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Central Bureau of Local Roads
Illinois Department of Transportation
Americans with Disabilities Act - Title II
Statewide Compliance Assessment and Support Project
Project Overview
The Illinois Department of Transportation and the Chicago Metropolitan Agency for Planning are working together to help local public agencies meet requirements under the Americans with Disabilities Act. Specifically, IDOT is focusing on compliance with Title II of the ADA, which includes the development of an ADA Self-Evaluation & Transition Plan. IDOT has hired HDR Engineering Inc. to assist with this project.
Project Goal
To understand the level of compliance with respect to the public right of way and to help agencies increase ADA awareness and compliance with Title II of the ADA and the Public Right of Way Accessibility Guidelines, also known as PROWAG.
Project Benefits
This effort supports equal access and helps agencies reduce legal risks and avoid costly lawsuits. IDOT encourages public agencies to meet ADA requirements and make needed accessibility improvements.
What is included in IDOT's ADA Title II Compliance Assessment Support Project?
This project requires three phases over several years:
Phase I was initiated in 2023 and substantially completed in 2024 and included web research, a survey and targeted agency outreach. The survey remains open as a method to collect agency updates. IDOT continues to collect and assess agency transition plans.
Phases II and III of this project initiated in 2024 and are ongoing. Phase II included an assessment of data collected and the development of an action plan based on identified needs, trends and issues. Assessment activities are ongoing and focused on the evaluation of agency compliance with Title II administrative requirements such as ADA Self-Evaluations and Transition Plans developed for pedestrian facilities in the public right of way. Phase III to date has included ADA training courses, website updates, office hours for technical support, agency coordination, and the development and distribution of tools to help assess and improve Self-Evaluation and Transition Plan quality.
IDOT continues to assess compliance specific to the public right of way, perform agency outreach and develop tools and training as targeted technical support. This summer, IDOT will update the website with a Title II Self-Evaluation and Transition Plan template for the public right of way, initiate an ADA Coordinators Group and conduct additional training.
Overall, as part of IDOT’s ADA initiative and this project, IDOT is focusing on compliance with Title II of the ADA within the public right of way, which includes the development of ADA Self-Evaluations and Transition Plans. This effort supports equal access and helps agencies reduce legal risks and avoid costly lawsuits. IDOT encourages public agencies to meet ADA requirements and make needed accessibility improvements.
As part of the ADA Title II Compliance Assessment and Support Project, IDOT collected ADA compliance data on local public agencies within IDOT Regions 2 through 5 through web research, a survey and targeted agency coordination. Based on U.S. Census data, 482 agencies out of approximately 2,800 statewide have 50 or more employees and per federal law are required to have ADA Transition Plans (28 CFR Part 35.150(d)). Just over 100 transition plans have been identified statewide, including 67 transition plans in IDOT Regions 2 through 5. All agencies regardless of size are required to have completed Self-Evaluations and provide an ADA Policy Statement (ADA Notice). Additional compliance information is provided below and in the following chart.
As part of the assessment phase of the project, the IDOT team reviewed Title II ADA compliance for each agency that supplied a transition plan through email or survey or posted one on their website. General findings from reviews include the following:
1) Plans are outdated
Has your agency documented progress towards barrier mitigation/removal in your public right of way? More than half of the plans reviewed were five or more years old. Plans should be regularly reviewed and updated (best practice every two to three years). It is important to understand that Title II obligations are ongoing until all barriers are mitigated and/or removed to the maximum extent feasible. Plan updates provide the agency an opportunity to explain their story, include public input/feedback on how improvements are prioritized and how priorities may have changed, and provide updates on barrier mitigation/removal.
2) Agencies are missing information
Plans are missing one or more of the general Title II Administrative Requirements, evaluation of some or all of the pedestrian facilities within the public right of way such as curb ramps, sidewalks, pedestrian signals, etc., and discussion of the implementation schedule and costs/fundings. If your agency cannot evaluate all pedestrian facilities, at a minimum there should be an explanation in your transition plan of how your agency will continue to progress toward completing the evaluation and work toward accessibility barrier elimination. Cost estimates are needed as an effective tool for planning and identifying funding gaps that need to be filled. Note that the Code of Federal Regulations (28 CFR 35.105(a) and 35.150(3)) require agencies to identify steps that will be taken during each year of the transition/implementation period if implementation is projected to take longer than one year.
3) Plans lack evidence of public involvement and stakeholder engagement
Did you give the public an opportunity to review your Self-Evaluation and Transition Plan? Have you addressed public comments/concerns? The Code of Federal regulations related to Title II administrative requirements have public involvement requirements (28 CFR 35.105(b) and 35.150(d)). Efforts and comments should be summarized in your plans, and evidence (comments, advertisements, etc.) should be attached in the appendix of your Self-Evaluations and Transition Plans.
ADA Coordinators Group Meetings (Initiated July 2025)
The Illinois Department of Transportation invites local agencies to participate in an ADA Coordinators Group to provide resources and support to ADA coordinators in Illinois. Group participants will gain practical, actionable knowledge to help improve accessibility and ADA Title II compliance. This group also serves as a space for ADA coordinators to collaborate and exchange insights on shared challenges, opportunities and best practices.
The group meets every other month with goals to:
- Support compliance by answering questions, sharing experiences, providing opportunities for collaboration, and offering tools, templates and training on self-evaluations and transition plans.
- Educate ADA coordinators on Title II Administrative Requirements, compliance requirements, self-evaluation, transition plans, topics of interest and best practices.
- Improve statewide ADA Title II compliance among local public agencies.
Intended Audience:
- Local public agency ADA coordinators or designees.
- If you are in IDOT Region 1, you also have the opportunity to participate in the CMAP ADA Coordinator Group meetings.
Registration:
Registration information is available through IDOT’s Technology Transfer Center Training Portal: IDOT Technology Transfer Center Training Enrollment. The meeting will be held in a virtual format. A link to the meeting will be provided upon registration.
Meeting #5: March 18, 2026. Topic: Quality Transition Planning: Introduction to IDOT and CMAP’s New Self-Evaluation and Transition Plan Template and Companion Guide for Pedestrian Facilities within the Public Right of Way
Meeting #6: May 21, 2026. Topic: Accessible Pedestrian Signals (APS).
View slides from previous meetings:
Meeting #1: July 10, 2025. Topic: Role of the ADA Coordinator, ADA Title II requirements.
Meeting #2: September 25, 2025. Topic: PROWAG Part 1.
Meeting #3: November 20, 2025. Topic: PROWAG Part 2.
Meeting #4: January 22, 2026. Topic: Funding Matters.
Work is ongoing to improve statewide compliance with Title II of the ADA. This year the focus is on education, agency outreach and the development of tools to support local public agencies.
The following items are currently in development to support local public agencies with Title II compliance:
Transition Plan Template
IDOT, in cooperation with CMAP and its consultant, HDR, has developed a new Self-Evaluation and Transition Plan Template and Companion Guide for the public right of way. The template provides agencies with a step-by-step process to comply with ADA Title II requirements. The draft documents are being beta-tested and are available upon request or can be downloaded here. Feedback on the Template and Companion Guide is encouraged as IDOT works to improve and finalize the documents in 2026. Submit comments to Barry Kent at Barry.Kent@illinois.gov.
Transition Plan Review and Plan Improvement Support
IDOT is offering to review, support and guide ADA coordinators and the transition plans they develop as they work toward ADA Title II compliance in their public right of way. In addition to the support provided through the ADA Coordinators Group, IDOT has created a Self-Evaluation and Transition Plan Template and Companion Guide. Completed transition plans for the public right of way can be sent to IDOT through the survey link or email for review and feedback. Available through March 15, 2026, or review your own using the ADA Title II Compliance Assessment checklist.
ADA Toolkit and Resource Catalogue (coming spring 2026)
Look for the new ADA Toolkit and Resource Catalogue, a two-part document, which includes:
- Toolkit - Includes tools, such as evaluation and cost estimating, designed to assist local agencies in completing necessary requirements as set forth in the ADA Title II Administrative Requirements
- Informational Resource Catalog – Includes a one-stop shop for key information on ADA Title II requirements from across the country. The information provided is from highly respected national sources, organized in a user-friendly manner to provide your agency with all the background information and educational materials you might need.
Online Trainings and Website Updates
IDOT has developed a series of on-demand virtual training courses to assist with ADA Title II compliance. The trainings are available via the Illinois Technology Transfer Center. First-time users must register for an account; IDOT has created a "Learning Management System How-to Guide" to assist with this process.
Relevant IDOT ADA trainings include
- ADA Basics: Detailed Introduction to the Americans with Disabilities Act including Title II requirements, program evaluation, non-compliance risk and how to get started (2024)
- ADA Self-Evaluation and Transition Plan requirements for local government agencies (2024)
- Quality transition planning, how to use IDOT’s new Self-Evaluation and Transition Plan Template and Companion Guide (2026)
- BLRS - 2021 ADA self-evaluation and the role of the ADA coordinator
- BLRS - 2021 ADA Transition Plans - Part 2
In addition to IDOT training course offerings, the Chicago Metropolitan Agency for Planning and its training partners have shared presentation materials and video recordings from accessibility and Americans with Disabilities Act training sessions. Visit the following link for CMAP’s ADA planning tools, training and guidance: CMAP ADA Resources.
Website updates will continue as they are available.
The Americans with Disabilities Act is a federal civil rights law that prohibits discrimination against individuals with disabilities and was enacted on July 26, 1990. Title II requires that state and local governments give people with disabilities an equal opportunity to benefit from their programs, services and activities. The ADA establishes accessibility requirements for facilities owned by public entities. Meeting these requirements is in the best interest of the community so that all people have equal access. Title II is regulated and enforced by the U.S. Department of Justice.
Title II applies to state and local governments including state executive agencies, courts, villages, towns, cities, counties, school districts, water districts, park and special-purpose districts, transit agencies, colleges and universities, community colleges, libraries, and even museums when using public funds. Title II is divided into two parts. Subtitle A covers all programs, services and activities of state and local government. Subtitle B contains requirements for public transportation systems such as regional transit authorities. ADA.gov has an in-depth online primer of Title II and its specific requirements.
The ADA has been revised several times since 1990; the latest revision is the 2010 ADA Standards for Accessible Design. As of March 15, 2012, compliance with the 2010 ADA Standards was required for new construction and alterations under Titles II and III. If your agency has its own local road construction and design standards, ensure that they, at a minimum, meet 2010 ADA standards. However, it is best practice to adopt Public Right of Way Accessibility Guidelines and/or standards that exceed baseline accessibility requirements. PROWAG are guidelines published by the Access Board in 2013 for physical access for elements located within the public right of way.
If there are transit stops within your PROW, you must coordinate with the transit agency maintaining the stops for ADA/PROWAG compliance. The U.S. Department of Transportation adopted PROWAG as enforceable standards on Dec. 18, 2024, for transit stops. The rule took effect Jan. 17, 2025.
IDOT recommends that local agencies use the latest revisions of PROWAG and other design guidelines when constructing or altering facilities within the public right of way.
Your inventory should include a comprehensive list of all pedestrian facilities and public infrastructure within your public right of way and their physical barriers that limit accessibility. Within the public right of way, the following may be under your agency’s jurisdiction and should be evaluated as part of the Self-Evaluation and Transition Plan process.
- Curb ramps and blended transition
- Crosswalks
- Pedestrian access routes/sidewalks/sidewalk gaps
- Pedestrian circulation paths adjacent to PAR
- Pedestrian railing at back of sidewalk or drop-off along the public right of way
- Alternate pedestrian access routes (work zones)
- Traffic signal equipment/accessible pedestrian signals
- Damaged features
- Potential hazards
- Obstacles
- On-street parking (metered or designated by signs or pavement markings)
- Transit stops
- Shared-use paths
- Bike lanes
Pedestrian facilities within the public right of way such as curb ramps or sidewalks are considered a program or service within the meaning of Title II of the ADA and Section 504 of the Rehabilitation Act and are thus subject to the program accessibility requirements of Title II regulations.
All state/local governments must follow the ADA regardless of their size under Title II.
Title II requires public entities to take several steps to become compliant with the ADA:
- Must ensure that individuals with disabilities are not excluded from programs, services and activities. Agencies must complete ADA Title II administrative requirements.
- People with disabilities must have an equal opportunity to participate in and benefit from state and local governments’ programs, services and activities.
- New construction is required to be accessible.
- Alterations to existing facilities must be accessible to the maximum extent feasible.
- Accessibility to existing facilities that have not been altered cannot be denied to persons with disabilities.
Requirements are not new:
- All public entities were to have transition plans by July 26, 1992, and all barriers had to be eliminated by Jan. 26, 1995.
- Obligations ongoing until all barriers are removed or mitigated to the maximum extend feasible.
- LPAs are required to correct any deficiencies identified through the self-evaluation.
Title II applies to state and local governments including state executive agencies, courts, villages, towns, cities, counties, school districts, water districts, park and special-purpose districts, transit agencies, colleges and universities, community colleges, libraries, and even museums when using public funds.
ADA Title II Administrative Requirements for Agencies with 50 or More Employees:
- ADA notice (28 CFR 35.106)
- Conduct a self-evaluation (28 CFR 35.105)
- Develop a transition plan (28 CFR 35.150 (d))
- A transition plan identifies existing conditions that require changes, and outlines the steps (actions, schedule, funds) necessary to become accessible.
- Adopt an ADA grievance procedure (28 CFR 35.107(b))
- Grievance procedures set out a system for resolving complaints of disability discrimination in a prompt and fair manner.
- Post in public locations and on website.
- Designate a responsible employee (28 CFR 35.107(a))
- Generally known as "ADA coordinator"
- Serve as the primary resource for ADA information (external vs. internal).
ADA Title II Administrative Requirements for Agencies with fewer than 50 employees:
- ADA notice (28 CFR 35.106)
- An ADA public notice is a statement of the rights and protections afforded by the ADA that is adopted and distributed.
- Post on website and in public locations and where employees congregate.
- Conduct a self-evaluation (28 CFR 35.105)
- A self-evaluation is a public entity's assessment of everything (programs, services and activities)
- If an agency has responsibility over streets, roads or walkways, they should be included in the self-evaluation. The transition plan shall include a schedule for providing curb ramps or other sloped areas where pedestrian walks cross curbs.
| Category | Under 50 employees | 50+ employees | Description | Reference |
|---|---|---|---|---|
|
Policy |
Required |
Required |
Develop an accessible ADA/Non-Discrimination Policy Statement (Notice) |
|
|
Dedicated Resource2 |
Required |
Designate an ADA coordinator with contact information |
||
|
Communication |
Required |
Required |
Notice of ADA requirements |
|
|
Communication |
Required |
Required |
Post the ADA policy statement |
|
|
Program Accessibility |
Required |
Required |
Ensure that individuals with disabilities are not excluded from programs, services and activities |
|
|
Procedures2 |
Required |
Develop accessible grievance/complaint procedures |
||
|
Procedures2 |
Required |
Required |
Complete a self-evaluation |
|
|
Procedures2 |
Required |
Document self-evaluation |
||
|
Procedures2 |
Required |
Develop a transition plan |
||
|
Required elements of a transition plan |
Required |
Name of official responsible for implementing transition plan |
||
|
Required elements of a transition plan |
Required |
Identify/list obstacles and their locations |
||
|
Required elements of a transition plan |
Required |
Schedule for addressing accessibility |
||
|
Required elements of a transition plan |
Required |
Methodology for addressing barriers to accessibility |
Newly constructed pedestrian facilities and altered portions of existing pedestrian facilities within the public right of way must be readily accessible to and usable by people with disabilities. IDOT’s ADA initiative focuses on compliance with ADA Title II administrative requirements, including the development of a Self-Evaluation and Transition Plan for the public right of way. Compliance obligations are ongoing until all barriers are removed or mitigated to the maximum extent feasible. Regular Self-Evaluation and Transition Plan updates can help government entities monitor their compliance and stay on track with making changes to improve accessibility. The following process flow chart can be followed for complying with ADA Title II.
The basic requirement of Title II of the ADA is that agencies must ensure individuals with disabilities are not excluded from programs, services and activities. People with disabilities must have an equal opportunity to participate in and benefit from state and local governments’ programs, services and activities. In assisting agencies across the state to understand and improve their compliance with these requirements, IDOT and its consultants developed an ADA Title II compliance assessment form. The form can be used by agencies to confirm they are meeting ADA Title II administrative requirements and identify areas where improvements can be made. Complete your ADA Title II compliance self-assessment today.
What is the Americans with Disabilities Act?
The Americans with Disabilities Act is a federal civil rights law that prohibits discrimination against individuals with disabilities in an effort to provide equal access to public services, activities and programs. Among those protections, the ADA establishes accessibility requirements for facilities owned by public entities. Learn more about the ADA and Section 504.
What are the Public Rights of Way Accessibility Guidelines?
The PROWAG were developed specifically for access to newly constructed pedestrian facilities and altered portions of existing pedestrian facilities that exist within the public right of way. The guidelines ensure that sidewalks, pedestrian street crossings, pedestrian signals and other facilities for pedestrian circulation and use constructed or altered in the public right of way by state and local governments are readily accessible to and usable by pedestrians with disabilities. The U.S. Access Board finalized these guidelines in August 2023. IDOT has a dedicated webpage about Accessibility in the Public Right of Way and providing accessible transportation in Illinois.
What is the definition of a Self-Evaluation and Transition Plan?
Per the Department of Justice, An ADA transition plan is a required document under the Americans with Disabilities Act that outlines a public entity's strategy for removing physical barriers to accessibility for individuals with disabilities. It includes a comprehensive assessment of current barriers, methods for their removal, a schedule for completing necessary modifications and opportunities for public input. Public entities with 50 or more employees must develop this plan to ensure compliance and improve accessibility.
Is there funding solely dedicated to ADA improvements?
There are grant programs available. An example is the Illinois Transportation Enhancement Program. ITEP funds are available annually that agencies can apply for. Grants will award up to $3 million per application, and agencies can apply for multiple grants. Other examples: Highway Safety Improvement Program funds, Safe Routes to Schools, and motor fuel tax funds.
There are not funds dedicated towards fulfilling Title II administrative requirements. Agencies have had almost 36 years to comply with the federal requirement.
Can a county, city, village or town have multiple transition plans?
Yes. Many agencies have separate transition plans for features within the public right of way and for public buildings/facilities, websites, etc. We have seen agencies provide one plan that covers multiple facilities as well as agencies that develop a plan per facility. All are acceptable.
All agencies have limited funds and budgets. Stakeholder input can help define priorities and timelines for when features get documented.
What is the Safe Harbor Provision?
The ADA includes a Safe Harbor Provision (28 C.F.R. 35.150(b)(2)(i)), which allows facilities that do not meet current standards to remain if they were compliant with the ADA standards in effect when they were installed. If features were installed prior to the adoption of the most recent ADA standards, modifications do not need to be made; however, if pedestrian facility elements are going to be altered, they must comply with the most recently adopted ADA/PROWAG standards.
When is resurfacing considered to be an alteration?
Per FHWA, resurfacing is an alteration that triggers the requirement to add curb ramps if it involves work on a street or road spanning from one intersection to another and includes overlays of additional material to the road surface, with or without milling. Examples include but are not limited to the following treatments or their equivalents: addition of a new layer of asphalt, reconstruction, concrete pavement rehabilitation and reconstruction, open-graded surface course, micro-surfacing and thin lift overlays, cape seals, and in-place asphalt recycling.
What kinds of treatments constitute maintenance rather than an alteration?
Per FHWA, treatments that serve solely to seal and protect the road surface, improve friction and control splash and spray are considered to be maintenance because they do not significantly affect the public's access to or usability of the road. Some examples of the types of treatments that would normally be considered maintenance are: painting or striping lanes, crack filling and sealing, surface sealing, chip seals, slurry seals, fog seals, scrub sealing, joint crack seals, joint repairs, dowel bar retrofit, spot high-friction treatments, diamond grinding, and pavement patching. In some cases, the combination of several maintenance treatments occurring at or near the same time may qualify as an alteration and would trigger the obligation to provide curb ramps.
What if a locality is not resurfacing an entire block, but is resurfacing a crosswalk by itself?
Per FHWA, crosswalks constitute distinct elements of the right of way intended to facilitate pedestrian traffic. Regardless of whether there is curb-to-curb resurfacing of the street or road in general, resurfacing of a crosswalk also requires the provision of curb ramps at that crosswalk.
Helpful Links
An action guide as well as additional information on ADA is available through the following links:
- ADA National Network: ADA National Network | Information, guidance and training on the Americans with Disabilities Act (adata.org)
- ADA Title II Action Guide: ADA Title II Action Guide for State and Local Governments | ADA National Network (adata.org)
- Illinois Department of Transportation: ADA and Section 504 (illinois.gov)
- Federal Transit Administration: Americans with Disabilities Act | FTA (dot.gov)
- Federal Highway Administration: Americans with Disabilities Act Overview and Authorities - Civil Rights | Federal Highway Administration (dot.gov)
- Region 5, ADA Great Lakes Center
- U.S. Access Board PROWAG Final Rule
- U.S. Access Board: U.S. Access Board - Home
- U.S. Department of Justice: The Americans with Disabilities Act | ADA.gov
- U.S. Department of Transportation: Accessibility | US Department of Transportation
- Chicago Metropolitan Agency for Planning: ADA Resource List
- Minnesota Local Road Research Board : ADA Transition Plan for Public Rights of Way
Contact Us
To learn more about IDOT's ADA Title II Compliance Assessment Support Project and the Americans with Disabilities Act, please contact the Central Bureau of Local Roads at the email listed below. A representative will respond to your inquiry.