If a customer who is eligible for ADA complementary paratransit indicated when he submitted this application that he would be traveling with a personal care attendant, can the transit authority deny trips when he is not traveling with an attendant?
No. In determining if paratransit eligible individuals require attendant services, it is important to realize that the need for an attendant is not necessarily related to travel on paratransit service. A customer with a disability may need assistance with other activities of daily living and be capable of traveling on paratransit service with the assistance provided by transit personnel. The need for attendant services can be intermittent or occasional and still be considered “regularly” needed. “Regular” use should be interpreted to be consistent with the underlying need - for example, a person who is blind using a personal care attendant for shopping. It is also important to note that once a person has been certified as needing to travel with a personal care attendant, it should be the eligible individual, not the transit agency that determines if an attendant is needed for a particular trip.
This information is excerpted the ESPA publication Determining ADA Paratransit Eligibility: An Approach Guidance and Training Materials," developed by TranSystems, Inc., and ACCESS Transportation Systems, Inc.
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