National ADA Symposium Takeaway #1: Who Is Responsible?

On July 26, the Americans with Disabilities Act (ADA) marked 36 years as a civil rights law.

At its core, the ADA is about equal access and equal opportunity for people with disabilities. That includes employment, businesses, transportation, communication, and access to state and local government programs and services.

After attending and moderating several sessions at this year’s National ADA Symposium, I wanted to share some of the points that stood out to me.

Across the sessions on the role of the ADA Coordinator, digital access, effective communication, and emergency planning, one theme came through clearly:

ADA compliance cannot belong to one person.

I often hear this question, and it was central to conference attendees:

Who is responsible for ADA Title II compliance?

Is it the ADA Coordinator?

The department providing the service?

The vendor?

The contractor?

Here is the answer that sometimes surprises people:

The public entity is responsible, as a whole.

For a city, county, school district, or other government agency, Title II applies to all its programs, services, activities, communications, and facilities.

That responsibility does not disappear when someone else is doing the work.

A city may hire a vendor to plan a festival, create a website, provide transportation, manage a program, or design an application. The contract may require the vendor to meet accessibility standards and correct problems it creates.

However, the public entity still must make sure the final program or service is accessible. Title II applies whether a service is provided directly or through a contractual, licensing, or other arrangement.

I like to explain it this way:

The work can be delegated. The legal responsibility cannot.

This does not mean departments and vendors get a free pass. A public entity can—and should—create policies, contract requirements, and consequences when accessibility standards are not followed.

The goal is to make everyone’s responsibility clear before a problem happens.

What about the ADA Coordinator?

A Title II agency with 50 or more employees must name at least one person to coordinate its ADA responsibilities. This person is commonly called the ADA Coordinator.

The ADA Coordinator plays an important guiding role, but that person cannot review every document, attend every event, inspect every facility, monitor every vendor, and catch every barrier. The organization’s team effort is essential.

The coordinator helps guide the process. The rest of the organization still must do the work.

It takes a team.

Leadership sets expectations and provides support.

Departments build accessibility into their daily work.

Procurement includes accessibility in contracts and purchasing decisions.

Project managers monitor vendors and review what is delivered.

Employees follow the policies and know where to send questions or requests.

The ADA Coordinator helps connect the pieces and identify areas of risk.

Start with universal design.

Universal design means creating products, spaces, communications, and services so they can be used by as many people as possible from the beginning, without needing to redesign everything later.

Universal design is a planning approach. It does not replace the specific requirements of the ADA. It is designing with everyone in mind.

Universal design is a planning approach that helps organizations think about access early, when changes are usually easier, faster, and less expensive. This empowers teams to prevent issues before they arise.

Think about accessibility when:

• Planning an event
• Creating a form or public notice
• Purchasing software
• Updating a website
• Writing a policy
• Applying for a grant
• Preparing emergency information
• Hiring a vendor.

A few practical places to begin.

Title II entities can take some simple steps to make accessibility part of every department:

• Identify an accessibility contact within each department
• Include the ADA Coordinator early in higher-risk projects
• Add accessibility requirements to contracts and purchasing documents
• Use accessibility checklists for events, websites, documents, and communications
• Train employees on how to recognize and route accessibility requests
• Require vendors to explain how they will provide access
• Track complaints, barriers, and corrective actions
• Review policies and programs regularly instead of waiting for a complaint

The effectiveness of policies depends on employees understanding them, departments following them, and vendors knowing the City will enforce accessibility standards.

The good news is that many accessibility problems can be prevented with clear expectations, good planning, strong contracts, and communication before the work begins.

Takeaway #1

ADA Title II compliance is everyone’s job, but the public entity is ultimately responsible.

Accessibility works best when it is built into the process, not added after someone has already been left out.