Local Agency & Subrecipient Resources

Local Agencies and other public entities that receive funds from CDOT are required to comply with 28 CFR Part 35 (Nondiscrimination on the basis of disability in state and local government services).

Local Agency Checklist

Basic ADA Requirements for Local Agencies/Public Entities:

1. Designate an ADA Coordinator (50 employees or more). 28 CFR §35.107(a)

If the local government has fewer than 50 employees, it is not required to have an ADA Coordinator. HOWEVER, it is strongly recommended that an ADA coordinator or ADA designee be appointed.

2. Develop and post an ADA Policy Statement. 28 CFR §35.106.

3. Develop and post Grievance Procedures/Complaint Procedures. 28 CFR §35.107(b).

4. Complete a self-evaluation of current programs, services, and activities. 28 CFR §35. 105.

5. Develop a Transition Plan. 28 CFR §35.150(d). (50 employees or more)

Transition Plan Requirements

Entities with less than 50 employees are not exempt from ensuring their programs, services, and activities are accessible to persons with disabilities. These entities are not subject to some of the same administrative requirements (designating an ADA Coordinator and developing a Transition Plan) – although it would be in their best interest to do something similar.

New Department of Justice Technical Assistance Document: ADA Update, A Primer for State and Local Governments