Slide 1

FTA ADA Guidance:
Improving Compliance and Accessibility
Mid-Atlantic ADA Update 2016, Baltimore, MD
Alana Kuhn
Equal Opportunity Specialist
FTA Office of Civil Rights
September 14, 2016

Slide 2

Agenda

·  Background

·  Circular overview

·  In focus: local complaint process

·  Other hot topics

·  Questions

[image: Mid-Atlantic ADA Update 2016 logo]

Slide 3

Agenda

·  Background

·  Circular overview

·  In focus: local complaint process

·  Other hot topics

·  Questions

[image: Historic streetcar from San Francisco]

[image: MVTA Cedar Grove Transit Station]

Slide 4

Background

·  FTA enforces the DOT ADA regulations that apply to public transit

·  The FTA Office of Civil Rights

o  Enforces those regulations through complaints and compliances efforts

o  Provides technical assistance to FTA grantees

·  ADA Circular as technical assistance

[image: U.S. DOT logo]

Slide 5

Why an ADA Circular Now?

·  Nov. 2010, top-to-bottom review of civil rights

o  Taskforce led by then Deputy Administrator McMillan

o  Analyzed ADA compliance data

§  Triennial Reviews

§  State Management Reviews

§  Specialized Reviews

o  ADA compliance deficiencies were #2 across all grantees (after procurement)

·  Taskforce recommended ADA Circular

[image: Magnifying glasses over document showing the word "accountability"]

Slide 6

About the Circular

·  Provides one-stop shopping

·  Covers 49 CFR 27, 37, 38, 39, and Facility Standards

·  Contains no new requirements

·  Helps avoid oversight findings

[image: Cover page of FTA ADA Circular, showing DOT, FTA, and Circular number 4710.1]

Slide 7

Agenda

·  Background

·  Circular overview

·  In focus: local complaint process

·  Other hot topics

·  Questions

[image: Driver assisting man with service dog to vehicle]

[image: New, red, low-floor bus from Circulator service in D.C., with international symbol for accessibility on outside of vehicle.]

Slide 8

The 12 Chapters of the ADA Circular

Chapter 1: Introduction and Applicability

Chapter 2: General Requirements

Chapter 3: Transportation Facilities

Chapter 4: Vehicle Acquisition and Specifications

Chapter 5: Equivalent Facilitation

Chapter 6: Fixed Route Service

Chapter 7: Demand Responsive Service

Chapter 8: Complementary Paratransit Service

Chapter 9: ADA Paratransit Eligibility

Chapter 10: Passenger Vessels

Chapter 11: Other Modes

Chapter 12: Oversight, Complaints, and Mentoring

Slide 9

What the ADA Circular Does

·  Reader friendly, plain English explanation of the DOT ADA requirements

·  Detailed headings and subheadings for easier navigation

·  Pictures, figures, and
tables

·  Sample forms, letters,
and policies

[image: Clip of dictionary definition of "communicate"]

Slide 10

Reader Friendly Format: Topical Arrangement

·  Service animals

[image: Service dog]

[image: Figure showing 3 spheres representing different sources funneling down to a single section in the Circular, meant to convey the one-stop-shopping design of the Circular.]

Slide 11

Reader Friendly Format: Tools

·  Checklists

o  Facilities

o  Bus/Van

o  Stop Announcements/
Route ID

·  Sample letters

o  Paratransit eligibility and denial letters

·  Sample forms

o  Complaint form

·  Sample policies

o  Paratransit no-show suspensions

[image: Spiral notebook titled "checklist" and pencil resting on it.]

Slide 12

How to Use the Circular

·  Reference

o  Explain a topic

o  Sample materials and examples

o  More clarity on a hard-to-understand regulation or policy

·  Not as cited requirement

o  Cite the regulation

o  Good practices are optional

·  Triennial Review example

[image: Man with walker outside bus with ramp deployed]

Slide 13

Agenda

Background

Circular overview

In focus: local complaint process

Other hot topics

Questions

Slide 14

In Focus: Local Complaint Process

·  In 2015, revisions to local complaint process requirement

·  Agencies required to:

o  Designate an employee to coordinate compliance of Parts 27 & 37

o  Have procedures in place specifically to address complaints alleging ADA violations

[image: Clipping of DOT's final rule on reasonable modification, issued in March 2015 and effective July 13, 2015]

Slide 15

In Focus: Local Complaint Process

·  Agencies must now resolve complaints with appropriate due process standards:

o  Process sufficiently advertised to public

o  Process accessible to and usable by individuals with disabilities

o  Response promptly communicated to complainant

[image: Keyboard with red button stating "complaints"]

Slide 16

In Focus: Local Complaint Process

·  Complaint process must be sufficiently advertised to the public

o  Agency website

o  Contact information

[image: Agency website with complaint form highlighted]

Slide 17

In Focus: Local Complaint Process

·  Complaint process must be accessible to and usable by individuals with disabilities

o  Accessible formats

o  Accessible websites

o  Alternatives to audio
communications

[image: Keyboard with blue "accessibility" key]

Slide 18

In Focus: Local Complaint Process

·  Agency must promptly communicate response to complainant

o  Local decision as to method

§  Electronic, hardcopy,
in-person, telephone

o  Include reasons

·  Documentation and recordkeeping

[image: Clear blue file folders with digital text in them]

Slide 19

In Focus: Local Complaint Process

·  ADA complaint process can be integrated with other complaint processes

o  Title VI

o  General complaint

·  But ADA must be categorized distinctly

[image: Clipping of civil rights complaint form showing "disability" as a category, in addition to "race/color/national origin"; "not applicable"; and "other (specify)"]

Slide 20

In Focus: Local Complaint Process

·  Distinction between complaints

o  DOT ADA requirements vs. disability-related

·  Typical complaint process:

[image: Smart art showing process flow – Collect information -> Investigate complaint -> Communicate response]

Slide 21

Agenda

·  Background

·  Circular overview

·  In focus: local complaint process

·  Other hot topics

·  Questions

[image: Rail car interior with signage and clear space]

[image: Agency staff assisting rider using white cane]

Slide 22

Hot Topic: Ch. 2 (General Requirements)

Crosscutting chapter

·  Nondiscrimination

·  Wheelchairs and lifts

·  Accessible information

·  Personnel training

[image: Yellow, green, and red highlighters]

Slide 23

Hot Topic: Ch. 2 (General Requirements)

·  Service denials due to conduct that is:

o  violent, seriously disruptive or illegal

o  a direct threat to others

·  Due process

·  No permanent bans unless direct threat remains

[image: Distressed woman sitting at bus stop, with hands to her face]

Slide 24

Hot Topic: Ch. 2 (General Requirements)

·  Reasonable modification of policy

o  Examples

o  Exceptions

o  Local process requirements

·  Training staff to proficiency

·  Service animals

[image: Construction around a bus stop]

[image: Woman exiting rail car with service dog]

Slide 25

Hot Topic: Ch. 3 (Transportation Facilities)

·  Platform-Vehicle Coordination

·  Facility alteration

o  If it affects usability, then it must be made accessible to the maximum extent feasible

[image: Closeup of powered wheelchair entering rail car from platform]

[image: Man in hardhat crouched down working on platform]

Slide 26

Hot Topic: Ch. 4 (Vehicle Acquisition)

·  Between-car barriers

[image: Between car barrier examples, both on vehicle and on platform]

Slide 27

Hot Topic: Ch. 6 (Fixed Route Service)

·  Alternative transportation

o  When headway more than 30 minutes

·  Priority seating and securement areas

·  Stop announcements and route identification

o  Sample checklists

[image: Operator assisting passenger with wheelchair securement]

[image: Operator providing information to passengers]

Slide 28

Hot Topic: Ch. 7 (Demand Responsive Service)

·  Equivalent service and mixed fleets

[image: Two demand responsive vehicles next to four minivans]

·  Route deviation service

o  3 service delivery options

[image: Demand responsive vehicle parked]

Slide 29

Hot Topic: Ch. 8 (Complementary Paratransit Service)

·  Origin-to-destination

o  Definition added

·  Transfers

·  Capacity constraints

[image: Paratransit operator and rider with white cane standing outside paratransit vehicle]

[image: Workers at call center working to schedule to avoid capacity constraints]

Slide 30

Hot Topic: Ch. 9 (ADA Paratransit Eligibility)

·  No-Show policies

o  Frequency of no-shows

o  Due Process

o  Length of suspensions

[image: Paratransit vehicle parked on the street]

Slide 31

·  Agenda

·  Background

·  Circular overview

·  In focus: local complaint process

·  Other hot topics

·  Questions

Slide 32

www.transit.dot.gov

Civil Rights Training Page

Contact Us Tool

[Four images: articulated bus, transit station exterior, light vehicle and platform, and transit station interior.]