Companion Guide to Video August 2012

www.fhwa.dot.gov/federal-aidessentials

Civil Rights

Americans with Disabilities Act

Transition Plans

The ability to 

participate in all 

aspects of civic life 

should be 

fundamental for all 

individuals in the 

United States. 

However, for 

individuals with 

disabilities, this 

fundamental aspect of life, many times, can only 

be achieved through changes to our public rights 

of way. The intent of the Americans with 

Disabilities Act of 1990 (ADA) and Section 504 

of the Rehabilitation Act of 1973 is to ensure 

nondiscrimination and access for individuals with 

disabilities. This nondiscrimination and 

accessibility applies to all programs, services, 

and activities within your community. When 

barriers exist that limit the ability of individuals 

with disabilities to fully participate, as identified 

in the self-evaluation, they must be removed. 

The self-evaluation is the assessment process 

used to identify barriers or discriminatory 

practices that prevent individuals with disabilities 

from full participation. 

The transition plan is the action plan developed 

from the results of your self-evaluation. This plan 

itemizes structural barriers and details the 

necessary steps and timetable to complete 

required modifications identified in the selfevaluation. It is a “living” document that you 

must update as often as necessary to make sure 

that all modifications have been completed.

Transition plans are vital for all local public 

agencies, or LPAs, because they serve as a 

road map to correct any and all deficiencies in 

the facilities that you own or for which you are 

responsible. This pertains to both now and in the 

future. The transition plan also specifies how 

you will provide full and equal rights to, and use 

of, your public rights-of-way to all pedestrians 

including those with disabilities.

Just as the self-evaluation requires public 

participation, the development of a transition 

plan also requires public participation. People 

with disabilities can offer important insight into

These plans identify actions needed on your projects to correct 

barriers to individuals with disabilities
Federal-aid Essentials for Local Public Agencies

key issues that may not be readily apparent to 

individuals who do not have disabilities. Their 

insight, on the proposed changes outlined in the 

transition plan, can help to evaluate the impact 

and help to establish the time frame to remove 

barriers. In keeping with the philosophy of 

transparency, it is recommended that you make 

a copy of the completed transition plan available 

for public inspection

You should take the necessary steps to conduct 

a self-evaluation and create or update your plan 

if you do not have a current transition plan. 

The minimum requirements of a transition plan 

include:

• The specific identification and location of 

all physical barriers that limit the 

accessibility of your programs, services 

or activities for individuals with 

disabilities

• The detailed outline of the methods that 

will be used to remove these barriers to 

make the facility accessible for 

individuals with disabilities

• The specific timetable with dates for 

making the respective modifications. 

This should include a yearly schedule of 

the interim steps if the transition plan is 

more than one year long

• The timetable should clearly indicate 

that higher priority modifications, such 

as curb ramps, are scheduled first. 

Identification of an official responsible 

for implementing transition plan 

elements

As a best practice, include an estimated cost of 

each modification for budgeting and prioritization 

purposes. 

When creating and maintaining a transition plan, 

also take into account new construction, 

alterations, and existing facilities. All new 

construction is expected to provide the highest 

level of accessibility free from architectural and 

communication barriers. 

Facilities identified and evaluated in your selfevaluation that require modifications must be 

accounted for in your transition plan. The 

detailed information obtained in your selfevaluation regarding sidewalks, curb ramps, 

parking lots, pedestrian signals, bus stop, 

shared use trails, parks, recreational facilities or 

any other public rights of way, should be 

considered when developing your transition 

plan. 

Make sure you have up to date transition plan in 

place. If it is outdated, take the necessary steps 

to create or update your plan. Your efforts to 

remove accessibility barriers ensure the ability of 

individuals with disabilities to fully participate in 

your community.
Federal-aid Essentials for Local Public Agencies

The content of this 

document is not a 

substitute for 

information obtained 

from State departments 

of transportation, 

appropriate FHWA 

Division Offices, and 

applicable laws. 

Scenarios have been 

simplified for emphasis 

and do not necessarily 

reflect the actual range of 

requirements applicable 

to the scenario or this 

topic. This document

was created under 

contract number

DTFH63-11-F-00066 by 

the Federal Highway 

Administration, U.S. 

Department of 

Transportation, and is 

offered to the public to 

heighten and focus 

awareness of Federal-aid 

requirements within the 

local public agencies 

community and 

reinforces the 

importance of these 

necessary policies, 

procedures, and 

practices.

This companion resource 

is the script content for 

the video production of 

the same name. 

Additional Resources

• Information on ADA-Section 504 from FHWA's Office of Civil Rights

http://www.fhwa.dot.gov/civilrights/programs/ada_sect504qa.htm#q11

• Memo clarifying FHWA policy on applying project specific ADA-Section 

504 requirements 

http://www.fhwa.dot.gov/civilrights/memos/ada_memo_clarificationa.htm

• ADA guidance on developing transition plans specifically for State and 

local government programs and services

http://www.ada.gov/taman2.html

• U.S. Access Board guidelines on developing transition plans for public 

rights-of-way

http://www.access-board.gov/prowac/draft.htm

• Information on applying ADA accommodations in public rights-of way

http://www.access-board.gov/prowac/alterations/guide.htm

• Example transition plan that can be used as a model

http://www.scribd.com/doc/21193230/City-of-Rancho-Cordova-ADATransition-Plan-Final

• Federal regulations covering nondiscrimation in State and local 

government programs and services for new construction

http://www.ecfr.gov/cgi/t/text/textidx?c=ecfr&sid=fcb053fe3e60fd3b34b99728fe3a8ce4&rgn=div8&view=te

xt&node=28:1.0.1.1.36.4.32.3&idno=28

• Federal regulations covering nondiscrimation in State and local 

government programs and services for existing facilities

http://www.ecfr.gov/cgi/t/text/textidx?c=ecfr&sid=fcb053fe3e60fd3b34b99728fe3a8ce4&rgn=div8&view=te

xt&node=28:1.0.1.1.36.4.32.2&idno=28