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PPSAT: Frequently Asked Questions on the ADA (Fixed Routed and Paratransit)

Presented by Easter Seals Project ACTION

Event Details

• The presentation can be downloaded from the ESPA

website (www.ProjectACTION.org)

• This event is being recorded and transcribed.

• Archived version available on our website in

approximately 30 days

• Accessible formats can be obtained by emailing

webinars@easterseals.com

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Event Details (cont..)

Closed Captioning is available for the event. To access

the cc, go to:

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Meet Your Presenters

• Krystian Boreyko

• Penny Everline

• Donna Smith

• Ken Thompson

ESPA Technical Assistance

• Strives to provide accurate information on the ADA

• Does not carry the force of law

• Seeks solutions using the ADA as a baseline

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The History of the ADA

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The Post-War Years

• Care for returning vets gives impetus to rehabilitation

• The VA, President’s Committee on the Employment

of the Handicapped and National Easter Seals

Society starts addressing the removal of barriers in

buildings

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Disability Rights in the Civil Rights Era

• First accessibility standards for building design: ANSI guidelines “Making Buildings Accessible to and Usable by the Physically Handicapped”

• 1964, Civil Rights Act bypasses people with disabilities

• 1964, TTY technology was invented

• 1965, Title XIX of the social Security Act establishes Medicaid

• 1968, First international Special Olympics Games

• 1968 Architectural Barriers Act mandates that all buildings designed with federal funds be made accessible

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The 1970s- Disability Rights Grow Stronger

• 1973, Section 504 of the Rehabilitation Act

• First convention of People First in Portland, OR

• 1975, The Education for Handicapped Children Act, now IDEA

• 1977, Disability advocates protest to force the enactment of Section 504 (25 days)

• 1978, 19 demonstrators block buses in Denver chanting “We will ride!”

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And Stronger in the 1980’s

• 1980, The Civil Rights of Institutionalized Persons Act• 1982, UN adopts The World Program of Action

Concerning the Disabled • 1983, started 7 years of protests for accessible

transportation by ADAPT• 1986 Air Carriers Access Act• 1988 FHA amended to include nondiscrimination on

the basis of disability• 1988, Technology-Related Assistance for Individuals

with Disabilities Act

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The Lynchpin 1990s

• 1990, The Americans with Disabilities Act

• 1996, The Telecommunications Act

• 1999, Olmstead v. L.C.

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The Structure of the ADA

• Title I: Employment

• Title II Part A: State and Local Government

• Title II Part B: Public Transportation

• Title III: Private Entities

• Title IV. Telecommunications

• Title V. Miscellaneous

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Title II

• Covers all state and local government

• Mandates nondiscrimination on the basis of disability

In the delivery of programs, services and activities

provided directly or indirectly through contracts

• Enforced by the Department of Justice and other

federal agencies

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Title II Part B Public Transportation

• Mandates nondiscrimination on the basis of disability in the provision of transportation services

• Is enforced by the Department of Transportation

• Regulated by Title 49 Transportation, Part 37 Transportation Services for People with Disabilities, and

• Part 38 ADA Accessibility Specifications for Transportation Vehicles

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2000 - Present

• Revisions to standards and updates to laws

• Nationwide efforts to educate the public on the ADA

• Poised for the next level of systems change!

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ADA Resources

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ADA Resources

Federal Transit Administration Website:http://www.fta.dot.gov/civilrights/12325.html

•DOT ADA Final Rule 10/19/2011

•ADA Regulations Part 37--Transportation Services for Individuals with Disabilities Final Rule Adopting New Accessibility Standards--Effective November 29, 2006 Americans with Disabilities Act Accessibility Guidelines (ADAAG) Part 38--Accessibility Specifications for Transportation Vehicles

ADA Resources

• TRB’s Transit Cooperative Research Program

(TCRP) publications,

http://www.tcrponline.org/publications_home.shtml

• Topic Guides on ADA Transportation created by

DREDF, http://www.dredf.org/ADAtg/

• U.S. Access Board, http://www.access-board.gov/ Vehicles, Transit Facilities, Public Rights of

Way

• Easter Seals Project ACTION,

www.ProjectACTION.org 18

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Paratransit Questions

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I ride with a personal care attendant (PCA). If I’m unable to take my reserved trip, can my PCA ride in my place?

Krystian Boreyko

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How many companions are allowed to ride with me?

Donna Smith

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Every few years my transit agency requires me to go through a recertification process to retain my paratransit eligibility. My disability does not change. Can they continue to require me to go through this process?

Ken Thompson

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Is there a maximum onboard time or any distance requirements for paratransit according to the ADA?

Krystian Boreyko

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I am planning an out of town trip. Will my paratransit eligibility transfer to the location we are visiting?

Donna Smith

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I live outside of the service area for our local transit agency. Can I still apply for the paratransit service?

Krystian Boreyko

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Fixed-Route Questions

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What is considered acceptable durable medical equipment, such as oxygen tanks, on public transit vehicles?

Ken Thompson

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How much should a driver assist with a mobility device? Does it depend on what the rider asks for or is there only so much a driver can do to help?

Donna Smith

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If an older adult is sitting in the priority seating area and a person with a disability wants to use that area, should the older adult be asked to move?

Ken Thompson

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If a passenger refuses to move from the priority seating area and we are unable to board a person in a wheelchair, does the 30 minute rule still apply?

Krystian Boreyko

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There is a passenger that occasionally rides with what she claims is a service dog. I have my doubts. What can I do to find out if her dog is a service animal?

Krystian Boreyko

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As a frequent rider, I am uncomfortable with another rider’s service animal. I have expressed to the transit agency that I have allergies and I am not sure the animal is really a service dog. What can I do?

Ken Thompson

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What can we do if a service animal is blocking an aisle either because the bus is too full or too small to accommodate the animal?

Donna Smith

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If a passenger’s service animal is distressed about something or is out of the control of the passenger, what should the bus operator do?

Ken Thompson

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What is the transit agency’s responsibility if a person using a wheelchair is unable to board because the wheelchair is too heavy and prevents the lift from operating or if the wheelchair blocks the aisle once on board?

Krystian Boreyko

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Is someone who has their mobility device appropriately secured in the wheelchair bay required to utilize the lap and shoulder belt available in that space?

Donna Smith

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If a passenger wants to secure his own wheelchair, can he do that?

Ken Thompson

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If a person with a disability has trouble paying the fare, what assistance is the operator required to provide?

Krystian Boreyko

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If the bus is not able to stop directly at the bus stop, either because of snow or construction or another barrier, where should I wait for the bus?

Donna Smith

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Can the driver refuse service for a passenger with a disability that he believes to be intoxicated or if his clothes are soiled?

Ken Thompson

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If a passenger has a speech impairment that prevents clear instructions to the bus driver, can the driver refuse service? What is a reasonable course of action?

Krystian Boreyko

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What bus stops are operators required to call out and what is the responsibility of the bus operator if a person with a disability misses a stop?

Donna Smith

Questions

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webinar room OR via the phone

• To ask a question via the phone, dial * 1 on your

touchtone phone.

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Session Evaluation

• Please take a moment to complete the evaluation for

today’s session.

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