PARATRANSIT ELIGIBILITY
FOR PERSONS WITH DISABILITIES
INTRODUCTION
The purpose of this paper is to clarify the eligibility guidelines for a person
with a disability to obtain or retain Paratransit service. The Americans with
Disabilities Act (ADA) recognizes the fact that there will always be some
people with disabilities who are unable to navigate the fixed route bus systems
on their own and therefore requires public transit companies to provide
complementary alternate transportation service, such as VIA-Trans in San
Antonio.
The ADA requires Paratransit service to be provided only for people who are
unable to use the fixed route service due to a disability. Eligibility
determination by transit companies focuses on the person's functional ability
to use the fixed route service, and transit companies are permitted to
periodically evaluate or assess rider eligibility.
We will address the ADA eligibility rules, talk about important best-practices,
do's and don'ts, and attempt to explain the eligibility process.
Topics will include:
ELIGIBILITY CATEGORIES
TYPES OF ELIGIBILITY
CONDITIONAL AND UNCONDITIONAL ELIGIBILITY
TRIP-BY-TRIP ELIGIBILITY
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THE ELIGIBILITY DETERMINATION PROCESS
THE APPEAL PROCESS – FOR DENIALS OF ELIGIBILITY OR
TRIP BY TRIP DENIALS.
SUMMARY
The primary source of information for this paper is a series of Topic Guides
on ADA Transportation compiled and published by the Disability Rights and
Education Defense Fund, which can be accessed online at www.dredf.org.
We will be providing an overview of the requirements of the ADA and the
U.S. Department of Transportation (DOT) ADA regulation, Federal Transit
Administration (FTA) determinations, and best operational practices. The
Federal Transit Administration enforces the ADA in the area of publicly
funded transit.
ELIGIBILITY CATAGORIES
Eligibility Categories include the following:
A.
Cannot navigate the “Fixed Route” system independently
1.
Unable to safely get to a bus stop due to gaps in
sidewalk, or inability to effectively locate a bus stop.
2.
A person with a vision disability who cannot travel in
an unfamiliar location or cannot navigate complex
transfers.
3.
A person whose lack of manual dexterity and lack of
balance makes him/her unable to stand up and hang on,
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(since a seat cannot always be guaranteed). Bus drivers
(vehicle operators) are required to provide assistance on
the vehicle, such as lifts, ramps, securement devices, and so
forth. Eligibility for Paratransit should be granted as long
as the required assistance is not being provided on fixed
routes.
4.
Not calling out stops by driver or enunciator for
orientation purposes.
B. NEEDS AN ACCESSIBLE VEHICLE AND ACCESSIBLE BUS
STOP
1.
people with disabilities WHO CAN USE
ACCESSIBLE BUSES, BUT WHEN THEIR BUS STOP
IS NOT ACCESSIBLE DUE TO PHYSICAL
CHARACTERISTICS OF THE STOP ARE ELIGIBLE
FOR paratransit until the stop in question is made
accessible.
2.
the ada contains STRICT RULES ABOUT BUSES
SERVING EVERY stop with the lift or ramp.
3.
A key feature needed to make the fixed route system
accessible to certain people with disabilities is stop
announcements to aid in orientation. In these cases, such
riders have Paratransit eligibility until the problem is
remedied and the fixed route system becomes accessible
with full stop announcements by the fixed route driver.[9]
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C.
OBSTACLES THAT PREVENT REACHING THE BUS
STOP
Eligibility is triggered when anyone who, because of a disability,
cannot travel to or from the bus stop due to:
1.
Distance
2.
Terrain
3.
Weather
4.
Safety (gaps/obstacles in sidewalks for example) To
trigger eligibility, the obstacles must hinder the individual
beyond simply being inconvenient.
D. REASONABLE PERSON TEST
1.
It is up to the paratransit company to use judgment as
to what is impossible (cannot find a bus stop, or fatigue)
2.
To what is considered ‘reasonable’ (someone may be
able to physically walk to a bus stop but fatigues so easily
that they tire before finishing their trip). Travel is
"prevented" if a reasonable person with the disability
would be deterred from making the trip.
TYPES OF ELIGIBILITY
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The ADA requires consideration of eligibility for trips that an
applicant or rider makes or might make. For this reason, different
types of eligibility have developed in the transit industry, including:
A. UNCONDITIONAL ELIGIBILITY
1. This is a person's eligibility category when it is not
reasonable for them to use the fixed route service under
any circumstances
B. CONDITIONAL ELIGIBILITY (some trips) In this type of
eligibility, the person can be reasonably expected to make some
trips on the fixed route service.
1. ADA Paratransit eligibility determinations decisions are
functionally based, there is no automatic ADA eligibility
based on a diagnosis, a type of disability, or a mobility aid
used. This is a transportation and not a medical decision.
2. Riders that can functionally use a fixed route bus for a
particular trip even though it may be difficult,
uncomfortable, or inconvenient, often will not be eligible
for Paratransit for that trip.
C. TEMPORARY ELIGIBILITY
1. The ADA also includes temporary eligibility for people
with disabilities that prevent them from using the fixed
route system for a limited period of time such as needing
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the service while recovering from a broken leg or
temporary injury.
TRIP BY TRIP ELIGIBILITY
Trip By Trip eligibility is for ParaTransit riders who have conditional
eligibility. If the Paratransit company has classified a person as
conditionally eligible they may choose to evaluate some of the trips that
person may request. There may be environmental conditions that will
determine whether a trip they request is eligible or denied.
METHODS TRANSIT COMPANIES MAY USE TO DETERMINE
TRIP-BY-TRIP ELIGIBILITY
1. They focus on most frequently taken trips and on subscription
trips.
2. Implement a choice for conditional riders known as the
convenience fare policy. If it has previously been determined
that certain trips can be made on a fixed route bus system, the
conditional rider may still have an option to request a
convenience fare which means that they will pay twice the
price in order to take the trip by paratransit.
3. The company saves money by denying these trips. Studies have
shown the system of trip by trip eligibility can easily be
duplicated by transit companies already doing trip by trip
eligibility such as Access in Pittsburgh.
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4. Travel training could be provided by a trained professional
accompanying the rider for the first time on the bus to an
unfamiliar fixed route location. This would be a one-on-one
effort to assist each individual. The assistance provided to
each person could begin as a five-day effort, and then move to
four-day-per-week trips focusing on one rider at a time.
5. It is the transit company’s hope that the enforcement of this
policy will motivate those who are capable and conditionally
eligible to choose to ride fixed route buses to meet most of their
transportation needs.
ELIGIBILITY DETERMINATION PROCESS
A. 21 DAY PROCESS
If an eligibility determination has not been made within 21
days of receipt of a completed application Paratransit services
must be offered until a determination has been made.
A person should inquire after the 21 days. The transit agency
should grant temporary eligibility.
B. IN-PERSON INTERVIEWS AND FUNCTIONAL ASSESSMENTS*
1. The process may include functional evaluation or testing of
applicants.
2. Some disabilities cannot be evaluated by functional
assessments, such as seizure disorders and psychiatric
disabilities.
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*Appropriate professionals should perform functional assessments. For visual
disabilities, only Orientation and Mobility Specialists should conduct these
assessments. Cognitive and Traumatic Brain Injured persons need to be
evaluated by a professional with the proper credentials to determine
functional strengths and limitations of the disability.
NOTE: Some applicants may be denied because of inconsistent information
on the paper application forms. So it is important to make sure that the
application is consistent in content and complete. If denied, appeal!
C. TRANSIT AGENCY LETTERS
1. If eligibility is denied or limited, the written statement must
provide the following
a. Denial/trip by trip denial and reasons in detail
b. The name of the eligible individual
c. The name of the transit provider,
d. Telephone number of the Paratransit coordinator
e. An expiration date for eligibility
f. any conditions or limitations on the individual's
eligibility, including the use of a personal attendant.
g. The written statement must also include information
about the appeal process, including how to file an appeal.
If not…insist!
h. If a denial letters is received by applicants whose
applications are merely incomplete, inconsistent, or
improperly completed. An "Incomplete" letter should be
sent.
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D. DENIAL APPEAL PROCESS
Denial letters and appeal information
1. Information about the appeal process to include how to file an
appeal. Anything less than full unconditional eligibility
requires appeal information.
2. The agency may require that appeals be filed within 60 days of
the denial. If an applicant misses this deadline, he or she may
reapply at any time, and may file an appeal if denied again.
3. The appeal process must include an opportunity to be heard
and to present information and arguments. If the applicant
needs transportation to the appeal hearing, the transit agency
must provide it.
4. The decision on an appeal must be made by a person or panel
of people not involved with the initial decision to deny
eligibility.
5. The agency has 30 days to make a decision. Service must be
provided from that time, until a decision to deny the appeal is
made.
6. Written notification of the result of the appeal must be
provided, with detailed, specific reasons stated.
7. Transit providers may require appeals to be requested in
writing, but cannot require more detailed information about
why the applicant is appealing. Based on a written request
alone, an appeal must be scheduled and heard.
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8. Generally, the transit agency need not provide Paratransit
service to the individual during determination of the appeal.
However, if the person filing the appeal received ADA
Paratransit service in the past, but was denied eligibility
during recertification, it is a best practice to continue
Paratransit service during determination of the appeal.
Recertification
1.
A transit agency may require recertification of eligibility at
reasonable intervals.
2.
"Waiving recertification for certain customers whose inability
to use the fixed route is unlikely to change can avoid associated
costs ... and inconvenience to customers."
Accessible Formats
1.
The ADA requires transit agencies to use accessible formats to
ensure communications access for people with impaired vision,
speech, or hearing.
2.
This includes all information provided to the public about the
eligibility determination process, all materials necessary to
apply for eligibility, and all notices concerning eligibility.
3.
"A document does not necessarily need to be made available in
the format a requester prefers, but it does have to be made
available in a format the person can use.
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WHAT ELSE APPLICANTS, RIDERS, AND ADVOCATES
NEED TO KNOW
Documentation you May Wish To Submit
1.
Applicants may provide any information or documentation
that will help to show that they are eligible because they cannot
use the fixed route transit system.
2.
Include information on any secondary disabilities you have,
such as disorientation, fatigue, or difficulties with balance,
cognitive issues, or limitations that prevent you from walking to
a bus stop. You should consider your potential travel
throughout the entire bus system, not just your neighborhood or
familiar locations. Remember you do not know in advance the
physical obstacles everywhere.
3.
You may wish to use the Task/Skills List to help you identify
the obstacles you face in using the fixed route bus system.
Obstacles may include any of the following:
1. Receiving and remembering transit system information;
including printed bus schedules, online web access, and
automated bus trip planning
2. Announcing the stops you need on a fixed bus route by use of
an electronic enunciator system or the driver calling out the
stop you request.
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3. Walk/Wheel to and from Transit Stop/Stations throughout
area – up to ¾ mile
a. Over various surfaces
b. Over various terrain
c. Up/down curbs
d. Up/down curb cuts
e. Cross streets of various widths and with various controls
(no stop light, no APS signals etc)
f. Find your way in familiar and unfamiliar settings
4. Enter and Exit Transit Stations
a.
Navigating complex stations with several bus stops
within a transit center
5. Wait at a Stop/Transit Center for the bus.
a. With and without benches/shelters (determine how long
you can stand without discomfort)
6. Locate and Recognize Bus to Take
a. Single route and multiple routes with transfers
b. Board and Exit Vehicle
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c. Pay Fare
d. Get to Seat/Securement Area
e. Ride in Seated or Standing Position
f. Recognize where to exit the bus
g. Signal for Stop
h. Perform Above Tasks in Various Weather and
Environmental Conditions: snow, ice, rain, heat,
humidity, cold, smog, Bright light, low light, background
noise
i. Handle Unexpected Situations you face in using the fixed
route bus system (Bus detours, changes in bus stop that
require vision)
All of the limitations need to be clearly identified as part of your
certification/recertification application.
Bring Help to the functional assessment
1. When you have an in-person ADA Paratransit eligibility interview
or functional assessment and you need self-advocacy help, you can
bring someone with you. This person could be a friend, family
member, advocate, service provider, lawyer, therapist, or other
individual.
2. Make sure that you discuss how the person will help you before
you go to the assessment. If you need this help, you may request
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assistance from DARS, SAILS, the Lighthouse, or from us at
ACB.
WRAP UP AND SUMMARY
ADA requires transit companies to Limit Paratransit service, Using
Best Practices in the Transit Industry.
Transit companies are directed to:
1.
Base their decisions on Most Limiting Condition;
2.
Develop and use a Comprehensive Task/Skills List;
3.
Apply the Reasonable Person Test
4.
Identify specific Abilities and/or Limitations
5.
Allow applicant Choice of Mobility Aid
6.
Manage weather-related Eligibility Appropriately
7.
Interpret Safety Issues Properly
Transit companies should not
1.
Complete Conditional Eligibility decisions only part way
2.
Make Blanket Denials Based On Type of Disability
3.
Base Eligibility on Travel Training Not Yet Completed
4.
Deny eligibility based on prior, occasional use of the
fixed route system
5.
Require applicants to identify where they cannot go
6.
Limit eligibility based on trip purpose
7.
Steer applicants away from ADA Paratransit.
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