MassDOT ADA/Section 504 Transition Plan
Public Participation Plan
Introduction
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 MBTA), Federal
Aviation Administration (MassDOT Aeronautics Division), and
National Highway Traffic Safety Administration (Registry Division).
As part of MassDOT, and as state governmental agencies, these
Divisions are also required to have ADA Transition Plans in place.
The MassDOT ADA/Section 504 Transition Plan is developing
through an initial focus on 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 selfevaluate 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 non-discrimination 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.
Plan Abstract
For MassDOT’s to effectively bring an ADA/Section 504 Transition
Plan to life, it must include consideration and input from those
individuals and groups most significantly impacted by the agency’s
obligation to provide access across the Department’s policies,
programs and activities. This public participation plan is proposed as
a starting point to meet this obligation and not an end in itself. The
plan therefore outlines an approach that will strategically seek to
provide an opportunity for review and comment on MassDOT’s
ADA/Section 504 Transition Plan.
The Transition Plan will be shared for comment with individuals,
groups and other stakeholders, in draft and as the Plan is being
implemented, with modifications to be made as other considerations
are identified that should be included. The target audiences will
include people with disabilities for whom barriers may be posed by
curbs, sidewalks, physical structures, programs, policies and/or
procedures under the authority of MassDOT. We will ensure that we
seek out a diversity of opinion in this community from among racial
and ethnic groups, senior citizens, and parents of small children with
disabilities.
This plan contemplates reliance on an Advisory Committee, a series
of larger public meetings inviting members of the community at large,
and a multi-media approach that will be designed to provide a
reasonable ability for review and comment on the Transition Plan,
and its component parts. The objective is for the plan to be
completed internally and shared for comment in February, with work
on implementation to begin October and November 2012, primarily
through web presence, small meetings and e-mail distribution of
notice on the existence of the website and opportunity to comment on
policy drafts. It is planned that the Advisory Committee will begin to
meet and work on discussions that will include planning for public
forums in March 2013, concurrent with the posting of a draft
ADA/Section 504 Transition Plan for MassDOT.
A.
Key Considerations
MassDOT’s ADA/Section 504 Transition Plan follows the
requirements of Title II of the Americans with Disabilities Act of 1990,
and regulations codified within 28 C.F.R. Part 35, as well as the
federal Rehabilitation Act of 1973 and the Commonwealth of
Massachusetts’ Architectural Access law. MassDOT took these laws
into account in formulating a Scope of Work for this Transition Plan
effort. The Scope of Work was approved by the Federal Highway
Administration in December 2010 and an ADA/Section 504 Transition
Plan Working Group was formed in January 2011. Given that many
facets of the work will evolve in the months ahead, including with
respect to the other MassDOT divisions, this scope is intended to be
a living document subject to modification.
Under the Americans with Disabilities Act, as a state governmental
entity, MassDOT must provide an opportunity for people outside of
the agency, including people with disabilities, and other interested
individuals and organizations to review and comment on the
Transition Plan. This factor was shared with Working Group
members at the start of discussions, and made part of our key
operating documents.
The Working Group has convened monthly since February 2011 and
is undertaking a wide range of initiatives to support the inventory work
and public participation, outlined in this relevant portion of the ADA
Section 504 Scope of Work:
ADA/ Section 504 Scope of Work (excerpted and emphasis
added)
The SCOPE will include the following elements:
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 is no technical
or legal standard that would be necessary to ensure
compliance with 28 CFR 35.149.
• 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.
• Public Hearing and Public Information Meeting
Procedures, specifically provisions therein to ensure
physical and communications access to persons who
have mobility, hearing, or speech impairments.
• 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 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 with regard to the analysis of the results of
the self-evaluation in item 1, above.
When the ADA/Section 504 Working Group began convening, one of
its first efforts was to establish a charter for the group to articulate a
group commitment to the overall objectives of the project. This
charter specifically references the objective to ensure public
participation, as spelled out in this excerpted portion of the document:
Charter of the MassDOT Americans with Disabilities Act/Section
504 Transition Plan Working Group (excerpted)
The MassDOT Americans with Disabilities Act Transition Plan
Working Group will use technical, policy and legal expertise, as well
as employee and stakeholder opinions, knowledge and experience to
assess, identify and improve access across MassDOT’s assets,
policies and procedures. This working group is envisioned as a
proactive and engaged committee that will…:
(e)nsure a process that respectfully takes into account the
concerns and participation of the public in developing and
implementing the ADA/Section 504 Transition Plan.
B.
Public Participation Plan Components
1.
Plan Objectives
a) Timely and recurrent notice on status and activities within
Transition Plan effort.
b) Dissemination of Plan outline, draft Plan and related documents
to provide opportunity for public review and comment on
relevant Plan documents.
c) Listening sessions across Commonwealth with concerned
individuals and groups, leading to regional meetings for public
comment
d) Accessible Website with capacity to receive comment on
Transition Plan.
e) Formation of advisory group representative of stakeholders.
f) Convening forum(s) on ADA Transition Plan related matters,
including other transportation modes, as needed.
2.
Communication Resources (all to be implemented within
Established accessibility guidelines):
a) Web site (described below)
b) Print/Mailings – ideally targeted to key groups among the
identified stakeholders to explain the initiative and provide
link to website, individual policies, meetings and similar
information
c) Radio/television – local access cable television in areas
interested in the ADA Transition Plan, particularly after the
plan is drafted
d) Individual and Small meetings –MassDOT’s Manager of
Federal Programs and/or Transition Plan Working Group
members will visit particular communities to meet with small
groups of individuals to discuss the ADA strategy and solicit
input. One on one would be with key individuals, such as
Directors of ILCs, Commissions on Disability and/or
municipal leaders.
e) Advisory Committee (described below)
f) Regional Meetings – structured forums with audiences that
are identified geographically, for presentation and discussion
on Transition Plan.
3.
Description of Key Public Participation Plan Elements
a)
Web site
MassDOT’s Civil Rights Division will have a prominent accessible site
on the Departmental website that will host the ADA/Section 504
Transition Plan, which will also be accessible from the Highway
Division’s website. The website will provide all relevant information
pertaining to the Plan, including a means for accessing documents
and submitting comments to draft policy statements, and other
resources. MassDOT’s IT Department is working to ensure that our
website is Section 508 compliant. The website will include the
features identified below and add other topics as the Transition Plan
is implemented and should the need arise:
- Policy Statement and Notice of Nondiscrimination
- Helpful Definitions
- ADA/Section 504 Transition Plan Outline (to be replaced
with the actual draft plan upon completion)
- ADA/Section 504 Transition Plan Draft policies - Public
Involvement and Invitation to Comment
- Recent ADA/Section 504 News and Information
- Getting Around In Your Community And State
- Important Contacts
- Seeking Accommodation or Filing Complaints
- Resources and Links
b)
Advisory Committee
MassDOT will establish an advisory committee comprised of leaders
in the community of people with disabilities, and include members of
other constituency groups. The purpose of this committee will be twofold: 1) to learn what MassDOT is doing to complete its Transition
Plan objective, and; 2) to provide input on the various policy shifts
undertaken as part of the Working Group’s efforts, including policies
on Accessible Pedestrian Signals, Accessible Public Meetings, Snow
and Ice removal, and other relevant policies. Ideally, the group will
be resource for good discussion, information sharing and insights that
will support the goal to establish a strong and effective Transition
Plan, while ensuring that the greater public can understand and
weigh in MassDOT’s Transition Plan.
Advisory Committee – potential membership:
- People with disabilities: including key individual and/or
group representation from among ILCs, local Commissions
on Disability, minority group members with disabilities
- Senior Citizens: including key individuals and/or group
representation from among Elder Service centers, elderserving agencies and minority groups representing seniors
with disabilities
- Other individuals/groups that struggle with barriers and
access related to transportation: parents of minor children
(including stroller users) with disabilities
- State, local and/or federal agencies that are relevant to
discussion (as needed)
Other possible groups (as needed):
- Border states and/or regional states
- New York, Vermont, Connecticut and Rhode Island
- Municipalities (including Executives and ADA Coordinators;
Mass Municipal Association
c)
Public Participation - Policy and Transition Plan Review
and Comment Strategy
MassDOT is evaluating and drafting policies, as part of its Transition
Plan, that are key to an effective self-assessment and remediation
strategy. In this process, MassDOT will seek community input and
suggestions on our drafts, including as to needed modification of any
proposed approaches. To date, MassDOT has developed policies
concerning Accessible Public Meetings and Accessible Pedestrian
Signals, with others pending as we work through the self-assessment
outlined in the Scope of Work. We will begin to seek public comment
on these policies and this draft Public Participation Plan.
To ensure good public feedback, we envision a strategy combining
three critical features: comments from a Community Advisory
Committee (to be established), distribution of draft policies to key
stakeholders and links to MassDOT’s website for public comment.
Our goal is to consider the nature of comments and feedback we
receive through discussions with our Working and Advisory
Committees to determine whether there is need for modification or
the ability to move toward policy implementation, with explanations
given for any determination not to accept a community
recommendation. Our vision is to allow for 30 day comment periods
following distribution and posting of draft policies to accept public
comment. Following the receipt of any input, MassDOT will:
- work with internal staff and its Advisory Committee to
consider the suggestions and comments received,
- determine the feasibility of making the changes suggested,
- post the comments and responses to questions raised, and
- determine the need of further follow up to resolve any matter
that was not addressed through our deliberation process
and take steps to implement such follow up.
For example, where there is little input on a proposed policy during a
comment period, but there is evidence of good outreach and an
opportunity to comment, MassDOT would move to implementation
after the 30 day comment period. Where there is significant comment
on a matter and the consideration of those thoughts may warrant
changing a policy draft, we will share the points made with the ADA
Transition Plan Working Group and the Advisory Committee, for their
consideration and comment. Following this discussion, MassDOT will
make recommended changes that are agreed upon and repost the
draft for an additional 30 day comment period, with an explanation of
any changes made. Following this period, presuming that there is no
further comment, we would implement a given policy.
With respect to receiving comment on the overall Transition Plan,
MassDOT will distribute links and post the Plan with a 30-45 day
comment period, and host a series of public forums across the
Commonwealth, to take comments from the public. MassDOT will
utilize the outreach approach described above. MassDOT would
review comments made and make any needed modifications in
consultation with the ADA/Section 504 Working Group and the
Advisory Committee and then repost the document for an additional
comment period, as needed.
We believe that this strategy combines both a fair distribution of the
information that is central to the development of a Transition Plan,
along with a fluid means to make any changes that are required
through a consultative process that will include staff and stakeholders
alike. MassDOT developed this Public Participation Plan in
collaboration with the Massachusetts Office on Disability (MOD) and
the FHWA. MassDOT will work with MOD and FHWA to establish an
approach to share the content of the Transition Plan with
stakeholders, including those with limited access to technology,
and/or have language or disability barriers to access the content of
the Plan.
4.
Time Frame for Action
October 2012 – Begin one-on-one contacts and/or meetings with key
individuals; develop mailing with link to website and relevant policy
documents
November 2012 – Continue individual/small group meetings; share
Draft Transition internally to develop timelines and complete editing;
submit draft Plan to FHWA for comment. Share draft Participation
Plan and modify as needed, based upon comments received.
December 2012 – Continue individual/small group meetings; make
modifications to Transition Plan based on FHWA comment and post
Transition Plan (if approved); use information from discussions to
formulate an agenda for an ADA/Section 504 Transition Plan
Community Advisory Committee;
January 2013 – Continue small group discussions to strategize
invitations for an ADA Transition Plan Community Advisory
Committee; draft invitation note and agenda; establish date for first
meeting
February 2013 – submit final draft of Transition Plan to FHWA for
approval; establish web presence and disseminate accesto plan via
constant contact to key stakeholders.
March 2013 - first quarterly ADA Transition Plan Community Advisory
Committee
June 2013 – second quarterly ADA Transition Plan Community
Advisory Committee; establish and begin implementation of regional
meetings
September 2013 – third quarterly ADA Transition Plan Community
Advisory Committee; continue regional meetings
January 2014 – fourth quarterly ADA Transition Plan Community
Advisory Committee; complete regional meetings
March 2014 – fifth quarterly ADA/Section 504 Community Advisory
Committee meeting (future meetings TBD)