1. Person Centered Policies Implementing current and potential requirements of the ADA Presented at Ohio Public Transportation Association May 22, 2009 Dayton, OH Karen Hoesch ACCESS Transportation Systems Pittsburgh, PA

2. ACCESS Transportation Systems The ADA 19 years later…. Fixed route system accessibility Fixed route system accessibility Quality paratransit systems Quality paratransit systems Judicial review and rulings Judicial review and rulings FTA compliance reviews FTA compliance reviews Learning to blend civil rights law with transportation policy Learning to blend civil rights law with transportation policy

3. ACCESS Transportation Systems We don’t do that…. Framework for considering exceptions –Current practices –Written policies

4. ACCESS Transportation Systems Decision Tree Is there a written policy? Is there a written policy? Reason for policy Reason for policy –Federal law (ADA) –State law (car seats) –Funding requirement (Medicaid) –Risk management –System efficiency Which can be adapted and under what circumstances Which can be adapted and under what circumstances Past Practices Past Practices

5. ACCESS Transportation Systems 3 step test 1. Is the request due to a disability? 2. Does it fundamentally alter the nature of the service? 3. Does it create a direct threat? Must document decisions Local policy clarification Possible FTA review

6. ACCESS Transportation Systems Basic service defined Essential elements of paratransit Essential elements of paratransit –Shared ride –Advance reservation –Service area, days and hours of service –Transportation – not personal assistance –Fares paid –Accessible vehicles

7. ACCESS Transportation Systems Fundamental Alteration Undue Burden Not required - examples Not required - examples –No provision of personal service –Exceed door-to-door (into a building) –Leave vehicles unattended for lengthy period

8. ACCESS Transportation Systems Direct Threat Defined Determine that direct threat exists to health or safety of others Determine that direct threat exists to health or safety of others Not intended to permit restrictions aimed at protecting people with disabilities themselves Not intended to permit restrictions aimed at protecting people with disabilities themselves Must be based on evidence – not speculation or apprehension Must be based on evidence – not speculation or apprehension –Scooters –Bus stop accessibility

9. ACCESS Transportation Systems Origin to Destination Service

10. ACCESS Transportation Systems Clarification Current Language ADA complimentary paratransit is “origin to destination” service ADA complimentary paratransit is “origin to destination” service –49CFR 37.129(a) Not a change – but a clarification Not a change – but a clarification Exceptions in regulations Exceptions in regulations –On-call bus service –Feeder service Obligation to ensure that passengers are actually able to use the service to get form the door to the destination Obligation to ensure that passengers are actually able to use the service to get form the door to the destination Door to door vs. curb to curb still a local decision Door to door vs. curb to curb still a local decision

11. ACCESS Transportation Systems Origin to Destination Does not prescribe door to door for everyone Does not prescribe door to door for everyone –Still a local decision –Basic mode determined locally Emphasis on obligation of transit to ensure that eligible passengers are able to use the service to get from point of origin to destination Emphasis on obligation of transit to ensure that eligible passengers are able to use the service to get from point of origin to destination –Not all require additional assist –Individual needs and situations considered

12. ACCESS Transportation Systems Examples Physical barriers Physical barriers –Sidewalk construction Limitations of individual Limitations of individual –Reasonable level of effort –Cognitive ability

13. ACCESS Transportation Systems Local Policies No requirement to change local basic mode (curb to curb vs. door to door) No requirement to change local basic mode (curb to curb vs. door to door) Exceptions considered case by case Exceptions considered case by case System may request advance notification System may request advance notification No requirement to: No requirement to: –Provide personal services –Through the door into the interior of a building –Leave vehicle unattended for lengthy period

14. ACCESS Transportation Systems How to handle? Use eligibility process to decide in advance Use eligibility process to decide in advance Driver training and incident reporting Driver training and incident reporting Documenting requests from customers Documenting requests from customers –Regular policy review Teams Teams Supervisory review Supervisory review Documentation of decisions Documentation of decisions Communication Communication –To customers –To service provider

15. ACCESS Transportation Systems Anticipating Situations No one home to accept – hand to hand Identify which riders Identify which riders Safety net – no one home Safety net – no one home Driver training Driver training Announcement of arrival Announcement of arrival Responsibilities clearly communicated Responsibilities clearly communicated –Driver and system –Family and program –Consequences

16. ACCESS Transportation Systems Flexibility Required Inflexible policy not appropriate Inflexible policy not appropriate May not refuse to provide service past the curb in all situations May not refuse to provide service past the curb in all situations Obligation to provide an enhancement “when needed and appropriate to meet the origin to destination requirement” Obligation to provide an enhancement “when needed and appropriate to meet the origin to destination requirement” Consider individual situations Consider individual situations

17. ACCESS Transportation Systems Reasonable Modification of Policies and Practices

18. ACCESS Transportation Systems Proposed change in Regulations Proposed change to Title II, US DOT requirements of the ADA Proposed change to Title II, US DOT requirements of the ADA Applies to all transportation entities Applies to all transportation entities Reasonable modification to ensure program access Reasonable modification to ensure program access “Fundamental tenant of disability non- discrimination law” “Fundamental tenant of disability non- discrimination law” Consistent with other sections, enforcement agencies of the ADA Consistent with other sections, enforcement agencies of the ADA

19. ACCESS Transportation Systems Proposed Rules Intended to clarify reasonable modification requirement when necessary: Intended to clarify reasonable modification requirement when necessary: –To ensure program access –To avoid discrimination on basis of disability Modification not required if Modification not required if –Creates undue burden –Fundamentally alters the nature of the service –Creates a “direct threat”

20. ACCESS Transportation Systems Common Situations Driveway – pull in and condition Driveway – pull in and condition Standard entrances Standard entrances Car / sedan only Car / sedan only Packages and equipment Packages and equipment Wait 5 minutes Wait 5 minutes Eating and drinking on board Eating and drinking on board Pets Pets

21. ACCESS Transportation Systems Opportunities: Conditional Eligibility Agency Trips

22. ACCESS Transportation Systems ADA Eligibility Demand management tool Demand management tool Conditional eligibility best measure of an effective process Conditional eligibility best measure of an effective process 30-45% national average 30-45% national average Usually part of an in-person process Usually part of an in-person process –Not necessarily costly –Not necessarily 100% Conditions must be accurate and thorough Conditions must be accurate and thorough

23. ACCESS Transportation Systems Accurate, thorough conditions Process to identify all conditions that may prevent Process to identify all conditions that may prevent Most limiting condition Most limiting condition –Of the person –Of the environment –Of the transit system Neither vague or too broad Neither vague or too broad –“Trip by Trip” –Barriers or path of travel –Seasonal

24. ACCESS Transportation Systems Objective, measurable Customer and system should be able to review same trip and come to same answer Customer and system should be able to review same trip and come to same answer Fact based conditions (examples) Fact based conditions (examples) –Distance to and from the stop –Architectural barriers –Specific weather conditions –Bus stop accessibility

25. ACCESS Transportation Systems Why manage trip eligibility Customers have little experience on fixed route Customers have little experience on fixed route Difficult to find trip and barrier information Difficult to find trip and barrier information System responsible for decision System responsible for decision Built in biases – using same criteria Built in biases – using same criteria Non-eligible trips are costly to serve Non-eligible trips are costly to serve

26. ACCESS Transportation Systems Why aren’t we doing it? Lack of solid conditional eligibility Lack of solid conditional eligibility Perception that it’s: Perception that it’s: –Too complicated –Too costly – “not worth it” –Requires sophisticated technology –Impossible to implement in the real environment of operations

27. ACCESS Transportation Systems Trip by trip Eligibility Eligibility of a trip is based on conditions that prevent the individual Eligibility of a trip is based on conditions that prevent the individual No obligation for applicant to identify a current or potential trip with a barrier No obligation for applicant to identify a current or potential trip with a barrier May be granted eligibility and never have an eligible paratransit trip May be granted eligibility and never have an eligible paratransit trip –Current routine bus rider –Can get to and from home stop

28. ACCESS Transportation Systems ACCESS ADA Eligibility Registered Customers

29. ACCESS Transportation Systems ACCESS - ADA Trips by Eligibility Type

30. ACCESS Transportation Systems ACCESS ADA Ridership When less is more…. Ridership shifts from ADA in fully coordinated system Ridership shifts from ADA in fully coordinated system –To fixed route –To other sponsors Port Authority uses saved dollars to support, enhance ACCESS services Port Authority uses saved dollars to support, enhance ACCESS services

31. ACCESS Transportation Systems ACCESS Non-Eligible Trips Average 2,000 trips month not eligible Average 2,000 trips month not eligible Annualized savings $450,000 Annualized savings $450,000 Many more CHOOSING fixed route – no longer request ACCESS service Many more CHOOSING fixed route – no longer request ACCESS service Fixed route system accessibility and reliability improving Fixed route system accessibility and reliability improving

32. ACCESS Transportation Systems Agency Trip Case Study Title XIX Waiver Programs Supports individual in the community Supports individual in the community Transportation included service Transportation included service Individual budgets Individual budgets Pittsburgh Pittsburgh –10% ADA eligible population –50% of the rides –High productivity rides –Negotiated fare –Provided reporting for the agency

33. ACCESS Transportation Systems Our communities working together

34. ACCESS Transportation Systems Connecting people to life