Introduction
The Americans with Disabilities Act (ADA) was enacted in 1990 to combat discrimination against individuals with disabilities. Title II of the ADA requires communities to conduct self-evaluations and create transition plans based on the size of their workforce to update public facilities. This title addresses the programs, activities, and services provided by government entities, specifically focusing on protecting citizens from disability-based discrimination.
The goal of the ADA is to ensure that every individual has the opportunity to access businesses and services, while also allowing these businesses and services to benefit from the patronage of all Americans. This document will guide the planning and implementation of necessary modifications to programs and facilities over the coming years.
The ADA Transition Plan is important because it demonstrates the City of Waco's ongoing commitment to developing and maintaining policies, programs, and facilities that are inclusive of all residents.
Federal Accessibility Requirements
The development of a transition plan is a requirement of the Federal Regulations implementing the Rehabilitation Act of 1973, which requires that all organizations receiving federal funds make their programs available without discrimination to persons with disabilities. The Act, which became known as the “civil rights act” of persons with disabilities, states:
No otherwise qualified individual with a disability in the United States shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. (Section 504)
Subsequent to the enactment of the Rehabilitation Act of 1973, Congress passed the Americans with Disabilities Act on July 26, 1990 (the “ADA”). Title II of the ADA prohibits disability discrimination by all public entities. Title II provides protections to individuals with disabilities that are at least equal to those provided by the nondiscrimination provisions of Title V of the Rehabilitation Act. The legislative mandate, therefore, prohibits the City from, either directly or through contractual arrangements:
- Denying persons with disabilities the opportunity to participate in services, programs, or activities that are not separate or different from those offered others, even if the City offers permissibly separate or different activities.
- Selecting facility locations that have the effect of excluding or discriminating against persons with disabilities.
The City is obligated to observe all requirements of Title I in its employment practices; Title II in its policies, programs and services; any parts of Titles IV and V that apply to the City and its programs, services, or facilities; and all requirements specified in the ADA Access Guidelines of 2012 (ADAAG) that apply to facilities and other physical holdings.
Details of the Americans with Disabilities Act of 1990 can be found on the ADA website.
Included in Title II are administrative requirements for all government entities employing more than fifty (50) people. These administrative requirements outlined in Code of Federal Regulations (CFR), section 35, which are addressed in this document are:
- Notification of rights and the City's obligations (28 CFR §35.106);
- Designation of a person who is responsible for overseeing Title II compliance (28 CFR §35.107(a));
- Development of an ADA grievance procedure (28 CFR §35.107(b));
- Completion of a self‐evaluation (28 CFR §35.105); and
- Development of a transition plan if the self‐evaluation identifies any structural modifications necessary for compliance (28 CFR §35.150(d)). Modification records must be retained for three years.
State of Texas Accessibility Requirements
In addition to complying with ADA requirements, the City will also comply with the Texas Accessibility Standards, Elimination of Architectural Barriers as contained in Texas Government Code, Chapter 469.
Declarations
Compliance with the Americans with Disabilities Act
In accordance with the requirements of Title II of the ADA, the City will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities.
Employment
The City does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations circulated by the U.S. Equal Employment Opportunity Commission under Title I of the ADA.
Effective Communication
The City will, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they may participate equally in the City’s programs, services, and activities, including but not limited to, qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.
Modifications to Policies and Procedures
The City will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of the City’s programs, services, and activities. Anyone who requires auxiliary aid or service for, or has a complaint related to, effective communication, or a modification of policies or procedures to allow participation in a program, service, or activity in the City should contact the designated employee in accordance with 28 CFR §35.107(a):
Lhea Homesley
ADA Coordinator
PO Box 2570
Waco, TX 76702
(254) 750-5693
lheah@wacotx.gov
Surcharges and Fees
The City will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services to accommodate access to or participation in programs or services.
Undue Burden
ADA does not require the City to undertake any action that would represent an undue financial and administrative burden. This determination is to be made by the ADA Coordinator and must be accompanied by a statement citing the reasons for reaching that conclusion. The determination that undue burdens would result must be based on an evaluation of all resources available for use in the programs.
Self-Evaluation and Transition Plan
Title II of the ADA requires that the City conduct a self‐evaluation of its services, policies, and practices and make modifications as necessary to comply with 28 CFR §35.105. A self‐ evaluation is an assessment of the City’s current policies and practices and identifies and corrects those policies and practices that are inconsistent with Title II requirements. The ADA Transition Plan will continue the process of identifying any barriers to accessibility that might be present. The ADA Transition Plan will provide a schedule that indicates a projected time for resolution and the department responsible for implementation. The City has begun the self‐evaluation process and will continue the process through ongoing solicitation of public comment. This Transition Plan is a living document that will be updated periodically to reflect the ongoing assessment and resolution/response to public comment.
Self-Evaluation
The City has conducted an evaluation review of physical barriers in its buildings and facilities when required. Recognizing that the City has limited funds, staff will utilize a variety of criteria for prioritizing the removal of physical barriers. These criteria may include but not be limited to the following:
- Quantity and frequency of public use
- Critical nature of the programs offered at the facility (government offices, medical facilities, school zones, downtown core areas, residential areas, and etcetera.)
- Public feedback obtained through public input and the grievance process
- Availability of funding
- Planning of future construction activity – Capital Improvement Plan
Action Taken to Improve Access
The City has developed at a rapid rate during the past several years. Extensive expansion and redevelopment of the downtown commercial area has occurred in response to increased interest and tourism. As new City facilities have been constructed and existing buildings renovated, the City has complied with State of Texas design requirements through review by the Texas Department of Licensing and Regulation (TDLR) / Chapter 469 of the Texas Government Code. The City has also enhanced pedestrian access via street and sidewalk related capital improvement projects including construction and/or reconstruction of sidewalks, curb ramps, drive approaches, curbs and necessary retaining walls at various locations throughout the City to comply with the ADA; developer construction of subdivision infrastructure in the right-of-way including sidewalks and curb ramps; and adjacent to developer infill projects right-of-way infrastructure such as sidewalks and curb ramps. The City with developers will continue these improvements to meet its overall accessibility goals.
Under the Americans with Disabilities Act, users of City facilities and services have the right to file a grievance if they believe the City has not provided reasonable accommodation.
Submitting a Grievance
Under the grievance procedures, a formal complaint must be filed within 90 calendar days of the alleged occurrence.
File a complaint
Upon request to the ADA Coordinator, reasonable accommodations will be provided in completing the form, or alternative formats of the form will be provided.
The ADA Coordinator is required to acknowledge receipt of the grievance within fifteen (15) days. If the ADA Coordinator does not respond or does not satisfactorily resolve the issue within the time period set forth in Section 4.2 below, the complainant may forward the request, or appeal the response, to the City Manager or his designee. If at any time the complainant is not satisfied with the City’s handling of the grievance the complainant may file directly with the U.S. Department of Justice.
Investigation Process
Following the filing of a grievance, the ADA Coordinator shall determine whether, and to what extent, an investigation of the grievance is warranted. Any resulting investigation shall be conducted by the ADA Coordinator or their designee. A thorough investigation affords all interested persons and their representatives and opportunity to submit evidence relevant to a grievance. The ADA Coordinator will complete the investigation within 60 calendar days of receipt of the grievance. If appropriate, the ADA Coordinator will arrange to meet with the complainant to discuss the matter and attempt to reach resolution of the grievance.
Resolution
Any resolution of the grievance shall be documented in the ADA Coordinator file and the case will be closed. All written complaints and resolutions shall be kept on file for three (3) years.
The resolution of any specific grievance will require consideration of varying circumstances, such as the specific nature of the disability; the nature of the access to facilities; the safety of others; and the degree to which an accommodation would constitute a fundamental alteration to the facility, or cause an undue hardship to the City. Accordingly, the resolution by the City of any grievance does not constitute an admission of liability, guilt or a precedent upon which the City is bound or upon which other parties may rely.
One of the most important goals of emergency management is helping people prepare for and respond to emergencies. Making local preparedness and response programs accessible to people with disabilities is a critical part of this responsibility.
Access to 9-1-1 Services
The City partners with McLennan County 911 Emergency Assistance District for all 9‐1‐1 services. All Public Safety Answering Points (PSAPs) in McLennan County can receive 9-1-1 calls via a telecommunications device for the deaf (TDD) or a text telephone (TTY). McLennan County 9-1-1 Emergency Assistance District offers 9-1-1 tele-communicators the initial 8 hour TDD/TTY training as well as 4 hour refresher TDD/TTY training in accordance with ADA. Text to 9-1-1 Service was implemented in May 2018. This service is different than TTY/TDD in that is does not require a separate device to connect to the phone. Mobile phone users can text 9-1-1 to connect to a Public Safety Answering Point.
Functional Needs Assessments
A functional needs assessment of the local residents will assist in ensuring that emergency management procedures are in compliance with the ADA. Functional needs assessments are required as part of the Emergency Management Plan in order to facilitate the notification, evacuation, and sheltering phases of an emergency incident.
The State of Texas currently has a functional needs registry that is available to any individual who may require additional assistance. This is a voluntary, confidential registration and individuals may apply through the Texas Information Referral Network (2‐1‐1) or online through the State of Texas Emergency Assistance Registry (“STEAR”).
STEAR provides the City with a list of individuals requiring assistance. All information will remain confidential and at no time will names, addresses or other personal information be published, sold or provided to any third parties unless otherwise required by law. The City utilizes public outreach to educate citizens regarding this registration process.
Services and programs offered by the City to the public must be accessible for all citizens and reasonable accommodations must be made for those with disabilities. The process of making City facilities and programs accessible to all individuals will be an ongoing one and the City will continue to review accessibility issues through self‐evaluation, resolution of complaints, and by making reasonable modifications to programs.
The City has made progress towards improving accessibility as seen by the following actions:
- Designation of an ADA Coordinator
- Implementation of an ADA grievance procedure
- Conducting an ongoing self‐assessment to identify issues needing to be resolved
- Complying with Federal and State requirements as facilities are modified or constructed
- Planning future improvements through the capital improvement program
It is imperative that the City partner with the community to work together to identify and resolve accessibility issues. In addition to the existing grievance process, feedback will be obtained from the community by publishing this document on the City’s website. Upon receiving public input, if necessary, City staff will update the Plan and present an updated Plan to the City Council for its review and approval. Upon approval staff will make the updated Plan available to the public. Periodic updates will be made to the Plan going forward.