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.]