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<br /> <br /> 2 <br />Americans with Disabilities Act <br />Transition Plan <br /> <br />Introduction <br />Transition Plan Need and Purpose <br />The Americans with Disabilities Act (ADA), enacted on July 26, 1990, is a civil rights law prohibiting <br />discrimination against individuals on the basis of disability. The ADA consists of five titles outlining <br />protections in the following areas: <br />1. Employment <br />2. State and local government services <br />3. Public accommodations <br />4. Telecommunications <br />5. Miscellaneous Provisions <br /> <br />Title II of ADA pertains to the programs, activities and services public entities provide. As a provider of <br />public transportation services and programs, Elk River must comply with this section of the Act as it <br />specifically applies to public service agencies. <br /> <br />As required by Title II of ADA, 28 CFR. Part 35 Sec. 35.105 and Sec. 35.150, Elk River has conducted a <br />self-evaluation of its facilities within public rights of way and has developed this Transition Plan detailing <br />how the organization will ensure that all of those facilities are accessible to all individuals. <br /> <br />This document has been created to specifically cover accessibility within the public rights of way <br />and does not include information on city programs, practices, or building facilities not related to <br />public rights of way. <br /> <br />Agency Requirements <br />Under Title II, Elk River must meet these general requirements: <br />• Must operate their programs so that, when viewed in their entirety, the programs are accessible to and <br />useable by individuals with disabilities (28 C.F.R. Sec. 35.150). <br />• May not refuse to allow a person with a disability to participate in a service, program or activity simply <br />because the person has a disability (28 C.F.R. Sec. 35.130 (a). <br />• Must make reasonable modifications in policies, practices and procedures that deny equal access to <br />individuals with disabilities unless a fundamental alteration in the program would result (28 C.F.R. Sec. <br />35.130(b) (7). <br />• May not provide services or benefits to individuals with disabilities through programs that are separate <br />or different unless the separate or different measures are necessary to ensure that benefits and services <br />are equally effective (28 C.F.R. Sec. 35.130(b)(iv) & (d). <br />• Must take appropriate steps to ensure that communications with applicants, participants and members <br />of the public with disabilities are as effective as communications with others (29 C.F.R. Sec. 35.160(a). <br />• Must designate at least one responsible employee to coordinate ADA compliance [28