.png)
Handicapped Discrimination in Paratransit
Paratransit is a transport service that is available to people with disabilities. If you cannot access public transport services, you can ask for your local transport service to provide you with these special services for the disabled.
These services are required, by law, to be provided within ¾ of a mile from a railway station or a bus route.
It should work in parallel with regular transit hours in terms of timing. Even if you get charged more for these services, the fare cannot exceed double the usual amounts.
Medical content reviewed by Dr Eric Jackson-Scott MD, Chief Medical Officer
Eligibility for Paratransit Services
You are eligible for paratransit services if your disability does not allow you to use public transit services. There are several factors that agencies in charge of transit will consider to qualify your application. These include:-
- Ability to get to and from the transit stop by wheeling yourself or walking.
- Are you able to get into and out of the station?
- Can you signal for a stop when you need transport services?
- Are you capable of handling any unexpected scenarios that arise?
If you meet all these conditions, then you are free to apply for paratransit services. The application process is simple and takes a short time to get processed. You can find more information at https://dredf.org/ADAtg/elig.shtml#appendix1
Requesting Service
To access a paratransit service, you are required to get in touch with your local transit agency. The review process will vary depending on the agency, and the requirements might also be different.
Usually, the application process comes in a website form where you need to fill in your information and submit it.
Alternatively, you can write and submit a letter to the transit agency. The request should be completely free, and you should not get charged to request paratransit services.
You might also need a letter from a doctor to support your application. In other cases, you may also be required to attend an in-person interview so that your eligibility can be determined after an assessment.
Typically, applications take about 21 days to be approved or denied. If you are denied, the agency should give you a good reason for turning down the application. In the event of an approval, you will be given a written notice by the transit agency with:-
- Your name
- The transit provider’s name
- The paratransit coordinator’s contact information
- The expiration date for your approval. Usually, this is between one and three years, but you can always apply to extend your services after the expiration.
- Limitations and conditions for your eligibility. For instance, you might be limited in terms of the routes that you can access using paratransit services.
Scheduling Services
After your application has been approved, you can start preparing a schedule of trips using the scheduling process at the transit agency. Usually, most transit agencies offer next-day services, and they are expected to pick you within an hour of the scheduled time.
It would help if you also were allowed to travel with a personal attendant to assist you with tasks at your destination and while in transit. Your attendant should not be charged a fare and if you feel that you need one, ensure that you include this information in your application.
Additionally, the transit agency must also allow you to travel with at least one companion. This person will keep you company while you travel, and they can be charged a fare. However, the fare charged must never be more than double the usual fare.
Denial or Loss of Service
In case of a denial, you have the right to file an appeal. The appeal should be made within 60 days of the denial and can be made either in writing or in person. After you have filed the appeal, the travel agency will have 30 days to respond.
The response should always be made in writing, and if they are unable to respond in time, they will be expected to provide you with paratransit services until it denies your appeal.
Some of the scenarios where your services can be suspended or stopped by the transit agency include:-
- If you engage in illegal conduct
- If you behave violently or disrupt the peace
- If you have been missing out on your scheduled trips. Repeated action is what will be considered as a pattern of missing trips and not one-time incidents.
If the transit agency intends to suspend or stop services, they should inform you in writing. This will include the reason for the suspension and the services that will be suspended.
In case you are being suspended, the letter will consist of the date of resumption. Most of the time, you have a chance to appeal a suspension, and during this time, services will continue.
Typically, the transit agency will also require re-certification of your paratransit eligibility, and if you are deemed no longer eligible, you may lose privileges to these services.
You can find more information at https://dredf.org/news/publications/ada-paratransit-eligibility/
Administrative Complaints
The FTA Office of Civil rights is responsible for overseeing regulations to do with federal paratransit. In case you believe that your transit agency has not been adhering to these regulations and you have been denied services improperly, you can file a complaint with the FTA.
The Federal Transit Authority will look into your complaints and identify all ADA violations that the transit agency may have done. They will then inform your transit agency about the violations and give them a deadline within which they should have addressed the reason behind your complaint.
State civil rights laws are usually enforced by the Department of Fair Employment and Housing. Any ADA violation also violates state law.
If a transit agency has discriminated against you, you can file a complaint with the DFEH. This should be done within a year of the conduct that was deemed to be discriminatory.
With this in place, any discrimination done on you by a transit agency will be handled. If the discrimination had led to a suspension of services, you would be allowed to access these services, and the transit agency will be obligated to continue providing you paratransit services without any conditions.
The complaint form can be found at https://www.transit.dot.gov/regulations-and-guidance/civil-rights-complaint-form
