Accessibility
Title II of the Americans with Disabilities Act (ADA) regulates programs, activities and services provided by state and local governments. As such, City of Hendersonville must comply with this section, which states: “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity” (42 USC Sec. 12132; 28 CFR Sec. 35.130).
In accordance with Title II, the City of Hendersonville conducted an ADA compliance self evaluation of its facilities on public property and in public rights-of-way. With this information, an ADA Transition Plan was developed to share findings of the self-evaluation and to establish strategies for improving ADA accessibility within our community.
The City’s ADA Transition Plan, initially adopted January 26, 1993, focused on public access to city facilities and taking measures to perform corrective work to remove any barriers to persons with disabilities. Improvements were completed in phases beginning in 1993 and concluding in 1995. Ongoing infrastructure assessments will be conducted by each department to report any barriers that may be present to the ADA Coordinator. The ADA Coordinator will work with the City Manager or his/her designee to prioritize the removal of barriers if immediate solutions may not be reached. Current building code requires compliance with ADA standards.
The City is committed to updating the ADA Transition Plan with oversight of the City Manager and the City Council. Involvement of other community leaders and support organizations is, and will continue to be, a critical part of the ADA transition process. The City is currently updating the plan and the community can provide input on the community survey. Take the survey before April 30.
Request Accommodations
The City of Hendersonville is committed to providing accessible facilities, programs and services for all people in compliance with the Americans with Disabilities Act (ADA). Should you need assistance or an accommodation for a City meeting, please contact the City Clerk no later than 24 hours prior to the meeting at 697-3005 or by emailing jmurray@hvlnc.gov.
File an ADA Complaint
To file a complaint with the City’s ADA Coordinator for facility signage; public buildings and spaces; or pedestrian facilities and public rights of way please contact the City's ADA Coordinator. His contact information is below.
Tom Wooten
Public Works Director, ADA Coordinator
160 Sixth Ave. East
Hendersonville, NC 28792
828-697-3084
828-697-3014 (Fax)
twooten@hvlnc.gov | https://www.hendersonvillenc.gov/
What is ADA Title II?
The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in many areas of public life, including jobs, schools, transportation, and many public and private places that are open to the public. The purpose of the law is to make sure that people with disabilities have the same rights and opportunities as everyone else. The law was passed on January 26, 1990. The ADA is divided into five titles (or sections) that relate to different areas of public life.
Title II applies to State and local government entities and protects qualified individuals with disabilities from discrimination based on disability in services, programs, and activities provided by State and local government entities. Compliance with ADA Title II went into effect January 26, 1992.
What are the administrative requirements of ADA Title II?
Title II requires that public entities take several steps designed to achieve ADA compliance. These include completing an ADA self-evaluation and providing notice to the public about Title II requirements for the entity’s services, programs, and activities.
Public entities with fifty or more employees are also required to:
- Develop a grievance procedure
- Designate an individual to oversee Title II compliance (often referred to as an ADA Coordinator)
- Develop a transition plan if structural changes are necessary for achieving program accessibility.
What is an ADA Self-Evaluation?
A self-evaluation is a public entity’s assessment of its current policies and practices. It involves a comprehensive review of all programs, activities, and services to verify ADA Title II compliance with general nondiscrimination provisions, communications, program and facility accessibility, and website accessibility. This evaluation helps ensure individuals with disabilities can fully participate in the Title II entity’s programs, activities, or services.
What is an ADA Transition Plan?
When structural or architectural modifications are required to achieve program accessibility, a public entity with fifty or more employes should develop a transition plan. A transition plan includes:
- A list of the physical barriers in a public entity’s facilities that limit access to its programs, activities, or services
- A detailed outline of the methods for removing the barriers to increase accessibility of the facilities
- The schedule for addressing these barriers
- The individuals and departments responsible for implementing and monitoring compliance with the transition plan.
Are public entities required to involve the public in the self-evaluation and transition planning process?
Yes! Public entities are required to accept comments from the public on the self-evaluation and are strongly encouraged to consult with individuals with disabilities and organizations that represent the disability community to assist with the self-evaluation process. Individuals with disabilities have unique perspectives on a public entity’s programs, activities, and services. They can provide valuable information about barriers preventing full access within the community.
How should a public entity address non-structural accessibility barriers?
An ADA self-evaluation may identify program barriers that do not involve structural changes to buildings or facilities. For example, a public entity’s website may be inaccessible to individuals using assistive technology. The ADA Title II regulations do not include a planning process to fix these non-architectural barriers. We recommend developing an Action Plan to address non-structural barriers impacting program access for people with disabilities. Like a transition plan, the action plan identifies the program barriers, outlines solutions to remove those barriers, provides a schedule for correction, and designates the responsible individual or department.
When should a public entity complete an ADA self-evaluation and transition plan?
Technically, public entities, regardless of size, were required to complete an ADA self-evaluation by January 26, 1993 – one year after the ADA regulations went into effect. Transition plans were required to be completed by July 26, 1992, and structural modifications were required by January 26, 1995.
The U.S. Department of Justice has since implemented updated ADA Standards for Accessible Design, including accessibility requirements for recreation areas and public rights-of-way. It is recommended that public entities periodically reassess their facilities to determine if the original transition plan was followed, if the entity complies with the updated standards, and whether additional access improvements are needed.
Copies of the self-evaluation and transition plan should be retained and made available to the public for review upon request.
ADA Transition Plan Survey
Take Hendersonville's ADA Transition Plan Survey to help the city become more accessible.
