The application process includes an application to be completed by, or on behalf of the applicant, and a Medical/ Professional Verification Form.

Upon review of the completed application, DART may contact individuals for an in-person interview if it is determined that fixed route may be an option or a determination cannot be made based upon information provided. If needed, transportation to the required interview will be provided by DART at no cost to the applicant.

ADA Eligibility as Defined in the Regulations

Eligibility for complementary paratransit service is directly related to the inability of a person with a disability to use the existing fixed route service.

• A person's inability to use the fixed route service could be related to the fact that the system has not yet been made fully accessible.
• It could also result from the nature of a person's disability.
• The person may not be able, due to their disability, to get to or from the system or to board, ride, and disembark from the vehicles even if they are fully accessible.

1. An individual is considered ADA paratransit eligible if there are any circumstances under which the fixed route system cannot be used.
2. The extent of eligibility is conferred on an individual depends on the conditions and circumstances under which they are not able to travel on the fixed route service.

Persons who can use fixed route service in certain circumstances are conditionally eligible and the limitations on their eligibility should be determined.

ADA regulations describe three specific circumstances under which a person would be considered ADA paratransit eligible. Within the transit industry, these have been referred to as the three "categories" of eligibility.

Category 1 Eligibility

The first category of eligibility includes those persons unable to use fully accessible fixed route services. Included in this category is:

"Any individual with a disability who is unable, as the result of a physical or mental impairment (including a vision impairment), and without the assistance of another individual (except the operator of a wheelchair lift or other boarding assistance device), to board, ride, or disembark from any vehicle on the system which is readily accessible to and usable by individuals with disabilities." [37.123(e)(1)]

Examples of eligibility under this category would include:

• A person with a mental disability who cannot "navigate the system". Navigating the system might involve obtaining and understanding system information, recognizing and boarding the correct vehicle, having available the correct fare and/or using the fare collection system, recognizing destinations, and understanding transfers that might have to be made.
• A person with a vision impairment who cannot "navigate the system". Entering and traveling through a busy station or transit center may not be possible. Recognizing and boarding the correct vehicle, and recognizing the appropriate destination - even though announcements are made - are also considerations.
• A person with a physical disability who cannot stand on a crowded bus when seats, including priority seats, may not be available.
• A person with a physical disability who uses a wheelchair and who cannot get on or off the lift or to or from the wheelchair securement area without assistance.

Other key issues and questions associated with this category of eligibility:

Travel Training: Many persons who cannot negotiate the entire fixed route system can be travel trained for certain trips. Typically, training is provided for trips that the person makes frequently, such as to work or school. These individuals would only be ADA paratransit eligible for trips they have not been trained to make. As part of the application and determination process, it should be determined if such training has been provided.

Operator Assistance: Eligibility under this category is not necessarily based on a person's ability to get on and off the lift, up and down a ramp, to and from the securement area, or secure their mobility device. While the regulation states that a person is eligible for paratransit service if they cannot independently use the fixed route system, operator assistance is assumed. Section 37.165(f) of the regulations states that "the drivers or other personnel must provide assistance with the use of lifts, ramps, and securement devices." Beyond this level of required assistance, however, public entities may choose to offer additional assistance, such as assistance getting to and from the securement area, in order to enable persons to utilize the fixed route service. If the individual is able to use the fixed route system with this assistance, complementary paratransit service does not have to be provided.

Assistance of another person: With the exception of assistance provided by the driver or other employees of the service, eligibility under this category is based on a person's ability to independently use the service. A person traveling with a friend or attendant is still eligible for paratransit service even if they would be able to use the fixed route system with this other person's help.

Accommodating mobility aids: The regulations set standards for vehicle and stop accessibility. To be considered accessible, equipment and facilities must be able to accommodate mobility aids of a certain size and persons and mobility aids up to a certain weight. The regulations define a "common wheelchair" as a "wheelchair" which does not exceed 30 inches in width and 48 inches in length (measured two inches above the ground) and which does not weight more than 600 pounds when occupied. A "wheelchair" is defined as any mobility aid belonging to any class of three or four-wheeled devices, usable indoors, designed for and use by individuals with mobility impairments, whether operated manually or powered.

All common wheelchairs and their users are to be accommodated on accessible fixed route and complementary paratransit systems. The regulations do not, however, require public entities to provide service to persons using mobility aids that are not "common wheelchairs". An individual would not be eligible for paratransit service under category 1 if they could not use an accessible bus because their mobility aid is too large or too heavy for the lift.

Standees on lifts: The regulations require public entities to allow persons with ambulatory disabilities who do not use wheelchairs (e.g., person who use leg braces and canes) to enter the vehicle by standing on the lift. Therefore, individuals who cannot climb the steps to get into a bus would not be eligible for paratransit service if they could enter the vehicle using the lift.

Category 2 Eligibility

The second category of eligibility includes:

"Any individual with a disability who needs the assistance of a wheelchair lift or other boarding assistance device and is able, with such assistance, to board, ride, and disembark from any vehicle which is readily accessible to and usable by individuals with disabilities if the individual wants to travel on a route of the system during the hours of operation of the system at a time, or within a reasonable period of such time, when such a vehicle is not being used to provide designated public transportation on the route." [37.123(e)(2)]

The majority of persons eligible under this category would be those with ambulatory disabilities who could not enter an inaccessible facility or would need to travel on a vehicle with a lift or ramp and other accessibility features. This would include persons who use wheelchairs as well as persons who use other mobility aids such as walkers, leg braces, or canes.

Eligibility under this category depends on the accessibility of vehicles and stops. A person is eligible for paratransit service if the fixed route on which they want to travel is not yet accessible. Guidance on exactly what constitutes "accessible" fixed route is provided in the regulations and explanatory appendix. For example:

• A person is eligible if the bus route on which they want to travel is not 100 percent accessible. The requested trip would be eligible if the fixed route that would otherwise be used is only partially accessible (e.g., every other bus is accessible).
• An individual is eligible for paratransit if a vehicle's lift or boarding device cannot be deployed at the stop which they want to use.

Category 3 Eligibility

The third category of eligibility includes:

"Any individual with a disability who has a specific impairment-related condition which prevents such individual from traveling to a boarding location or from a disembarking location on such system." [37.123(e)(3)]

Environmental conditions and architectural barriers are not always under the control of DART, and when considered alone, do not confer eligibility. If, however, travel to or from a boarding location is prevented when these factors are combined with the person's specific impairment-related condition, paratransit service must be provided.

Examples of architectural and environmental factors that, in combination with certain disabilities, could prevent travel include:

• a lack of curb-cuts
• the distance from the stop to the trip origin or destination
• steep terrain
• snow and/orice
• extremes in temperature (hot/cold)
• major intersections or other difficult to negotiate architectural barriers
• temporary construction projects
• severe air pollution

Considerable judgement is required to determine if travel is truly prevented as well as the relationship between environmental conditions and an individual's disability.

Temporary Disabilities

Persons with temporary disabilities are to be considered for ADA paratransit eligibility under the following circumstances:

• someone with a medical condition such as a broken leg who temporarily is unable to use the fixed route service;
• someone who has recently undergone an operation or other medical treatment and who is unable to use the fixed route service; or
• someone with a cognitive disability that can be expected to be resolved over time through treatment or medication.