ada complementary paratransit basics: part 1
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ADA Complementary Paratransit Basics: Part 1. Paratransit 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 - PowerPoint PPT PresentationTRANSCRIPT
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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.
16
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
21
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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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1425 K Street NW, Suite 200
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1-202-347-3066
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