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Americans with Disabilities Act (ADA)

In accordance with the requirements of title II of the Americans with Disabilities Act of 1990 ("ADA"), the South Dakota Department of Transportation (SDDOT) will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities.

Forms

Request for Special Accommodation

The SDDOT encourages citizens to express concerns without alleging discrimination by submitting a form for the Request for Special Accommodation. Any request for special accommodations are submitted to the SDDOT ADA Coordinator.

Grievance Policy and Procedures

The SDDOT has a grievance procedure to allow individuals to express concerns about SDDOT's compliance with Section 504 of the Rehabilitation Act of 1973, as amended, and Title II of the ADA. Anyone alleging he or she has been discriminated against, based on disability, in obtaining access to services, programs, activities, and facilities provided by the SDDOT may file a grievance.

Grievances should be submitted to the SDDOT in writing and contain detailed information concerning the alleged discrimination. The department has developed an ADA Grievance Form that may be submitted. The SDDOT will accept grievances that are not in writing if necessary to accommodate a disability. The following information should be provided when filing a grievance:

  • Name
  • Address
  • Phone number and e-mail address, if any
  • Location
  • Description of any alleged incident
  • Description of any physical barriers to accessibility
  • Suggested changes or improvements to achieve accessibility

Grievance forms can also be obtained by contacting:

Office of Legal Counsel
Department of Transportation
700 East Broadway Avenue
Pierre, SD 57501-2586
Telephone: 605-773-3540
Fax: 605-773-3921 or 605-773-4442
Telecommunication Device for the Deaf: 1-800-877-1113
Email: june.hansen@state.sd.us

Below are the grievance procedures for the SDDOT.

  1. The grievant or the grievant's representative should submit the grievance within thirty (30) calendar days of the alleged violation to the ADA Coordinator at the address set forth below.
  2. The ADA Coordinator will review and respond to the grievance in writing (or by another format if necessary to accommodate a disability).

If the grievant disagrees with the decision of the ADA Coordinator, the grievant has the right to file a formal complaint to the South Dakota Division of the Federal Highway Administration by contacting:

Federal Highway Administration
116 East Dakota Ave, Suite A
Pierre, SD 57501

Telephone: 605-224-8033 or 1-800-597-7719 Fax: 605-224-1766
Email: southdakota.fhwa@dot.gov

Grievants also have the right to file a formal complaint to the United States Department of Justice by contacting:

U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, NW
Disability Rights - NYAV
Washington, D.C. 20530
Telephone: 1-800-514-0301
Telecommunication Device for the Deaf: 1-800-514-0383

Updates to SDDOT ADA Transition Plan

Title II [28 CFR §35.150(d)] of the Americans with Disabilities Act of 1990 requires public entities that employ more than 50 people to adopt a transition plan and to evaluate their compliance with the legislation. The State of South Dakota Department of Transportation (SDDOT) has reviewed and continues to review the accessibility of its facilities, programs, services, and activities by persons with disabilities with respect to the public right-of-way.

The department is implementing the improvements to the public right-of-way in phases. The first phase is devoted to achieving compliant curb ramps and pedestrian push buttons within the SDDOT's public right-of-way. The scope of the listed projects is limited to installing curb ramps where there are no ramps, improving accessibility of existing curb ramps, and ensuring pedestrian push buttons are accessible. The SDDOT will subsequently update its ADA Transition Plan to address the remaining pedestrian facilities such as walkways, obstructions or barriers in the pedestrian access routes, and other potential barriers to people with disabilities along pedestrian access routes in the SDDOT's public right-of-way.

A copy of the current ADA Transition Plan update and list of planned projects:

Current Priorities

SDDOT's ADA Transition Plan addresses the public right-of-way on the state highway system. The SDDOT assessed sidewalks, curb ramps, and intersections along state controlled right-of-way within urban areas. The SDDOT conducted various task force and stakeholder meetings to assist with the completion of the self-evaluation and the development of a transition plan. The SDDOT identified and prioritized eight primary areas of concern:

  1. Installation of curb ramps where none currently exists and is necessary to provide access to existing walkways or pedestrian crosswalks.
  2. Modification or installation of new pedestrian push buttons at existing pedestrian crossings where push buttons exist but are not currently accessible to disabled persons (i.e. height/distance barriers or lack of a traversable path to access the push button).
  3. The removal of barriers in the public right-of-way or the modification/addition to the traversable area around obstructions.
  4. Replacement or repair of walkways or sections of walkways that are no longer traversable due to structural deficiencies. A structural deficiency is a surface that is broken up, rough, or heaved, with changes in elevation of greater than a quarter of an inch.
  5. Modification of existing non-compliant curb ramps.
  6. Replacement of existing sidewalk in the public right-of-way that may still be traversable but is currently not ADA compliant.
  7. Installation of walkways in the public right-of-way to provide access to state/local government offices and facilities, transportation, places of public accommodation, employers, and connections to walkways serving other areas.
  8. Installation of detectable warning devices (truncated domes) to existing curb ramps that are structurally compliant.

Self-evaluation and assessment of the public rights-of-way data is available upon request from the SDDOT ADA Coordinator.

Contact Information:

ADA Coordinator, June Hansen

Department of Transportation
Office of Legal Counsel
700 East Broadway Avenue
Pierre, SD 57501-2586

Telephone: 605.773.3540
Telecommunication Relay Service for the Deaf: 1-800-877-1113
Fax: 605.773.4442
Email: june.hansen@state.sd.us

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