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

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

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

4 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. Topic Guides On ADA Transportation

5 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 Topic Guides On ADA Transportation

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

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

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

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

10 TOPIC GUIDE 3 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 ELIGIBILITY FOR ADA PARATRANSIT

11 TOPIC GUIDE 3 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 ELIGIBILITY FOR ADA PARATRANSIT

12 TOPIC GUIDE 3 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 ELIGIBILITY FOR ADA PARATRANSIT

13 TOPIC GUIDE 3 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” ELIGIBILITY FOR ADA PARATRANSIT

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

15 TOPIC GUIDE 3 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 ELIGIBILITY FOR ADA PARATRANSIT

16 TOPIC GUIDE 3 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 ELIGIBILITY FOR ADA PARATRANSIT

17 TOPIC GUIDE 3 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 ELIGIBILITY FOR ADA PARATRANSIT

18 TOPIC GUIDE 3 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 ELIGIBILITY FOR ADA PARATRANSIT

19 TOPIC GUIDE 3 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 ELIGIBILITY FOR ADA PARATRANSIT

20 TOPIC GUIDE 3 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 ELIGIBILITY FOR ADA PARATRANSIT

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

22 TOPIC GUIDE 3 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 ELIGIBILITY FOR ADA PARATRANSIT

23 TOPIC GUIDE 3 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 ELIGIBILITY FOR ADA PARATRANSIT

24 TOPIC GUIDE 3 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 ELIGIBILITY FOR ADA PARATRANSIT

25 TOPIC GUIDE 3 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 ELIGIBILITY FOR ADA PARATRANSIT

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

27 TOPIC GUIDE 3 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 ELIGIBILITY FOR ADA PARATRANSIT

28 TOPIC GUIDE 3 Other Resources FTA ADA website: FTA Office of Civil Rights by phone or ( ) (888) (Voice) (800) (TTY) ELIGIBILITY FOR ADA PARATRANSIT

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

30 TOPIC GUIDE 5 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 ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT

31 TOPIC GUIDE 5 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: or Google “Origin to Destination Service” ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT

32 TOPIC GUIDE 5 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.” ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT

33 TOPIC GUIDE 5 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.” ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT

34 TOPIC GUIDE 5 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 ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT

35 TOPIC GUIDE 5 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.” ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT

36 TOPIC GUIDE 5 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 ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT

37 TOPIC GUIDE 5 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) ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT

38 TOPIC GUIDE 5 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) ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT

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

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

41 TOPIC GUIDE 5 A. 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 ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT

42 TOPIC GUIDE 5 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 ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT

43 TOPIC GUIDE 5 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. ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT

44 TOPIC GUIDE 5 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 ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT

45 TOPIC GUIDE 5 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 ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT

46 TOPIC GUIDE 5 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 ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT

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

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

49 TOPIC GUIDE 5 I.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 ORIGIN TO DESTINATION SERVICE IN ADA PARATRANSIT

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

ON-TIME PERFORMANCE IN ADA PARATRANSIT 51 TOPIC GUIDE 6 Scheduling Practices For On-Time Performance: Using the One-Hour Scheduling Window Correctly Consider rider’s overall travel needs when applying one- hour window Example: If rider gets off work at 5 and requests 5:15 pick-up, window should be 5:15 to 6:15 p.m. Cannot only offer times that require her to leave work early

ON-TIME PERFORMANCE IN ADA PARATRANSIT 52 TOPIC GUIDE 6 Using the One-Hour Scheduling Window Correctly (cont’d.) When rider has latest arrival time (such as doctor appointment), use window on early side to ensure on- time arrival When rider has earliest departure time (such as leaving work), use window from that time to one hour after

ON-TIME PERFORMANCE IN ADA PARATRANSIT 53 TOPIC GUIDE 6 Scheduling to the Appointment or Desired Arrival Time FTA has found repeatedly that scheduling must take into account a rider’s appointment time

ON-TIME PERFORMANCE IN ADA PARATRANSIT 54 TOPIC GUIDE 6 The Importance of a True Negotiation of Trip Times FTA has questioned offering only one pickup time, even within one-hour window, because that’s not negotiation Negotiation suggestion: request information about rider’s time constraints Balance trip negotiation with system efficiency

ON-TIME PERFORMANCE IN ADA PARATRANSIT 55 TOPIC GUIDE 6 Negotiated Time Versus Scheduled Time Notify the rider of any pickup time changes Agreed-upon time should appear on the driver’s manifest Best practice: also include pickup window, appointment time on driver’s manifest

ON-TIME PERFORMANCE IN ADA PARATRANSIT 56 TOPIC GUIDE 6 Consider All Aspects of On-Time Performance On-Time Pickups: The Pickup Window On-time pickup means vehicle arrives within on-time window, not earlier or later Pickup window should not be longer than 30 minutes Avoid very early as well as late pickups

ON-TIME PERFORMANCE IN ADA PARATRANSIT 57 TOPIC GUIDE 6 Five-Minute Wait Time Riders must be ready throughout pickup window If transit agencies establish five-minute wait time, it may not begin until start of pickup window Dispatchers should consider this before approving no- shows

ON-TIME PERFORMANCE IN ADA PARATRANSIT 58 TOPIC GUIDE 6 On-Time Drop-Offs and the Drop-Off Window For many trips, on-time drop-off is more important than on-time pickup FTA reviews found problematic patterns of late arrivals Establish drop-off window, not earlier than one-half hour

ON-TIME PERFORMANCE IN ADA PARATRANSIT 59 TOPIC GUIDE 6 Travel Time Measure separately from on-time performance Compare to fixed route time, including travel to and from stops, and wait time for bus / train

60 ON-TIME PERFORMANCE IN ADA PARATRANSIT TOPIC GUIDE 6 Missed Trips Trip is missed if vehicle never arrives, or arrives outside pickup window and rider doesn’t take trip Dispatchers should code accurately

61 ON-TIME PERFORMANCE IN ADA PARATRANSIT TOPIC GUIDE 6 Missed Trips, cont’d. Involve dispatchers each time vehicle arrives, and rider is absent or doesn’t take trip Missed trips includes trips not served due to: ► Transit agency miscommunications ► Reservations / scheduling errors

ON-TIME PERFORMANCE IN ADA PARATRANSIT 62 TOPIC GUIDE 6 Subscription Service: Don’t Misinterpret 50% Cap Transit agencies with no denials may provide as much subscription service as they wish

NO ‐ SHOWS IN ADA PARATRANSIT Topic Guides on ADA Transportation FUNDED BY THE FEDERAL TRANSIT ADMINISTRATION TOPIC GUIDE 7

Beyond The Rider’s Control Suspensions may not be based on no shows beyond the rider's control. “Beyond the rider’s control” may include: Family emergency Illness precluding rider from calling to cancel Personal attendant or another party who didn't arrive on time to assist rider Rider was inside calling to check ride status and was on hold for extended time NO ‐ SHOWS IN ADA PARATRANSIT 64 TOPIC GUIDE 7

Beyond The Rider’s Control, cont’d. Rider's appointment ran long and couldn’t cancel in a timely way Another party cancelled rider's appointment Mobility aid failed Sudden turn for the worse in someone with variable condition Adverse weather impacted rider's travel plans, precluding timely cancellation NO ‐ SHOWS IN ADA PARATRANSIT 65 TOPIC GUIDE 7

Beyond The Rider’s Control, cont’d. Transit agency error may not be counted as no-show, including: Vehicle arrived late, after the pickup window Vehicle arrived early, before the pickup window, and rider was not ready to go Vehicle never arrived NO ‐ SHOWS IN ADA PARATRANSIT 66 TOPIC GUIDE 7

Beyond The Rider’s Control, cont’d. Vehicle went to wrong location Driver didn't follow correct procedures to locate rider Rider cancelled in a timely way but cancellation was not recorded correctly or wasn't transmitted to driver in time NO ‐ SHOWS IN ADA PARATRANSIT 67 TOPIC GUIDE 7

Suggested Procedures For “Beyond The Rider’s Control” Telephone number to inform transit agency that particular no-shows were beyond rider’s control Published no-show suspension policy should include statement that no-show beyond rider’s control will not count, and that riders are encouraged to contact transit system at special telephone number NO ‐ SHOWS IN ADA PARATRANSIT 68 TOPIC GUIDE 7

Proportion of Trips Missed, Rather Than Absolute Number: Many Policies Too Restrictive “3 no-shows in 30 days” is not considered pattern of abuse by FTA, and should not be basis for suspension FTA asked for reconsideration of other policies, even if not enforced. Leniency in applying policy does not make policy reasonable NO ‐ SHOWS IN ADA PARATRANSIT 69 TOPIC GUIDE 7

Proportion of Trips Missed, Rather Than Absolute Number, cont’d. FTA has often stated that frequency of individual's rides and no-shows should be considered Example: Three no-shows in a month for regular rider who uses paratransit to get to and from work each day plus other trips, is very different from three no-shows by rider who schedules only five trips a month. NO ‐ SHOWS IN ADA PARATRANSIT 70 TOPIC GUIDE 7

Pattern Or Practice Means Both Substantial Number and Above Average Frequency When determining what frequency of no-shows constitutes abuse, consider no-show rate for all riders and adjust upward, so doesn’t penalize riders with average no-show records If overall no-show rate is 5%, rider who no-shows only 5% of scheduled trips should not be considered abuser of service, because this is average Number of no-shows should be considered in addition to frequency NO ‐ SHOWS IN ADA PARATRANSIT 71 TOPIC GUIDE 7

Not difficult to administer NO ‐ SHOWS IN ADA PARATRANSIT 72 TOPIC GUIDE 7

Don’t cancel the return trip NO ‐ SHOWS IN ADA PARATRANSIT 73 TOPIC GUIDE 7

Suspensions: Length “We are looking for suspensions of days, maybe weeks, not suspensions, typically, of months and especially of years.” FTA official, 2009, Project ACTION Distance Learning Session NO ‐ SHOWS IN ADA PARATRANSIT 74 TOPIC GUIDE 7

Suspensions: Financial Penalties – Optional Only ADA allows financial penalty only as an alternative to suspension. A fine may not be mandatory The ADA does not allow transit agency to charge any fee or financial penalty (whether optional or mandatory) because of single no-show, nor for any number of no-shows short of suspension May not charge for trips not taken by rider or rider's companion NO ‐ SHOWS IN ADA PARATRANSIT 75 TOPIC GUIDE 7

Late Cancellations: Functional Equivalent of a No-Show FTA: Late cancellations may result in penalties only if late cancellation is functional equivalent of no-show FTA: Cancellation can be considered late if made less than two hours before scheduled trip Many transit systems can efficiently redeploy vehicles when same-day cancellations occur NO ‐ SHOWS IN ADA PARATRANSIT 76 TOPIC GUIDE 7

Resources from FTA FTA ADA website: FTA Office of Civil Rights by phone or ( ) (888) (Voice) (800) (TTY) NO ‐ SHOWS IN ADA PARATRANSIT 77 TOPIC GUIDE 7

Don’t Forget to Fill Out an Evaluation: NO ‐ SHOWS IN ADA PARATRANSIT 78 TOPIC GUIDE 7