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Americans With Disabilities Act Title II Statewide Compliance Assessment and Support Project

Overview / Introduction

The Illinois Department of Transportation (IDOT) and the Chicago Metropolitan Agency for Planning have efforts to help local public agencies (LPAs) comply with the Americans with Disabilities Act (ADA) requirements as it relates to Title II of the ADA and the development of an ADA Self-Evaluation & Transition Plan. Chicago Metropolitan Agency for Planning (CMAP) is handling northeastern Illinois, IDOT will primarily focus on the remainder of the state including the remaining 15 Metropolitan Planning Organizations (MPOs) and the areas outside of the MPO boundaries. The initial goal of these programs is to understand the level of compliance with respect to the public right-of-way across Illinois and to help agencies increase compliance with the Americans with Disabilities Act (ADA) and Public Rights-of-Way Accessibility Guidelines (PROWAG) regulations. IDOT has hired the consulting firm HDR to assist with this Project.

While agencies are required to evaluate all services, policies and practices under the ADA, the focus of this effort is only related to an agency’s public rights-of-way compliance.

The overall goal of this Statewide Project is to assist LPA’s while increasing their ADA awareness and compliance improving accessibility within Illinois. This will promote equal access and program accessibility, minimize agency risk, and avoid costly lawsuits. IDOT is encouraging and supporting public entities to comply with their administrative requirements of the ADA and implement accessibility improvements.

What is IDOT's ADA Compliance Assessment

This IDOT ADA Title II Compliance Assessment and Support Project will be conducted in three phases over the next several years. The phases including 1) data collection, 2) assessment, and 3) training and technical support. IDOT is currently in the data collection phase of this Project and is gathering information to determine the state’s current level of compliance. focused on the public right-of-way. IDOT will not be taking any action against local public agencies that are non-compliant at this time. Once the level of compliance is determined, IDOT will provide technical support tools and training. The level of technical support, training, and tool development to be provided will vary based on the needs of the individual MPOs and Local Public Agencies. 

The Americans with Disabilities Act (ADA) 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. Meeting these requirements is in the best interest of the community so that all people have equal access.

Under Title II of the ADA, all state/local governments must follow the ADA regardless of their size. The ADA was enacted on July 26, 1990. The ADA has been revised several times since 1990; the latest revision is the 2010 ADA Standards for Accessible Design. Title II requires public entities to take several steps to become compliant with the ADA. All public entities, regardless of size, must provide an ADA public notice and conduct a self-evaluation of its programs, services, facilities, policies, and procedures. Public entities with 50 or more employees (either full or part time), in addition to the ADA public notice and self-evaluation, must establish a grievance procedure, designate a responsible employee (as an ADA Coordinator) to coordinate ADA compliance, and develop an ADA transition plan to remove barriers to programs and services.

Public Rights-of-Way Accessibility Guidelines (PROWAG) are guidelines developed specifically for access to 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. The final rule is effective as of September 7, 2023. PROWAG is currently recommended best practices for areas not fully addressed by the ADA/ADAAG Standards (FHWA January 23, 2006, Public Rights-of-Way Access Advisory). These guidelines will be mandatory once they are adopted for enforcement by the United States Department of Justice and the United States Department of Transportation, which is expected to occur in 2024.

Illinois Environmental Barriers Act (EBA) (410 ILCS 25/1 et seq.): The EBA, enacted in 1985 and amended in 1996 and 2017, is the statute that governs physical access for people with disabilities in new construction, additions and alterations to public facilities and multi-story housing. One important aspect of the Environmental Barriers Act is giving the Capital Development Board authority for buildings and the Illinois Accessibility Code. The Capital Development Board shall adopt and publish accessibility standards. Accessibility standards for public facilities shall dictate minimum design, construction, and alteration requirements to facilitate access to and use of the public facility by environmentally limited persons.

An action guide as well as additional information on ADA is available through the following links:

The Americans with Disabilities Act (ADA) of 1990 prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities. The ADA also establishes requirements for telecommunications relay services. To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability.

Public entities must make sure they are compliant with the current regulations. Title II requires public entities to take several steps to become compliant with the ADA. Administrative requirements are as follows:

All local public agencies regardless of size are required to do the following:

  1. Provide a Public Notice about the ADA
  2. Conduct a Self-Evaluation
    Local public agencies with 50 or more employees are also required to do the following:
  3. Appoint an ADA Coordinator
  4.  Establish/Adopt a Grievance Procedure
  5. Develop a Transition Plan

Regularly updating self-evaluations and transition plans can help government entities monitor their compliance and stay on track with making changes to improve accessibility.

New construction and alterations must be readily accessible to and usable by people with disabilities.


Under 50 employees1

50+ employees







Develop an accessible ADA/Non-Discrimination Policy Statement (Notice)

28 CFR 35.106


28 CFR 35.107(a)


Dedicated Resource2



Designate an ADA Coordinator with contact information

28 CFR 35.107(a)


ADA Transition Plans Report (pg 15)





Notice of ADA Requirements

28 CFR 35.106


Post the ADA Policy Statement



Program Accessibility



Ensure that individuals with disabilities are not excluded from programs, services, and activities

28 CFR 35.130(a), 28 CFR 35.150





Develop accessible Grievance/Complaint Procedures

28 CFR 35.107(b)


ADA Transition Plans Report (pg 10)


28 CFR 35.107(b)




Complete a self-evaluation

28 CFR 35.105


28 CFR 35.105(b)




Document Self-Evaluation

28 CFR 35.105(c)




Develop a Transition Plan

28 CFR 35.150(d)


ADA Transition Plans Report (pg 9)


Transition Plan Requirements



Name of official responsible for implementing Transition Plan



Identify/list physical obstacles and their location



ADA Transition Plans Report: Step 5 (pg 4)




Schedule for addressing accessibility

ADA Transition Plans Report: Step 6 (pg 6)




28 CFR 35.105(c) 1, 2, & 3


Methodology for addressing barriers to accessibility






1)       The total number of employees includes full and part time staff within the organization.

2)       Although not required, it would benefit the agency to appoint a responsible employee to vet calls/inquiries/complaints and to have a grievance/complaint procedure.