Self Evaluation Plan and Transition Plan - Part 2, Who is in Charge?
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This is the second article in a series of articles to discuss an Americans with Disabilities Act (ADA) Self Evaluation Plan and Transition Plan (SEPTP) for your entity. The information contained within this series can be used to build a new SEPTP or audit an existing SEPTP. The first article answered the question - Why Bother? Information presented herein can also be found at the New England Action Guide.
Now that you agree that your entity needs a SEPTP, the next step is to determine who will be responsible for the SEPTP. In other words, who is in charge? See [28 CFR 35.107 (a)].
A SEPTP Consultant will work with the entity to identify an ADA Coordinator and convene an ADA team/workgroup with members of the entity departments to carry out the effort necessary to complete and execute the SEPTP process.
The size of your entity, both in number of people and number of facilities, will help determine the person or persons who will be part of the SEPTP. For example, if your entity has less than 50 employees and less than 5 facilities, all located in one geographic area, then you may only need 2 SEPTP participants involved in the SEPTP. One SEPTP participant involved should be the people person, such as an individual in human resources (HR) or a background in HR. The other SEPTP participant should be an individual who is knowledgeable of the facilities, such as a facility manager.
If you have a very small entity, such as one with 10 or less employees and one facility, then probably one person can be in charge of the SEPTP.
If you have an entity that has more than 50 employees, or more than 5 facilities, or these employees and/or facilities are not located in the same geographic area, then you will need to add more participants in the SEPTP design and operation.
Regardless of how many individuals participate in the SEPTP design and operation, eventually one person should be designated as the coordinator or manager of the SEPTP overall. This individual can be called the ADA Coordinator, or the ADA Manager. This same process can be applied to those entities required to follow Architectural Barriers Act (ABA) and/or Fair Housing Act (FHA) laws.
The ADA Coordinator is the key player in ensuring ADA compliance. The coordinator must have the authority, knowledge, and motivation to implement the regulations effectively. For some entities, it may be more cost effective to hire an outside consultant to perform the functions of ADA Coordinator.
One of the greatest benefits of having an ADA Coordinator is that the public can identify an employee to contact with their ADA questions or complaints. Having an ADA Coordinator benefits other employees by providing a specific person with knowledge and information about the ADA and the SEPTP. And, of course, the person coordinates compliance efforts and is instrumental in ensuring that compliance plans move forward.
The ADA Coordinator's role includes the following tasks:
Plan and coordinate compliance efforts.
Develop and distribute notice about ADA compliance.
Respond to general inquiries from the public.
Coordinate requests for auxiliary aids and services and reasonable modifications of policies, practices and procedures.
Train staff, boards and commissions on ADA requirements.
Interact and consult with staff, boards and commission on the ADA.
Develop a grievance procedure.
Investigate complaints.
Conduct a self-evaluation.
Develop a transition plan and action plan.
Qualifications for the person(s) selected as ADA Coordinator(s) include:
Familiarity with the state or local government’s structure, activities, programs and employees.
Knowledge of the ADA experience with people with a broad range of disabilities.
Knowledge of various alternative formats and alternative technologies that enable people with disabilities to communicate, participate, and perform tasks.
Ability to work cooperatively with the public entity and people with disabilities.
Negotiation and mediation skills.
Organizational and analytical skills.
Additional information about ADA Coordinators can be found at Does Your Company Have an ADA Coordinator?
Now that you have an ADAC, commitment by the entity's senior executive leadership is essential and can be expressed in a variety of ways. A well-publicized public declaration of support or adoption of a formal position statement can set a positive tone that facilitates staff involvement and promotes support and cooperation.
When selecting participants for the SEPTP, including staff and/or external parties with skills and expertise in the following areas will be very helpful to the team:
finance and budgeting
capital planning
facilities management
employment
contracts and purchasing
public works
communication accessibility
If possible, people with disabilities should be included in the group of participants for the SEPTP. There are several reasons to include people with disabilities.
First, the ADA requires that public entities provide an opportunity for people with disabilities and other interested individuals or organizations to review and comment on the self-evaluation and transition plan.
Second, involving the end users in the process will generate solutions that are creative and effective.
Third, involving people with disabilities in decision-making will strengthen the accountability of the process and ensure wise use of limited public resources. The team should include representation of as wide a range of disabilities as possible. People with physical, visual, hearing, speech, intellectual, learning, behavioral health, and other disabilities may be included on the team.
Once the ADA Team is formed, the SEPTP Consultant will work with the ADA Coordinator and team to develop an entity position statement regarding ADA compliance and policies. The Consultant will draft an ADA position statement for the entity to review and modify.
SUMMARY
An important step in creating a successful Self Evaluation Plan and Transition Plan is to establish key participants to design and operate the SEPTP. With support from executive leadership in the entity, an ADA Coordinator with overall responsibility for the SEPTP should be designated. For larger entities, ADA Coordinators from the organizations that make up the entity will need to be assigned. For those entities that follow ABA or FHA laws, this same process can be used by substituting ABA or FHA for ADA. The next article about Self Evaluation and Transition Plan is Part 3 - Public Notice.
If you need help building a new SEPTP or auditing your existing SEPTP, please call Richard Acree at 615-752-0060, or email inspections4ada@gmail.com. For additional information please see SEPTP.
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