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This section provides information on options available to an applicant once ADA paratransit services have been denied or a conditional eligibility determination is made. Included in this section is a brief discussion on denials as an integral part of an overall ADA process that requires a "strictly limited" criteria for eligibility. The steps in appealing a decision are illustrated in a chart that presents an overview of the entire process. This is followed by a discussion of the appeal process and a list of frequently asked questions on procedures and policies on appealing an ADA eligibility determination.

Case scenarios are included to illustrate applications that have been denied. Travel training, another option for a person denied paratransit service, is also explained. This option is described in general terms, since models of travel training vary with the different regional operators.

4.2 Denials: Why Can't Everyone Ride?

People unfamiliar with the intent of the ADA and the strictly limited criteria that were established for ADA paratransit eligibility often ask the question, "Why can't everyone ride?" It is also frequently asked by people familiar with pre-ADA paratransit services that were offered by some transportation operators or social service agencies. Earlier non-ADA paratransit eligibility was often based on the presence of a disability, a letter from a medical practitioner or the presentation of a birth certificate verifying that a certain age had been reached. Often, these eligibility criteria did not establish a link between the reported disability and the individual's ability to use fixed route.

The ADA paratransit process with its limited eligibility criteria must deny services to individuals not meeting it. The ADA was enacted to provide equal access to, and full participation in, the social and economic life of American society, including accessible fixed-route transportation. The strict eligibility process is also a way to protect the civil rights of those individuals entitled by the ADA legislation to receive complementary paratransit services.

Q Why are there denials of ADA paratransit eligibility?

In general terms, denials of eligibility occur because there are persons with disabilities applying who have the ability to use accessible fixed route to meet all or some of their transportation needs. Denials can also occur when applicants who do not understand the criteria apply for ADA paratransit services. Examples of denial situations are found later in this section.

Q What information must be included in a denial letter?

Under the ADA, transit operators must provide the applicant specific reasons for the ineligibility. Reasons cited must relate directly to information on the application, obtained through interviews or professional verification, or by second level functional assessment. The reasons presented must, as the ADA states, "specifically relate the evidence in the matter to the eligibility criteria of this [ADA] rule ... and of the entity's process." The denial letter must also include information about the right to appeal and a description of the appeals policy and process. All this information must be available in accessible format, if requested.

The [transit] entity shall establish and administer an appeal process through which individuals who are denied eligibility can obtain a review of the denial.

ADAParatransit Eligibility: Process, Section 37.126.

Q What explanations are included in denial letters sent to applicants?

These letters could include, for example, one or more of the following explanations:

Information presented does not indicate how applicant is prevented from using fixed route.
Interview contradicts information on application.
Professional verification contradicts information on application.
Applicant is not prevented from using fixed route.
Travel on fixed route is not impeded by environmental barriers.
Travel on fixed route is not impeded by architectural barriers.

Q What rights does an individual denied ADA paratransit services have?

Applicants have a right to appeal a denial or a conditional eligibility determination. Complete information about the appeal process follows.

Q Is there information on the rate of denials for the region?

Each operator keeps records of all applicants denied eligibility and is required to enter these denials into the Regional Eligibility Database. The Metropolitan Transportation Commission (MTC) collects data from all operators and each month prepares a statistical report that includes the cumulative number and percentage of denials. This monthly print-out from MTC also includes the breakdown by operator of total numbers of certified regional paratransit users along with the ADA category under which they were certified.

Q What are some factors that can influence overall certification and denial rates?

Size, topography and population density of the area covered by a transit entity.
Demographics of an area (i.e., age spread of a population, income distribution, number of retirees).
Extent to which a specific fixed route system is accessible.
Age of the system.
Location and number of bus stops or accessible stations within a system to serve transportation needs of individuals with a disability (density of the system).
Frequency of fixed route service.
The amount of or lack of architectural barriers that exist within the area covered by a transit operator.
Amount and quality of promotion conducted by a transit operator about its accessible fixed route system.
Level of operator's knowledge about the ADA and its strict criteria, rules and regulations for eligibility.
Thoroughness of explaining eligibility on phone or in person during initial inquires from applicants (i.e., self selection decision not to apply).
Amount of outreach to community to explain ADA process (i.e., focusing on the ability of persons to access fixed route not on the disability).
Experience and/or training of ADA analysts and screeners who make determinations.
Thoroughness of the ADA eligibility process followed by an operator.
Philosophy or attitudes of transit management about denying services to applicants.

Q Will there be a day when everyone with a disability who applies can "ride ADA paratransit"

Every applicant with a disability cannot ride because that is not the intent of the ADA legislation. ADA paratransit was intended to function as a transportation "safety net" for individuals with mental or physical disabilities whose impairment prevents the use of accessible fixed route transportation. The ADA stresses the importance of persons with disabilities having the opportunity, encouragement, and/or training to use accessible fixed route transportation as a means to integrate more fully into society.

4.3 Appealing ADA Paratransit Determinations: Overview

An individual receiving a notification of denial of paratransit service has the right under the ADA legislation to appeal the decision. The applicant may appeal the entire eligibility decision or only the conditions under which he or she has been certified. An appeal process may also be used by consumers who have received a suspension of service. The diagram below reviews the application process and appeals procedures. Each regional operator has its own process, but there are similarities between them.

Under ADA paratransit requirements, an individual receiving an initial determination of not eligible or conditionally eligible may make a request to appeal the decision.

Applicant applies for ADA paratransit service.

Application is reviewed and, if needed, additional information is requested.

Applicant is :

denied
or
certified with conditions.
or
certified fully eligible.

If denied: letter of denial sent (including information on the appeal process). Travel training information is mailed by some operators.

If certified with conditions: letter of ADA paratransit eligibility sent stating conditions with information on the appeal process.

Applicant has an option for requesting travel training and/or appealing the decision.

To appeal a denial or conditions of eligibility, an applicant must submit a written request within 60 days (of receipt of notification).

Requests for appeals are reviewed by certification staff to determine if additional documentation is sufficient to overturn denial before going to an appeal hearing.

Appeal is reviewed by an appeals board at a hearing.

Appeals board will render a decision within 30 days of the hearing. If not, applicant receives presumptive eligibility until a decision is finalized.

The decision of an appeals board is final. No further action can be taken by the applicant with regard to the particular application appealed. If there is a change in the condition of the individual a new application for paratransit service can be submitted at that time.

4.4 Appealing ADA Paratransit Determinations: Discussion

The ADA regulations (Section 37.125(g) require that an administrative appeal process be available to any individual determined to be ineligible for complementary paratransit services. The appeal process is available to applicants denied eligibility as well as those determined conditionally eligible.

Limiting eligibility by placing conditions on travel, in fact, is a denial of eligibility for certain trips.

Within the San Francisco Bay Area, operators have established a regional policy for the handling of appeals based on the ADA regulations. A copy of this policy is in Appendix C. Although there are variations among the 21 transit operators in the way the appeals boards are formed and the hearings are structured, they are consistent in following regulations from the ADA legislation. Transit entities within the region use various terminology to describe the persons involved in the hearing process -- appeals boards, panels, or committees.

Since the Americans with Disabilities Act was established to provide civil rights protection to individuals with disabilities, the denial of paratransit service is a serious matter. Under this civil rights law, individuals denied para-transit services are entitled to a fair, consistent and effective appeal process. Individuals denied services who decide to appeal must be afforded "due process." The legal rights of the individual must be safeguarded.

Due Process : An established course for judicial proceedings or other governmental activities designed to safeguard the legal rights of the individual.

One very important factor in ensuring an individual receives due process is the separation of function. This separation means that people hearing and deciding appeals should not be the same people responsible for making the original determinations.

Some frequently asked general questions about the appeal process follow. Specific information on how an individual operator may handle its own appeals can be obtained directly from that transit entity.

Q What are some of the specific ADA requirements related to the appeal process?

Individuals determined not eligible or conditionally eligible should receive written information about the appeal process along with the notification of denial or eligibility.
Applicants must be provided in writing or in a format accessible to the applicant the reasons for denial of eligibility.
Individuals can request an appeal within 60 calendar days of the denial/conditional eligibility notification.
A transit operator can request but not require that the appellant (person asking for an appeal) provide reasons for requesting the appeal.
Individuals must have an opportunity to be heard in person and to present information and arguments related to the denial of services.
Written notification of the appeal decision, stating the reason, must be given within 30 days of the hearing. Note: The ADA does not set a time requirement regarding the scheduling of hearings. Regional operators each have their own guidelines.
Individuals will be granted presumptive eligibility if a decision is not made within 30 days of a hearing.

Q What is the regional policy that transit entities follow in establishing an appeals panel or board?

Each fixed route operator in the region has the responsibility for establishing its own panel or board, but may coordinate with others to establish a joint appeal process.
The panels or boards will ensure an impartial review takes place. They shall:
- consist of at least three persons.
- consist of at least one "peer," one person with applicable professional experience (e.g., to determine the individual's ability to use fixed route services) and one representative from the transit operator who was not involved in the initial eligibility decision (Separation of Function).
- include, in a joint appeal process, a representative from each transit operator participating in the hearing.

Q Does an individual making an appeal have to be present at the hearing?

No. There is no requirement for attendance at the hearing. Usually appellants are encouraged to attend so that the appeals panel can ask questions directly of this individual. Appellants can also choose to send a representative in their place.

Q Who can accompany a person to an appeal hearing?

A person might bring a family member, friend, translator or an advocate.

Q Who is responsible for services and/or auxiliary aids that an applicant may require at a hearing?

According to ADA regulations, transit operators are responsible for auxiliary aids or services necessary for an applicant to participate in the hearing. Regional policy states, "If a hearing is held, the fixed-route operator will provide auxiliary aids and services necessary (e.g., interpreter, transportation, materials in accessible format) for the applicant to participate in the hearing."

Q What documents will the appeals panel have access to related to a specific individuals case?

The panel will have all information accumulated during the application/determination process and any supporting documents submitted in regards to the appeal. They will also consider any new written documents or verbal information presented by the appellant or others in attendance at the hearing.

Q Will applicants denied service in the initial eligibility process be able to speak with the analyst or screener who made the determination?

In general, it is the policy and practice of all operators to maintain the anonymity of the person or persons who made the eligibility determination. This is done to maintain a fair and consistent procedure and to prevent any undue influence in the process. The anonymity of eligibility analysts at smaller transit entities is not always possible.

Q How long do applicants have to wait for a hearing to be scheduled?

This time will vary among operators, but all transit entities attempt to schedule appeals hearings as quickly as possible. Often the scheduling of these hearings is dependent on availability of accessible locations and the members of the appeals panel.

The ADA does not specify a time period within which these hearings must be scheduled. But once a hearing is held, a decision has to be made within 30 days.

Q How is the applicant notified of a decision?

The ADA requires that the decision of the appeals panel be provided in writing. Also, accessible formats must be made available if requested.

Q Who has the final word on the eligibility decision?

The appeals panel, in accordance with ADA paratransit rules, can make determinations and overturn any previous eligibility decisions. The decision made by the panel is final in regard to the particular ADA application brought before the panel. NOTE: If the conditions of the individual denied service change, he or she can submit a new application for ADA paratransit.

Q Does the transit operator have to provide paratransit service to the applicant until the appeal is denied? (What does the ADA say about this?)

No. The ADA does not require that paratransit service be provided during the time between an appeal request and the hearing. However, if a final eligibility decision is not made within 30 days of the hearing, presumptive eligibility is temporarily awarded.

Q How does presumptive eligibility relate to the appeal process?

When an applicant requests an appeal hearing, a determination must be made within 30 days of the hearing. If not, the applicant receives presumptive eligibility and is entitled to ADA paratransit until such time as a decision is made.

Joint Appeal Process: Two or more transit operators conduct an appeal hearing.

Appellant: An individual who appeals a decision.

4.5 Travel Training: An Option for Persons Denied Service

Have you ever had any training or instruction to learn how to use the public transit?
Yes -- No
If yes, where and when did you receive this training?
(Question 13, ADARegional Application Form)

Transit operators throughout the region offer travel training or instruction in the use of the fixed route system to persons requesting this service. Although there are variations in the way the training is conducted, the overall goal is to instruct persons in how to utilize the fixed-route system.

The idea of "travel training" may be intimidating to some people. ADA eligibility analysts know from screening applicants that many people applying for paratransit are unfamiliar with fixed route services or the accessibility of a local/regional system. There are applicants who have never taken public transportation during their life times. Many applicants are also unfamiliar with the term "travel training." The regional application approaches this issue by asking applicants about any instruction or training they have had on using public transit. The application does not use the term "travel training."

Persons denied paratransit service or categorized as conditionally eligible are all candidates for training. Travel training focuses on the skills and knowledge a person needs to use the fixed route system in the city and/or region in which the applicant resides.

In the spirit of the ADA and its transportation provisions, people with disabilities, in order to be integrated into the economic and social life of American society, must have access to transportation.

To meet the transportation needs of persons with disabilities, persons denied ADA paratransit service or given conditional eligibility should have opportunities for travel training.

Questions frequently asked about travel training include:

Q Can a transit provider make travel training mandatory for persons receiving ADA conditional eligibility?

No. Travel training can never be required for any person. It is an optional service provided to assist persons with disabilities to meet their transportation needs by learning how to use the fixed route.

Q Who is responsible for conducting travel training?

Some transit agencies use their own staff to provide training, while others use volunteers from local senior or disabilities groups for that purpose. Other operators have peer training consultants on call who are matched with prospective trainees. Overall, it is the responsibility of each transit operator to use trainers who have been thoroughly trained on their particular system.

Q How long does it take to travel train a person?

There is no established time. The time needed depends on the number of classroom sessions and trips that are conducted before a person is ready to independently navigate a route and/or the system. Transit operators have reported that in some situations, training was terminated because after numerous sessions the knowledge and skills to use fixed route were not acquired by the trainee.

Q Is travel training always conducted on a one-to-one basis?

No. Operators use a range of training strategies, including:

Group travel training (sometimes called consumer training)
One-on-one instruction
A combination of group sessions and individual training

Q How much does a person requesting travel training from a regional operator pay for this service?

There is no cost to the trainee for this instruction.

Q How much does travel training cost the operator?

The cost to travel train an applicant varies greatly depending whether staff, professional trainers, volunteers or contracted services are used. Costs can also vary because of length of time an individual needs to be trained. One benefit of successful training can be a transition from ADA paratransit service to less expensive fixed-route service for some or all of an individual's trips.

Q What is "destination training"?

Destination training describes a particular kind of training used to teach people how to use the fixed route to travel specifically to daily/frequent destinations. These sites, for example, usually include work or job training sites, schools, or social service agencies. Destination training is often used with persons with developmental disabilities or mental impairments to assist them in making a "standard" trip that is repetitive. This training is also used for persons with visual impairments. Destination training skills taught will vary but could include:

Finding the way to and from correct transit stops
Recognizing correct vehicles
Paying fares
Learning appropriate bus behavior
Alerting driver when approaching stop
Boarding and letting driver know desired destination
Knowing what to do in an emergency

Q What might a transit operator expect from its travel trainers?

First-hand knowledge about the local/regional fixed route system in the Bay Area (e.g., be a regular user of public transit, know about lifts, kneeling feature, accessible stations and schedules).
Familiarity with ADA eligibility criteria for paratransit and knowledge of range of services.
The techniques and skills for correctly handling wheelchairs and other mobility devices.
Knowledge and effective strategies for travel training persons with disabilities and/or older adults. (This includes information about the disabilities of those being trained.)
Sensitivity to persons with disabilities.
An understanding of the ADA and how travel training corresponds to the overall goals of this civil rights law.
Knowledge and skills to handle emergency situations.
An organized approach to "trips" conducted during training. (See sample Travel Trainer's Trip Planning Sheet on following page.)

Experienced travel trainers often emphasize the importance of understanding both the physical and psychological barriers that prevent individuals with disabilities from accessing fixed-route transportation.

"Travel trainers should understand that the lack of accessible transportation is considered the single greatest barrier to equal opportunity in employment, recreation and community life for persons with disabilities."

ADA Findings and Purposes

TRAVEL TRAINING CAN PROVIDE A PERSON THE ADVANTAGES OF USING FIXED ROUTE TRANSPORTATION:

Greater independence that can improve quality of life.
Increased flexibility to come and go at will.
Greater freedom in choosing where to live, work or socialize.
Increased social interaction.
Further mainstreaming into society.
Family and friends will not be obliged to provide all transportation services
Self-confidence built through independent living.
Less costly than some other modes of transportation

Adapted from materials in Project ACTION, Consumer Transportation Training Program, San Antonio, Texas, 1991.

Travel Trainer's Trip Planning Sheet (Sample)

Name of travel trainer __________________________ Phone ________________

TODAY'S DATE:

Name of travel trainee ________________________ Phone ________________

Emergency contact for travel trainee ______________ Phone ________________

Information Needed for Travel Training:

WHAT ARE SPECIAL NEEDS OF TRAVEL TRAINEE?

Wheelchair lift ____________________ Slow boarding ______________________

No hill climbing ____________________ Other needs ________________________

WHEN WILL TRAVEL TAKE PLACE?

Date of trip ________________________ Day of week ______________________

Departure time ____________________ Anticipated arrival time ______________

STARTING POINT: City/Neighborhood

Street ____________________________ Cross street/landmark ________________

DESTINATION: City/Neighborhood

Street ____________________________ Cross street/landmark ________________

Trip Information:

HOW WILL YOU GET THERE? Name/s of transit company/ies __________________

Number of transfers, if any __________

VEHICLE 1: Bus number ____________ Departure time ______________________

Board at: Street ____________________ Direction: __________________________

Cross street/landmark __________________________________________________

Schedule information __________________________________________________

GET OFF AT: Street __________________________________________________

Cross street/landmark __________________________________________________

TRANSFER, IF NECESSARY TO:

VEHICLE 2: Bus number ____________ Departure time ______________________

Board at: Street ____________________ Direction: __________________________

Cross street/landmark __________________________________________________

Schedule information __________________________________________________

GET OFF AT: Street __________________________________________________

Cross street/landmark __________________________________________________

Additional Information:

____________________________________________________________________

Adapted from Transfer, Cerenio Management Group, 1992.

4.6 Case Scenarios -- Denials

In the case of a denial, the reasons must specifically relate the evidence in the matter to the eligibility criteria.

ADA Paratransit Eligibility Process (Section 37.125)

The following case scenarios are meant to provide examples of particular ADA paratransit applications where a denial of eligibility may be appropriate.

Mai is a 58-year-old woman who uses a cane because of what she describes as a weak knee. She has been a long time user of public buses for the majority of her transportation needs. Mai responded on the application that she is able to independently get to and from the bus, board and disembark and did not identify any barriers to using fixed route. She listed her health condition as that of having a weak knee -- necessitating the use of a cane. She did not provide a name for professional verification. An in-person interview was conducted with the applicant and it was determined that she was not prevented from using fixed route, even though it might be more difficult because of her weak knee. During the interview Mai did mention that many of her acquaintances (some younger) used the paratransit and this prompted her to apply. A denial letter was issued.

Patrick recently moved to the Bay area and shortly afterwards applied for paratransit service. He identified his health condition as a hearing impairment. When explaining on the application his limitations in using fixed route, he described the anxious feelings he experienced when considering boarding a bus that was full or even near full. A follow-up interview was held with the applicant to clarify the possible inconsistency between the stated disability and limitations.

The applicant did acknowledge in the interview that in the community from which he moved, paratransit service (non-ADA) was given to anyone over 65 who applied. Patrick is 67. The analyst determined that the applicant, based on stated disability, was not prevented from using fixed route although it might be uncomfortable for him to do so.

Rhoda is a 40-year-old applicant who lists her disability as Renal Failure. She uses the bus for her most frequent travel and states that she is able to perform all functions necessary to access the fixed route system. In response to question 14 (Is the public transit you need accessible?), Rhoda replied that the bus she needs to get to dialysis does not run at 5:00 a.m., and she has no way to get the treatment.

The application for paratransit was denied based on information provided on the application. The denial letter to Rhoda stated that under the ADA a person must have a disability that prevents the use of fixed route. The fact that the bus is not running in the early morning hours is not a qualifying factor. (In fact, paratransit is only required to operate the same hours as fixed route.)

Eduardo, a man in his 30s listed his disability as anxiety. On the application form he stated his limitation as being unable to travel in closed spaces (like buses), use elevators or escalators (BART stations) or wait at bus stops when more than a few people were present. Eduardo also noted on the application that his most frequent means of transportation was the fixed-route system and that he had received travel training instruction from counselors in a group home in which he lives. He did not list a mobility aid or the use of a personal care attendant.

Eduardo was contacted for an in-person interview, and a phone contact was made with the clinical psychologist familiar with his impairment and his functional abilities. The person (a relative) completing the form was also contacted for additional information. The relative confirmed that Eduardo uses fixed route on a regular basis (several times a week), even though he is often quite anxious about waiting for the bus and the actual ride.

The ADA screener concluded there was not enough evidence from the applicant, the psychologist or the relative to determine that Eduardo was prevent --ed from using the fixed-route system. Eduardo was issued a denial letter.

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