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The Department of Treasury Inter Departmental Account provides funding for the purpose of accessibility compliance of the Americans With Disabilities Act, (ADA), Title II requirements.

This correspondence is to provide guidelines and procedures for state agencies to follow when requesting funding from the Department of Treasury Office of Disabilities Management Statewide Americans With Disabilities Act Compliance project account (ADA Account).

I. General Background of Title II, ADA

Title II of the Americans with Disabilities Act (ADA) is to protect qualified individuals with disabilities from discrimination of the basis of disability in access to services, programs or activities of all state and local governments. In order to comply with the requirements outlined in this Title, every state and local government was required to complete a Self-Evaluation Plan by January 26, 1993. The self-evaluation was a process in which state government assesses its current policies and practices. The purpose of the self-evaluation process was to identify and correct those policies, procedures and practices which directly or potentially exclude people with disabilities from participating in any state government sponsored programs or services.

Once a public entity has identified policies or practices that denies or limits the participation of individuals in its programs or activities, it should take corrective action to eliminate the impediments to attain full and equivalent participation. The plan should have outlined needed changes and a method to execute these changes.

Where structural modifications are required to achieve program accessibility and no other options are available, a public entity must develop a corrective action plan that provides for the removal of these barriers.

The corrective action plan should contain, at a minimum:

  • a list of the physical barriers in a public entity's facility that limit the accessibility of its programs, activities or services to individuals with disabilities.
  • a detailed outline of the methods to be utilized to remove these barriers and make the facilities accessible.

II. Requirements to Develop the ADA Funding Projects

The primary goal of ADA compliance project funding is to provide for people with disabilities in the most cost effective manner. In order to develop a viable ADA project, the following requirements must be met:

  • Identify a public entity or facility that should take corrective action to eliminate the impediments that would lead to full and equal participation if those impediments did not exist.
  • Identify a physical barrier in a public entity or facility that limit the accessibility of its programs, activities or services to individuals with disabilities. Outlined method to be utilized to remove these barriers and make these facilities accessible.
  • Utilize the "level of accessibility" worksheet to determine the physical change needed versus programmatic access in the individual element. Levels of accessibility are determined by evaluating the usability of certain physical characteristics such as slope of paths, surface materials and safety features. The accessibility level will assist to identify the physical barriers in the areas of parking, pathways, entrances, building interiors, toilet rooms, elevators and drinking fountains.

III. Priority

Projects recommended for funding will be prioritized using the following criteria:

  1. Priority I - High Public Use Areas
  2. Priority II - Providing for the best possible access, both geographically and programmatically within the public entity or facility itself.

IV. Procedures for Requesting the Funding

The following procedures are to be used when requesting funds from the Department of Treasury ODM Statewide Americans With Disabilities Act (ADA) Compliance Account:

  1. Agencies shall submit requests to the Office of Disabilities Management (ODM), 9th Floor, P.O. Box 34, Trenton, NJ 08625-0034.
  1. Request must include:

    1. Type of priority.
    2. The project location(s) -- identifying facility and/or building(s).
    3. Identify the proposed project in relation with the self-evaluation plan for the programs, services and activities used in the facility.
    4. Conceptual estimate costs -- providing consultant design fees, construction cost, other fees and contingencies, etc.
    5. Estimated project duration -- identifying starting date and completion date for design and construction.
    6. Site visit by ODM.

  2. All funding requests will be reviewed and approved by ODM.

  3. An approval letter authorizing required funds will be issued by ODM to Fiscal Section of the Department of Treasury. A copy of this letter will be sent to the department or agency. The Fiscal Section of the Department of Treasury will establish requisition (RD transaction) for Office of Construction Services (OCS) projects or reserve funds for agency projects (AO transaction).

For OCS Projects

  1. The department or agency shall submit the OCS Project Alert Form along with Fund Approval , Letter from ODM to OCS to initiate the capital construction process.
  2. Fiscal Section of the Department of Treasury will electronically submit an RD transaction through NJCFS to OCS to establish an OCS Project Number and begin capital construction process.
  3. Approved projects will be considered as Department of Treasury/Agency/ODM projects. ODM will have the responsibility to monitor the progress of the project in terms of project budget and schedules, and to review project scope of work and design documents.
  4. Upon completion of a project, all balances will be returned to the ODM/ Statewide ADA compliance account.

For Agency Projects

  1. The department or agency, with assistance from ODM, will be responsible for the following tasks:
    1. Establishing agency project number.
    2. Identifying account number for the project.
    3. Developing project scope
    4. Soliciting consultants and contractors to bid the project.
    5. Awarding the project to consultant or contractor.
  2. As soon as the project is awarded, the department or agency shall submit the total amount of the contract to ODM for process to release the reserved funds through the Fiscal Section of the Department of Treasury.
  3. The Fiscal Section of the Department of Treasury will prepare an AO for the agency project from the ODM Statewide ADA compliance account.
  4. Upon completion of a project, all balances will be returned to the ODM Statewide ADA compliance account.

For additional information or assistance, please contact:

David M. Millstein, ADA Administrator
Office of Disabilities Management
(609) 292-7299
   

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