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All elements of the eligibility program shall be developed with the participation of the disabled community.
1. The fixed-route operator is responsible for determining ADA paratransit eligibility, either directly or through a contractual agreement (e.g., broker).
2. The criteria and certification process used for determining ADA paratransit eligibility, a policy for visitors, and an appeals process shall be consistently applied region-wide.
4. A tiered approach will be used in determining eligibility, beginning with the applicant's self-assessment of his/her disability. Functional or medical verification of an applicant's disability may be required.
4. Some persons will be ADA eligible for some trips and not for others. The system must be able to ascertain trip-by-trip eligibility.
5. In order to maximize use of fixed-route services by disabled persons, travel training will be a component of an operator's paratransit eligibility program.
6. Current users of paratransit will not be automatically assumed ADA para-transit eligible.
7. The appeals process will consist of a tiered approach, including agency, committee, and/or peer review.
8. Operators are required only to serve ADA eligible persons and ADA eligible trips.
9. There will be a regional ID card and centralized database.
10. The eligibility criteria are subject to change based upon possible revisions to the Department of Transportation's Final Rule, and upon evaluation of actual service delivery.

NOTE: All the regional eligibility materials in Appendix C have been adopted by the 21 transit operators in the San Francisco Bay Area.

ADA Paratransit Eligibility Criteria

Category 1 (Individual's Inability to use System)

Any individual with a disability who is unable, as a result of a physical or mental impairment (including a vision impairment), and without the assistance of another individual (except the operator of a wheelchair lift or other boarding assistance device), to board, ride, or disembark from any vehicle on the system which is readily accessible to and usable by individuals with disabilities.

For example, individual is unable to:

wait, either standing or seated, more than 15 minutes
get on or off a lift (or ramp) equipped vehicle without assistance (except for the lift operator's assistance)
grasp handles or railings, coins or tickets
maintain balance while seated on a moving vehicle
identify correct bus, train, or stop
understand transit directions needed to complete the trip

Category 2 (Inaccessibility of System)

Any individual with a disability who needs the assistance of a wheelchair lift or other boarding assistance device and is able, with such assistance, to board, ride and disembark from any accessible vehicle, but cannot do so when the portion of the system the individual wishes to use is not fully accessible.

For example, the system is not accessible when:

A lift cannot be deployed at the boarding or disembarking location the individual wishes to use
a "common" wheelchair cannot be accommodated on the vehicle*
there is not at least one accessible car per train
key rail stations the individual wishes to use are not accessible
vehicles on the route the individual wishes to use are not accessible

*"Wheelchair" means a mobility aid belonging to any class of three or four-wheeled devices, usable indoors, designed for and used by individuals with mobility impairments, whether operated manually or powered. A "common wheelchair" is such a device which does not exceed 30 inches in width and 48 inches in length measured two inches above the ground, and does not weigh more than 600 pounds when occupied.

Category 3 (Individual's Inability to get to System)

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 on such system.

For example, eligibility under Category 3 may be conferred under the following circumstances:

the individual's mobility impairment prevents traversing particular terrain necessary to access desired fixed-route service
weather conditions interact with an impairment-related condition to prevent necessary travel
variations in the health/functional ability of the individual
individual's mobility impairment prevents travel beyond a certain distance, and the particular station or stop is beyond that threshold
visual, cognitive, or developmental impairment prevents travel to or from a station or stop for exceptional (non-routine) trips

Certification Process

Every person wishing to be certified ADA Paratransit Eligible must follow the following process.

All information, including the application form and other eligibility materials, will be made available on cassette tape, large print, diskette, or other accessible formats as requested.

The goal of this certification process is to determine eligibility for most applicants at the first level of review.

First Level

1. Application Submitted

Applicant submits application form (the same form is used throughout the region) which emphasizes self-assessment of disability and whether disability prevents use of fixed-route transit.
Applicant submits application to the transit operator they expect will most regularly provide them with service.
If necessary, the application will be forwarded to the transit "home" operator serving the area in which the applicant lives.
Screener reviews application for completeness; if the application is incomplete or requires further clarification, the person is contacted and requested to provide the necessary information.

2. Application Reviewed

Screener will review completed application to determine whether the applicant is unable to use fixed-route transit, as defined by the region-wide functional criteria.
Screener may decide, if necessary, to interview the applicant, either by telephone or in person.
Screener may decide, if necessary, to obtain documentation for a licensed third-party professional familiar with applicant's situation.
21-day time limit for operator to make a determination of eligibility starts upon receipt of completed application form and any supplemental information needed to complete the screening.

3. Decision on Eligibility Made

Screener will determine:
- the applicant is eligible; or
- the applicant is ineligible; or
- further assessment is needed.
If eligible, the applicant's personal information, terms of eligibility, and end date for eligibility (if applicable) are entered into the database.
Written notification of eligibility (ID card or letter) issued. The documentation of eligibility will indicate the name of the eligible person, the name of the transit provider, the telephone number of the paratransit provider, expiration date of eligibility (if applicable) and any conditions or limitations, including the use of a personal care attendant.
Applicants denied eligibility entered into database.
Screener will determine whether referral for travel training would be appropriate.

Second Level

This level of certification will be required only for those persons whose eligibility cannot be determined at the first level.

4. Physical and/or Cognitive Assessment

First level screener may refer an applicant for physical and/or cognitive functional testing to further assess whether or not the applicant's disability prevents use of fixed-route transit or travel to the bus stop or rail station. (The tools and methodology for conducting the proposed assessments are currently being developed.)

5. Decision on Eligibility Made

Level two screener will forward results of the evaluation to the fixed-route transit operator for making the eligibility determination. The transit operator will determine that:
- the applicant is eligible;
- the applicant is ineligible.

The region's operators fully intend to make a determination of eligibility from the time a complete application is received as expediently as possible, but not to exceed 21 days. If a decision of determination exceeds 21 days, the applicant will be presumptively eligible until the decision is made.

Third Level

6. Appeals Process

An applicant who is denied eligibility has the right to appeal the decision within 60 days. See guidelines for the appeals process.

Database

In order for multiple transit operators to verify eligibility and any conditions for service which may apply, a regional database will accommodate registration, and also those who are denied. Standards for insuring registrant's confidentiality will be strictly maintained.

Appeals Process

1. Applicant will be provided reasons for denial of eligibility in writing (or in a format accessible to the applicant).
2. Applicant has 60 days from the date of written denial to apply for an appeal.
3. The applicant has the right to have their case heard in person and to bring an advocate or personal representative to the hearing scheduled by the transit operator.
4. The transit entity will make a decision on the appeal as soon as possible. The decision cannot exceed 30 days or the applicant can receive the service on the 31st day until the decision is made.
5. Each fixed-route operator is responsible for establishing local appeals procedures. The operator:

will establish an appeals panel or board
may coordinate with other operators to establish a joint process.
The appeals panels or boards will be comprised to ensure an impartial review takes place. It shall:
consist of at least three persons;
consist of at least one "peer," one person with applicable professional experience (e.g., to determine individual's ability to use fixed-route service) and one representative from the transit operator who was not involved in the original eligibility decision;
in a joint process, include a representative from each participating transit operator.

6. The decision of the appeals panel will be provided in writing and will be final. Applicants may re-initiate the paratransit eligibility process, beginning again at level one, at any time that there is a change in their functional ability to use fixed-route services.
7. 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.

Visitor Policy

1. Paratransit service will be provided to persons with transportation disabilities who are visiting from outside the region.
2. To be certified for visitor eligibility, visitors may contact the operator with whom they want their first trip by telephone (or TDD), fax, or letter either before or upon arriving in the region.
3. Visitors will be asked to show or send in a copy of one of the following items as proof of eligibility:
a) an ADA eligibility card or letter from another region; or
b) proof of address and documentation of transportation disability (if it is not readily apparent), or;
c) proof of address and a completed Bay Area regional eligibility form.
4. All visitors will be required to provide a minimum amount of information on the regional eligibility application form so they can be entered into the regional database. Visitors will be assigned a visitor's ID number and entered into the regional database. Their record will remain in the database for one year.
5. The public transit operator will schedule and provide service to the visitor in response to a request made in accordance with local operator reservation policies.
6. Visitors are eligible for service for any combination of 21 days during any 365-day period beginning with the visitor's first use of service.
7. Visitors returning to the region whose eligibility has expired must reapply for visitor status for paratransit eligibility. Visitors needing more than 21 days service within one year will be asked to apply for the regional ADA paratransit program.
8. Visitors will be encouraged to use fixed route services for all trips possible.

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