3 TOPIC Topic Guides on ADA Transportation GUIDE ELIGIBILITY FOR ADA PARATRANSIT THIS SERIES OF TOPIC GUIDES INCLUDES: A Series of Topic Guides 1 Equipment Maintenance for Transit 2 Stop Announcements and Route Identification Agencies, 3 Eligibility for ADA Paratransit Riders, and 4 Advocates on Telephone Hold Time in ADA Paratransit the Americans 5 Origin To Destination Service in ADA Paratransit with Disabilities 6 On‐Time Performance in ADA Paratransit Act (ADA) and 7 No‐Shows in ADA Paratransit Transportation The series is available at http://dredf.org/ADAtg FUNDED BY THE FEDERAL TRANSIT ADMINISTRATION 1 3 ELIGIBILITY TOPIC FOR ADA PARATRANSIT GUIDE TABLE OF CONTENTS INTRODUCTION 5 ELIGIBILITY CATEGORIES 6 a. Can’t Navigate the System Independently 6 b. Needs an Accessible Vehicle 6 c. Obstacles Prevent Reaching the Bus or Train 8 TYPES OF ELIGIBILITY 8 a. Unconditional Eligibility (All Trips) 9 b. Conditional Eligibility (Some Trips) 9 c. Temporary Eligibility 9 APPLYING CONDITIONAL ELIGIBILITY: TRIP‐BY‐TRIP ELIGIBILITY 10 Case Study on Trip‐by‐Trip Eligibility: 11 Access Transportation in Pittsburgh, Pennsylvania RESIDENCY NOT A FACTOR 12 AT LEAST ONE COMPANION MAY ALSO RIDE 13 Other Key Issues Regarding Companions and Personal Attendants 13 IMPORTANT DO’S AND DON’TS 14 DO: Strictly Limit, Using Best Practices in the Transit Industry 14 DO: Base Decisions On Most Limiting Condition 15 (Table of Contents continues on next page) Published June 2010 By the Disability Rights Education & Defense Fund (DREDF) and TranSystems Corporation1 Funded by the Federal Transit Administration2 ©2010 DREDF and TranSystems Corporation Reproduction of this document is encouraged. Topic Guides on ADA Transportation 2 3 ELIGIBILITY TOPIC FOR ADA PARATRANSIT GUIDE DO: Develop and Use a Comprehensive Task/Skills List 16 DO: Apply Reasonable Person Test 17 DO: Identify Specific Abilities and/or Limitations 17 DON'T: Do Conditional Eligibility Only Part Way 17 DO: Manage Weather‐Related Eligibility Appropriately 18 DON’T: Make Blanket Denials Based On Type of Disability 19 DO: Apply Variable Conditions Appropriately 20 DON’T: Base Eligibility on Travel Training Not Yet Completed 21 DON’T: Deny Eligibility Based on Prior, Occasional Use 21 of the Fixed Route System DON'T: Require Applicants to Identify Where They Cannot Go 22 DON’T: Mix Eligibility With the Common Wheelchair Definition 23 DO: Allow Applicant Choice of Mobility Aid 23 DO: Interpret Safety Issues Properly 23 DON’T: Limit Travel By Children Inappropriately 24 DON’T: Limit Eligibility Based On Trip Purpose 25 DON’T: Steer Applicants Away From ADA Paratransit 25 DON’T: Grant “Feeder Service Only” Eligibility 26 ELIGIBILITY DETERMINATION PROCESS 26 No Fees 26 Twenty‐One (21) Day Process 26 In‐Person Interviews and Functional Assessments 28 Collect Adequate Information 29 Not Overly Burdensome 29 Eligibility Determination Letters 29 Appeal Process for Denials of Eligibility 31 (Table of Contents continues on next page) Topic Guides on ADA Transportation 3 3 ELIGIBILITY TOPIC FOR ADA PARATRANSIT GUIDE Recertification 33 Visitors 33 Suspension for a Pattern of Missing Scheduled Trips, or No‐Shows 34 Accessible Formats 35 WHAT ELSE APPLICANTS, RIDERS, AND ADVOCATES NEED TO KNOW 36 Documentation Applicants May Wish To Submit 36 Bring Help If You Need It 37 More About Personal Attendants 37 If You Are Denied 38 Other Resources 40 The Role of Riders and Advocates 40 WHAT ELSE TRANSIT AGENCIES NEED TO KNOW 40 Policy Manual 40 Record Keeping 40 Complaint Investigation 41 GENERAL RESOURCES FROM FTA 41 APPENDIX 1: 42 Assessing Abili*es to Use Fixed Route Transit Services APPENDIX 2: 45 Condi%onal Eligibility—Excerpts from Easter Seals Project Ac3on Teleconference Featuring Karen Hoesch ENDNOTES 60 Topic Guides on ADA Transportation 4 3 ELIGIBILITY TOPIC FOR ADA PARATRANSIT GUIDE INTRODUCTION The Americans with Disabilities Act (ADA) requires complementary paratransit in view of the fact that there will always be some people with disabilities who are unable to navigate the fixed route3 bus and train systems on their own. Public transit agencies that provide fixed route transportation to the general public must ensure the provision of paratransit service to people with disabilities who are unable to use the fixed route system. Because the ADA requires paratransit service only for people who are unable to use the fixed route service due to a disability, eligibility determination focuses solely on the person’s functional ability to use the fixed route service. This Topic Guide on Eligibility for ADA Paratransit4 first addresses the ADA eligibility rules, then offers important best‐practice do’s and don’ts, and analyzes the eligibility process. Subsequent sections explain what else applicants, riders, and advocates need to know, as well as what else transit agencies need to know. Then two appendices provide key additional information about ADA paratransit eligibility. More information about ADA paratransit eligibility is available in the National Transit Institute course on Comprehensive ADA Paratransit Eligibility5 and in the Easter Seals Project ACTION report entitled Determining ADA Paratransit Eligibility: An Approach, Guidance and Training Materials.6 FTA determinations in ADA compliance reviews indicate key transit agency requirements and responsibilities. The Topic Guide Series on ADA Transportation is for transit agencies, public transit riders and paratransit applicants, and disability advocates. The Topic Guides bring together the requirements of the ADA and the U.S. Department of Transportation (DOT) ADA regulation, Federal Transit Administration (FTA) determinations, and best operational practices on each topic. The Federal Transit Administration enforces the ADA in the area of publicly funded transit. Readers who wish to understand the most authoritative and up‐to‐date interpretations of the ADA transportation requirements may wish to check both the text and endnotes of this Topic Guide to find specific FTA determinations on particular paratransit eligibility issues. The determinations FTA makes in its ADA compliance reviews indicate key transit agency requirements and responsibilities that are important for transit agencies to implement. In each ADA compliance review, FTA Findings are the basis for corrective actions by the transit agency. FTA Recommendations identify one possible way to address the Findings. Many of the Topic Guides on ADA Transportation 5 3 ELIGIBILITY TOPIC FOR ADA PARATRANSIT GUIDE reviewed agencies have implemented service improvements since the time of their reviews. The FTA ADA compliance reviews may be found in full at www.fta.dot.gov/civilrights/ada/civil_rights_3899.html, or go to www.fta.dot.gov/ada and select FTA ADA Compliance / ADA Compliance Review Final Reports. The Topic Guide series on ADA Transportation also draws information from many other sources, including DOT Disability Law Guidance; FTA ADA Letters of Finding and Bulletins; Transportation Research Board and National Council on Disability publications; National Transit Institute courses; Easter Seals Project ACTION publications and Distance Learning Sessions; American Public Transportation Association draft Recommended Practices; and the recommendations of nationally recognized ADA paratransit operators, planners, and researchers on the best operational practices for implementing ADA requirements. ELIGIBILITY CATEGORIES The ADA establishes three general eligibility categories, or three general criteria for determining which riders are eligible for ADA paratransit. A. CAN’T NAVIGATE THE SYSTEM INDEPENDENTLY A person who cannot navigate the transit system without assistance is eligible for ADA paratransit. Examples include: • An individual with a cognitive disability, if he doesn’t know where to get off the bus. • A person with a vision disability who cannot travel in an unfamiliar location or cannot navigate complex transfers. • A person whose lack of manual dexterity and lack of balance makes her unable to stand up and hang on, so she always needs a seat on the bus or train (since a seat cannot always be guaranteed). Bus drivers (vehicle operators) are required to provide assistance with the use of accessibility equipment on the vehicle, such as lifts, ramps, securement devices, and so forth. The need for this assistance is not a basis for paratransit eligibility, as long as the required assistance is actually provided. B. NEEDS AN ACCESSIBLE VEHICLE Also eligible are people with disabilities who can use accessible buses—that is, vehicles with lifts, ramps, or other boarding assistance devices—when they want to travel on routes that are Topic Guides on ADA Transportation 6 3 ELIGIBILITY TOPIC FOR ADA PARATRANSIT GUIDE still not fully served by accessible buses, or when their bus stop is not accessible due to physical characteristics of the stop. Inaccessible bus routes and bus stops trigger eligibility. The Department of Transportation (DOT) regulation Appendix D, which provides interpretive guidance on the regulation, states that a bus route as accessible when all buses scheduled on the route are accessible. A route with every other bus accessible is not fully accessible. So a person in this eligibility category who travels in that route’s corridor would have paratransit eligibility until every bus on every run is accessible.7 A person is also eligible for paratransit when boarding or disembarking at a bus stop is not possible due to the inaccessibility of the stop. In addition, if the lift or ramp on a vehicle cannot be deployed at a particular stop, an individual with a disability who needs to use the lift or ramp at that stop is eligible for paratransit under this category. However, the ADA contains strict rules about buses serving every stop with the lift or ramp. The transit agency may not refuse to permit a passenger who uses a lift or ramp to board or disembark from a vehicle at any designated stop unless the lift cannot be deployed at the stop, or unless the lift will be damaged if it is deployed, or unless all passengers are precluded from using the stop due to temporary conditions at the stop that are not under the control of the transit agency.8 People are also eligible if they can use accessible trains, but they want to travel on an inaccessible light rail or rapid rail line. A rail line is not considered accessible until a transit agency has made all key stations accessible and provided at least one accessible car per train. If an area is served by both bus and rail, even if the bus service is 100 percent accessible, riders have paratransit eligibility if they are traveling to and from stops where key stations are not accessible. Some cannot use the fixed route system when the stops are not called. Another key feature needed to make the fixed route system accessible to certain people with disabilities is stop announcements. Some people who are blind or have vision impairments and some people with cognitive disabilities are unable to use the fixed route system when the stops Topic Guides on ADA Transportation 7 3 ELIGIBILITY TOPIC FOR ADA PARATRANSIT GUIDE are not called. In these cases, such riders have paratransit eligibility until the problem is remedied and the fixed route system becomes accessible.9 C. OBSTACLES PREVENT REACHING THE BUS OR TRAIN Also eligible is anyone who, because of a disability, cannot travel to or from the bus stop or train station due to, for example, distance, terrain, weather, safety, or other obstacles that impede them due to their disability. To trigger eligibility, the obstacles must hinder the individual beyond simply being inconvenient. At the same time, it is not necessary for independent travel to be completely impossible. As the DOT ADA regulation Appendix D states: Inevitably, some judgment is required to distinguish between situations in which travel is prevented and situations in which it is merely made more difficult. In the Department's view, a case of “prevented travel'' can be made not only where travel is literally impossible (e.g., someone cannot find the bus stop, someone cannot push a wheelchair through the foot of snow or up a steep hill) but also where the difficulties are so substantial that a reasonable person with the impairment‐related condition in question would be deterred from making the trip.10 This has come to be called the “reasonable person” test. Travel is “prevented” if a reasonable person with the disability would be deterred from making the trip. For example, an individual with an ambulatory disability may be able to go six blocks to a bus stop, but doing so takes so long and is so physically difficult that it affects him for the rest of the day. While not physically impossible, a reasonable person would be deterred from making this trip. TYPES OF ELIGIBILITY The ADA requires consideration of eligibility for trips that an applicant or rider makes or might make. For this reason, different types of eligibility that have developed in the transit industry, including: Topic Guides on ADA Transportation 8 3 ELIGIBILITY TOPIC FOR ADA PARATRANSIT GUIDE A. UNCONDITIONAL ELIGIBILITY (ALL TRIPS) This is a person’s eligibility category when it is not reasonable to use the fixed route service under any circumstances, regardless of weather, distance to the stop, and so on. B. CONDITIONAL ELIGIBILITY (SOME TRIPS) In this type of eligibility, the person can be reasonably expected to make some trips on the fixed route service. For example, a person may be able to reach bus stops that are no more than three blocks away, and where there is a safe, accessible path of travel, but she may require paratransit if distances are greater than three blocks, or if there are path of travel obstacles such as steep hills, deep snow or ice, or other obstacles. Another person may have a variable health condition; on some days fixed route use is possible and on other days, it is not. [Also see Appendix 2, Conditional Eligibility Teleconference Excerpts, p. 45 and DO: Apply Variable Conditions Appropriately below, p. 20]. Iden%fy all condi%ons that affect travel. When transit agencies determine individuals conditionally eligible, they should identify all conditions that affect travel. Omitting any of the conditions that affect travel will inappropriately limit the rider’s eligibility. FTA has found in ADA compliance reviews that some transit providers did not adequately consider path‐of‐travel barriers, weather, and other possible issues when setting conditional eligibility.11 Reports from transit systems that have relatively thorough eligibility determination processes suggest that approximately 30 to 45 percent of all eligible people require the service only under certain conditions.12 Moving a portion of these trips to the fixed route service can result in significant cost savings to transit providers, though this needs to be done in a manner that is consistent with the ADA requirements, and with best operational practices, many of which are described in this Topic Guide. C. TEMPORARY ELIGIBILITY The ADA also includes temporary eligibility for people with disabilities that prevent them from using the fixed route system for a limited period of time. Topic Guides on ADA Transportation 9 3 ELIGIBILITY TOPIC FOR ADA PARATRANSIT GUIDE APPLYING CONDITIONAL ELIGIBILITY: TRIP‐BY‐TRIP ELIGIBILITY For riders who have conditional eligibility, for each trip they request, the transit agency may assess (or “screen”) whether that particular trip’s circumstances meet the conditions under which the rider is eligible. This is known as trip‐by‐trip eligibility (also called simply “trip eligibility”). Conditional eligibility and trip‐by‐trip eligibility form a two‐stage process. Conditional eligibility and trip‐by‐trip eligibility form a two‐stage process. First, in conditional eligibility, the transit agency assesses an individual’s functional ability to use the fixed route transit system. Second, in trip eligibility, the transit agency applies the individual’s conditions to his or her specific trips, one by one. Neither conditional nor trip eligibility is required by the ADA. But when they are implemented properly, consistent with the best operational practices in the transit industry, it can save money for transit agencies while preserving the ADA rights of riders. It can also yield additional benefits, such as specific information on how to make the fixed route system more accessible [also see Appendix 2, Conditional Eligibility Teleconference Excerpts, p. 45]. Many of the best operational practices in conditional and trip‐by‐trip eligibility are described in this Topic Guide. More information is available in the National Transit Institute course on Comprehensive ADA Paratransit Eligibility13 and in the Easter Seals Project ACTION report entitled Determining ADA Paratransit Eligibility: An Approach, Guidance and Training Materials.14 In doing trip eligibility, transit agencies consider environmental and other conditions, such as the path of travel to and from the bus stops, for every trip request, or for every request in certain categories, such as night trips or those taken during winter months. If the streets and barriers along the route of the trip request have not been assessed, the rider is given presumptive eligibility for that route until the completion of an environmental assessment.15 A few transit agencies screen most or nearly all requested trips for their conditionally eligible riders; many more screen some percentage of trips, focusing on the most frequent trips or subscription trips. Transit agencies that do significant trip‐by‐trip screening include those in Pittsburgh, Seattle, Spokane, Salt Lake City, Dayton, Corpus Christi, and Philadelphia. Topic Guides on ADA Transportation 10
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