| Q. |
What
is a disability? |
| A. |
A disability is physical
or mental impairment that
substantially limits a
major life activity. Major
life activities may include
but are not necessarily
limited to life functions
such as caring for oneself,
performing manual tasks,
walking, seeing, hearing,
speaking, breathing and
learning.
|
| |
|
| Q. |
What
are some statistics of
disability populations
in New Jersey by county
and Metropolitan Planning
Organizations (MPOs)? |
| A. |
The New Jersey Department
of Transportation (NJDOT)
utilizes data from the American
Community Survey, which provides
up-to-date information about
the social and economic needs
of communities; how people
live -- our education, housing,
jobs etc.
An MPO is a federally-mandated
and federally-funded transportation
policy-making organization
in the United States that
is made up of representatives
from local governments
and governmental transportation
authorities. New Jersey
has three MPOs which represent
the corresponding 21 counties:
South Jersey Transportation
Planning Organization (SJTPO)
- Atlantic, Cape May, Cumberland
and Salem Counties; North
Jersey Transportation Planning
Authority (NJTPA) - Bergen,
Essex, Hudson, Hunterdon,
Middlesex, Monmouth, Morris,
Ocean, Passaic, Somerset,
Sussex, Union and Warren
Counties; Delaware Valley
Regional Planning Commission
(DVRPC) - Burlington, Camden,
Gloucester and Mercer Counties.
|
| |
|
| Q. |
Does
the Americans with Disabilities
Act (ADA) apply to State
and local governments? |
| A. |
Yes. Title II of the ADA
applies to all State and
local governments, their
departments and agencies,
and any other special purpose
districts of State or local
governments. It explains
the requirements of Section
504 of the Rehabilitation
Act of 1973 for public transportation
systems that receive Federal
financial assistance, and
extends coverage to all public
entities that provide public
transportation, whether or
not they receive Federal
financial assistance. It
establishes detailed standards
for the operation of public
transit systems, including
commuter and intercity rail
(AMTRAK). |
| |
|
| Q. |
When
did the requirements for
State and local governments
become effective? |
| A. |
They became effective on
January 26, 1992. |
| |
|
| Q. |
How
does Title II affect participation
in a State or local government's
programs activities and
services? |
| A. |
A State or local government
must eliminate any eligibility
criteria for participation
in programs, activities and
services that screen out
or tend to screen out persons
with disabilities, unless
it can establish that the
requirements are necessary
for the provision of the
service, program or activity.
The State or local government
may adopt valid safety requirements
necessary for safe operation
if they are based on real
risks, not stereotypes or
generalizations about individuals
with disabilities. A public
entity must reasonably modify
its policies, practices or
procedures to avoid discrimination.
If the public entity can
show specific modification
would essentially alter the
nature of its service, program
or activity, it is not required
to make that modification. |
| |
|
| Q. |
Does
Title II cover a public
entity's employment policies
and practices? |
| A. |
Yes. Title II prohibits
all public entities, regardless
of the size of their work
force, from discriminating
in employment against qualified
individuals with disabilities.
In addition to Title II's
employment coverage, Title
I of the ADA and Section
504 of the Rehabilitation
Act of 1973 prohibit employment
discrimination against qualified
individuals with disabilities
by certain public entities. |
| |
|
| Q. |
What
changes must a public entity
make to its existing facilities
to make them accessible? |
| A. |
A public entity must ensure
that individuals with disabilities
are not excluded from services,
programs and activities because
the existing buildings are
inaccessible. A State or
local government's programs,
when viewed in their entirety,
must be readily accessible
to and usable by individuals
with disabilities. This standard,
known as "program accessibility,"
applies to facilities of
a public entity that existed
on January 26, 1995. Public
entities do not necessarily
have to make each of the
existing facilities accessible.
They may provide program
accessibility by a number
of methods including alteration
of existing facilities, acquisition
or construction of additional
facilities, relocation of
a service or program to an
accessible facility or provision
of services at alternate
accessible sites. |
| |
|
| Q. |
When must structural
changes be made to attain
program accessibility? |
| A. |
Structural changes needed
for program accessibility
were to be made as fast as
possible, and no later than
January 26, 1995. A public
entity that employs
50 or more persons must have
developed a transition plan
by July 26, 1992, setting
forth the steps necessary
to complete such changes. |
| |
|
| Q. |
What
is a Self-Evaluation? |
| A. |
A Self-Evaluation (pdf
101k) is a
public entity's assessment
of its current policies and
practices. The self-evaluation
identifies and corrects those
policies and practices that
are inconsistent with Title
II's requirements. All public
entities must have completed
a self-evaluation by January
26, 1993. A public entity
that employs 50 or more employees
must retain its self-evaluation
for three years. Other public
entities are not required
to retain their self-evaluations,
but are encouraged to do
so because these documents
evidence a public entity's
good faith efforts to comply
with Title II's requirements. |
| |
|
| Q. |
What
is a Transition Plan? |
| A. |
The public agency must
develop a Transition
Plan (pdf
382k)
| Executive
Summary (pdf 84k) addressing
deficiencies identified in the Self-Evaluation.
This plan assesses the needs
of persons with disabilities,
and then schedules the required
pedestrian accessibility
upgrades. The Transition
Plan is to be updated periodically,
with its needs reflected
in the processes utilized
by State Departments of Transportation,
MPOs and transit agencies
to develop the Statewide
Transportation Improvement
Programs and metropolitan
Transportation Improvement
Programs. |
| |
|
| Q. |
What
does Title II require for
new construction and alterations? |
| A. |
The ADA requires that
all new buildings constructed
by a State or local government
be accessible. In addition,
when a State or local government
undertakes alterations to
a building, it must make
the altered portions accessible. |
| |
|
| Q. |
How
will a State or local government
know that a new building
is accessible? |
| A. |
State or local government
will be in compliance with
the ADA for new construction
and alterations if it follows
either of two accessibility
standards. It can choose
either the Uniform Federal
Accessibility Standards or
the Americans with Disabilities
Act Accessibility Guidelines
for Buildings and Facilities,
which is the standard that
must be used for public accommodations
and commercial facilities
under Title III of the ADA.
If the State or local government
chooses the ADA Accessibility
Guidelines, it is not entitled
to the elevator exemption
(which permits certain private
buildings under three stories
or under 3,000 square feet
per floor to be constructed
without an elevator). |
| |
|
| Q. |
How
will the ADA's requirements
for State and local governments
be enforced? |
| A. |
Private individuals may
enforce their rights under
Title II and may receive
the same remedies as those
provided under Section 504
of the Rehabilitation Act
of 1973, including reasonable
attorney's fees. Individual
may also file complaints
with eight designated Federal
agencies, including the Department
of Justice and the Department
of Transportation. |
| |
|
| Q. |
How
are ADA complaints processed? |
| A. |
All ADA complaints will
be investigated by the
Federal Highway Administration
(FHWA) Division Office
or the State Transportation
Agency (STA). 
- If the FHWA Division
Office receives an ADA
complaint directly it
will forward a copy to
the Headquarters Office
of Civil Rights for a
complaint number and
entry into the United
States Department of
Transportation's tracking
system.
- If the complaint is
against the STA, the
FHWA Division Office
will conduct the investigation
and forward the file
and investigative report
to the Headquarters Office
of Civil Rights for review
and issuance of the Letter
of Finding.
- If the ADA complaint
is against a local
entity, the FHWA Division
Office has the option
of allowing the STA to
conduct the investigation.
Upon completion of an
investigation by the
STA, the STA will forward
the file and the investigative
report to the FHWA Division
Office. The FHWA Division
Office will review
the file and investigative
report for completeness
before forwarding to
the Headquarters Office
of Civil Rights for
final review and issuance
of the Letter of Finding.
- If the STA does not
wish to investigate the
ADA complaint, then the
FHWA Division Office
will conduct the investigation.
- The Headquarters Office
of Civil Rights will
issue the Letter of Finding
to the complainant and
issue a decision Memorandum
to the FHWA Division
Office.
- The decision Memorandum
to the FHWA Division
Office will state whether
there is a finding of
compliance or non-compliance.
- If there is a finding
of non-compliance, the
Headquarters Office of
Civil Rights will provide
instructions to the FHWA
Division Office regarding
implementation of the
required corrective action.
- Whenever corrective
action is required, the
FHWA Division Office
will send a letter to
the STA or local entity
stating what corrective
action is necessary with
the designated time frames
for completion of the
action.
- The FHWA Division Office
will provide periodic
updates on the status
of the corrective action
to the Headquarters Office
of Civil Rights.
- All ADA complaints
will remain open until
all corrective action
is completed.
|
The files listed above are in Portable
Document Format (PDF). You will
need Adobe Acrobat Reader to view
the files, which is available
free from our state
Adobe Access page.
