that provide programs, activities or services to the public.
The other Divisions will incorporate their current plans for accessibility and
work with the MassDOT Civil Rights unit to self-evaluate their operations
and structure plans to address identified accessibility deficiencies.
The MassDOT ADA/Section 504 Transition Plan will also address
accessibility as directed by the appropriate Federal oversight agency and
pursuant to Commonwealth Executive Order 526 and Administration and
Finance’s Administrative Bulletin 19, which establish a policy of nondiscrimination and equal opportunity in the delivery of state programs,
services and activities, and a policy and program format for Commonwealth
agencies to meet ADA objectives, respectively.
A.
The SCOPE will include the following elements:
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1. A self-evaluation of the agency’s policies and practices with respect
to its programs, services, and activities to determine the existence of
any physical or communication barriers that limit full participation of
persons with disabilities. Samplings of the policies, procedures and
operating practices to be examined include, but are not limited to the
following:
• MASSDOT’s Statement of Non-Discrimination (28 CFR 35.106
& 49 CFR 27.11) and method of public dissemination
• MASSDOT’s ADA Grievance & Complaint Procedures and
method of public dissemination
• Review of MASSDOT’s policies and procedures for the use
and application of accessible pedestrian signals and other
accessibility issues for which there was no technical or legal
standard in place to ensure compliance with 28 CFR 35.149,
using PROWAG as best practice guidance.
• A review of communication access afforded under MASSDOT
programs, services, and activities providing a public benefit,
including the extent to which auxiliary aids are provided by
MASSDOT and a procedure for handling individual requests for
such devices (28 CFR 35, Subpart E – Communications).
• A review of how communications access is provided to persons
with impaired speech and hearing. Are TTY/TDD’s provided at
facilities and how are Massachusetts Relay or other access
numbers publicized by the agency?
• Public Hearing and Public Information Meeting Procedures,
specifically provisions therein to ensure physical and
communications access to persons who are mobility, hearing,
or speech impaired.
• Project Development and Design Guide
• Bridge Manual
• Standard Specifications for Highways and Bridges
• Construction Standard Details
• Maintenance Snow Removal Policy
• Relocation Assistance Policy
2. MassDOT will create a corrective action plan to modify or implement
policies and practices as identified in the self-evaluation.
3. MassDOT will conduct a survey of agency owned, operated, or
maintained facilities, other than curb ramps, to determine if physical
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barriers exist that deny full access to any program, service, or activity
housed within a facility.
4. MassDOT will establish a Curb Ramp Schedule: This component of
the plan includes an inventory and survey of all agency owned,
operated, or maintained curb ramps or locations within the state
public right-of-way (PROW) where pedestrian paths cross public
roads. A Traffic Signal Schedule will also be included in this item.
GIS technology will be utilized in the development of both schedules.
5. MassDOT will develop a schedule and budget for making access
modifications/alterations for items 3 & 4 above over a multi-year plan.
6. MassDOT will establish a Public Participation Plan that affords
interested persons and organizations an opportunity to participate in
the development of the plan by submitting comments, including
participation in the self-evaluation in item 1.
7. MassDOT will describe the specific standards/checklists to be used to
determine technical compliance with regard to the inventory/survey of
sidewalks and facilities.
8. MassDOT will describe the approach and method(s) to be used in
making all facilities and curb ramps accessible; the approach and
methods will be described for each year of the plan’s implementation.
9. The transition plan will indicate the agency/public official responsible
for implementation of the plan; the assigned official must have
sufficient authority to direct resources and activities necessary to
carry out the plan.
10.
MassDOT will designate an ADA/504 Coordinator who is
responsible for coordinating all agency efforts to comply with the
Regulations; this person is also responsible for handling ADA/504
complaints.
11.
MassDOT will establish grievance procedures and disseminate
public notice(s) that conform to ADA/504 requirements (See 49 CFR
27.13 & 27.15; also see
http://www.ada.gov/pcatoolkit/chap2toolkit.htm.
12.
MassDOT will develop a plan to track scheduling, construction,
and inspection/completion of all alterations to be made throughout the
implementation of the transition plan.
13.
MassDOT will develop a monitoring and status reporting plan; a
copy of the original plan and any updates will be made available for
public inspection for three years following the completion of the selfevaluation.
B.
The removal of the barriers identified through the self-evaluation
process will be prioritized into two established ADA categories,
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Priority 1 and Priority 2, and a schedule along with a budget for
making modifications will be established for each category. Priority
#1 items will identify those barriers whose removal is essential to
providing access to specific elements under the jurisdiction of
MASSDOT (i.e. curb ramps, parking stalls, etc.), to access programs
not otherwise accessible by modification of programs and practices.
Those programs and services, located in buildings and facilities, and
identified as requiring architectural modifications to provide access to
qualified persons with disabilities, will be included in the Priority #1
listing along with a timeline for completion.
Within the listing of the two priority levels, this plan will incorporate a
series of the subcategories, as needed, to ensure the greatest
definition on the most critical needs, and to facilitate the coordination
of work on multiple priority areas concurrently, as feasible. For
example, within the Priority 1 focus on barriers, this scope will apply a
format that will rank based on variables (Situation) that include
location, degree of utilization and degree of non compliance. The
strategy for these priorities will be developed in connection with what
the data leads us to understand in terms of the remediation needed.
Priority #2 items will identify all other architectural barriers whose
removal will be completed as planned alterations are made to a
specific building or facility with a forecast date. It is anticipated that
Priority #2 items will be addressed as part of the Transportation
Improvement Program (TIP) and/or with state bond resources (nonfederal resources). Additionally, an estimated schedule and budget
will also be provided for Priority #2 items. Under Priority #2 items, the
same sub-categorization approach referenced under Priority 1 items
would be incorporated as well, as warranted by the nature of the
barriers identified.
C.
The Plan will contain a narrative of the key elements pertaining to its
development including the names of key MASSDOT personnel and
their responsibilities/roles (including the designation of the MASSDOT
ADA/504 Coordinator, who will be responsible for coordinating efforts
to comply with federal ADA/504 regulations, including the
investigation / processing of complaints). Also included in this
narrative will be a summary (by category) of all facilities that were
inspected and the results of said inspections.
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D.
In addition to the aforementioned, MASSDOT will establish a policy to
address ADA conformity for projects designed by or at the expense of
MASSDOT, constructed by or through MASSDOT, and owned or
accepted for ownership by MASSDOT.
E.
As a result of the Transition Plan, it is anticipated that training will be
provided for both design and field personnel regarding ADA policies
and procedures as related to their respective functions.
F.
During the effective implementation of this plan and the requirements
under Title II of the ADA/Section 504, the MASSDOT Transition Plan
Manager will prepare and submit quarterly reports to the FHWA
Massachusetts-Division Office, with an email copy to David Chandler,
FHWA Civil Rights Specialist. The first report shall be submitted on
April 1, 2011. Each report will contain commentary concerning
MASSDOT’s progress toward implementing all tasks, specified and
implied, to effectuate this plan and the general ADA/504
requirements.
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