Program Accessibility

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• * CHAPTER SIX PROGRAM ACCESSIBILITY

Public school systems must ensure that programs, services, and activities are accessible to and usable by individuals with disabilities. This chapter provides a review of the Title II requirements regarding program accessibility, as well as a discussion of the similarities and differences between Title II and Section 504 concerning program accessibility.

The chapter begins with a discussion of the concept of "program accessibility." Next, it reviews the general Title II and Section 504 requirements for providing access in existing facilities, presenting examples of the many methods of compliance that may be acceptable under the regulations. It also discusses other significant requirements pertinent to program accessibility in existing facilities: providing access to historic properties and historic preservation programs, providing access in leased space, and developing transition plans for structural modifications found essential to make programs accessible. The "fundamental alteration/undue burden" exception is explained. The chapter then reviews both Title II and Section 504 requirements for new construction and alterations. Finally, it discusses the importance of planning for the maintenance of accessible features.

At the end of the chapter, a practical guide to conducting the program accessibility portion of the self-evaluation is presented. Worksheets are provided that can be used to conduct the self-evaluation and serve as the basis for the development of the transition plan. School systems may use them as they are or adapt them, to help identify areas in which nonstructural or structural modifications may be needed in order to be in compliance.

PROGRAM ACCESSIBILITY

Ensuring program accessibility is an important aspect of enhancing opportunity for persons with physical disabilities. Both Title II of the ADA and Section 504 prohibit public school systems from denying people with disabilities equal opportunity to participate in programs, services, and activities because their facilities are inaccessible to, or unusable by, them [28 C.F.R. ? 35.149 and 34 C.F.R. ? 104.21]. Both regulations contain two standards to be used in determining whether a covered entity's programs, activities, and services are accessible to individuals with disabilities. One standard deals with "existing" facilities; the other deals with new construction and alterations.

28 C.F.R. ? 35.149 Discrimination prohibited. Except as otherwise provided in ? 35.150, no qualified individual with a disability shall, because a public entity's facilities are inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity.

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For existing facilities, Title II and Section 504 require covered entities to operate each program so that, when viewed in its entirety, the program is readily accessible to and usable by people with disabilities [28 C.F.R. ? 35.150(a) and 34 C.F.R. ? 104.22(a)]. This is known as the _program _accessibility standard, and it is one of the most important concepts in compliance planning. A covered entity must make its programs and activities accessible unless it can demonstrate that required modifications would result in a fundamental alteration of the program or in undue financial and administrative burdens. The concept of program accessibility must be understood because it will serve as a guideline in evaluating existing facilities and in formulating structural and nonstructural solutions to any physical access problems found in these facilities.

Both Title II and Section 504 require that a new or altered facility (or the part that is new or altered) be readily accessible to and usable by individuals with disabilities [28 C.F.R. ? 35.151 and 34 C.F.R. ? 104.23]. The new construction and alterations requirements focus on providing physical access to buildings and facilities rather than on providing access to programs and services. There is no fundamental alteration or undue burden limitation on the new construction and alterations requirements.

There is a common misconception that there are many major differences between the program accessibility requirements of Title II and Section 504. One basic misconception is that under Section 504, only the most elementary access to a program is required (e.g., an accessible entrance and an accessible rest room) and that under Title II, buildings must be fully accessible and barrier-free. In reality, _neither regulation requires that existing buildings offer a barrier-free environment as long as there is program accessibility. Important similarities exist between Title II and Section 504. For example, both regulations contain similar general requirements for existing facilities and new construction, and alterations. However, some significant differences between Title II and Section 504 do exist in the following areas: (1) relevant time frames for existing facilities; (2) actions resulting in a fundamental alteration of a service, program, or activity or in undue financial or administrative burdens; (3) historic properties; (4) transition plans; and (5) new construction or alterations. These similarities and differences will be discussed in greater detail throughout the chapter.

It is important to note that many people associate the concept of program accessibility primarily with individuals with mobility impairments. This is a serious error. There are less than one million individuals who use wheelchairs in the United States. Four times as many individuals have serious vision impairments; twenty-four times as many individuals have hearing impairments. School district officials must ensure that their programs and activities are accessible to qualified individuals with many

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different types of disability. To meet this obligation, school district officials should ensure that, when they conduct the program accessibility portion of the self-evaluation, they consider such issues as providing accessible building signage, providing alarms with visible signals, and providing accessible public telephones. (This requirement is in addition to the school district's obligation to ensure effective communication for individuals with disabilities, which is discussed in Chapter Seven.)

Questions are frequently asked regarding whether school districts must provide program accessibility to parents, guardians, and members of the public with disabilities. As discussed in Chapter Two, under Title II and Section 504, school districts must provide program accessibility to parents, guardians, and members of the public with disabilities for programs, activities, or services that are open to parents or to the public, such as parent-teacher organization meetings, athletic events, plays, and graduation ceremonies.

PROGRAM ACCESS IN EXISTING FACILITIES

Under Title II, an existing facility includes facilities that were already constructed, or for which ground-breaking had begun, prior to the effective date of the Title II regulation (January 26, 1992). Under the Section 504 regulation for federally assisted programs, an existing facility is defined as any facility that was already constructed, or for which ground-breaking had begun, prior to the effective date of the Section 504 regulation (June 3, 1977).

Depending on the date of construction, some facilities may be existing facilities for purposes of Title II but also constitute new construction under the Section 504 regulation. These include buildings constructed on or after June 3, 1977, but before January 26, 1992. In these cases, school systems required to comply with both the Title II and the Section 504 regulations must meet not only the standards for existing facilities under Title II, but also the applicable facility accessibility standards for new construction and alterations under Section 504.

As mentioned earlier in the chapter, both Title II and Section 504 require covered entities to operate each program or activity located in an existing facility in such a way that the programs and activities, when viewed in their entirety, are readily accessible to and usable by individuals with disabilities [28 C.F.R. ? 35.150(a) and 34 C.F.R. ? 104.22(a)]. (The specific language of Title II also refers to services.) Under both regulations, accessibility to existing structures is defined functionally. Neither regulation requires public entities or recipients to make all existing facilities, or every part of the existing facility, accessible to and usable by individuals with disabilities, as long as the program viewed as a whole is accessible.

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What is a Program or Activity?

Under Title II and Section 504, the term "program or activity" embraces the programs, activities, and services offered by a covered entity in fulfillment of its mission. It spans all offerings open to any of the audiences served by the school district. The following are examples of programs or activities that, when viewed in their entirety, must be readily accessible to and usable by individuals with disabilities: academic programs; food services; library services; health services; counseling; physical education; athletics; recreation; transportation; extracurricular activities, including school clubs and other after-school activities, as well as plays, concerts, or other performances open to the public; parent-teacher organization activities; graduation ceremonies; vocational programs; apprenticeship programs; and employer recruitment opportunities.

This list is, of course, not intended to be exhaustive.

The school district should also consider the entire scope of its overall operation as one program made up of several parts or elements. In conducting the program review, the school district should examine each of the parts or elements that make up the whole. The district should ensure that its entire program, when viewed as a whole, is readily accessible to and usable by individuals with disabilities.

Classroom Buildings, Support Facilities, and Public Events

In order to understand more fully the concept of viewing programs or activities offered in existing facilities "in their entirety," the following discussion presents the application of the program accessibility standard for existing facilities to classroom buildings, programs and activities open to parents or to the public, and support facilities.

28 C.F.R. ? 35.150. Existing facilities.

(a) _General. A public entity shall operate each service, program, or activity so that the service, program, or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities. This paragraph does not--

(1) Necessarily require a public entity to make each of its existing facilities accessible to and usable by individuals with disabilities.

With respect to existing facilities, school systems should provide for access to persons with disabilities at schools dispersed throughout their service area so that students with disabilities can attend school at locations comparable in convenience to those available to students without disabilities. School districts do not have to make all of their existing classroom buildings accessible to students with disabilities, provided that all programs offered in inaccessible classroom buildings are also available in other accessible schools in the district, and that the accessible schools are comparable in convenience to those available to students without disabilities. It is important to note that school districts may not make only one facility or part of a facility accessible if the result is to segregate students with disabilities in a single setting. Also, where "magnet" schools, or schools offering different curricula or instruction techniques, are available, the range of choice provided to students with disabili-

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ties must be comparable to that offered to students without disabilities.

Example: Is this school system's program, taken as a whole, accessible to persons with disabilities?

There are six elementary school buildings in a school district, of which four are one-story and two are two-story. The two-story buildings were constructed in 1958 and 1960, respectively, and are not physically accessible to persons with mobility impairments. All programs offered in the two-story buildings are available in the four other elementary schools, which are readily accessible to and usable by persons with disabilities. Special planning was done so that persons with disabilities can participate in all programs and activities. The amount of travel time from the homes of persons with disabilities to the accessible schools is comparable to the amount of time traveled by other children without disabilities within the school district of the same age. The school district is in compliance with Section 504 and Title II.

As discussed in Chapter Two and earlier in this chapter, public school systems must ensure that their programs are accessible to parents, guardians, and members of the public with disabilities as well as to students. This requirement includes all programs, activities, or services that are open to parents or to the public, such as parent-teacher organization meetings, plays, and graduation ceremonies. With respect to existing facilities, school districts may satisfy their obligations to make programs accessible to parents who have disabilities by reassigning their child to a school facility that is accessible.

This broader view of looking at programs in their entirety is also the approach Title II and Section 504 take toward such support facilities as rest rooms, water fountains, and parking spaces in existing facilities. Sufficient numbers of these accessible elements should exist that are reasonably convenient, usable in inclement weather, and appropriate to the use of a facility. Usage of the building is an important factor in addressing program accessibility concerns such as the number of rest rooms and drinking fountains required. Buildings in which an individual may spend extended periods of time should meet a higher degree of accessibility than those in which an individual spends relatively short periods of time.

Existing Facilities and Architectural Accessibility Standards

It is important to understand that whether a particular program or activity is accessible is determined not by compliance with an architectural accessibility standard but by considering whether

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the program or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities. However, in an assessment of program accessibility in existing facilities, facility accessibility standards such as the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG) or the Uniform Federal Accessibility Standards (UFAS) may be used as a guide to understanding whether individuals with disabilities can participate in the program, activity, or service. ADAAG and UFAS are the architectural standards that constitute compliance with the Title II requirements for new construction and alterations; * UFAS also constitutes compliance with the Section 504 requirements for new construction and alterations.

* On June 20, 1994, the Department of Justice issued a notice of proposed rulemaking in the Federal Register which proposes that the Title II regulation be amended to incorporate, as the ADA Standards for Accessible Design (ADA Standards), the ADA Accessibility Guidelines for Buildings and Facilities (ADAAG) as revised in an interim final rule that was published on the same day by the Architectural and Transportation Barriers Compliance Board (ATBCB). The Department of Justice's proposed rule would establish new ADA standards for new construction and alterations covered by Title II. (See [print] page 171 for a more complete discussion of the Department of Justice's notice of proposed rulemaking and the ATBCB's interim final rule.)

At the end of this chapter, a Facility Checklist is provided that public school systems can use to assist in identifying architectural barriers, as well as communication barriers that are structural in nature. The Checklist is based on ADAAG.

Methods of Compliance

Although the program accessibility standard is a rigorous one, both the Title II and Section 504 regulations permit considerable flexibility in how the standard can be met. Both structural and nonstructural methods of achieving program accessibility are acceptable.

Although nonstructural methods of achieving program accessibility are acceptable, nonstructural solutions should not have the effect of segregating people with disabilities or compromising their dignity and independence. Priority consideration must be given to offering programs or activities in the most integrated setting appropriate [28 C.F.R. ? 35.150(b)(1) and 34 C.F.R. ? 104.22(b)].

28 C.F.R. ? 35.150 Existing facilities.

(b) _Methods. (1) _General ... A public entity is not required to make structural changes in existing facilities where other methods are effective in achieving compliance with this section ... In choosing among available methods for meeting the requirements of this section, a public entity shall give priority to those methods that offer services, programs, and activities to qualified individuals with disabilities in the most integrated setting appropriate.

If no effective nonstructural alternatives can be provided to achieve program accessibility, public school systems must make the necessary structural changes [28 C.F.R. ? 35.150(b)(1) and 34 C.F.R. ? 104.22(b)]. These changes must conform to standards for new construction and alterations.

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Some acceptable methods of making programs accessible are discussed below.

1. __Reassignment of services to an accessible _location. The relocation of programs and activities to accessible locations is one method of making programs and activities accessible. For example, classes or activities can be relocated to accessible ground-level floors within a building or reassigned to other buildings that are accessible [28 C.F.R. ? 35.150(b)(1) and 34 C.F.R. ? 104.22(b)].

Example: Is program relocation an appropriate option for this school?

A two-story elementary school building was constructed in 1952. The primary entrance, the gymnasium, the cafeteria, the administrative offices, and the library were altered and made accessible to and usable by persons with disabilities. Classrooms, rest rooms, and drinking fountains on the ground-level floor of the building were also altered in order to make the ground-level floor of the building accessible to and usable by persons with disabilities. A sufficient number of parking spaces were redesigned in order to be made accessible to and usable by persons with disabilities. Appropriate vertical signs showing the international symbol of accessibility were placed at the accessible parking spaces.

However, no alterations were made on the second floor, and the building has no elevator. Fourth grade classrooms are located on the second floor.

A student with a mobility impairment enrolls as a fourth grader in the school. The school may achieve program accessibility by relocating the programs and activities that the student will be attending to the first floor.

2. __Purchase, redesign, or relocation of _equipment. Other methods of making programs accessible include the purchase, redesign, or relocation of equipment [28 C.F.R. ? 35.150(b)(1) and 34 C.F.R. ? 104.22(b)]. "Equipment" includes items that generally make the building functional as well as items that are integral to participation in specific programs, activities, or services, such as work stations, study carrels, and machinery. In many cases, equipment can simply be relocated or raised or lowered to make it usable by an individual with disabilities; in other cases, redesign may be necessary. Redesign of equipment may be a fairly simple and inexpensive process, such as relocating a control panel, replacing grip/twist devices (e.g., doorknobs and drinking fountain faucets) with levers, altering door closure devices, and providing audible or visual signals for individuals with visual or hearing impairments.

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It is important to note that the effectiveness of various alternatives should be considered before undertaking the redesign of equipment. For example, a fire alarm that has not been wired to give a visual as well as an audible signal does not automatically violate the Section 504 or Title II regulations. If other methods of communicating danger to individuals with hearing disabilities are provided and are effective in emergency situations, visual signals are not required. In classrooms, cafeterias, and auditoriums, there are generally sufficient numbers of people who would be aware of danger that risk to a person with a hearing disability would be minimal. However, there are situations in which such activity could not be perceived and oral communication would be ineffective. Such situations might include library study areas or other relatively isolated areas. In such cases, redesign of equipment may be the only effective means of communicating danger to individuals with hearing disabilities.

3. _Assignment _of _aides. In some circumstances, aides may be assigned to perform certain tasks that will enable persons with disabilities to participate in programs [28 C.F.R. ? 35.150(b)(1) and 34 C.F.R. ? 104.22(b)]. For example, aides may be required to ensure that persons with disabilities are able to exit safely from program areas in the event of an emergency. Also, if equipment in a laboratory class is inaccessible to a student with a disability, in order to meet the program accessibility requirements of Title II and Section 504, a human aide may be assigned to assist the student in the laboratory class. In addition, aides may retrieve books for students with mobility impairments if portions of the library are inaccessible. The aides must be available during the operating hours of the library.

4. __Structural changes to eliminate _barriers. Although structural changes to make existing facilities accessible are not required as a matter of course, they must be undertaken if there is no alternative means to achieve program accessibility [28 C.F.R. ? 35.150(b)(1) and 34 C.F.R. ? 104.22(b)]. Structural changes include such alterations as installing a ramp, widening a doorway, or lowering a toilet. As mentioned earlier, structural changes must conform to standards for new construction and alterations [28 C.F.R. ? 35.150(b)(1) and 34 C.F.R. ? 104.22(b)].

Example: Are structural changes required in order to eliminate barriers in this high school?

A school district has one international relations magnet high school. The school building, which was constructed in 1956, is inaccessible to persons with disabilities. Inaccessible elements of the school building include, but are not limited to, the following:

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-- The two principal entrances to the first floor of the school are not accessible because of stairs;

The lack of access to the second or third floors may not be a violation of the law if required alterations are made on the first floor of the building, and if programs offered on the second and third floors can be relocated to the first floor when persons with disabilities enroll in these programs. However, if these programs cannot be relocated to the first floor, an elevator or platform lift may have to be installed.

If structural modifications are undertaken, required structural changes would include the following:

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Under Title II, any needed structural changes must be made as soon as possible, but no later than January 26, 1995 [28 C.F.R. ? 35.150(c)]. By July 26, 1992, public entities that employ 50 or more persons were required to have developed a transition plan that sets forth the steps necessary to make structural changes [28 C.F.R. ? 35.150(d)(1)]. It is important to note that school districts are in violation of Section 504 if they have not already made structural changes that they are required to have made to ensure program accessibility under Section 504. This Guide recommends that school districts prioritize and implement structural modifications in order to ensure Section 504 compliance as quickly as possible.

Some schools, faced with severe accessibility problems, have considered the use of back doors and freight elevators to satisfy the program accessibility requirement. Such measures are acceptable only as a last resort and only if the arrangement provides accessibility comparable to that provided to persons without disabilities. If the back door in question is ordinarily locked and can be accessed only by loud knocking that the maintenance crew may or may not hear, then a plan to provide access by means of the back door is not acceptable. A back door is acceptable only if it is kept unlocked during the same hours the front door remains unlocked; if the passageway to and from the floor is accessible, well-lit, and neat and clean; and if the individual with a mobility impairment does not have to travel excessive distances or through such non-public areas as kitchens and storage rooms to gain access. A freight elevator would be acceptable if it were upgraded so as to be usable by passengers generally and if the passageways leading to and from the elevator are well-lit and neat and clean.

In considering such means of access, school systems should bear in mind the security requirements of students with disabilities. Students with disabilities should not be required to use poorly lighted entrances or otherwise take undue personal security risks compared to other students.

Questions are frequently raised regarding whether carrying an individual with a disability is an acceptable method of providing program access. Carrying is contrary to the goal of providing accessible programs, which is to foster independence. Carrying a person with a disability to achieve program accessibility is therefore unacceptable, except in manifestly exceptional cases [28 C.F.R. ? 35.150(b)(1) (Preamble)].

In the very limited situations in which carrying is permitted, carriers must be instructed on the safest and most dignified means of carrying and the service must be provided in a reliable manner [28 C.F.R. ? 35.150(b)(1) (Preamble)]. Liability issues may be relevant when this option is being considered. School representatives are encouraged to consult with persons with disabilities on the most acceptable method of providing access.

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FUNDAMENTAL ALTERATIONS OR UNDUE BURDENS

The Title II regulation does not require a public entity to take any action that would result in a fundamental alteration in the nature of its service, program, or activity or in undue financial and administrative burdens [28 C.F.R. ? 35.150(a)(3)]. This provision codifies case law interpreting the Section 504 regulation for federally assisted programs.

28 C.F.R. ? 35.150 Existing facilities. (a) _General ... (3) ... In those circumstances where personnel of the public entity believe that the proposed action would fundamentally alter the service, program, or activity or would result in undue financial and administrative burdens, a public entity has the burden of proving that compliance with ? 35.150(a) of this part would result in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the head of a public entity or his or her designee after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action would result in such an alteration or such burdens, a public entity shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that individuals with disabilities receive the benefits or services provided by the public entity.

Compliance with the Title II program accessibility provisions will not generally result in an undue financial or administrative burden [28 C.F.R. ? 35.150(a)(3) (Preamble)]. Individuals with disabilities should have access to public entities' programs in all but the most unusual situations. When a school district does justify noncompliance by claiming that compliance would result in a "fundamental alteration" to its program or constitute an "undue burden," the Title II regulation places the burden of proof on the school district [28 C.F.R. ? 35.150(a)(3)]. Further, a decision regarding whether a burden is undue must be based on all of the public entity's resources available for use in the funding and operation of the service, program, or activity [28 C.F.R.? 35.150(a)(3)].

Although Title II does not specifically define the elements of an undue burden, school districts may want to look to the following factors, spelled out under Title I of the ADA, for guidance in determining whether an undue burden exists:

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Finally, the undue burden/fundamental alteration defense is not absolute [28 C.F.R. ? 35.150(a)(3) (Preamble)]. It does not relieve public school systems of all obligations to individuals with disabilities. Public school systems must still take any other steps that do not result in an undue burden or fundamental alteration but are necessary to ensure that individuals receive the benefits or services provided by the school district [28 C.F.R. ? 35.150(a)(3) (Preamble)].

DESIGNATED HISTORIC BUILDINGS

Some school systems may include buildings that have a historic designation. The Title II regulation makes a distinction between public entities that conduct all or a portion of their programs in historic properties and public entities that conduct historic preservation programs that have preservation and experience of the historic property as primary purposes. Requirements regarding these two distinct types of programs are presented below.

_Historic _properties. Historic properties are properties listed or eligible for listing in the National Register of Historic Places or designated as historic under state or local law [28 C.F.R. ? 35.104]. The Title II regulation provides that a public entity is not required to take any action that would threaten or destroy the historic significance of a historic property [28 C.F.R. ? 35.150(a)(2)]. This provision was included in order to avoid possible conflicts between the Congressional mandate to preserve historic properties and the mandate to make all programs and activities located in existing facilities accessible to individuals with disabilities [28 C.F.R. ? 35.150(b)(2) (Preamble)].

Where public school systems conduct all or a portion of their programs in historic properties and the preservation and experience of the historic property itself are not primary purposes of the program, the historic property itself is not the program. Nonstructural changes that could be made to render the program accessible would include relocating all or part of the program to an accessible facility, purchasing or redesigning equipment, or using other standard methods of program accessibility that would not threaten or destroy significant historic features of the property [28 C.F.R. ? 35.150(b)(2) (Preamble)]. These changes should be made as expeditiously as possible.

_Historic _preservation _programs. Historic preservation programs are programs conducted by a public entity that have preservation of historic properties as a primary purpose (e.g., a tour of a historic building). Special program accessibility requirements and limitations apply to historic preservation programs. Because a primary benefit of the program is the unique experience of the historic property itself, public entities are required to give priority to methods that provide physical access to individuals with

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disabilities [28 C.F.R. ? 35.150(b)(2) (Preamble)]. Although the Title II regulation encourages public entities to give priority to methods that provide physical access, the Title II regulation does not require any action that would threaten or destroy the historic significance of the property or result in fundamental alterations in the nature of the program or in an undue burden [28 C.F.R. ? 35.150(b)(2) (Preamble)].

Some nonstructural methods of achieving compliance, such as relocation to another facility, are not appropriate for historic preservation programs; the essence of the program or activity involves the experience of the historic property itself. Where it is not possible to provide physical access without threatening or destroying the historic significance of the property, fundamentally altering the nature of the program, or incurring an undue burden, creative methods of achieving program access must be sought that will offer persons with disabilities an appropriate experience of the historic property itself. For example, access might be provided by:

While the U.S. Department of Education's Section 504 regulation for federally assisted programs does not specifically mention historic properties, historic properties must also satisfy Section 504 program accessibility requirements. As with the Title II regulation, Section 504 is interpreted with enough flexibility to permit recipients of federal financial assistance to make programs accessible without impairing the integrity of historical facilities. No distinction has been made under Section 504, however, between historic properties and historic properties that are part of historic preservation programs.

PROVIDING ACCESS IN LEASED SPACE

Under the Title II regulation, school systems are encouraged, but not required, to lease accessible space. However, once a leased facility is occupied, the school system must provide access to all programs, services, and activities conducted in that space [28 C.F.R. ? 35.151(c) (Preamble)]. The Section 504 regulation contains a similar requirement [34 C.F.R. ? 104.4(b)(6)]. Leased facilities are subject to the program accessibility requirements for

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existing facilities or new construction and alterations, depending upon the date that the buildings were constructed or altered [28 C.F.R. ? 35.151(c) (Preamble)].

Obviously, the more accessible the space is to begin with, the fewer structural modifications will be required for particular employees whose disabilities may necessitate barrier removal as a reasonable accommodation. It will also be both easier and less costly to make programs and activities accessible to and usable by other individuals with disabilities [28 C.F.R. ? 35.151(c) (Preamble)].

The Department of Justice suggests that public entities attempt to locate space that complies, at a minimum, with the federal requirements for leased buildings contained in the Minimum Guidelines and Requirements for Accessible Design published in the Architectural Barriers Act of 1968 at 36 C.F.R. ? 1190.34 [28 C.F.R. ? 35.151(c) (Preamble)]. These guidelines, which apply to the federal government, require that all leased buildings have: (1) an accessible route from an accessible entrance to the building to the parts of the building where the principal activities for which it was leased take place; (2) accessible rest rooms; and (3) accessible parking facilities.

Since the school system is responsible for ensuring accessibility to school functions that may be held off the school grounds--even those held for only one night, such as formal dances or receptions--it is recommended that school systems notify all components that have the authority to lease facilities for school functions of this obligation. It is important to ensure that the appropriate individuals are fully aware of program accessibility requirements as they plan conferences, social functions, or other gatherings on behalf of the school. In addition, vendors, private foundations, and other entities that lease space from the school district in order to provide services to the district should be included in the program accessibility self-evaluation. As contracts are renegotiated, accessibility requirements should be addressed in the contracts.

TRANSITION PLANS

As discussed in Chapter Three, both Title II and Section 504 require covered entities to develop transition plans that set forth the steps necessary to make structural changes to achieve program accessibility [28 C.F.R. ? 35.150(d) and 34 C.F.R. ? 104.22(e)]. Under Title II, public entities that employ 50 or more persons were required to have developed the plan by July 26, 1992 [28 C.F.R. ? 35.150(d)(1)]. Under Section 504, all recipients of federal funds that make structural changes to achieve program accessibility were required to have developed a plan by December 3, 1977 [34 C.F.R. ? 104.22(e)].

28 C.F.R. ? 35.150(d) Transition Plan. (1) In the event that structural changes to facilities will be undertaken to achieve program accessibility, a public entity that employs 50 or more persons shall develop, within six months of January 26, 1992, a transition plan setting forth the steps necessary to complete such changes. A public entity shall provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the development of the transition plan by submitting comments. A copy of the transition plan shall be made available for public inspection.

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Scope

A Title II transition plan is required to include only programs and policies that were not previously included in a Section 504 transition plan [28 C.F.R. ? 35.150(d)(4)]. Since programs may have changed significantly since the old plan was prepared, many public entities may find it simpler to include all of their operations in the transition plan than to attempt to identify and exclude specifically those that were addressed in a previous plan [28 C.F.R. ? 35.150(d)(4) (Preamble)]. It should also be noted that public entities that are covered under Section 504 are not shielded from obligations under that statute, such as deadlines for making required structural changes, merely because they have met the Title II transition plan requirement [28 C.F.R. ? 35.150(d)(4) (Preamble)].

Contents

School systems must develop a transition plan that documents structural barriers that have been identified and how they will be removed. Required contents for the Title II transition plan include:

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pedestrian walks cross curbs en route to a building where a program is offered or to a location that provides access to public transportation [28 C.F.R. ? 35.150(d)(2) and 28 C.F.R. ?

35.150(d)(2) (Preamble)].

Participation of Persons with Disabilities in Plan Development

The Title II regulation states that public entities shall provide an opportunity for interested persons, including persons with disabilities or organizations representing individuals with disabilities, to participate in the development of transition plans by submitting comments [28 C.F.R. ? 35.150(d)(1)]. The Section 504 regulation for federally assisted programs states that the transition plan shall be developed with the assistance of interested persons with disabilities, but does not specify the method of assistance [34 C.F.R. ? 104.22(e)].

Deadline for Completion

Under the Title II regulation, structural changes must be made as expeditiously as possible, but they should have been made by January 26, 1995, which is three years from the effective date of the Title II regulation [28 C.F.R. ? 35.150(c)]. Under the Section 504 regulation, structural changes were to be made by June 3, 1980 [34 C.F.R. ? 104.22(d)].

NEW CONSTRUCTION AND ALTERATIONS

Both Title II and Section 504 require that a new or altered facility (or the part that is new or altered) be readily accessible to and usable by individuals with disabilities [28 C.F.R. ? 35.151 and 34 C.F.R. ? 104.23]. However, Section 504 and Title II have different relevant time frames that are applicable to new construction and alterations, as well as different architectural accessibility standards that constitute compliance with requirements for new construction and alterations. Also, unlike Section 504, Title II has requirements regarding curb ramps and alterations to historic properties.

28 C.F.R. ? 35.151 New construction and alterations. (a) _Design _and _construction. Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction was commenced after January 26, 1992.

Coverage Under Title II

Under Title II, public school systems currently have a choice of adopting either UFAS or ADAAG in designing, constructing, or altering facilities on or after January 26, 1992 [28 C.F.R. ? 35.151(c)]. ADAAG, which is the accessibility standard for privately owned places of public accommodation and commercial facilities under Title III of the ADA, has been adopted for interim use under Title II.

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28 C.F.R. ? 35.151(b) _Alteration. Each facility or part of a facility altered by, on behalf of, or for the use of a public entity in a manner that affects or could affect the usability of the facility or part of the facility shall, to the maximum extent feasible, be altered in such manner that the altered portion of the facility is readily accessible to and usable by individuals with disabilities, if the alteration was commenced after January 26, 1992.

It is important to note that on June 20, 1994, the ATBCB published in the Federal Register an interim final rule which proposes that ADAAG be supplemented to include additional standards for state and local government facilities. On the same day, the Department of Justice published in the Federal Register a notice of proposed rulemaking which proposes that the Title II regulation be amended to adopt ADAAG, as revised in the ATBCB's interim final rule, as the ADA Standards for new construction and alterations covered by Title II. The ADA Standards would apply to facilities designed, constructed, or altered after the effective date of the amendment to Title II. Both proposed rules provide a 60-day comment period. Upon review of comments, the Department of Justice may publish a final rule to amend the Title II regulation to reference the new ADA Standards.

Coverage Under Section 504

For buildings constructed or altered on or after June 3, 1977, but prior to January 18, 1991, recipients of federal financial assistance are deemed to be in compliance with the Section 504 regulation through compliance with the American National Standards Institute (ANSI) Standards A117.1--1961 (R 1971) or substantially equivalent standards [34 C.F.R. ? 104.23(c)]. Effective January 18, 1991, the ANSI standards were superseded by UFAS. All new construction and alterations to existing facilities made after January 18, 1991 must meet the minimum requirements of UFAS to be deemed in compliance with Section 504. In addition, while the Section 504 regulation provides that compliance with the provisions of UFAS constitutes compliance with the provisions of Section 504, the Department of Justice has taken the position that compliance with ADAAG would also constitute compliance with Section 504 requirements. Thus, a recipient could opt to comply with the ADAAG standards and would be in compliance with both Section 504 and Title II.

28 C.F.R. ? 35.151(c) _Accessibility _standards. Design, construction, or alteration of facilities in conformance with the Uniform Federal Accessibility Standards (UFAS) (Appendix A to 41 CFR part 101-19.6) or with the Americans with Disabilities Guidelines for Buildings and Facilities (ADAAG) (Appendix A to 28 CFR part 36) shall be deemed to comply with the requirements of this section with respect to those facilities, except that the elevator contained in ? 4.1.3(5) and ? 4.1.5(1)(j) of ADAAG shall not apply. Departures from particular requirements of either standard by the use of other methods shall be permitted when it is clearly evident that equivalent access to the facility or part of the facilities is thereby

provided.

At the present time, a public entity is free to adopt either UFAS or ADAAG in constructing each of its facilities. However, once the choice of standards has been made, the entity must consistently utilize the standard in the construction of the particular facility for which it was adopted. For example, a public entity may not follow ADAAG on one floor of a new building and then follow UFAS on the next floor [__The Americans with Disabilities Act Title II Technical Assistance _Manual, U.S. Department of Justice, November 1993, page 23].

Because it is anticipated that the Title II regulation will be amended in the near future to reference the new ADA Standards, and because compliance with ADAAG would constitute compliance with Section 504 requirements, this Guide suggests that, with respect to new construction and alterations that are in only the planning and design stages, school districts adopt ADAAG when constructing or renovating the facilities.

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Coverage Under Both Title II and Section 504

As discussed earlier in the chapter, a public entity covered under both Title II and Section 504 could operate a facility that would be an _existing facility under Title II and yet constitute _new _construction under Section 504 (e.g., where a facility was built before January 26, 1992, but on or after June 3, 1977). In these cases, public entities that are also recipients of federal financial assistance must meet the program accessibility requirements for existing facilities under Title II as well as the accessibility standards for new construction under Section 504.

ADAAG and UFAS

Both ADAAG and UFAS are based on model design standards generated by the American National Standards Institute and, as a result, have a similar format. However, while the requirements of ADAAG and UFAS are generally consistent, there are a number of significant differences. For example, ADAAG contains requirements for TDDs in new construction, while UFAS does not [? 4.1.3(17)(c), __Americans with Disabilities Act Accessibility Guidelines for Buildings and _Facilities (1991)]. Unlike UFAS, ADAAG requires Braille on signs designating permanent rooms and spaces (e.g., rest room signs, room numbers, exit signs) and on elevator hoistway entrances and elevator car control indicators [? 4.1.2(7), ? 4.1.3(16)(a), ? 4.30.4, ? 4.10.5, and ? 4.10.12(2), __Americans with Disabilities Act Accessibility Guidelines for Buildings and _Facilities (1991]. There are also differences in the requirements concerning seating and assistive listening systems in assembly areas, the number of accessible check-out aisles in mercantile facilities, and the spacing between the top of handrail gripping surfaces and ramp surfaces [? 4.1.2(18), ? 4.33.3, ? 4.33.7, ? 7.3 and ? 4.8.5(5), __Uniform Federal Accessibility _Standards and ? 4.1.3(19), ? 4.33.3, ? 4.33.7, ? 7.3 and ? 4.8.5(5), __Americans with Disabilities Act Accessibility Guidelines for Buildings and _Facilities (1991)].

Public school systems that choose to follow ADAAG are not entitled to the elevator exemption contained in ADAAG [28 C.F.R. ? 35.151(c)]. Under ADAAG, elevators are not required in facilities that have fewer than three stories or fewer than 3000 square feet per story [? 4.1.6(1)(k)(i), __Americans with Disabilities Act Accessibility Guidelines for Buildings and _Facilities (1991)]. The Title II regulation does not permit the application of a lesser standard than Section 504. Since the elevator exemption results in application of a lesser standard, it therefore does not apply when public entities follow ADAAG [28 C.F.R. ? 35.151(c) (Preamble)].

Due to the existence of a wide range of disabilities that vary in severity, it is important to understand that ADAAG and UFAS requirements are _minimum accessibility requirements. There may be situations when a facility may not be accessible to a particular person with disabilities even though the institution is adhering to

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the minimum requirements specified in ADAAG or UFAS. For example, the standard height of 17-19 inches for a water closet (toilet) specified in ADAAG and UFAS may be too high for an individual who is of small stature, or the specifications for grab bar heights may be too high to accommodate the transfer techniques of some individuals.

A district's adherence to ADAAG or UFAS does not relieve it of its obligation under Title II and Section 504 to make its program accessible to a particular individual. As discussed earlier, the program accessibility provisions of Title II and Section 504 require that no qualified person with a disability be denied access to a covered entity's facility because it is inaccessible to or _unusable _by individuals with disabilities. In the situation just described, while the water closet is accessible, it may be _unusable by particular individuals. Modifications would be required to make the water closet usable by these individuals, unless those modifications would impose an undue burden on the district.

Questions are frequently asked concerning the actions that a school district should take if neither ADAAG nor UFAS contain specific standards for a particular type of facility. In such cases, the technical requirements of the chosen standard should be applied to the extent possible. If no standard exists for particular features, those features need not comply with a particular design standard. However, the facility must still be designed and operated to meet other Title II and Section 504 requirements, including program accessibility.

Example: What accessibility requirements apply in this instance?

A school district is designing and constructing a playground. Because there are no ADAAG or UFAS standards for playground equipment, the equipment need not comply with any specific design standard. The Title II and Section 504 requirements for equal opportunity and program accessibility, however, may obligate the school district to provide an accessible route to the playground, some accessible equipment, and an accessible surface for the playground.

Curb Ramps

Unlike Section 504, the Title II regulation requires that newly constructed or altered streets, roads, and highways contain curb ramps or other sloped areas at any intersection having curbs or other barriers to entry from a street-level pedestrian walkway [28 C.F.R. ? 35.151(e)(1)]. In addition, newly constructed or altered street-level pedestrian walkways must contain curb ramps or other sloped areas at intersections to streets, roads, or highways [28 C.F.R. ? 35.151(e)(2)]. These provisions will likely affect few school districts.

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Alterations to Historic Properties

Title II also provides that alterations to historic properties must comply, to the maximum extent feasible, with the special access provisions for historic properties established by section 4.1.7 of UFAS or section 4.1.7 of ADAAG [28 C.F.R. ? 35.151(d)(1)]. Under those provisions, alterations should be done in full compliance with the alterations standards for other types of buildings. However, if following the usual standards would threaten or destroy the historic significance of a feature of the building, alternative standards may be used.

The decision to use alternative standards for a particular feature must be made in consultation with the appropriate historic advisory board designated in ADAAG or UFAS, and interested persons should be invited to participate in the decision-making process. In rare situations, complying with even these minimal alternative requirements will threaten or destroy the historic significance of a feature of the building or facility. In such a case, the public entity need not make the structural changes required by ADAAG or UFAS, but alternative nonstructural methods of achieving access must be provided (i.e., using audiovisual materials and devices to depict portions of a historic property that cannot otherwise be made accessible) [28 C.F.R. ? 35.151(d)(2)].

MAINTENANCE OF ACCESSIBLE FEATURES

Under the Title II regulation, public school systems must maintain in working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities under the ADA [28 C.F.R. ? 35.133(a)]. Inoperable elevators, locked accessible doors, or "accessible" routes that are obstructed by furniture, filing cabinets, or potted plants are neither "accessible to" nor "usable by" individuals with disabilities [28 C.F.R. ? 35.133 (Preamble)]. The Section 504 regulation does not contain a comparable provision concerning the maintenance of accessible features.

28 C.F.R. ? 35.133 Maintenance of accessible features. (a) A Public accommodation shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities by the Act or this part.

It should be noted that the Title II requirement regarding the maintenance of accessible features does not prohibit temporary obstructions or isolated instances of mechanical failure [28 C.F.R. ? 35.133(b) (Preamble)]. Isolated or temporary interruptions in service or access due to maintenance or repairs are also not prohibited [28 C.F.R. ? 35.133(b)]. However, allowing obstructions or "out of service" equipment to persist beyond a reasonable period of time would violate this requirement, as would repeated mechanical failures due to improper or inadequate maintenance [28 C.F.R. ? 35.133 (Preamble)].

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Example: Is this school district complying with its obligation to maintain accessible features?

A school district installs a lift in order to provide access for persons with mobility impairments to an auditorium stage. The lift is currently not in service, but it is being repaired. The lift has been out of service for a few hours.

Since the lift normally is functional and reasonable measures are being taken to repair it, the district is in compliance with its obligation to maintain accessible features. However, if district officials allow the lift to remain in disrepair for an unreasonably long period of time, then the district may be in violation of the maintenance of accessible features requirement.

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IMPLEMENTATION

Conducting the Program and Facility Access Review

This section provides suggestions for the following activities:

Title II prohibits public entities from excluding people with disabilities from programs, services, or activities because of inaccessible facilities. In order to ensure program accessibility, it is recommended that each school system conduct a program and facility access review. The findings of this review will form the basis for completing the transition plan and identifying nonstructural and structural changes needed to ensure program accessibility.

The recommended approach to conducting the program and facility access review begins with careful planning, including the designation and training of the subcommittee that will coordinate the program and facility access review. A review of programs is conducted to evaluate the scheduling and space requirements of each program. Next, all existing facilities in which the school system operates programs are surveyed to identify the physical obstacles or barriers to the participation of people with disabilities. Findings from the program review are used in conjunction with the assessment of facilities to identify barriers to program participation.

The subcommittee then identifies nonstructural and structural solutions for the removal of barriers and determines the best solution to program access barriers in each situation. Nonstructural solutions must be implemented immediately. Physical access problems that require structural solutions are documented in the transition plan.

An overview of this process is depicted on the flowchart on the following [print] page.

The regulations do not required the specific approach to the program accessibility self-evaluation that is described in this Guide. Your school system's particular approach will depend on such factors as the size of the district (i.e., the number of programs and facilities operated by the district), available sources of expertise concerning architectural accessibility, staff resources, and available time and funding. However, the strategy suggested here is a proven, practical approach to carrying out the steps necessary for most public school systems to achieve compliance.

Each of these steps is discussed below. Worksheets designed to be utilized as part of the self-evaluation process are also discussed.

Prepare to Conduct the Review

The following planning steps (presented on [print] page 178) will help school districts prepare to conduct a program accessibility self-evaluation and develop a transition plan:

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Conducting the Program and Facility Access Review

PREPARATION

Select coordinator and subcommittee

Orient and/or train subcommittee members

Ensure participation of persons with disabilities

Conduct review of programs

Identify spaces to be surveyed

Choose a survey instrument

Establish self-evaluation schedule

Recruit and train facility access review team

FACILITIES REVIEW

Identify barriers in existing buildings

ANALYSIS

Identify nonstructural and structural solutions

Project long-term and short-term costs

Document fundamental alteration/undue burden decisions

PLANNING

Prepare a draft transition plan

Solicit comments

Adopt and implement the final plan

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-- Select a coordinator and a subcommittee to review program and facility access.

1. __Select a coordinator and a subcommittee to review program and facility _access. The starting point for the program accessibility self-evaluation is to appoint an appropriate individual to coordinate the effort and to select a subcommittee responsible for overseeing the program and facility access review. The subcommittee should include staff with significant expertise to contribute to the review process. Persons commonly included on the subcommittee include regular and special education senior staff, senior staff with capital planning responsibilities, facilities managers, maintenance supervisors, members of local organizations of individuals with disabilities, architectural access professionals, and individuals responsible for planning and scheduling events. The school district also may want to establish separate teams to conduct the program review and the facility access review, respectively. In addition, the school district may want to establish subteams of these two separate teams at program sites.

Worksheet 6-1 may be used to compile a list of individuals who are serving on the subcommittee overseeing your school district's program and facility access review. The names and titles of individuals should be provided. Information may also be provided regarding the unit they are representing and the particular skills they are contributing to the program and facility access review.

2. __Orient and/or train individuals coordinating and conducting the _review. All persons coordinating and conducting the review should be fully informed about the Title II and Section 504 requirements concerning program accessibility. If at all possible, they should attend training on program accessibility. At a mini-

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mum, they should receive a detailed briefing from the ADA coordinator or another equally informed person.

3. __Ensure the participation of persons with _disabilities. This participation can occur in a variety of ways. An initial meeting or series of meetings to identify concerns related to program accessibility can spur thinking regarding the review process. Individuals with disabilities can often identify key issues that may not be readily apparent to staff members who do not have disabilities. Persons with disabilities can also serve as members of the program accessibility subcommittee. The perspectives of persons with disabilities on the impact and relative importance of the barriers to program accessibility will be essential. Often, they can propose solutions that others might not identify.

Persons with disabilities who are familiar with the school district's programs should also review and comment on drafts of the transition plan. Their recommendations on priority-setting, the selection of nonstructural and structural options, and the timing of modifications will be invaluable as the plan is implemented. The transition plan should document the ways in which persons with disabilities, or representatives of organizations comprised of persons with disabilities, participated at each phase of the program and facility access review process.

4. __Conduct the review of _programs. Since the goal of the review process is to ensure access to all programs rather than to all facilities, it is essential to gather information on programs as well as facilities. In order to plan such nonstructural approaches to program accessibility as the reassignment or relocation of programs, the program accessibility subcommittee will need to know the following information:

a. __The current building and location within the building of each _program. Facility access information will not be useful without an understanding of how physical features affect program access.

b. _Program _scheduling _requirements. Patterns of usage are of great importance in developing accessibility solutions. For example, a program that uses an accessible facility on a limited basis may be able to share the use of the space with another program. Such a solution may be more cost-effective than making structural alterations to a second facility.

c. _Program _space _requirements. How much space does each existing program actually need and what kind of space is required? Information about the space requirements of programs is critical as options for providing program accessibility are considered.

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Worksheet 6-2 may be used to record information about the scheduling and space requirements of programs and the current locations of programs.

5. __Identify the spaces to be _surveyed. Facilities that should be included in the facility access review must be identified. The facility access survey is most efficiently conducted by looking at all facilities and their uses simultaneously. A coordinated facility access review and program review can more efficiently result in program accessibility by providing the information to enable problem solving across program lines.

All facilities that contain programs operated by or for your school system must be reviewed. This includes buildings owned or leased by your district, as well as parks, outdoor areas, walkways and any other facilities used in the operation of programs.

Worksheet 6-3 may be used to compile information, by building, about the requirements of programs and the current locations of programs in order to select the best self-evaluation survey instrument and plan for the facility access review. A space is included where the subcommittee can note the specific person or team responsible for conducting the on-site survey of a particular structure. Any planned capital improvements to buildings should also be noted on Worksheet 6-3.

6. __Choose a self-evaluation survey _instrument. A number of self-evaluation survey instruments are available. The Facility Checklist (Worksheet 6-4), which is based on the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG), is a modular tool that has been created for use by Title II entities. The ADAAG Checklist (also based on the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities) is a more detailed survey tool available from the Architectural and Transportation Barriers Compliance Board. For further information, contact the ATBCB. (See _Resources.) Any facility access survey instrument that is chosen should not only evaluate access for people with mobility-related disabilities but should also identify structural barriers for people with visual and hearing disabilities.

Obviously, a school system with significant resources and expertise will be able to conduct a more detailed and comprehensive facility review than one with fewer resources. Entities with more limited resources can use a comparatively "low-tech" approach handwritten survey forms instead of computerized data bases and more limited staff involvement--and still accomplish the same objectives. Whichever approach is chosen, the facility access review should be managed by the program accessibility subcommittee.

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7. __Establish a schedule for the _self-evaluation. Establish a reasonable schedule for the completion of work and ensure that team members conduct assessments on a timely basis by monitoring their progress.

8. __Train the facility access review _team. The facility

access review team should be familiar with the basic program accessibility requirements of Title II and Section 504, as well as with the survey and data collection instruments they will be using. Usually such training is conducted in-house, but outside training may be available and useful.

Conduct the Facility Access Review

The facility assess review team should have the following items available when undertaking site reviews:

Although the Facility Checklist that is presented in Worksheet 6-4 is based on ADAAG, it is not designed for a comprehensive

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evaluation of compliance with ADAAG's complete scoping and technical requirements. Rather, the survey questions that appear on the Checklist are designed to ensure that functional access is provided for persons with disabilities to most facilities. Also, some items on the Checklist require users to refer to ADAAG for particular specifications. Users of the Checklist should therefore be aware that they should check the ADAAG requirements themselves, independent of their use of the Checklist.

Although the appropriate standard for existing facilities is program accessibility rather than full compliance with facility standards such as ADAAG, the ADAAG standards do provide useful guidance for identifying architectural barriers. However, it is important to note that the ADAAG standards do not establish the minimum requirements for providing program access, and failure to comply with the ADAAG standards does not necessarily indicate a violation of Title II or Section 504 and does not necessarily require any corrective action. Rather, for existing facilities under Title II and Section 504, the real question is whether the covered entity's programs and activities, when viewed in their entirety, are readily accessible to and usable by individuals with disabilities.

It is important to note that the specifications in ADAAG, including those presented in the Facility Checklist, are based upon adult dimensions and anthropometrics. However, the Title II and Section 504 requirements both provide that departures from particular requirements of architectural accessibility standards for new construction and alterations by the use of other methods are permitted when it is clearly evident that equivalent access to the facility or part of the facility is thereby provided [28 C.F.R. ? 35.151(c) and 34 C.F.R. ? 104.23(c)]. Consistent with the concept of "equivalent facilitation," modifications may be made to the adult dimensions of particular requirements of ADAAG in order to better serve small children (e.g., the height of chairs, the height of tops of tables and work surfaces, the height of toilet seats, the height of drinking fountains, and the height of the top of handrail gripping surfaces).

Worksheet 6-4, Facility Checklist, is a modular survey tool that can be used to identify architectural barriers, as well as communication barriers, that are structural in nature and limit program access. As noted above, other survey instruments may also be used, such as the more exhaustive ADAAG Checklist.

Worksheet 6-5, Summary of Program Barriers, is used to document physical access barriers of programs. In order to be able to more efficiently analyze solutions to program accessibility barriers, information from Worksheet 6-2 regarding the special requirements of programs can also be documented on Worksheet 6-5.

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Worksheet 6-6, Summary of Inaccessible Features, is used to summarize information about barriers identified in the survey of each facility and to analyze their impact on the accessibility and usability of the facility. Worksheet 6-6 utilizes the following scale in analyzing the impact of barriers to program accessibility: (1) safety hazard; (2) major barrier; (3) moderate barrier; and (4) negligible impact. It is easier to identify safety hazards, such as an object protruding into the path of travel, or major barriers, such as the lack of an accessible entrance, than it is to decide what level of impact a barrier has. Because people with disabilities bring a user perspective which is essential to this analysis, it is strongly suggested that individuals with disabilities participate in scoring items on the four-point scale and in developing brief descriptions of the functional impact of barriers.

Analyze Program Access Options

After the facility access review has been conducted and barriers have been identified at each program site, the program accessibility subcommittee is ready to assess findings. The subcommittee ensures that information is summarized to facilitate analysis. Summaries indicate where substantial physical barriers intersect with program operations to create barriers to access and use.

Next, subcommittee members identify potential structural and nonstructural solutions for program barriers, evaluating proposed solutions in terms of their relative cost and effectiveness in providing access. This requires a team effort, especially when programs are conducted in multiple facilities. All key persons should be involved as solutions are sought in order to avoid implementation barriers later.

Steps that must be accomplished include:

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can create program accessibility, nonstructural methods are equally acceptable and should be considered before structural changes. The Department of Justice and the Department of Education encourage innovation and creativity in eliminating barriers--as long as the means used provide people with disabilities equal opportunity to participate in and benefit from the school district's programs.

For each program or service identified as inaccessible, the program accessibility subcommittee should brainstorm and create a list of the possible access solutions to afford program access. The solutions may include:

2. __Project long-term and short-term _costs. As desired options are analyzed, the subcommittee should consider both the short- and long-term costs of each option as well as the sources of funds. The school district may have funds available for operations but not for capital improvements or vice versa. Existing capital or alteration plans should be considered in estimating costs. Making structural changes may be less difficult than anticipated when considered in the context of capital or alteration plans that are already scheduled or in process. Some structural solutions may be small in scale and able to be accomplished through operations budgets.

3. __Document fundamental alteration/undue burden _decisions.

If there are any situations in which barriers were not removed by January 26, 1995 (the final date for completion of modifications included in the transition plan)--or will not ever be removed because to do so would constitute a fundamental alteration in the nature of the program, service, or activity, or impose undue financial or administrative burdens--justification must be documented. The fundamental alteration/undue burden determination must be made by the head of the public entity or his or her designee [28 C.F.R. ? 35.150(a)(3)].

This Guide presents three worksheets that school districts may want to use in order to analyze and select nonstructural and structural solutions to ensure program accessibility. Also, one of the worksheets may be used to document fundamental alteration/undue burden determinations.

Worksheet 6-7, a transition planning worksheet, may be used to determine whether physical accessibility barriers should be removed through nonstructural or structural modifications. Information collected on previous worksheets should assist the program accessibility subcommittee in analyzing the potential effectiveness of nonstructural barrier removal options in achieving program accessibility.

Worksheet 6-8 may be used to provide a summary of nonstructural modifications. It also includes a schedule for making nonstructural changes. Under Title II, nonstructural changes were to be made by January 26, 1992.

Worksheet 6-9A may be used to document architectural modifications and their costs. It also includes a schedule for making architectural modifications.

If applicable, Worksheet 6-9B may be used to list the locations of curb cuts and curb ramps needed to provide access to the sidewalks and pedestrian walks controlled by the school district. A single unit cost can be estimated

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unless there are unusual site conditions requiring extensive ramping. An estimated completion date for each curb ramp and curb cut should also be entered. It is useful to attach a map of the streets and walkways to Worksheet 6-9B. Worksheet 6-9B can then list numbers corresponding to numbered locations on the map.

Worksheet 6-9C may be used to document structural modifications that cannot be implemented in a timely manner for reasons of "fundamental alteration" or "undue burden." For structural modifications that could not be implemented by January 26, 1995, documentation should be provided regarding the reason for the delay and the anticipated completion date. For program accessibility barriers that will not be removed, documentation should be provided regarding the budgetary constraints or other factors that support the fundamental alteration/undue burden claim. Steps to be taken in lieu of barrier removal should be described.

Develop the Transition Plan

Worksheet 6-9 provides the basis for the development of the transition plan. The development of the transition plan should occur in a three-step sequence:

The draft should be circulated for review and comment to individuals from a broad range of perspectives.

An important component of the transition plan is the timetable for structural modifications. To ensure that modifications are made in a timely manner consistent with the requirements of Title II, the school district's periodic capital planning and budgeting process must go hand-in-hand with the development of the final transition plan. Barrier removal projects can often be planned to coincide with other scheduled capital improvements. The involvement of facilities management staff as the transition plan is finalized is essential for cost-effective implementation and ongoing capital planning. School districts must also ensure that new construction and alterations proceed in accordance with Title II and Section 504 requirements. Incorporating access into

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planned rehabilitation and new construction is far more cost-effective than retrofitting inaccessible buildings.

2. __Solicit comments on the draft transition _plan. Interested persons, including individuals with disabilities or organizations representing individuals with disabilities, must be given an opportunity to comment on the proposed plan. Though not required by Title II, a public meeting is an effective way of providing people with disabilities, organizations representing individuals with disabilities, and other interested parties an opportunity to comment on and discuss the transition plan. An actively involved advisory group comprised of individuals with disabilities is another way to get participation in the development of the transition plan.

3. __Adopt and implement final _plan. To complete the transition plan, revise the draft as necessary in response to comments, attach a copy of Worksheets 6-7 and 6-9 and any other supporting documentation as appendices, secure approval as necessary within the school district, and have the official responsible for implementation sign the final transition plan. The approved plan should be put into effect immediately. Be sure to clarify who is responsible for monitoring the plan as it is implemented and ensuring that deadlines are met.

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Worksheet 6-1

PROGRAM ACCESSIBILITY SUBCOMMITTEE

SCHOOL DISTRICT: ----

NAME (ADA COORDINATOR): ---- ORGANIZATIONAL UNIT: ----

TELEPHONE: ---- DATE: ----

NOTES: ----

Use this worksheet to identify individuals who are serving on the subcommittee overseeing your school district's program and facility access review. In the first column, write the name of the individual; in the second column, write the title of the individual. In the third column, information may be provided regarding the unit individuals are representing, if appropriate, and particular skills individuals are contributing to the program and facility access review.

Members of the Program Accessibility Subcommittee

In this empty table, columns follow each other in this order: Name: Title; Unit Represented/Skills.

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Worksheet 6-2

PROGRAM INVENTORY

SCHOOL DISTRICT: ----

WORKSHEET COMPLETED BY: ---- ORGANIZATIONAL UNIT: ----

TELEPHONE: ---- DATE: ----

NOTES: ----

Record information on all programs offered by the school district. Identify all special scheduling and space requirements under "Description."

In this empty table, columns follow each other in this order: Program: Description (Include special scheduling and space requirements); Building; Location (in building).

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Worksheet 6-3

FACILITIES INVENTORY

SCHOOL DISTRICT: ----

WORKSHEET COMPLETED BY: ---- ORGANIZATIONAL UNIT: ----

TELEPHONE: ---- DATE: ----

NOTES: ----

For each building, identify any currently planned capital improvements and identify all programs currently located within the building. Give the name of the surveyor currently assigned to that building.

In this empty table, columns follow each other in this order: Building: Planned Capital Improvements; Programs; Program Location(s); Surveyor.

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Worksheet 6-4

FACILITY CHECKLIST

SCHOOL DISTRICT: ----

WORKSHEET COMPLETED BY: ---- ORGANIZATIONAL UNIT: ----

TELEPHONE: ---- DATE: ----

NOTES: ----

Parking

General Area/Building: ---- Date: ---- Reviewer: ----

In this table, columns follow each other in this order: Questions: In Compliance? (Y, N, NA); Dimensions/Comments; ADAAG.

Is there an adequate number of accessible parking spaces available?: * --; --; 4.1.2(5)(a), 4.6.1.

* For guidance in determining the appropriate number of accessible space to provide, the table below gives the ADAAG requirements for new construction and alterations (for lots with more than 100 space, refer to ADAAG 4.1.2(5)(a)) [columns follow each other in this order: Total spaces: Accessible.]:

1 to 25: 1 space.

26 to 50: 2 spaces.

51 to 75: 3 spaces.

76 to 100: 4 spaces.

Are accessible parking spaces at least 8 feet wide, with a 5-foot access aisle (two spaces can share an access aisle)?: --; --; 4.6.3, 4.1.2(5)(a).

Is one in every 8 spaces, but at least one, van-accessible with a 96-inch wide access aisle, and 98 inches of vertical clearance?: --; --; 4.1.2(5)(b), 4.6.5.

Are the access aisle part of the accessible route to an acce