Public rights-of-way and facilities are required to be accessible to persons with disabilities under Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990 (ADA). These statutes prohibit public agencies from discriminating against persons with disabilities by excluding them from services, programs, or activities. Public agencies must provide pedestrian access for persons with disabilities to the agency's streets and sidewalks. Regulations implement this requirement by imposing standards for accessible features such as curb cuts, ramps, continuous sidewalks, and detectable warnings.

The ADA requires public agencies with more than 50 employees to develop a transition plan.  The transition plan primarily identifies barriers and deficiencies noted throughout the agency's facilities, rights of way and programs.  While these laws have existed for some time, the Tennessee Department of Transportation (TDOT) and the Federal Highway Administration have recently notified all cities and counties with 50 or more employees that having an ADA Transition Plan will be a requirement in order to receive future federal/state funding. (See attached letter dated November 14, 2016.) The letter sets specific target dates for preparing a transition plan, including a letter from the Mayor outlining preparation of a transition plan.  The letter must be approved by the City's governing body and submitted by the end of the 2017 calendar year. 

As noted in the letter, staff has been working on the transition plan for the past year or so.  While some cities have elected to use outside consultants to prepare the required plan, we are planning to do as much of the work as possible using in-house staff.  However, some outside assistance may be needed as the plan preparation proceeds. The transition plan must include a schedule for providing access features, including curb ramps for walkways. The schedule should first provide for pedestrian access upgrades to state and local government offices and facilities, transportation facilities, places of public accommodation, and public employers, followed by walkways serving other areas. The transition plan should accomplish the following four tasks:
 

1. Identify physical obstacles in the public agency's facilities that limit the accessibility of its programs or activities to individuals with disabilities;

2. Describe in detail the methods that will be used to make the facilities accessible;

3. Specify the schedule for taking the steps necessary to upgrade pedestrian access to meet ADA and Section 504 requirements in each year following the transition plan; and

4. Indicate the official responsible for implementation of the plan.
   
   Please direct any questions to the Engineering Director