ADA Paratransit: Important Findings From DOT and FTA

1. ADA Paratransit: Important Findings From DOT and FTA Disability Rights Education & Defense Fund (DREDF)

2. ADA Paratransit: Important Findings From DOT and FTA Disability Rights Education & Defense Fund (DREDF)

3. Topic Guides On ADA Transportation ADA Technical Assistance: The Topic Guides on ADA Transportation

4. Topic Guides On ADA Transportation The Topic Guides on ADA Transportation were funded by the Federal Transit Administration (FTA) to provide technical assistance on ADA transportation to transit agencies, riders, and advocates. The Topic Guides on ADA Transportation were developed by the Disability Rights Education & Defense Fund and TranSystems Corporation.

5. Topic Guides On ADA Transportation THE TOPIC GUIDES BRING TOGETHER: • The requirements of the Americans with Disabilities Act • The U.S. Department of Transportation (DOT) ADA regulations • FTA enforcement determinations • Operational best practices for compliance with the ADA • Information from many other sources on ADA transportation

6. Topic Guides On ADA Transportation THIS SERIES OF TOPIC GUIDES CONSISTS OF: 1.Equipment Maintenance 2. Stop Announcement and Route Identification 3. 4. Telephone Hold Time in ADA Paratransit 5.Origin to Destination Service in ADA Paratransit 6.On-Time Performance in ADA Paratransit  7.No-Shows in ADA Paratransit Eligibility for ADA Paratransit Origin to Destination Service in ADA Paratransit On-Time Performance in ADA Paratransit No-Shows in ADA Paratransit

7. Topic Guides On ADA Transportation Find the Topic Guides on ADA Transportation at: dredf.org/ADAtg/

8. 3 TOPIC Topic Guides on ADA Transportation GUIDE ELIGIBILITY FOR ADA PARATRANSIT FUNDED BY THE FEDERAL TRANSIT ADMINISTRATION

9. 3 ELIGIBILITY FOR ADA PARATRANSIT TOPIC Types of Eligibility A.Unconditional eligibility (all trips) B.Conditional eligibility (some trips):   Identify all conditions affecting travel C. Temporary eligibility GUIDE

10. 3 ELIGIBILITY FOR ADA PARATRANSIT TOPIC IMPORTANT DO’S AND DON’TS DO: Base Decisions on Most Limiting Condition Consider: • Applicant’s potential travel throughout entire service area, during all seasons  • Secondary conditions, e.g. disorientation, fatigue, difficulties with balance • Variable conditions that may change travel abilities over time GUIDE

11. 3 ELIGIBILITY FOR ADA PARATRANSIT TOPIC DO: Base Decisions on Most Limiting Condition, cont’d. • Likely that barriers will prevent fixed route travel at some point by applicants with significant disabilities • Individuals who are blind, who use wheelchairs, who have other significant disabilities will likely receive at least conditional eligibility  GUIDE

12. 3 ELIGIBILITY FOR ADA PARATRANSIT TOPIC DO: Develop and Use Comprehensive Task / Skills List • Example list in Appendix 1; should reflect local characteristics • Application may not list all relevant factors • Keep list in mind; note most limiting conditions • Many determinations will require follow-up contact with applicant or named professional GUIDE

13. 3 ELIGIBILITY FOR ADA PARATRANSIT TOPIC DO: Apply Reasonable Person Test • Need not be “literally impossible” to reach bus stop • Eligibility is warranted if reasonable person with disability “would be deterred from making the trip” GUIDE

14. 3 ELIGIBILITY FOR ADA PARATRANSIT TOPIC DO: Identify Specific Abilities and/or Limitations Transit agencies that expect ever to implement trip-by-trip eligibility should identify specific limitations GUIDE

15. 3 ELIGIBILITY FOR ADA PARATRANSIT TOPIC DO: Identify Specific Abilities and / or Limitations, cont’d. For example: Rider is eligible if must go: • More than 3 level blocks, and / or  • Over steep terrain, and / or  • Through snow and ice, and / or • Across an intersection with several lanes of traffic GUIDE

16. 3 ELIGIBILITY FOR ADA PARATRANSIT TOPIC DON’T: Do Conditional Eligibility Only Part Way Finding applicant eligible only in winter presumes ability to travel anywhere in service area in summer; unlikely to be accurate GUIDE

17. 3 ELIGIBILITY FOR ADA PARATRANSIT TOPIC DON’T: Make Blanket Denials Based on Type of Disability • Even with motorized wheelchair, obstacles can remain • Even with stop announcements, obstacles can remain for people who are blind or have vision impairments GUIDE

18. 3 ELIGIBILITY FOR ADA PARATRANSIT TOPIC DO: Apply Variable Conditions Appropriately • Transit agency can usually use eligibility conditions to see if fixed route is good trip option • Sometimes only the rider can determine this—e.g. some people with MS, some people with psychiatric disabilities GUIDE

19. 3 ELIGIBILITY FOR ADA PARATRANSIT TOPIC DON’T: Base Eligibility On Travel Training Not Yet Completed • May not require travel training • Base decision on current ability • Temporary eligibility is best practice if rider voluntarily enters travel training • Reassess before temporary eligibility expires GUIDE

20. 3 ELIGIBILITY FOR ADA PARATRANSIT TOPIC DON’T: Deny Eligibility Based On Prior, Occasional Use of the Fixed Route System • Occasional use of bus does not mean rider can always use it  • Can inadvertently discourage fixed route use GUIDE

21. 3 ELIGIBILITY FOR ADA PARATRANSIT TOPIC DON’T: Mix Eligibility With Common Wheelchair Definition • Don’t deny eligibility because wheelchair doesn't meet common wheelchair definition • Address as separate issue GUIDE

22. 3 ELIGIBILITY FOR ADA PARATRANSIT TOPIC DO: Interpret Safety Issues Properly • Generally, public safety not factor (e.g. high crime rate) • Yet riders need personal safety skills to successfully use fixed route • Lack can form basis for eligibility  • Distinguish between disability-related safety issues and general safety concerns GUIDE

23. 3 ELIGIBILITY FOR ADA PARATRANSIT TOPIC ELIGIBILITY DETERMINATION PROCESS No Fees • Must provide transportation without charge to eligibility appointments if needed (Note: same for appeals) • No hidden fees, such as for: • Info from medical professional • Photo ID cards GUIDE

24. 3 ELIGIBILITY FOR ADA PARATRANSIT TOPIC In-Person Interviews and Functional Assessments • Some disabilities cannot be evaluated by functional assessments (for example: seizure disorders, psychiatric disabilities) • Project ACTION guidebook Determining ADA Paratransit Eligibility: An Approach, Guidance and Training Materials • Use appropriate professionals GUIDE

25. 3 ELIGIBILITY FOR ADA PARATRANSIT TOPIC Collect Adequate Information • Don’t deny due to inconsistent information or unanswered questions on paper application  • Gather more information  • Don’t rely on appeal process; initial determination should be accurate GUIDE

26. 3 ELIGIBILITY FOR ADA PARATRANSIT TOPIC Not Overly Burdensome Process may not be overly burdensome for applicants GUIDE

27. 3 ELIGIBILITY FOR ADA PARATRANSIT TOPIC Appeal Process For Denials of Eligibility • Appeal must be available if eligibility is denied or limited  • May require appeals to be filed within 60 days  • If applicant misses deadline, may reapply for eligibility at any time. If denied again, may appeal GUIDE

28. 3 ELIGIBILITY FOR ADA PARATRANSIT TOPIC Other Resources • FTA ADA website: www.fta.dot.gov/ada • FTA Office of Civil Rights by phone or e-mail: FTA.ADAAssistance@dot.gov (E-mail) (888) 446-4511 (Voice) (800) 877-8339 (TTY) GUIDE

29. 5 TOPIC Topic Guides on ADA Transportation GUIDE ORIGIN TO DESTINATIONSERVICE IN ADA PARATRANSIT DOOR-TO-DOOR SERVICE IS REQUIRED WHEN NECESSARY FUNDED BY THE FEDERAL TRANSIT ADMINISTRATION

30. 5 ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT TOPIC The Right to Assistance Beyond The Curb (When Necessitated by Disability) • ADA paratransit is “origin to destination service” • ADA allows transit agencies to establish whether overall service is door-to-door (DTD) or curb-to-curb (CTC) • Driver must assist riders to enter and exit vehicle GUIDE

31. 5 ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT TOPIC The Right to Assistance Beyond The Curb (When Necessitated by Disability), cont’d. • DOT published Disability Law Guidance on “Origin to Destination Service” in 2005 • Find this DOT Guidance at: www.fta.dot.gov/civilrights/ada/civil_rights_3891.html or Google “Origin to Destination Service” GUIDE

32. 5 ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT TOPIC The Right to Assistance Beyond The Curb (When Necessitated by Disability), cont’d. • Guidance explains: if CTC is standard, must still provide additional assistance if needed, on basis of disability Guidance states: “This term [origin to destination service] was deliberately chosen [in the DOT ADA regulation] … to emphasize the obligation of transit providers to ensure that eligible passengers are actually able to use paratransit service to get from their point of origin to their point of destination.” GUIDE

33. 5 ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT TOPIC The Right to Assistance Beyond The Curb (When Necessitated by Disability), cont’d. Guidance further states: “Where … curb-to-curb service [is] the basic service mode, however, provision should still be made to ensure that the service available to each passenger actually gets the passenger from his or her point of origin to his or her destination point. … service may need to be provided to some individuals, or at some locations, … beyond curb-to-curb service.” GUIDE

34. 5 ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT TOPIC The Right to Assistance Beyond The Curb (When Necessitated by Disability), cont’d. Guidance gives examples: • Nature of individual’s disability or adverse weather conditions may prevent negotiating distance from door to curb • Sidewalk construction may prevent passenger from traveling between curb and door GUIDE

35. 5 ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT TOPIC The Right to Assistance Beyond The Curb (When Necessitated by Disability), cont’d. Guidance concludes: “Under the ADA … it is not appropriate for a paratransit provider to establish an inflexible policy that refuses to provide service ... beyond the curb in all circumstances. On an individual, case-by-case basis, paratransit providers are obliged to provide an enhancement to service when it is needed and appropriate to meet the origin-to-destination service requirement. We recognize that making individual, case-by-[case] judgments may require additional effort, but this effort is necessary to ensure that the origin-to-destination requirement is met.” GUIDE

36. 5 ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT TOPIC Limitations On This Right • Not required to fundamentally alter nature of service or create undue burdens • Driver not required to: • Go beyond doorway into building • Leave vehicle unattended for lengthy periods • Lose ability to keep vehicle under visual observation GUIDE

37. 5 ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT TOPIC Local Policies Vary Most DTD policies don’t allow driver to:  • Go into building  • Go out of sight of vehicle  • Lose effective control over the vehicle (particularly if other riders are on board) GUIDE

38. 5 ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT TOPIC Local Policies Vary, cont’d. Most common ways to define “lose effective control over vehicle” are: • Lose sight of vehicle, or • Travel more than certain distance from vehicle (150 feet is typical) GUIDE

39. 5 ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT TOPIC Local Policies Vary, cont’d. • Yet local policies vary greatly • Even with clear policies, situations that lie outside policy are often accommodated informally GUIDE

40. 5 ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT TOPIC Additional Examples: When is Door-To-Door Service Required? The following are additional examples to illustrate how to apply DOT Origin to Destination Guidance. GUIDE

41. 5 ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT TOPIC • Steps—Rider Using Wheelchair Must a driver help a wheelchair user down a flight of steps? • No, too great a risk of harm • Many transit agencies will provide assistance up or down one step or curb GUIDE

42. 5 ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT TOPIC B. Steps—Ambulatory Rider With Mobility Disability If a rider walks with limited mobility, must driver assist up and down steps? Yes, this is reasonable assistance, if other policies, such as maintaining effective control of vehicle, are not compromised GUIDE

43. 5 ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT TOPIC C. Clear Path of travel Must driver work to clear a path of travel? Driver is not required to do extensive work to clear path of travel. But more easily performed action, such as moving one or two objects, would be required. GUIDE

44. 5 ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT TOPIC D. Doors and Ramps Must driver open door for rider? Must driver push a wheelchair user up a ramp? • Yes, both. • Exterior door • Ramp with excessively steep slope can be too great a risk of harm GUIDE

45. 5 ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT TOPIC E. Carrying Packages Does Guidance require driver to carry groceries / packages? If groceries or packages would be allowed on fixed route, a limited amount must be carried if needed by rider due to disability GUIDE

46. 5 ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT TOPIC F. Snow Must driver push someone through snow? • Yes, Guidance discusses adverse weather conditions • Deep snow or very icy conditions may be fundamental alteration or direct threat, and not required • But many other circumstances, such as one or two inches of snow, is reasonable assistance • Not required to shovel snow GUIDE

47. 5 ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT TOPIC G. Doorbell Must driver ring doorbell? Yes, if outside of building. GUIDE

48. 5 ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT TOPIC H. Two Staff Persons If rider needs two transit agency staff, is that required? No, this is fundamental alteration of ADA paratransit service GUIDE

49. 5 ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT TOPIC • Long Steep Curved Driveway Must driver come up long steep curved driveway and lose sight of vehicle? No, but if driver goes part way, there may be someone else at home or on-site who can do the rest GUIDE

50. 6 TOPIC Topic Guides on ADA Transportation GUIDE ON‐TIME PERFORMANCE IN ADA PARATRANSIT FUNDED BY THE FEDERAL TRANSIT ADMINISTRATION