HomeMy WebLinkAboutCommission On Disability - Minutes - 05/10/2007COMMISSION ON DISABILITY
MEETING MINUTES
Thursday, May 10, 2007
Fort Collins City Hall
Council Information Center
12:15 p.m.
Present: Susan Williams, Tim Effingham, Terry Schlicting,
Guests: Ken Mannon, Bruce Hall, Craig Dubin, Mark Jackson, Geoff Ames, Sarah
Allmon, Mike Devereaux, Steve Frawley, Katherine Johnson, Natalie Brown, Yvonne
Longacre, Joanne Johnsen, Maria Fitzhorn, Ingrid Decker, Nancy York, Jack Ruppert,
Marlys Sittner
City Liaison: Bruce Byrne
Call to Order: Susan Williams, Chairman, called the meeting to order @
12:20 p.m.
2. Approval of Minute: No minutes. No quorum.
Introductions: Introductions were made around the room
4. RECERTIFICATION FORUM
State ADA Representative -Geoff Ames
Presented ADA facts on paratransit recertification & appeals- 20 min.
There was so much information I have merely copied the ADA guidelines from the
ADA Rocky Mtn. Web site. This is all of what Geoff read and said.
He did confirm the procedures Dial -A -Ride has taken is ADA acceptable.
1. Who qualifies for paratransit services?
Paratransit eligibility is not simply a matter of whether or not a person has a disability,
but instead relates to whether or not an individual can use the transportation entity's
fixed route system. Thus, eligibility is a functional determination of a person's ability to
use the regular transit system as it currently exists, and not simply a medical or
psychiatric diagnosis. An individual must fit into one of the three ADA paratransit
eligibility categories. (§37.123)
2. What are the three categories of ADA paratransit eligibility?
Category 1: This category includes individuals who are unable, due to a physical or
mental impairment, to board, ride or disembark independently from any readily
accessible vehicle on the regular fixed route system. Among others, this category
includes persons with mental or visual impairments who, as a result of their disability,
cannot navigate the system. This means that, if an individual needs an attendant to
board, ride, or disembark from an accessible fixed route vehicle (including navigating the
system), the individual is eligible for paratransit.
Category 2: Also eligible are those persons with a physical or mental impairment who
could use accessible fixed route transportation, but the accessible fixed route
transportation is not available at that time on that route (e.g., the accessible vehicle is
down for maintenance, the lift cannot be deployed, etc.). This second eligibility category
is the broadest, with respect to persons with mobility impairments, but its impact should
be reduced over time as transit systems become more accessible.
Category 3: Any individual with a disability who has a specific impairment -related
condition which prevents that person from traveling to a boarding location or from a
disembarking location on the system is also eligible. In this case, the impairment must
prevent travel to or from a stop; significant inconvenience or difficulty does not form a
basis for eligibility under this section. Further, barriers not under control of the public
entity providing the fixed route service (such as weather) do not by themselves form a
basis for eligibility under this section. The regulation makes the interaction between an
impairment -related condition and the environmental barrier (whether distance, weather,
terrain, or architectural barriers) the key to eligibility determinations. This is an individual
determination. Depending on the specifics of an individual's impairment -related
condition, one person may be able to get from his home to a bus stop under a given set
of conditions, while the next -door neighbor may not. (§37.123)
3. Can an individual be eligible for some paratransit trips, but not others?
Yes. An individual's inability to use the fixed route system may change with differing
circumstances. In many cases, it is possible that a person will be eligible for some trips
but not others. For instance, some routes may have accessible vehicles and some may
not. However, as opposed to trying to establish eligibility on a trip -by -trip basis, it may
often be possible to establish individual conditions on eligibility as part of the initial
eligibility determination process. (See Question #18.) (§37.123)
Eligibility Process
11. How is paratransit eligibility determined?
Each entity required to provide complementary paratransit service is required to
establish a process for determining ADA paratransit eligibility. The goal of this process is
to ensure that only people who meet the regulatory criteria, strictly applied, are regarded
as eligible. (§37.125)
12. Why must an eligibility process be established?
Transit entities are free to provide service to other persons, but the eligibility process
should clearly distinguish those persons who are ADA eligible from those who are
provided service on other grounds. This is important because only individuals who are
actually paratransit eligible have rights to the paratransit services as required by the
regulations. (§37.125)
Eligibility Process
11. How is paratransit eligibility determined?
Each entity required to provide complementary paratransit service is required to
establish a process for determining ADA paratransit eligibility. The goal of this process is
to ensure that only people who meet the regulatory criteria, strictly applied, are regarded
as eligible. (§37.125)
12. Why must an eligibility process be established?
Transit entities are free to provide service to other persons, but the eligibility process
should clearly distinguish those persons who are ADA eligible from those who are
provided service on other grounds. This is important because only individuals who are
actually paratransit eligible have rights to the paratransit services as required by the
regulations. (§37.125)
16. How long does a transportation entity have to determine an individual's
eligibility?
If the transportation entity has not made a determination of eligibility within 21 days, the
applicant must be treated as eligible and provided service until and unless the
transportation entity denies the application. (§37.125)
17. How must a transportation entity notify a person when he or she is approved
for paratransit eligibility?
The public transportation entity must provide documentation to each eligible individual
stating that he or she is ADA paratransit eligible. The documentation must include:
• the individual's name
• the name of the transit entity
• the telephone number of the entity's paratransit coordinator
• an expiration date for eligibility
• any conditions or limitations on the individual's eligibility, including the use of a personal
care attendant.
The last point refers to the situation in which a person is eligible for some trips but not
others, or K the traveler is authorized to have a personal care attendant ride free of
charge. For example, the documentation may say that the individual is eligible only when
the temperature falls below a certain point, or when the individual is going to a
destination not on an accessible bus route, or for non -work trips, etc.
All eligibility determinations must be provided in writing. In the case of a denial, the
reasons must be specified and they must relate to the evidence in the matter; a simple
statement that the applicant can use fixed route transit is not sufficient. (§37.125) (See
the Appeals Process section below.)
18. What is a doctor's role in the paratransit eligibility process?
A doctor's note alone does not determine eligibility. The eligibility determination process
may include functional criteria related to the eligibility standards (such as inability to use
the fixed route system) and, where appropriate, functional evaluation or testing of
applicants. While evaluation by a physician or other professional may be used as part of
the process, his or her diagnosis does not automatically qualify an individual as
paratransit eligible; the determination relies on whether an individual can use the fixed
route system in his or her own circumstances. It is primarily a transportation decision,
not a medical decision. (§37.125)
19. Is periodic recertification of eligibility allowed?
Recertification of ADA paratransit-eligible individuals at reasonable intervals is
permissible. For example, reasonable interval for recertification may be between one
and three years. Less than one year would probably be too burdensome for consumers;
over three years would begin to lose the point of having recertification. The
recertification interval should be stated in the entity s plan. Of course, a user of the
service can apply to modify conditions on his or her eligibility at any time. (§37.125)
Peratransit Eligibility Appeals Process
20. What can an individual do if his or her application is denied?
The applicant may appeal the decision. Each entity required to provide complementary
paratransit service is also required to establish an administrative appeals process
through which individuals who are denied eligibility can obtain review of the denial. An
opportunity for the applicant to be heard in person and to present information must be
provided as part of the appeals process. (§37.125)
21. How long does an individual have to file an appeal?
The transportation entity may require that an appeal be filed within 60 days of the denial
of an individual's initial application. (§37.125)
22. Who should be Involved in reviewing the appeal?
In order to have appropriate separation of functions, the person who made the decision
on the initial application must not be the person who makes the decision on the appeal.
Further, to the extent practicable, that person should not even be involved in the appeals
decision. (§37.125)
23. How much time does the transportation entity have to review the appeal?
If a decision has not been made 30 days following the completion of the appeals
process, the transportation entity must begin providing paratransit service to the
individual. The transportation entity is not required, however, to provide paratransit
service to the individual during the 30-day time period allowed for review of the appeal.
(§37.125)
Dial -A -Ride Manager -Marlys Sittner
Presented DAR's recertification & appeals-20 min.
CODPresentationMay2OO7draftl.ppt (1.56 MB)
5. Open Discussion-60 min.
There were many questions & comments
6. New Business
NONE
7. Adjourn: Susan Williams adjourned the meeting @ 2::00
Respectfully Submitted,
Susan Wh7liams
Approved 9/13/07