page 1 of 52 paratransit system compliance with americans with disabilities act (ada) review ohio...

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PARATRANSIT SYSTEM COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA)

REVIEW

Ohio Department of Transportation

January 23, 2007

Presented by:Robbie L. Sarles

RLS & Associates, Inc.Dayton, Ohio

Based on a position paper prepared by:Russell Thatcher

Multisystems, Inc.Cambridge, Massachusetts

Revised 10/29/98

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THE AMERICANS WITH DISABILITIES ACT OF 1990

Goal:

To assure that persons with disabilities have

equal opportunity, a chance to fully participate in

society, are able to live independently, and can

be economically self-sufficient.

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ACCORDING TO ADA

Disability:

Physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment.

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IMPACT OF ADA

Established a clear national goal Defines a specific and detailed course of action Requires much greater degree of affirmative action Provides accessibility standards for vehicles and

facilities Elevates the importance of access and nondiscrimination Interrelated with Section 504

Entities cannot discriminate against persons with disabilities as a condition of Federal funding

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RANGE OF ISSUES

Employment Provision of services Access to facilities and places of public

accommodation Access to the nation’s telecommunication systems

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ACCESSIBILITY MEANS

Physical access to vehicles and buildings Proper training of personnel Proper maintenance of equipment Operating policies and procedures Public information and communication accessible

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IMPLEMENTATION REGULATIONS

Law sets goals, defines general types of discrimination, and creates a framework for addressing discrimination

Implementing agency provides specific definitions, interpretations, and requirements in regulations

Open to interpretation

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IMPLEMENTING AGENCIES

Title I - employment Equal Employment Opportunity Commission

Title II and Title III - public services and public accommodations excluding transportation Department of Justice

Title II and Title III - public and private transportation Department of Transportation

Title IV - telecommunications Federal Communications Commission

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TITLE II: PUBLIC SERVICES

Discrimination against persons with disabilities or activities provided by public entities

Includes “standing in shoes” contractors Prohibits public entities from denying individuals

with disabilities the opportunity to use public transportation services

Prohibits public entities from providing services which discriminate against persons with disabilities

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POSITION PAPER BASED ON:

Opinions of the authors of the USDOT regulations Recent guidance issued by the FTA (letters of

interpretation) Information and assistance of DHHS and U. S.

Department of Justice

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TITLE II OF THE ADA

Services and benefits provided by public entities must be offered in a way that does not discriminate against persons with disabilities

Implementing Federal agencies define: What constitutes discrimination What actions are required to ensure services are

non-discriminatory

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TITLE II (CONTINUED)

Subtitle A - applies to all service provided by public entities except transportation Implementing agency is the USDOJ 49 CFR Part 35

Subtitle B - applies to transportation services provided by public entities Implementing agency is the USDOT 49 CFR Parts 27, 37, and 38

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TITLE III

Applies to private entities providing services to the public Includes provisions for transportation provided by

private citizens Regulations issued by USDOJ and USDOT are

consistent and coordinated in terms of defining discrimination and actions required

Regulations refer to each other USDOJ defers to USDOT for transportation related

issues

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TITLE III (CONTINUED)

Even though not specifically addressed, USDOJ and DHHS have determined that public human service agency transportation is covered by the USDOT

USDOT has determined that public human service agency transportation falls under Section 37.77 if demand responsive or 37.73 if fixed route

Section 37.77 covers the “purchase or lease of new non-rail vehicles by public entities operating demand responsive services for the general public” “General public” applies to not only the

entire public, but to sub-groups of thegeneral public

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USDOT TRANSPORTATION REGULATIONS

Facility access Accessibility of vehicles Complementary paratransit services for fixed-route

provider Operating policies and procedures

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TYPES OF ENTITIES

Public entities Private entities primarily engaged in the business of

transportation Private entities not primarily engaged in the business

of transportation

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TYPES OF SERVICES

Fixed-route transportation service Demand responsive transportation service Complementary paratransit service

Note: transportation services provided by religious organizations are exempt

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CONTRACTS FOR SERVICE

Contractors must comply with the requirements that would apply to the contracting entity “Standing in the shoes”

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PUBLIC ENTITIES OPERATING DEMAND RESPONSIVE SERVICES FOR THE

GENERAL PUBLIC

All newly purchased or leased vehicles must be accessible unless it can be demonstrated that the system, when viewed in its entirety, provides equivalent service to persons with disabilities

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EQUIVALENT SERVICES

Services must be provided in the most integrated setting possible

Response time Trip request procedures and timelines must be the

same Same access to the services

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FARES

Cannot charge more for accommodating accessibility aids

Fare distinctions that do not adversely impact persons with disabilities are permissible as long as they are then available to riders with and without disabilities

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SERVICE AREA

Geographic service area throughout which transportation is provided must be the same

If a contracted service is based on its own defined service area, all clients must have the same access to the defined service area

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HOURS AND DAYS OF SERVICE

Accessible service must be offered during the same days and hours as the remainder of the transportation services

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TRIP PURPOSE RESTRICTIONS OR PRIORITIES

Trip priorities or restrictions must apply equally to all

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ACCESS TO INFORMATION

Information on how to register for and obtain services must be available in alternative accessible formats

Document describing the program should be provided in accessible formats upon request

TTY/TDD or relay

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CAPACITY CONSTRAINTS

Trips must be provided on the same basis Measures of capacity constraint

Trip denials Excessively long trip time

2 times the scheduled ride time for a comparable fixed route ride equal to or less than 45 minutes

More than 90 minutes for comparable fixed route rides greater than 45 minutes

Excessively long wait time Missed trips

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PUBLIC ENTITIES OPERATING FIXED-ROUTE BUS SERVICES

All newly purchased or leased vehicles must be accessible unless: Waiver from administrator Demonstrate good faith effort – purchase non-

accessible used vehicles Public entities operating demand response service Must purchase accessible vehicle unless certify

equivalent service is provided

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PRIVATE ENTITIES PRIMARILY ENGAGED IN THE BUSINESS OF TRANSPORTATION

Fixed-route - must be accessible if vehicle seats 8 or more people; equivalent service if vehicles are smaller

Demand responsive - new purchases must be accessible unless the system, when viewed in its entirety, provides equivalent services to persons with disabilities

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PRIVATE ENTITIES PRIMARILY NOT ENGAGED IN THE BUSINESS OF

TRANSPORTATION

Fixed-route - new vehicle must be accessible if vehicle seats more than 16 passengers; accessible or equivalent service if smaller vehicle is used

Demand responsive - new purchases must be accessible unless the system, when viewed in its entirety, provides equivalent services to persons with disabilities

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FACILITY REQUIREMENTS

New construction and alterations must be accessible - ADA Accessibility Guidelines (ADAAG) General design standard for building and site

elements “Scoping” requirements Construction contracts must include ADA

requirements

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PUBLIC TRANSPORTATION PROVIDER REQUIREMENTS

New facilities must be fully accessible Existing facilities - when viewed in its entirety must

be readily accessible Altered facilities - alterations must be accessible to the

maximum extent possible - primary functions

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PRIVATE ENTITY REQUIREMENTS

New facilities must be accessible to the extent it is not structurally impractical

Existing facilities’ physical barriers must be removed if readily achievable If not readily achievable, alternative steps must be

taken to make services accessible Alterations must be accessible to the maximum extent

feasible

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PROVISION OF SERVICE REQUIREMENTS - ALL PROVIDERS*

Access to information - all print materials must be available in accessible formats Accessible material must be available upon request

and in a form that the person can use Access to communication - provide access to

information provided by telephone (TTY/TDD/Relay services)

Public hearing must be held in accessible location

* Must include in policy statement

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PROVISION OF SERVICE REQUIREMENTS - ALL PROVIDERS (CONTINUED)*

Employee training - personnel must be trained to proficiency, as appropriate to their duties, so that they may operate vehicles and equipment safely and properly and treat individuals with disabilities in a respectful and courteous way


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Equipment maintenance - lifts, securements, public address systems, and other access-related equipment must be maintained in operating condition

Lift and securement use: All “common wheelchairs” must be transported Common wheelchairs must be secured during

transport – must be in policy Service cannot be denied on the grounds that a

mobility device cannot be secured to the provider’s satisfaction


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Common Wheelchair:Mobility aid belonging to any class of 3 or 4 wheeled devices, usable indoors, designed for and usable by individuals with mobility impairments whether operated manually or powered -

• < 30 inches in width• < 48 inches in length• measured 2 inches above the

ground• < 600# when occupied

Should accommodate larger wheelchairs if capable


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Lift and securement use (continued) 3-point passenger restraint system is required Restraint can only be required when and if all other

passengers are required seat belts Does not preempt State law that requires children

to be secured with an approved restraint system


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Lift and securement use (continued) Individuals that have mobility devices that pose

securement problems can be requested to transfer, but cannot be required to transfer

Individuals who cannot enter a vehicle using the stairs must be allowed to enterthe vehicle using the lift


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ACCOMMODATING MOBILITY AIDS AND LIFE SUPPORT SYSTEMS*

Riders must be permitted to travel with service animals that are trained to assist them May ask if pet May ask what services the animal has been trained

to perform May not ask about disability May not ask for proof of certification or other

documentation


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ACCOMMODATING MOBILITY AIDS AND LIFE SUPPORT SYSTEMS (CONTINUED)*

Riders must be allowed to travel with respirators and portable oxygen Service can be denied if transporting hazardous

materials


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ATTENDANT POLICIES/REFUSING SERVICES*

Personal Care Attendants must be permitted to ride and should not be charged a fare

Cannot require the use of a PCA Service can only be refused if a rider engages in

“violent, seriously disruptive, or illegal conduct” Service cannot be denied because an individual

offends, annoys, or inconveniences another rider


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ATTENDANT POLICIES/REFUSING SERVICES (CONTINUED)*

Service cannot be refused even if insurance companies condition coverage or set rates contrary to the regulation

Suspension of disruptive rider requires due process – notification of appeal


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ADDITIONAL CHARGES*

Additional charges cannot be imposed even if additional services are required

Boarding/Disembarking time - adequate time must be provided


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ADDITIONAL REQUIREMENTS FOR PUBLIC ENTITIES*

Maintenance of lifts - public providers must institute regular and frequent maintenance checks of lifts Repair made next business day Vehicles with inoperable lifts can be put into service

only if there is no spare Vehicles with inoperable lifts can be kept in service

for no more than 3 days (if the service area population is greater than 50,000) or 5 days (if the service area population is less than 50,000)


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SERVICE RELATED ISSUES

System assessment Service standards Capacity constrained Recordkeeping Review and analysis

Customer satisfaction Surveys Complaint policies - procedures Administration oversight

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EQUIVALENT SERVICE

Must document equivalent service when buying or leasing new vehicles that are not accessible

Must be made each time Public entity or private contractor must complete

certificate of equivalent service before acquiring an inaccessible vehicle

Private entities do not submit

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TRANSPORTATION FUNCTION IMPACTED BY ADA

Management Human Resources Labor Relations Planning Purchasing/Procurement Scheduling & Dispatching Facilities Operations

Maintenance Customer Service Marketing & Public

Relations Community Relations Civil Rights & Legal

Counsel Board of Directors

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STATES’ RESPONSIBILITIES

Comply with certification requirements Comply with vehicle accessibility requirements Monitor subrecipients’ compliance with vehicle

accessibility requirement Ensure new/rehabilitated facilities comply with ADA Comply with ADA service provisions (direct

operation) Monitor subrecipients’ compliance with ADA service

provisions

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STATES’ RESPONSIBILITIES (CONTINUED)

Provide complementary paratransit service (fixed route system)

Monitor complementary paratransit service

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ENFORCEMENT

Complaints alleging discrimination should be filed with the appropriate Federal agency

All transportation related complaints go to USDOT Powers, remedies, and procedures of the Civil Rights

Act of 1964 apply to Title I Employment Provisions and Title III Public Accommodation and Service Accommodation

Powers, remedies, and procedures of Section 504 of the Rehabilitation Act of 1973 apply to Title II

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ENFORCEMENT PROCEDURE

Complaint filed with USDOT Office of Civil Rights USDOT investigates Attempt to resolve issue Violations not corrected - cut off Federal funds Subject to further administrative or judicial action by

Department of Justice

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ENFORCEMENT PROCEDURE (CONTINUED)

USDOT focuses enforcement on ensuring that entities meet their obligations, rather than on the imposing of sanctions

Priority of enforcement - where there is a “pattern or practice” of discrimination

In addition to administrative enforcement, private legal actions can be initiated

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public accommodations

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entire public

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