IDOT Americans with Disabilities Act

The overarching goal of IDOT’s ADA program and this Project is to understand the level of compliance across Illinois and to help agencies increase compliance with the Americans with Disabilities Act (ADA) and proposed Public Rights-of-Way Accessibility Guidelines (PROWAG) regulations.  

It will be accomplished by assessing and analyzing the current level of compliance and assisting local public agencies (responsible for pedestrian facilities in the rights-of-way in Illinois) in development of ADA compliant Self Evaluations and/or Transition Plans making sure these documents are available to the public. 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.  As part of assessing the current level of compliance, IDOT will work to understand causes for non-compliance or lack of availability.  

IDOT is currently in the data collection phase of this Project and is gathering information to determine the state’s current level of compliance. Once the level of compliance is determined, IDOT will provide technical support including the development of technical support tools and training.

The Americans with Disabilities Act (ADA) was enacted on July 26, 1990, and is a civil rights law prohibiting discrimination against people with disabilities. The on-site or Building Guidelines under this act have been revised several times since 1990. The latest version is the 2010 ADA Standards for Accessible Design.

The ADA is designed to help all people, including people with disabilities, have equal access to public services, activities, and programs. Among those protections, the ADA establishes accessibility requirements for facilities owned by public entities or considered public accommodations. Meeting these requirements is in the best interest of the community so that all people have equal access. Under Title II, all state/local governments must follow the ADA regardless of their size.

Title II: Under Title II of the ADA, people with disabilities must have an equal opportunity to participate in and benefit from state and local governments’ programs, services, and activities. Title II applies to state agencies, villages, cities, counties, schools, park and special purpose districts, transit agencies, colleges and universities, community colleges, libraries, and even museums when operating using both state and/or federal funds.

PROWAG: Public Right of Way Accessibility Guidelines (PROWAG) are guidelines for physical access for elements located within the public right of way. PROWAG addresses access to sidewalks and streets, crosswalks, curb ramps, pedestrian signals, on-street parking, and other components of public rights-of-way. The Access Board published the final rule effective 9/7/23. The guidelines are considered best practices.

Section 504: Section 504 of the Rehabilitation Act of 1973, like the ADA, protects qualified individuals with disabilities.

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.