The City is required to have a Transition Plan under Title II of the ADA. Congress passed the ADA in 1990 to protect people with disabilities from discrimination because of their disabilities. Although there are five titles in the ADA, Titles I and II of the ADA are the most applicable to local governments.
Title I prohibits discrimination against individuals on account of their disability.
Title II prohibits state and local governments from (1) excluding people with disabilities from participating in programs, services, or activities of state and local governments because of their disability; (2) denying people with disabilities the benefit of the state and local governments’ programs, services, or activities because of their disability; and (3) subjecting people with disabilities to discrimination because of their disability. The City’s compliance with Title I is discussed in this Transition Plan as a program (primarily under section 7.9, regarding the City’s Human Resources Department).
At a minimum, Title II of the ADA requires a public entity to:
- Designate an employee responsible for overseeing ADA Title II compliance (ADA Coordinator);
- Establish and publish both the procedures to request reasonable accommodations and the procedures to report grievances relating to ADA complaints;
- Publish and post a notice of nondiscrimination in all buildings open to the public.
- Conduct a self-evaluation assessing the gaps in accessibility with the public entity’s services; and
- Prepare a transition plan that describes the public entity’s proposed timeline to correct the gaps in accessibility that were identified through the self-evaluation process.
The City of Beaverton has a longstanding commitment to provide access to all its Programs to the public. Beginning in 1982, the City evaluated its facilities and programs for nondiscrimination under the Federal Revenue Sharing Act. The City’s personnel director established a nondiscrimination policy and grievance procedure. Its purchasing manager included a nondiscrimination clause in all vendor contracts, and its building official checked the accessibility of all City facilities.
In 1992, City named its personnel director as the ADA Coordinator and provided training to staff on the ADA. The personnel department provided ADA awareness training for all supervisors in February 1992 and provided additional training on the ADA regarding recruitment and selection procedures for hiring managers.
The City adopted a transition plan on September 28, 1992. It identified physical barriers and set a schedule for removing the barriers to make its Programs more accessible. The target date for completing the changes was in January 1995.
After extensive training and evaluation, City employees worked together to produce this updated Transition Plan. The updated plan evaluates the City’s programs, services, and activities, and describes its short- and long-term plans to address gaps in both programmatic and physical accessibility.
1.2 The Self-Evaluation Process
1.2.1 Informal Assessment and Reinvestment in Staff Training
In 2016, the City began to update its transition plan. To that end, it examined its current practices to look for potential gaps in accessibility. Based on that review, the City published its Notice under Americans with Disabilities Act (Notice); identified its ADA Coordinator; and provided procedures for the public to request reasonable accommodations and report grievances under the ADA to the City.
Information about the City’s Notice, ADA Coordinator, and procedures are attached in Appendix D, and are also posted on a City web page entitled “ADA Accessibility.”
After taking those initial steps, the City department heads were then interviewed to assess overall accessibility of each department’s programs, services and activities. The highest priority identified was a need for staff training regarding the ADA. The following training needs were identified and provided to city staff:
- Training for staff who regularly interact with the public so that they understand how to effectively communicate with people with disabilities;
- Training on how to conduct facilities inspections to determine barriers in City buildings;
- Specialized web accessibility training for the City’s web team; and
- Training for staff on the standards for ADA-compliant curb ramps so that they would be able to identify and inspect ramps for ADA compliance.
These trainings were necessary to help staff understand what is required of them under the ADA. Once trained, the employees were able to assist the City in completing its comprehensive self-evaluation and in implementing tasks identified in this Transition Plan.
1.2.2 The Comprehensive Self-Evaluation Process
To begin the formal self-evaluation process, the City formed an ADA coordinating committee. The ADA coordinating committee is made up of one or more representatives from each City department (e.g. City Attorney, Community Development, Finance, Human Resources, Library, Mayor’s Office, Police, and Public Works).
The ADA Coordinator developed an ADA nondiscrimination checklist, provided in Appendix B, which guided how to evaluate whether each department’s programs, services, and activities had gaps in accessibility. Each committee member completed the checklist for the department or program(s) within their department. The ADA Coordinator and ADA Project Manager reviewed the completed checklists and worked with each department to make recommended minor changes to increase programmatic accessibility. The completed checklists and the recommendations serve as the underpinnings to this Transition Plan. The information included on the checklists are discussed in the sections that follow.
1.3 Public Outreach
Public entities are required to accept comments from the public on their ADA SelfEvaluation and Transition Plan and are strongly encouraged to consult with individuals with disabilities and organizations that represent them to assist in the self-evaluation process. Many individuals with disabilities have unique perspectives on a public entity's programs, activities, and services.
A page was designated on the City of Beaverton’s website to serve as an information portal for the Transition Plan process. A final draft of the Plan was completed and ready for public comment on May 30, 2019. On June 3, 2019, the public review draft of the Plan (parts 1 and 2) was posted on the ADA page of the City’s website and it was advertised on the City of Beaverton’s homepage. Hard copies of the Plan were made available from June 3-17, 2019, at City Hall and the Beaverton City Library for public comment. Public engagement staff posted links to the Plan on the City’s social networks and ran a boosted post campaign which reached over 12,000 people.
Staff also sent a direct email to the ADA Community of Practice, which is a broad community of individuals and organizations who promote awareness of the ADA in the area, as well as a community member (who had requested information of any changes to the city’s ADA practices back during the 2019 State of the City Address).