Transcript Title Master

PPSAT: Frequently Asked Questions on the
ADA (Fixed Routed and Paratransit)
Presented by Easter Seals Project ACTION
WWW.PROJECTACTION.ORG
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
[email protected]
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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
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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
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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
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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
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Questions
• Questions can be asked via the chat section on the
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
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today’s session.
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Easter Seals Project ACTION
1425 K Street NW, Suite 200
Washington, DC 20005
(800) 659-6428
www.ProjectACTION.org
@projectaction
WWW.PROJECTACTION.ORG