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Once an applicant is determined to have a qualifying disability that prevents his or her use of fixed-route services, the ADA paratransit analyst must make additional decisions related to eligibility. Section 3 covers the steps that must be taken in determining the ADA category, the conditions and duration of an applicant's eligibility.

Diagrams in this section provide overviews of the three ADA categories, the conditions under which an applicant is eligible and the duration of the service. Detailed discussions of each of the ADA categories include answers to frequently asked questions. Finally, the table on page 3.6 illustrates the relationship of the three factors used to determine ADA paratransit status.

Information is also included in Section 3 on personal care attendants, service animals and trip-by-trip eligibility. Case scenarios at the end of the section illustrate the ADA categories and conditions under which individuals with disabilities are certified ADA paratransit eligible.

3.2 ADA Eligibility Overview

PHRASES TO KNOW:

ADA Paratransit Eligible:
A person assessed and determined as meeting the ADA criteria for paratransit services.

Eligibility Conditions:
The circumstances under which an ADA Paratransit Eligible person can or cannot use paratransit or must use other means of transportation.

Every applicant found eligible for ADA paratransit is classified under one of three ADA categories. The categories determine why the individual cannot use the fixed-route system.

ELIGIBILITY CATEGORIES:

ADA Category1

The individual cannot independently use ACCESSIBLE fixed route due to disability.

ADA Category2

The fixed route services needed by the individual are NOTACCESSIBLE.

ADA Category3

The individual has a specific impairment-related condition which in interaction with a barrier prevents getting to or from a bus (or rail) stop or station.

When making an eligibility determination, certification analysts have to consider and answer the following three questions about each ADA eligible applicant.

Under which of the three ADA categories is the applicant eligible?

CONDITIONS OF SERVICE:

What is the range of ADA paratransit services the applicant is eligible to receive? Limited (conditional) or full (unconditional) services?

DURATION:

How long is the applicant eligible to receive ADA paratransit services? Permanent or temporary?

3.3 ADA Categories: Discussion

ADA CATEGORY 1

Individual Cannot Independently Use ACCESSIBLE Fixed Route Due to Disability

A determination under Category 1 is for persons who have a physical or mental (cognitive) disability that prevents them from independently navigating the transit system even when accessible fixed route services are in operation. This ADA criterion must be met even when there are assistive boarding devices in the system and other accommodations are available.

Q How is "navigating the system" defined?

In ADA terms, "navigating the system" refers to getting to a boarding location, correctly identifying which vehicle to take, and riding and getting off without the assistance of another individual. Navigating also includes the recognition without assistance of the correct destination stop.

Q What do the ADA regulations imply by stating "without the assistance of another individual"?

Under the ADA regulations this means that an individual is unable to navigate (recognize correct vehicle and destination, board, ride and dis-embark) without the assistance of another person. This excludes transit drivers and/or others who operate wheelchair lifts or other boarding assistance devices.

Q What is the range of tasks that bus operators can perform for a wheelchair or scooter user before that individual would be determined under the ADA as meeting the "inability to board" criterion?

The bus operator can assist the person to board the lift by providing verbal coaching and, once on board, assistance can be provided with any tie-downs or other securement devices. An individual should be able to independently board the bus using a lift without assistance from the driver other than verbal coaching. This includes being able to independently negotiate onto the lift to board and disembark.

". . . people [in ADA Category 1] cannot board, ride or disembark from an accessible vehicle, without the assistance of another individual. Eligibility in this category is based on ability to board, ride, and disembark independently."

ADAParatransit Eligibility Standards, Section 378.123

If an individual lacks the ability to use the assistive devices on the vehicle and requires personal assistance (manual) to board or disembark, the ADA criterion of "inability to board" is met. This person could be eligible under ADA Category 1.

Q What does the Department of Transportation say about operator assistance on fixed route?

While the regulation [ADA] states that a person is eligible for paratransit services if [that person] cannot independently use the fixed route system, operator assistance [on fixed route] is assumed. Section 37.165 of the ADA regulations states that, "the drivers or other personnel must provide assistance with use of lifts, ramps and securement devices." Transportation operators are required to train drivers and to keep lifts in good repair. Calling out stops is also required to assist persons who are blind navigate the system. Public transit entities may, beyond this level of assistance, choose to offer additional assistance in order to enable persons to use the fixed route; however, this additional level of service cannot be taken into consideration when making an eligibility determination.

Q How would ADA eligibility in Category 1 be established for persons with cognitive disabilities?

Individuals with cognitive disabilities could be determined eligible under Category 1 by being incapable of such activities as:

recognizing the correct vehicle or bus stop
boarding or getting on a vehicle
recognizing destinations
using personal memory aids
asking for and acting on assistance
taking advantage of available system accommodations (announcement of stops, travel training, route planning, etc.)

Caregivers of persons with cognitive disabilities often express safety or vulnerability of the applicant as reason for requesting ADA paratransit. Both safety and vulnerability of an individual are real and valid concerns, but do not establish eligibility for ADA paratransit.

Q Does eligibility status change if a personal care attendant or a companion accompanies a Category 1 client on paratransit trips?

No. If the client chooses to travel on paratransit with an attendant or friend (even if that person could assist the client in navigating accessible fixed route) the eligibility is not changed. The ADA regulations state that eligibility in this category is based on ability to board, ride, and disembark independently. Independently is a key word.

Q Does a person determined ADA Paratransit Eligible under Category 1 need to apply for recertification?

Yes. Under the nine-county regional process all ADA paratransit users, no matter the category, must reapply every three years.

ADA CATEGORY 2

The Fixed Route Services Needed by the Individual Are NOT ACCESSIBLE

Eligibility under Category 2 relates directly to the accessibility of vehicles, in the fixed route system, and the accessibility of bus and light rail stations and stops. Under Category 2 are individuals with disabilities who require accommodations in the fixed-route system that are not available. In the San Francisco Bay Area very few people are exclusively eligible under this category because of the accessibility of transit systems.

Q Who is generally affected under this category?

Persons with disabilities who could use fixed route if it were accessible, but it is not accessible. For example, key stations are not accessible, buses do not have lifts or lifts can't be deployed at stops persons need to use.

Q In what other situations might a person be found eligible under this category?

Eligibility under this category could also be provided to an individual who uses a "common" wheelchair or scooter that cannot be accommodated by the lifts on the fixed-route system.

Q What constitutes accessible fixed-route transportation?

According to the ADA's definition, the accessible features have to meet the ADA definition as developed by the Access Board (Architectural and Transportation Barriers Compliance Board) and referenced in final ADA rules.

Q How is this eligibility category treated by transit providers whose fixed-route systems are fully accessible?

The issue is covered by the U.S. Department of Transportation as follows:

"Individuals who could use accessible vehicles would not be Category 2 eligible in these areas and transit districts are not required to include questions that address this category of eligibility in their application materials or assessment processes if the fixed route service is 100 percent accessible.

"These same individuals may not, however, be able to use inaccessible vehicles if they travel to other transit districts. Therefore, transit providers are encouraged to address this category of eligibility even if it is not applicable to their local system and to note on the eligibility documentation provided that individuals are ADA paratransit eligible if accessible fixed route vehicles are not available when needed."*

* Americans with Disabilities Act ( ADA) , Paratransit Eligibility Manual, U.S. Department of Transportation, Federal Transit Administration, 1993.

ADA CATEGORY 3

TRAVEL IS PREVENTED

This category applies to "any individual with a disability who has a specific impairment-related condition which prevents such individual from traveling to a boarding location or from a disembarking location."

ADAParatransit Eligibility Standards, Section 37.123

"Invariably some judgment is required to distinguish between situations in which travel is prevented and situations in which it is merely made more difficult A case of prevented travel can be made only when travel is literally impossible."

ADA Paratransit Eligibility Standards, Section 37.123

The Individual Has a Specific Impairment-Related Condition Which Prevents Getting To or From a Bus (or Rail) Stop or Station

The third eligibility criterion concerns individuals who have a specific impairment-related condition which prevents them from getting to and from a stop or station. A person found ADA Paratransit Eligible under this category may sometimes have the ability to ride accessible fixed route vehicles. But at other times, the impairment-related condition impacts the person in a way that prevents getting to or from the bus stop or station. The ADA regulations specify that the presence of an environmental barrier alone does not create eligibility. There must be a connection between the disability and a barrier to establish eligibility. Most people found eligible under Category 3 will be considered conditionally eligible.

Q Why the emphasis on the word prevent?

To meet this ADA criterion, a person because of his or her impairmentrelated condition must be prevented from accessing fixed route. The ADA notes the difference between a person with an impairment finding it difficult or inconvenient to access the transit system and a person being literally prevented from making a trip.

Q What about an individual who can board the fixed route once a stop or station is reached?

If a person is eligible under Category 3, it implies that he/she can use the system once he/she gets to it. A transit operator may determine that this person be taken to a stop or station rather than providing an entire trip by paratransit. This is allowed under the ADA.

Q What are examples of environmental barriers?

Environmental barriers can be weather or temperature conditions and/or architectural barriers such as curbs, major intersections without cross walks, steep inclines, or construction zones. However, barriers are not analyzed alone. Barriers must be analyzed as they directly relate to a person's specific impairment-related condition (i.e., does the incline prevent the wheelchair user from reaching a destination or does it only make it more difficult?).

"This regulation makes the interaction between an impairment-related condition and the environmental barrier (distance, weather, terrain or architectural barrier) the key to determination. This is an individual determination. Depending on the specifics of [the] impairment-related condition, an individual may be able to get from his home to a bus stop under a given set of conditions while his (or her) neighbor could not."

ADAParatransit Eligibility Standards, Section 37.123

(NOTE: Within the region the usage of the phrase environmental barriers often includes architectural barriers. However, some transit operators do refer to environmental and architectural barriers separately.)

Q Does the ADA provide examples of impairment-related conditions that could prevent getting to or from bus stops or stations?

In the ADA the following examples of impairment-related conditions are listed under Category 3 eligibility (Section 37.123). These same conditions can also be found under other categories.

chronic fatigue
blindness
lack of cognitive ability to remember and follow directions
a special sensitivity to temperature
impaired mobility
severe communications disabilities (e.g., a combination of serious vision and hearing impairments)
cardiopulmonary conditions

(NOTE: The ADA legislation states that, in writing regulations, the Department of Transportation did not think it appropriate or possible to create an exhaustive list of conditions.)

Q What are some examples of eligibility under Category 3?

A person with a cardiac condition who is sensitive to high temperatures and cannot walk to or wait outside for fixed route during extremely hot weather would be eligible when this environmental condition exists.
A person who is frail and cannot independently travel more than 3 blocks to a bus stop and will be taking trips with a destination more than 3 blocks from the closest fixed route stop or station.
A person with a cognitive disability who has been trained to get to and from a specific location but needs to make a trip for which he or she has not been trained.
A person who is blind and unable to cross major intersections without signals would be eligible for trips involving major crossings without the presence of signals.
A person who uses a manual wheelchair and is able to navigate four or more blocks on level sidewalks but cannot navigate a steep incline could be eligible.
A person who uses a wheelchair who must cross streets without curb cuts to reach the correct bus stop could be eligible.

It should be noted that most persons who are Category 3 paratransit eligible would be so only for certain trips.

3.4
Categories and Conditions of Service: Unconditional or Conditional?

A determination of paratransit eligibility includes first identifying one of the three ADA categories that most appropriately matches the applicant's situation.

The next step is to further define the extent or depth of service by determining if the applicant should have full (unconditional) or limited (conditional) paratransit use. Note that ADA Category 2 can only be conditional.

LIMITED (Conditional) :

Conditions that surround travel do not vary enough to make it possible for a person to independently travel.

Conditions that surround travel VARY so that there are times when a person can use fixed route and other times that paratransit must be used.

ADA Category1

FULL (Unconditional)

The individual cannot independently use ACCESSIBLE fixed route due to disability.

Limited (Conditional)

ADA Cat egory 2

The fixed route services needed by the individual are NOT ACCESSIBLE.

LIMITED (Conditional)

ADA Category3

Full (Unconditional)

The individual has a specific impairment-related condition which in interaction with a barrier prevents getting to or from a bus (or rail) stop or station.

LIMITED (Conditional)

3.5 Categories, Conditions and Duration of Service

Once an applicant is determined eligible under one of the three ADA categories and given a conditional or unconditional status, the next step is to determine the duration of time for which ADA paratransit service is to be provided. An ADA-eligible person is considered to have either PERMANENT or TEMPORARY status.

A temporary or permanent eligibility status can be granted under all three ADA categories.

The ADA eligible person has a functional disability that is permanent.

There is a date when eligibility for ADA paratransit service is expected to terminate or level of eligibility is expected to change from unconditional to conditional. The expiration (stop) date is noted in the eligibility letter to applicant and/or on the I.D. card.

Temporary eligibility status occurs because there are situations when individuals have functional limitations that are only present for a limited time.

3.6 Factors in Determining Eligibility Status

FACTORS TO CONSIDER:

The ADA category of applicant's eligibility
The extent or range of paratransit services the applicant is eligible to receive (full or limited).
The time period during which the applicant is eligible to receive services (permanent or temporary).

ADA Categories

1 - The individual cannot independently use ACCESSIBLE fixed route due to disability.

FULL (Unconditional)

Use paratransit always with no stop date. -- Permanent

Use para-transit always until stop date. -- Temporary

LIMITED (Conditional)

Use paratransit sometimes with no stop date (e.g., when certain specific situations or conditions are present). -- Permanent

Use para-transit sometimes until stop date. -- Temporary

2 - The fixed route services needed by the individual are NOT ACCESSIBLE.

ADA Category 2 is never full (unconditional), but always limited (conditional). Once the fixed-route system is totally accessible, persons certified under this category will no longer be ADA paratransit eligible.

LIMITED (Conditional)

Use paratransit sometimes until system is accessible (e.g., kneelers & lifts). -- Permanent

Use para-transit sometimes until system is accessible or stop date. -- Temporary

3 - The individual has a specific-impairment-relatedcondition which in interaction with a barrier prevents getting to or from a bus (or rail) stop or station.

FULL (Unconditional)

Use paratransit always until barriers to accessible fixed route are removed or decreased. -- Permanent

Use para-transit always until barriers to accessible fixed route are removed or decreased, or until stop date. -- Temporary

LIMITED (Conditional)

Use paratransit sometimes until barriers to accessible fixed-route transportation are removed or decreased. -- Permanent

Use paratransit sometimes until barriers to accessible fixed-route transportation are removed or decreased, or until stop date. -- Temporary

3.7 Documentation of Eligibility Determinations

The next step after an ADA eligibility determination is made is to notify the applicant in writing and provide information about the paratransit program. This determination information is also entered into the Regional Eligibility Database (RED). The process of notifying applicants is referred to by the ADA as documentation.

Q How is this documentation process described in the ADA rules and regulations?

In the regulations (Section 37.125 (e)) it is stated: "The public entity shall provide documentation to each eligible individual stating that he or she is ADA Paratransit Eligible. The documentation shall include the name of the transit provider, the telephone number of the entity's para-transit coordinator, an expiration date for eligibility, and any conditions or limitations on the individual's eligibility including the use of a personal care attendant."

Q Does the notification of an eligibility determination have to be made in writing?

Yes. The ADA specifies that any eligibility determination, whether or not it awards paratransit services, must be in writing.

Q What are the procedures for notifying applicants determined ineligible?

The ADA regulations (Section 37.125 (d) state: "If the determination is that the individual is ineligible, the determination shall state the reasons for the finding." The written notification should identify why the information gathered during the application process (including the application, phone/in-person interviews, and/or professional verification) is not consistent with any of the three eligibility criteria. The applicant must also receive information on the appeals process.

Q Does information on eligibility determinations need to be available in accessible formats?

Yes. Upon request, all information about the eligibility process including notices about determinations must be available in accessible formats.

"All information about the process, materials necessary to apply for eligibility and notices and determinations concerning eligibility shall be made available in accessible formats, upon request."

3.8 Personal Care Attendants (PCAs) and Companions

Transit entities must follow ADA regulations regarding companions and personal care attendants (PCAs) who travel with paratransit eligible individuals. The regional application includes a question related to the use of personal care attendants and this information can also be helpful in determining the eligibility status of a person.

Under the ADA transit providers may require individuals, as part of the initial eligibility certification process, to indicate whether he or she travels with a personal care attendant.

Does a personal care attendant accompany you when you travel outside your home (for example, to push your wheelchair, carry oxygen, etc.)?

Yes -- No -- Sometimes

Question 16 --
Regional Application for ADA Complementary Paratransit Service

The following are some frequently asked questions about companions and/or PCAs who travel with ADA eligible persons.

Q How is a personal care attendant defined?

A personal care attendant (as defined by the ADA) is someone designated or employed specifically to help the eligible individual meet his or her personal needs. This personal care attendant may always ride with the eligible individual. The PCA rides free when accompanying this individual.

Q How is a companion defined?

A companion is someone the paratransit consumer wants (desires) to ride with him or her. This person is not needed to help the ADA para-transit user. Companions must pay a fare at all times.

Q Can the transit provider limit choices of companions who will accompany an ADA eligible person?

No. The transit provider cannot limit the choice of companions just as a fixed route driver could not specify who might travel together. The para-transit eligible person, for example, might bring a business associate, a family member, a date, a friend or classmate.

Q How many companions can travel on each paratransit trip?

The ADA regulations require that, if requested, one companion must be accommodated on each paratransit trip. Beyond that number, companions are to be transported on a space available basis.

Q Can a companion (family member or friend) be included on a trip when the designated/employed personal care attendant will be accompanying the eligible person?

Yes, the ADA requires that one individual in addition to the personal care attendant be accommodated. Again, beyond this number companions are served on a space available basis. The PCA would not pay a fare, but the companion would.

Q Does the ADA define what is meant by "accompanying"?

Yes. The eligible individual and the companion must have the same origin and destination for the ADA paratransit trip. The companion cannot join the paratransit eligible consumer later en route or disembark before the consumer's destination.

Q What is the cost companions and PCAs pay when traveling on paratransit with an ADA eligible individual?

Companions pay the same fare as the eligible rider. The PCA rides free. In addition, the same rules that the ADA eligible individual follows for making trip reservations also apply to companions and attendants.

Q Who decides when an attendant (PCA) will be used?

After an individual has been certified as needing to travel with a PCA, it is the ADA eligible person who determines if the attendant is needed for any particular trip.

The need for an attendant might not necessarily relate to the actual travel, but to other services performed when the destination is reached. A blind person, for example, might need assistance with shopping at the other end of the trip or in setting up a training session or meeting. A person with cerebral palsy could need assistance at the airport to check luggage and wheelchair, whereas on the paratransit van the driver would be taking care of his or her needs (i.e., securements, boarding, disembarking).

Q Under which category of ADA eligibility do individuals with personal care attendants fall?

ADA eligible individuals with personal care attendants are found in all three ADA categories.

During the application screening process, a relationship should be established between the need for a PCA, the stated disability and the assistance the attendant provides.

Q Can a family member be a PCA?

Yes. A PCA may be a family member or friend or an employee. Whatever the relationship, an attendant must provide services that are clearly needed by the ADA eligible person.

If a person does not indicate the use of an attendant on the application form, it should be assumed that any individual that travels with him or her is a companion and not a PCA.

Q Is there a difference between a Personal Service Attendant (PSA) and a Personal Care Attendant (PCA )?

No. These are two different names for a service provider who is designated or employed to help an ADA eligible person meet his or her personal needs.

3.9 Service Animals

Do you use any of the following mobility aids or specialized equipment?

(Service animals are listed among the choices the applicant can check.)

Question 15 -- San Francisco Nine-County Bay Area Application for ADA Complementary Paratransit Service

Applicants for ADA paratransit may list a service animal as the aid or one of the aids that they use. Although most people are familiar with "guide dogs for the blind," these dogs are just one type of service animal used by individuals with disabilities. Service animals perform a wide range of functions and tasks to assist persons with disabilities.

Q Does the ADA define what should be considered as a service animal?

Yes. The ADA defines a service animal as any guide dog, signal dog, or other animal trained to provide assistance to an individual with a disability. If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government.

Service animals perform some of the functions and tasks that the individual with a disability cannot perform for him or herself. Guide dogs are one type of service animal, used by some individuals who are blind. This is the type of service animal with which most people are familiar. But there are service animals that assist persons with other kinds of disabilities in their day-to-day activities. Some examples include:

Alerting persons with hearing impairments to sounds.
Pulling wheelchairs or carrying and picking up things for persons with mobility impairments.
Assisting persons with mobility impairments with balance.

The ADA does not include emotional support provided by a service animal in its definition of assistance.

Q How can a person tell if an animal is really a service animal and not just a pet?

Some, but not all, service animals wear special collars and harnesses. Some, but not all, are licensed or certified and have identification papers. Such documentation generally many not be required as a condition for providing service to an individual accompanied by a service animal. If a driver or analyst is not certain that an animal is a service animal, he/she may ask the person who has the animal if it is a service animal required because of a disability.

Q Can a fixed route driver, van or taxi driver refuse service to someone with a service animal?

No. Whether employed by a public or private transportation entity, it is a violation of the ADA for a driver to refuse service to a consumer with a service animal. Also there can never be an extra charge for transporting a service animal.

Q What if a service animal barks or growls at other people, or otherwise acts out of control?

A service animal may be excluded when that animal's behavior poses a direct threat to the health or safety of others. For example, any service animal that displays a vicious behavior towards a driver or other passengers may be excluded.

Q What are the rules regarding service animals coming into a place of business such as a paratransit broker's office?

The service animal must be permitted to accompany the individual to all areas of the office or facility where other paratransit consumers are normally allowed. While on the premises, the care and supervision of the animal is the responsibility of his or her owner. The responsibility of staff is not to interfere with the service animal.

This information was adapted from: Commonly Asked Questions About Service Animals in Places of Business, U.S. Department of Justice, Civil Rights Division.

3.10 Trip-by-Trip Eligibility

"A person may be ADA paratransit eligible for some trips but not others. Eligibility does not inhere [exist] in the individual or his or her disability, as such, but in meeting the functional criteria of inability to use the fixed-route system established by the ADA. This inability is likely to change with differing circumstances."

ADAParatransit Eligibility Standards, Section 37.123

The ADA regulations require that transit operators only provide paratransit services to eligible persons for trips that cannot be made on the fixed-route system. The ADA recognizes that there are paratransit eligible consumers who are capable of using the fixed-route system for some trips but not for others. For example:

A person with multiple sclerosis might need paratransit only when his or her condition is such that travel on fixed route is prevented.
An individual who has regularly scheduled kidney dialysis appointments needs paratransit after the treatment sessions but at other times can access the fixed route.
A wheelchair user with cerebral palsy can access the fixed-route system at all times except when there are extreme rain storms which create high water barriers near the closest bus stop and cover the curb cuts.

Under these circumstances, transit operators have the option of implementing trip-by-trip eligibility; a customer may be eligible for some trips while ineligible for others.

"... a significant aspect of the philosophy behind the ADA paratransit regulations is that, where possible, ADA paratransit riders should be encouraged to ride fixed-route services for at least some of their trips. This has been characterized by some in the disability community as one of the most potent tools in the regulations that assists transit agencies to limit the cost of ADA compliance. However, transit agencies view the task of identifying individuals as conditionally eligible and implementing trip-by-trip eligibility as the most difficult elements to implement in the ADA regulations."

Transportation Research Board,Synthesis of Transit
Practice 300, National Academy Press, 1998.

Q Why is there regional interest in implementing trip-by-trip eligibility?

When the ADA was passed into law in 1990, no funds were identified to help implement its transportation provisions. This fact has created a financial challenge for some public transit operators.

Many operators face budgetary constraints that threaten the amount of fixed route and paratransit service they are able to supply. Trip-by-trip eligibility has been identified as one strategy for cost containment. As a result, the efficient implementation of trip-by-trip eligibility has received significant regional attention recently. Of concern to transit operators, as well as paratransit consumers, is how this concept is put into paratransit practice locally. Specifically, a lot of discussion has focused on how to differentiate between an eligible trip and an ineligible trip, as well as who should be responsible for making this decision.

At this time the region's transit operators have not reached consensus on a policy on trip-by-trip eligibility. If consensus is reached, the adopted policy will be incorporated into this manual.

Q Does the ADA require that transit entities conduct a program of trip-by-trip eligibility?

No. The ADA, Section 37.123, states:

"Because entities [transit] are not precluded from providing service beyond that required by the rule, an entity that believes it is too difficult to administer a program of trip-by-trip eligibility is not required to do so. Nothing prevents an entity from providing all requested trips to a person whom the ADA requires to receive service for only some trips."

Q What might have to be considered in making trip-by-trip eligibility decisions?

A sampling of issues that might need to be addressed to implement a trip-by-trip determination policy include:

A specific trip might be analyzed in terms of the conditions of para-transit eligibility for the consumer requesting the trip (e.g., the consumer is prevented from making trips when there are no enclosed bus shelters).
Information about the specific abilities of the individual making a trip request might have to be considered (e.g., the consumer is unable to travel more than 2 blocks to reach a destination).
Particular barriers to using fixed route transit for a requested trip might have to be identified (e.g., a steep incline must be climbed to reach the planned travel destination).
A system (either manual or computerized) would need to be in place to provide detailed information about transit, architectural and environmental barriers that exist within the service area.
Decisions about a trip might have to be made on a case-by-case basis.
Consumers would need to be educated about trip-by-trip eligibility.

3.11 Case Scenarios -- Applying Categories & Conditions

ADA CATEGORY 1

The individual cannot independently use ACCESSIBLE fixed route due to disability.

ADA CATEGORY 2

The fixed-route services needed by the individual are NOTACCESSIBLE.

ADA CATEGORY 3

The individual has a specific impairmentrelated condition which in interaction with a barrier prevents getting to or from a bus (or rail) stop or station.

The following sample case scenarios and eligibility outcomes illustrate the types of issues that are often considered when making eligibility determinations.

James is a 52-year-old man with post-polio syndrome. He lists his mobility aid as a cane. James seemed quite unsure how to respond to questions on the application related to ability to use fixed route transit, as up to this point he has always driven his own car. He indicates that because of the limitations of muscular paralysis and some atrophy, he is almost unable to walk the distance beyond his house to the sidewalk, climb stairs, or balance himself while standing for more than a few minutes.

The ADA eligibility analyst was familiar with polio but not with post-polio syndrome. She discussed the case among peers who were familiar with post-polio syndrome before she called James for an interview. An interview was held with the applicant, at which time James suggested that in the future he might need to use leg braces and/or a wheelchair but at this time a cane was the only mobility aid he used. Professional verification was also sought from the social worker familiar with James and his functional abilities.

The eligibility screener determined that James was ADA eligible under Category 3 with full status. His disability prevents him from getting to any bus stop or station.

Jessica, a 40-year-old women, was involved in an industrial accident. She has been diagnosed with permanent brain damage. Because of this cognitive disability she is limited in her ability to recognize the correct bus stop or vehicle or know when to disembark. Up until the accident, Jessica used fixed route for all her transportation needs. On the application, she expressed an interest in being travel trained to use the fixed-route system. An in-person interview with her rehabilitation counselor indicated that Jessica was a possible candidate for travel training.

Jessica was determined ADA eligible under Category 1 with full status. Her disability was diagnosed as permanent qualifying her for full status. Jessica said in an interview that she wants travel training and will continue working with the rehabilitation specialist. At time of recertification, Jessica might be determined conditionally eligible if she is able to access fixed route for some of her trips.

Anne is a 22-year-old women with osteomyelitis who has recently had a number of surgeries on her ankles, knees, wrists and elbows. She uses a walker to get around in the house. In identifying her limitations on the application Anne stated that she is unable to put any pressure on legs or arms during the recovery phase and would be unable to get to the closest bus stop. Her application indicates that prior to surgery public transportation was the means by which she traveled to her most frequent destinations.

The ADA analyst was unfamiliar with osteomyelitis, but determined from an in-person interview with Anne and conversation with her physical therapist that the condition could be of temporary duration as the bones strengthened. The age (22) of the applicant was also discussed by the physical therapist and was taken into consideration in deciding whether to make her permanent or temporary. The physical therapist noted that a person of a much older age with the same health condition might not attain the same level of recovery needed to access the bus.

Anne received full (unconditional) ADA eligibility under Category 3 -- but with temporary status -- the assumption being that at the stop date she might be functionally capable of using the fixed-route system. Until that time she will use paratransit for her transportation needs.

Carlos is a college sophomore and a wheelchair user. He is able to access fixed-route services when it is accessible according to ADA standards. However, the college that Carlos attends does not provide bus transportation for students nor is it serviced by a fixed-route vehicle with a lift.

Carlos is awarded ADA eligibility under Category 2 with conditional and temporary status (i.e., until such time that accessible fixed-route bus service is provided on all the routes he needs). Carlos will use ADA paratransit for his trips to and from the college, but for most other trips he will use the accessible bus system in his city.

Ali is a middle aged man who has been legally blind since his late teens. He uses fixed-route transportation as a means to reach most destinations. As part of his daily job responsibilities he visits various office sites around the county in which he lives. Several of these sites have barriers that prevent his use of fixed route service. These barriers include crossing large parking lots that lack pedestrian areas and busy thoroughfares without signals.

Because of these barriers Ali is determined eligible under ADA Category 3. His status is permanent and conditional. When these barriers do not exist he is able to access the fixed route system.

Helga is a woman in her early 30s who has recently been diagnosed with AIDS. She has been hospitalized a number of times with pneumonia and other complications resulting from her weakened immune system. Her condition varies greatly each day and between stays in the hospital. On the application Helga listed HIV/AIDS as her disability and responded that her variable condition affected her ability to access fixed route.

The clinical social worker contacted for professional verification confirmed that Helga's disability and her variable conditions affected her ability to independently access fixed route for all her transportation. Helga was certified as Category 1, conditional and permanent.

Moe is in his late 60s and, as a result of a car accident, has chronic back problems, pain and fatigue. His condition varies from day to day and also during any given day. A personal care attendant is employed for 8 hours each day to assist Moe with tasks. He also uses a cane as a mobility device.

On his application Moe listed fixed route and taxis as the way he now travels to his most frequent destinations. During an interview, however, Moe stated that his pain and back problems often prevent him from riding the fixed-route system. Moe was found eligible under Category 1, as conditional on a permanent basis. Since conditions vary he can use paratransit for some trips, but there are times when fixed route can also be accessed.

FULL (UNCONDITIONAL) STATUS

Conditions that surround travel do NOT vary enough to make it possible for a person to travel independently.

LIMITED (CONDITIONAL) STATUS

Conditions that surround travel VARY so that there are times when a person can use fixed route and other times that paratransit must be used.

PERMANENT

means the ADA eligible person has a functional disability that is permanent.

TEMPORARY

means there is a time (date) when paratransit service is expected to end or level of eligibility is expected to change from unconditional (full) to conditional (limited). The expiration (stop) date is noted for the applicant.

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