ADA Complementary Paratransit Basics: Part 1

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ADA ComplementaryParatransit Basics: Part 1Paratransit Eligibility

Photo: TARC

Meet Your Trainer

Donna Smith

Director of Training

Easter Seals Project ACTION

ESPA Technical Assistance

• Strives to provide accurate information on the ADA

• Does not carry the force of law

• Seeks solutions using the ADA as a baseline

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What is ADA Complementary

Paratransit

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ADA Complementary Paratransit

• Paratransit as a complement to fixed route service– Each public entity operating a fixed route system

shall provide paratransit or other special service to individuals with disabilities that is comparable to the level of service provided to individuals without disabilities who use the fixed route system. § 37.121 (a).

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Who is Eligible for Paratransit

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Eligibility for Paratransit Services

Three categories of eligibility:

•Category 1: includes persons with disabilities that are

unable to use accessible fixed route service

•Category 2: includes persons with disabilities that have

the ability to use the accessible fixed route services, but

the service available is not accessible

•Category 3: includes persons with disabilities that are

unable to travel to or from a station or a bus stop

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Types of Eligibility

• Unconditional: Not reasonable for individual to use

fixed-route services for any trips under all conditions

• Conditional: Individual is able to use fixed-route

services under certain conditions

• Temporary: For an individual whose disability is

temporary or functional abilities are expected to

change

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Common Practice - The Eligibility Process may Include

• A paper application

• Confirmation of disability by a physician or other

professional

• Interview – phone or in-person

• Functional physical assessment

• Functional cognitive assessment

• Path of travel assessment

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Determining ADA Paratransit EligibilityMaster Functional Skills

• Basis for eligibility considerations• Each transit task and personal ability necessary for

completion of each• Exhaustive, complete, under all conditions.• Physical, cognitive and sensory

– To and from the bus– Waiting for and getting on and off the bus– Riding the bus– Dealing with the unexpected

• Reflects your community

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Conditions of eligibility

• The specific conditions that prevent an individual

from using fixed route– Personal conditions– Transit system conditions– Environmental conditions– Architectural conditions

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Specific conditions

• Rational process to determine• Thorough and complete• Little or no interpretation required

– What is “safely?”– What is “dangerous?”– What are “barriers?”

• Two people should independently get the same answer– Measurable– Meaningful

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How many conditions are too many?

• No absolute number• None can be left out !!!!!• Resident who uses wheelchair – minimum:

– Snow and ice– Curb cuts– Berm of road– Accessible stop - less than 5ft from traffic, no

sidewalk– Uneven surfaces (gravel, unpaved path) and no

alternate path of travel

Eligibility For Those Who are Blind or Have Low Vision

An assumption that once a bus system is served by

automated bus stop announcements, people who are blind

or have vision impairments can all use the transit system,

ignores the fact that a case-by-case determination still

needs to be made, due to many factors, including:

NOTE: The information on slides 15-20 comes from the

ADA Topic Guide on ADA Paratransit Eligibility developed

by DREDF and the FTA 14

Eligibility For Those Who are Blind or Have Low Vision

Traveling to unfamiliar locations. For a location to be familiar

means that the person knows how to use the fixed route

service to get there. Some systems have wrongly classified a

location as "familiar" simply because the person made trips

there before on the paratransit system.

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Eligibility For Those Who are Blind or Have Low Vision

Traveling where there is not a safe, detectable path of

travel. The conventional wisdom is that the individual

must be able to stay at least five feet from quickly

moving traffic and must have a detectable path that

stays separate from the street. In addition to roadways

without sidewalks, wide-open parking lots present

another major barrier.

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Eligibility For Those Who are Blind or Have Low Vision

Crossing busy streets and intersections, including

intersections that allow constant right-on-red turns, and

intersections with crossings that aren't aligned. Further, the

lack of accessible pedestrian signals and detectable

warnings, important features of accessible public rights-of-

way, may confer eligibility.

Traveling in areas with a lot of ambient background noise

that precludes a traveler from hearing how traffic is moving

and utilizing these cues. 17

Eligibility For Those Who are Blind or Have Low Vision

Using bus stops that are not detectable. If a traveler

cannot locate a bus stop (for example, if the pole is

away from the sidewalk up a hill), the stop is not

detectable. Bus stops that lack unique tactile identifiers

are also, arguably, not detectable.

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Eligibility For Those Who are Blind or Have Low Vision

Traveling after dark (night-blindness issues).

Much depends on the level of independent travel skills

of each person. This is information that only the rider

and individuals who may have worked with him or her

on mobility and orientation can provide. 

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Eligibility Determination Requirements

• Information shall be made available in accessible

formats upon request

• Transit agency has 21 days to complete application

or presumptive eligibility must be provided unless and

until the application is denied

• Applicant must be notified in writing of initial

determination of eligibility

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ADA Eligibility Appeals

• An administrative appeal process must be

available

• Applicant can appeal:

– Denial of ADA paratransit eligibility

– Conditions placed on eligibility

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ADA Eligibility Appeals (cont.)

• Applicant must have at least 60 days to file an appeal

• Appeal process must be a

separate function

• Appellants must have the

right to be heard in person

• Appellants must be notified in writing (including

reasons for denial, if applicable)

• The transit agency must provide

presumptive eligibility if the decision

takes more than 30 days.22

PCAs, Companionsand Visitors

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Personal Care Attendant (PCA)

• PCA’s assistance enables individuals with

disabilities/older adults to live more independently

• A PCA is usually paid to provide services for

individuals with disabilities/older adults

• PCAs ride paratransit vehicles at no cost to the

passenger or the PCA

• Family or friends can be PCAs if they are traveling

with the individual in that capacity

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Companions

• At least one additional person can accompany the

ADA paratransit eligible passenger as a companion

• Additional individuals can also accompany the

passenger if space is available and it does not result

in a denial of service to ADA paratransit eligible

individuals

• Companions must share the same origin and

destination and will pay the same fare

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Visitors

• A visitor is an individual with disabilities who does not

reside in the jurisdiction(s) served by the public entity

or other entities with which the public entity provides

coordinated complementary paratransit service within

a region

• Visitors that have been certified as ADA paratransit

eligible must be provided up to 21 days of paratransit

service

• Visitors that claim to be ADA paratransit eligible must

be provided presumptive eligibility for up to 21 days 26

Resources

• ADA Transportation Regulations -

http://www.fta.dot.gov/civilrights/12876.html

• Easter Seals Project ACTION – www.ProjectACTION.org

• Determining ADA Paratransit Eligibility: An Approach,

Guidance and Training Materials – Can be found in

ESPA’s online store -

http://www.projectaction.org/ResourcesPublications.aspx

• FTA ADA Topic Guides on Transportation -

http://dredf.org/ADAtg/ 27

Group Exercise

• Break into 2 groups

• Identify a recorder

• Read your vignette as a group

• Determine whether or not your vignette would be

complementary paratransit eligible. – If so, what type of eligibility would she have? – If not, what reasons would you provide in her

denial letter?

• You will have 15 minutes to discuss28

Questions

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