PPSAT: Frequently Asked Questions on the ADA (Fixed Routed and Paratransit) Presented by Easter Seals Project ACTION

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4 Meet Your Presenters Krystian Boreyko Penny Everline Donna Smith Ken Thompson

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 5

6 The History of the ADA

7 The Post-War Years Care for returning vets gives impetus to rehabilitation The VA, President’s Committee on the Employment of the Handicapped and National Easter Seals Society starts addressing the removal of barriers in buildings

8 Disability Rights in the Civil Rights Era First accessibility standards for building design: ANSI guidelines “Making Buildings Accessible to and Usable by the Physically Handicapped” 1964, Civil Rights Act bypasses people with disabilities 1964, TTY technology was invented 1965, Title XIX of the social Security Act establishes Medicaid 1968, First international Special Olympics Games 1968 Architectural Barriers Act mandates that all buildings designed with federal funds be made accessible

9 The 1970s- Disability Rights Grow Stronger 1973, Section 504 of the Rehabilitation Act First convention of People First in Portland, OR 1975, The Education for Handicapped Children Act, now IDEA 1977, Disability advocates protest to force the enactment of Section 504 (25 days) 1978, 19 demonstrators block buses in Denver chanting “We will ride!”

10 And Stronger in the 1980’s 1980, The Civil Rights of Institutionalized Persons Act 1982, UN adopts The World Program of Action Concerning the Disabled 1983, started 7 years of protests for accessible transportation by ADAPT 1986 Air Carriers Access Act 1988 FHA amended to include nondiscrimination on the basis of disability 1988, Technology-Related Assistance for Individuals with Disabilities Act

11 The Lynchpin 1990s 1990, The Americans with Disabilities Act 1996, The Telecommunications Act 1999, Olmstead v. L.C.

12 The Structure of the ADA Title I: Employment Title II Part A: State and Local Government Title II Part B: Public Transportation Title III: Private Entities Title IV. Telecommunications Title V. Miscellaneous

13 Title II Covers all state and local government Mandates nondiscrimination on the basis of disability In the delivery of programs, services and activities provided directly or indirectly through contracts Enforced by the Department of Justice and other federal agencies

14 Title II Part B Public Transportation Mandates nondiscrimination on the basis of disability in the provision of transportation services Is enforced by the Department of Transportation Regulated by Title 49 Transportation, Part 37 Transportation Services for People with Disabilities, and Part 38 ADA Accessibility Specifications for Transportation Vehicles

Present Revisions to standards and updates to laws Nationwide efforts to educate the public on the ADA Poised for the next level of systems change!

16 ADA Resources

17 ADA Resources Federal Transit Administration Website: DOT ADA Final Rule 10/19/2011 ADA Regulations  Part 37--Transportation Services for Individuals with Disabilities  Final Rule Adopting New Accessibility Standards--Effective November 29, 2006  Americans with Disabilities Act Accessibility Guidelines (ADAAG)  Part 38--Accessibility Specifications for Transportation Vehicles

ADA Resources TRB’s Transit Cooperative Research Program (TCRP) publications, Topic Guides on ADA Transportation created by DREDF, U.S. Access Board,  Vehicles, Transit Facilities, Public Rights of Way Easter Seals Project ACTION,

19 Paratransit Questions

20 I ride with a personal care attendant (PCA). If I’m unable to take my reserved trip, can my PCA ride in my place? Krystian Boreyko

21 How many companions are allowed to ride with me? Donna Smith

22 Every few years my transit agency requires me to go through a recertification process to retain my paratransit eligibility. My disability does not change. Can they continue to require me to go through this process? Ken Thompson

23 Is there a maximum onboard time or any distance requirements for paratransit according to the ADA? Krystian Boreyko

24 I am planning an out of town trip. Will my paratransit eligibility transfer to the location we are visiting? Donna Smith

25 I live outside of the service area for our local transit agency. Can I still apply for the paratransit service? Krystian Boreyko

26 Fixed-Route Questions

27 What is considered acceptable durable medical equipment, such as oxygen tanks, on public transit vehicles? Ken Thompson

28 How much should a driver assist with a mobility device? Does it depend on what the rider asks for or is there only so much a driver can do to help? Donna Smith

29 If an older adult is sitting in the priority seating area and a person with a disability wants to use that area, should the older adult be asked to move? Ken Thompson

30 If a passenger refuses to move from the priority seating area and we are unable to board a person in a wheelchair, does the 30 minute rule still apply? Krystian Boreyko

31 There is a passenger that occasionally rides with what she claims is a service dog. I have my doubts. What can I do to find out if her dog is a service animal? Krystian Boreyko

32 As a frequent rider, I am uncomfortable with another rider’s service animal. I have expressed to the transit agency that I have allergies and I am not sure the animal is really a service dog. What can I do? Ken Thompson

33 What can we do if a service animal is blocking an aisle either because the bus is too full or too small to accommodate the animal? Donna Smith

34 If a passenger’s service animal is distressed about something or is out of the control of the passenger, what should the bus operator do? Ken Thompson

35 What is the transit agency’s responsibility if a person using a wheelchair is unable to board because the wheelchair is too heavy and prevents the lift from operating or if the wheelchair blocks the aisle once on board? Krystian Boreyko

36 Is someone who has their mobility device appropriately secured in the wheelchair bay required to utilize the lap and shoulder belt available in that space? Donna Smith

37 If a passenger wants to secure his own wheelchair, can he do that? Ken Thompson

38 If a person with a disability has trouble paying the fare, what assistance is the operator required to provide? Krystian Boreyko

39 If the bus is not able to stop directly at the bus stop, either because of snow or construction or another barrier, where should I wait for the bus? Donna Smith

40 Can the driver refuse service for a passenger with a disability that he believes to be intoxicated or if his clothes are soiled? Ken Thompson

41 If a passenger has a speech impairment that prevents clear instructions to the bus driver, can the driver refuse service? What is a reasonable course of action? Krystian Boreyko

42 What bus stops are operators required to call out and what is the responsibility of the bus operator if a person with a disability misses a stop? Donna Smith

Questions Questions can be asked via the chat section on the webinar room OR via the phone To ask a question via the phone, dial * 1 on your touchtone phone. 43

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