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ADA Complementary Paratransit Eligibility

ADA Complementary Paratransit Eligibility. Types of Eligibility. Unconditional eligibility Conditional eligibility Temporary eligibility Not ADA complementary paratransit eligible Presumptive eligibility. 3 Categories of Eligibility.

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ADA Complementary Paratransit Eligibility

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  1. ADA Complementary Paratransit Eligibility

  2. Types of Eligibility • Unconditional eligibility • Conditional eligibility • Temporary eligibility • Not ADA complementary paratransit eligible • Presumptive eligibility

  3. 3 Categories of Eligibility • Category 1: includes persons with disabilities that are unable to use accessible fixed route service • Category 2: includes persons with disabilities that have the ability to use the accessible fixed route services, but the service available is not accessible • Category 3: includes persons with disabilities that are unable to travel to or from a station or a bus stop

  4. Q: Why Should We Care About Paratransit Eligibility? A: If paratransit systems serve people who are ineligible, under ADA rules, those who are eligible will have fewer services

  5. Q: Why Should We Care About Paratransit Eligibility? B: Many passengers must have paratransit service to be independent travelers.

  6. Conditional Eligibility • ADA does not support the EITHER fixed route OR paratransit proposition • Many people can use both

  7. Conditional Eligibility Applies: • When there are some reasonable conditions under which the individual can use the fixed route bus • List the conditions

  8. The Trip is not ADA Eligible: • When none of the conditions that prevent the person from taking the fixed route service are present for the trip that he/she wishes to take

  9. Specific conditions • Rational process • Thorough and complete • Little or no interpretation required • Replicable conclusions

  10. Areas of Consideration • Accessibility of the transit system • Route / Station is not accessible • Bus stop design • Landmarks or call stops • Distance from traffic or busy intersections • Shelters and seating • Functioning accessibility features

  11. Areas of Consideration • Abilities of the applicant • Basis for eligibility • Physical, cognitive and sensory • Path of travel • Weather issues • Effects of treatment • Distance to station or stop

  12. Areas of Consideration • Abilities of the applicant • Time of day for travel • Dawn/dusk • Waiting for, on and off the bus • Endurance • Navigating the system • Cognitive ability • Transfers • Navigating the environment • Emergency situations

  13. Areas of Consideration • Environmental conditions and architectural barriers • Terrain • Hills, uneven surfaces • Route • No sidewalk or well defined path of travel, parking lots • Lack of curb cuts • Obstacles at head or chest level • Intersection/Street Crossing

  14. Conditions • A person should be given as many as needed for independent travel in any/all situations • Example – a person in a wheelchair would have these conditions (at a minimum): • Weather conditions (snow and ice) • Curb cuts close enough to stops as to not prohibit travel • No sidewalks causing passenger to be too close to moving traffic • Accessible route and stop • Uneven surfaces (gravel, broken pavement) with no alternate path of travel

  15. Visitors • Are entitled to ADA paratransit services • Visitors that are declared ADA paratransit eligible • Visitors that claim to be ADA paratransit eligible • Are entitled to 21 days of presumptive eligibility • 21 days of service are NOT calendar days

  16. Regulatory Requirements • Information shall be made available in accessible formats upon request • Transit agency has a 21 calendar day limit on completing ADA paratransit applications • Applicant must be notified in writing of initial determination of eligibility • An administrative appeal process must be available

  17. Appeal Process • Applicant must have at least 60 days to file an appeal • Appeal process must be a separate function • Appellants must have the right to be heard in person • Appellants must be notified in writing (including reasons for denial, if applicable) • The transit agency must provide presumptive eligibility if the decision takes more than 30 days.

  18. Eligibility Determination Processes • Paper application (self-certification) plus professional verification • In-person interview • Functional assessment • Combination of processes

  19. Involving People with Disabilities in the Process • Involving people with disabilities is required when: • Major elements of the eligibility process, including decisions on developing a determination process and the structure of the appeal process

  20. Involving People with Disabilities in the Process • Involving people with disabilities is not required for: • smaller changes to the process, such as changing the wording or layout on forms

  21. Additional Resources • Determining ADA Paratransit Eligibility: An Approach, Guidance and Training Materials (ESPA) • ADA Paratransit Certification Processes (TCRP) • Comprehensive ADA Paratransit Eligibility Course (NTI)

  22. Thank you for participating! Kristi Ross Training and Technical Assistance Specialist Easter Seals Project ACTION 1425 K Street NW, Suite 200 Washington, DC 20005 (800) 659-6428 Kross@easterseals.com ProjectAction@easterseals.com

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