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Para102

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You must file an appeal within 60 days of determination of ineligibility. ... by person not involved in original determination of paratransit ineligibility. ... – PowerPoint PPT presentation

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Title: Para102


1
Para102
Paratransit 102Eligibility
2
Definitions
  • Fixed Route
  • Demand response
  • Paratransit Services
  • Commuter Rail Services
  • Travel Training

3
Definitions
  • Fixed Route
  • The term ''fixed route system'' means a system
    of providing designated public transportation on
    which a vehicle is operated along a prescribed
    route according to a fixed schedule.

4
Definitions
  • Demand response
  • Paratransit (also called demand response or
    dial-a-ride) is comprised of passenger cars, vans
    or small buses operating in response to calls
    from passengers or their agents to the transit
    operator, who then dispatches a vehicle to pick
    up the passengers and transport them to their
    destinations.  A paratransit operation is
    characterized by the following (a) The vehicles
    do not operate over a fixed route or on a fixed
    schedule except, perhaps, on a temporary basis to
    satisfy a special need and (b) typically, the
    vehicle may be dispatched to pick up several
    passengers at different pick-up points before
    taking them to their respective destinations and
    may even be interrupted en route to these
    destinations to pick up other passengers.

5
Definitions
  • Paratransit Services
  • Paratransit service grew in the United States
    following the Americans with Disabilities Act
    which required complementary paratransit be
    provided alongside most public transit services
    in the United States which receive funding from
    the Federal Transit Administration (FTA). ADA
    complementary paratransit service is for people
    who are unable to ride buses by virtue of a
    disabling condition. (Wikipedia)

6
Definitions
  • Commuter rail, regional rail or suburban rail is
    a passenger rail transport service between a city
    center, and outer suburbs and commuter towns or
    other locations that draw large numbers of
    commuters or people who travel on a daily basis.
    Trains operate following a schedule, at speeds
    varying from 35 to 125 mph.

7
Definitions
  • Travel training or travel instruction, is
    one-to-one individualized instruction designed to
    teach seniors and people with disabilities (other
    than blindness or visual impairment) to travel
    safely and independently on fixed-route public
    transit. This type of transit includes buses
    operating on regular routes and commuter rail
    systems.
  • Participants learn travel skills for following a
    specific route, typically to a school or a job
    site. Travel instruction professionals determine
    how different disabilities affect a person's
    ability to travel, and they develop methods to
    teach travel skills tailored to each persons
    needs.
  • The benefits of successfully completing a travel
    training program include
  • More choices and flexibility for travel
  • Greater self-esteem and independence
  • Better access to employment, job training,
    post-secondary education and recreation

8
Focus of Paratransit 102
  • What is Eligibility?

9
Eligibility Basics
  • You should be eligible for paratransit services
    if
  • You are inside the service area of a fixed route
    system, which is within 3/4 of a mile from the
    main route bus
  • You are unable to independently board, ride on,
    or disembark from an accessible fixed route
    vehicle due to disability
  • You need accessible facilities or equipment and
    these are not accessible
  • You have a specific impairment related condition,
    which, in interaction with a barrier (distance,
    weather, terrain, architectural), prevents
    traveling to or from a bus or rail stop or
    station
  • Eligibility may be permanent or temporary
  • A person may be eligible for some trips and not
    others

10
Application Process
  • No Standard Eligibility Process
  • Written Application
  • Physical/ Note from Physician
  • Phone Application
  • In-person Interview
  • Functional Assessment- who conducts it?
  • Ride to Interview

11
Your Rights As An Applicant
  • The ADA requires
  • All information must be provided in accessible
    formats upon your request
  • The transit company has 21 days to make a
    decision on your application or you get service
    until they decide
  • Their decision must be provided in writing.
  • If youre determined ineligible, specific reasons
    must be given to you
  • You must file an appeal within 60 days of
    determination of ineligibility.

12
Your Rights As An Applicant
  • You must be given an opportunity to be heard, and
    to present your argument in person if you request
    it.
  • Your appeal must be decided by person not
    involved in original determination of paratransit
    ineligibility.
  • You have the right to use paratransit services
    until the decision is made if the provider takes
    longer than 30 days after completing the appeals
    process to decide your eligibility status.

13
Basic Eligibility- Category 1
  • You cannot navigate the system due to an
    impairment-related condition
  • You need an attendant to ride the main line bus
    system

14
Conditional Eligibility- Category 2
  • As it relates a persons condition
  • If a persons disability changes their ability to
    do things independently based on how theyre
    feeling
  • Epilepsy
  • Multiple Sclerosis
  • Psychiatric Disabilities
  • Weather

15
Conditional (trip by trip) Eligibility- (category
2)
  • As it relates to pedestrian infrastructure
  • Eligibility for paratransit should be reduced
    over time as transit systems and pedestrian
    infrastructure become more accessible
  • Route based, not system based
  • Should apply to each trip and each leg of trip
  • A bus route is accessible when all buses are
    scheduled on the route are accessible
  • A rail line is accessible is accessible if one
    car per train is accessible and key stations are
    accessible
  • Applies if a bus stop or key rail station is not
    accessible (the lift cannot be used)
  • Paratransit has to parallel rail services if they
    are not accessible

16
Reasonable Person Test- Category 3
  • Having a disability doesnt mean that youre
    automatically eligible for paratransit services.
  • The interaction of barriers with an individuals
    disability may form a basis of eligibility.
  • Travel is impossible OR the difficulties are so
    substantial that a reasonable person with the
    impairment-related condition would be deterred
    from making the trip.

17
Other Eligibility Considerations
  • Attendant/ PCA vs. Companion
  • Service Animal

18
How Long Will I Be Eligible?
  • No standard for how long someone can be eligible
  • FTA recommends 1-3 years
  • Eligibility ends when a person is able to use
    fixed route service for any use at any time

19
Keeping Your Eligibility
  • Provider Can suspend your services for a
    reasonable amount of time for a pattern or
    practice of missing scheduled trips or breaking
    other rules while riding.
  • The Provider has to make sure that you understand
    the rules and consequences of breaking them
    before they suspend your service.
  • Losing eligibility can mean losing your job or
    losing access to medical treatments- it must be
    taken seriously by the provider.

20
Appeals Process
  • Similar rules to Application appeal process
  • Their decision must be provided to you in writing
    and in an accessible format, and they must give
    you specific reasons for suspending your service.
  • You must file your appeal within 60 days of
    becoming ineligible
  • You must be given an opportunity to be heard, and
    to present your argument in person if you request
    it.
  • Your appeal must be decided by person not
    involved in original determination of paratransit
    ineligibility.
  • You have the right to use paratransit services
    until the decision is made if the provider takes
    longer than 30 days after completing the appeals
    process to decide your eligibility status.

21
The Elements of Due Process
  • As a passenger, you must understand expectations
    and the consequences of failing to meet certain
    performance standards.
  • There must be a consistency in the application of
    rules, policy, and procedures.
  • Any discipline must be appropriate for failure to
    meet certain performance standards. A
    passengers performance track record and prior
    disciplinary history must be taken into account.
  • The passenger must be given an opportunity to
    respond (give their side of the story).
  • A reasonable period of time must be allowed for
    the passenger to improve poor performance.

22
More Trainings
  • 103-104 topics
  • Self Advocacy Tools
  • Travel Training
  • Evaluate us

23
Closing
  • Register at www.paratransittexas.org/presentatio
    ns
  • Access PEAC for 1 on 1 assistance
  • Thanks
  • Q and A
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