1. The Americans with Disabilities Act of 1990 Civil rights protection for over 43 million Americans.

2. Helpful Sources Americans with Disabilities Act Website www.ada.gov Easter Seals Project Action www.projectaction.org US Government Publishing Office www.ecfr.gov National Transit Institute www.ntionline.com Americans with Disabilities Act: Guidance Circular www.transit.dot.gov

3. ADA Guidance Circular www.transit.dot.gov Produced November 2015 Circular provides guidance to recipients and sub recipients of Federal Transit Administration (FTA) financial assistance necessary to cary out provisions of the Americans with Disabilities Act (ADA) of 1990…and the U.S. Department of Transportation’s implementing regulations at 49 CFR Parts, 27,37, 38, and 39.

4. Goals of ADA Independence Integration Economic Self-sufficiency Unemployment rate for person’s with disabilities? 60-70%

5. ADA Guidance Circular Chapter 2 – General Requirements As a comprehensive civil rights law, the ADA grants the same rights and responsibilities to individuals with disabilities as are available to all individuals. Fundamentally, the overarching requirement of the law is that entities cannot discriminate against individuals with disabilities. Prohibition Against Discrimination Examples of discriminatory policies or practices Refusing to provide service because of a person’s disability Requiring individuals with disabilities to use seat belts or shoulder harnesses when other riders on the same vehicle are not also required to do the same Requiring riders who use wheelchairs to wear a special body belt as a condition of using lifts on vehicles or riding on transportation systems Requiring riders who board a vehicle with a service animal to first disclose the nature of their disability to receive transportation Requiring adults to accompany children under a certain age in order to use complementary paratransit without having the same age requirement to ride the fixed route system Prohibiting an individual with a disability from serving as a personal care attendant (PCA) for another rider with a disability

6. ADA Guidance Circular Chapter 2 – General Requirements An entity shall not, on the basis of disability, deny to an individual with a disability the opportunity to use the entity’s tranpsortation service for the general public, if the individual is capable of using that service. Cannot compel individual to use paratransit service Often based on a belief the passenger will “take too long” to board a bus Perception of ‘safety’ Good practice to have written conduct policies and internal policies

7. ADA Guidance Circular Chapter 2 – General Requirements An entity shall not impose special charges…on individuals with disabilities, including individuals who use wheelchairs, for providing services…necessary to accommodate them. Charging more to ride in lift-equipped vehicles Charging more for assistance beyond the curb if using complementary paratransit Charging for travel to interviews or functional assessments, photo ID’s Imposing mandatory fee for cancelled trips or no-shows

8. ADA Guidance Circular Chapter 2 – General Requirements An entity shall not require that an individual with a disability be accompanied by an attendant. Agencies may refuse service to individuals with disabilities if they engage in violent, seriously disruptive, or illegal conduct, or if they pose a threat to the health or safety of others May condition service to passenger on actions that would mitigate problem-could include attendant

9. ADA Guidance Circular Chapter 2 – General Requirements Required Lifts Ramps Securement Systems Door to door Not Required Use of oxygen Medical Equipment Administering Medication Personal Needs

10. ADA Guidance Circular Chapter 2 – General Requirements Service Denial Due to Rider Conduct “It is not discrimination under this part for an entity to refuse to provide service to an individual with disabilities because the individual engages in violent, seriously disruptive, or illegal conduct, or represents a direct threat to the health or safety of others.” “However, an entity shall not refuse to provide service…because the individual’s disability results in appearance or involuntary behavior that may offend, annoy, or inconvenience employees or other persons

11. ADA Guidance Circular Chapter 2 – General Requirements Determining Seriously Disruptive Behavior Intentionally High Standard Tourette’s Unpleasant? Disrupts Provision of Service May start out as offensive, progress to disruptive, and to direct threat Steps Before Refusing Service Reasonable attempts to resolve issues Document incident(s) leading to denial FTA recommends written warning

12. ADA Guidance Circular Chapter 2 – General Requirements Must transport individuals using wheelchairs Wheelchair definition: “a mobility aid belonging to any class of three- or more- wheeled devices, usable indoors, designed or modified for and used by individuals with mobility impairments, whether operated manually or powered.” 49 CFR 37.3

13. ADA Guidance Circular Chapter 2 – General Requirements Securement devices required for buses and vans An agency can require securement -Not mandatory to require securement -But if agency requires securement, it can deny service if rider refuses securement -Cannot deny service if wheelchair cannot be secured by vehicle’s securement system Seat belts and shoulder harnesses

21. ADA Guidance Circular Chapter 2 – General Requirements Minimum design specification for lifts 600 lbs 30” x 48” Maintenance of lifts Standees Allowed

22. ADA Guidance Circular Chapter 2 – General Requirements Individually trained to work or perform tasks for an individual with a disability DOT definition includes animals other than dogs Transit Agencies can ask: 1.Is the animal a service animal required because of a disability? 2.What work or task has the animal been trained to perform? Emotional support animals Not required to accommodate Not trained to perform task, provide comfort passively, by its nature, or through owner’s perception

23. ADA Guidance Circular Chapter 6 – Fixed Route Service Providing Alternative Transportation When Bus Lifts Are Inoperable 30-minute limit Shadow vehicle Good practice to communicate inability to passenger Buses at Capacity Securement areas already occupied Securement area occupied by unwilling passengers (unless local mandatory-move policy exists) Bus is at capacity, no space for any additional riders Lift Deployment – Must deploy lift unless: Lift cannot be deployed Lift will be damaged if deployed Temp conditions (unavoidable) closes stop to all passengers

24. ADA Guidance Circular Chapter 6 – Fixed Route Service Ask occupants to move FTA does not require enforcement (local policies) Posted language

25. ADA Guidance Circular Chapter 6 – Fixed Route Service Pay attention to riders who need extra time Use of kneelers/ramps Boarding order not regulated-local policy recommended Securement areas open for passengers who need them Advised not to compel riders to get off if capacity limited Mobility aids occupying more space

26. ADA Guidance Circular Chapter 6 – Fixed Route Service Requirement: “On fixed route systems, the entity shall announce stops as follows: (1)The entity shall announce at least at transfer points with other fixed routes, other major intersections and destination points, and intervals along a route sufficient to permit individuals with visual impairments or other disabilities to be oriented to their location. (2) The entity shall announce any stop on request of an individual with a disability.” Recorded or by operator P.A. not necessary if vehicle small enough Major intersections/destination points Requested stops not usually announced

27. ADA Guidance Circular Chapter 6 – Fixed Route Service 1 st and last combined stop Just announce location, not other routes

28. ADA Guidance Circular Chapter 6 – Fixed Route Service Time points and cross streets published in schedules and on route maps Public facilities such as government offices, libraries, and schools Medical facilities Stores and shopping malls Cultural and entertainment venues Other popular Destinations

29. ADA Guidance Circular Chapter 6 – Fixed Route Service Clear enough for riders unfamiliar with route/neighborhood Audible from any location within vehicle Sufficient time to request stop Consistent across all routes servicing same stops Familiar names (Target) vs (Smith Street Mall) whenever possible Consult with groups representing or working with individuals with disabilities Keep stop lists current Announce all stops? Vehicle specs require P.A. system in vehicles more than 22 feet Inoperable P.A. – operator must verbally announce stops Monitor with road supervisors/managers, employees using system, ‘secret riders’

30. ADA Guidance Circular Chapter 6 – Fixed Route Service Obligated to identify routes at stops/stations served by more than one route or line Operators opening door and speaking to waiting passengers Operators using external P.A. systems Automated identification systems Announce from boarding area Requirement: “Where vehicles or other conveyances for more than one route serve the same stop, the entity shall provide a means by which an individual with a visual impairment or other disability can identify the proper vehicle to enter or be identified to the vehicle operator as a person seeking a ride on a particular route.”

31. ADA Guidance Circular Chapter 8 – Complementary Paratransit Service Requirement: “Paratransit means comparable transportation service required by the ADA for individuals with disabilities who are unable to use fixed route transportation systems.”

32. ADA Guidance Circular Chapter 8 – Complementary Paratransit Service Door-to-door vs curb-to-curb May establish base level Need to provide beyond curb when needed Can set policies to ensure safety for drivers and other riders Visual contact, entering private residence, first exterior doors

33. ADA Guidance Circular Chapter 8 – Complementary Paratransit Service Certain riders to and from fixed route service Barriers in pedestrian environment preventing access Service-delivery option, not type of eligibility (conditional eligibility appropriate) Riders functional abilities to complete fixed route portion Total length of trip Potential Mistakes/scheduling errors Missed connections on infrequent routes Amenities at transfer points

34. Service area – ¾ mile corridors Response time – “next-day” service Fares – no more than twice the base fixed-route fare Days and hours – same as fixed-route Trip purpose – no limitations or priorities No capacity restraints Comparable ADA Guidance Circular Chapter 8 – Complementary Paratransit Service

35. Eligibility is granted to individuals who, because of a disability, cannot: Get to and from fixed-route stops or stations within the service area Use the fixed-route system because the bus route or rail station is not accessible Independently navigate the system Types of disabilities Physical Cognitive Non-visible disabilities Non-visible disabilities ADA Guidance Circular Chapter 9 – ADA Paratransit Eligibility

36. Key Eligibility Issues Base on “functional” criteria Based on “most limiting conditions” Based on applicant being “prevented” from using the fixed-route system Inconvenient Impossible Unreasonable Effort/Risk

37. Types of Paratransit Eligibility Unconditional Eligibility (all trips) Conditional Eligibility (some trips) Temporary (conditional/unconditional)

38. Questions? Who, What, Where, When, Why, How