Paratransit

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#7143.01

Paratransit

Paratransit is a transportation service for people who cannot use public transportation services because of their disability. The Americans with Disabilities Act (ADA) requires local governments that provide fixed route service (like a city bus) to also provide paratransit services so that people with disabilities have equal access to transportation.

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Disclaimer: This publication is legal information only and is not legal advice about your individual situation. It is current as of the date posted. We try to update our materials regularly. However, laws are regularly changing. If you want to make sure the law has not changed, contact DRC or another legal office.

Paratransit is a transportation service for people who cannot use public transportation services because of their disability. The Americans with Disabilities Act (ADA) requires local governments that provide fixed route service (like a city bus) to also provide paratransit services so that people with disabilities have equal access to transportation. This fact sheet is a basic introduction to paratransit. For more detailed information about paratransit services, see the Disability Rights Education and Defense Fund’s ADA Transportation Topic Guides.

A transit agency must provide paratransit service within 3/4 of a mile of a bus route or rail station. This service must be available on the same days and at the same hours as regular transit services. You may be charged an increased fare for paratransit services, but this fare cannot be more than double the regular fare.

Eligibility for Paratransit Services

You are eligible for paratransit service if you are unable to use public transit because of your disability. To determine whether you can use public transportation, transit agencies consider a number of factors. These factors include the ability to walk or wheel to and from the transit stop, ability to enter and exit the station, ability to signal for stop, and ability to handle unexpected situations.

Requesting Service

Contact your local transit agency to request access to your local paratransit service. Each agency is responsible for creating its own review process, so requirements may vary among transit agencies. Most transit agencies will have a website with an application form you can complete and submit online. You can also submit a letter to that agency requesting service. A sample letter is included at the end of this fact sheet. A transit agency should not charge you for requesting paratransit services.

The transit agency may ask you to support your request for paratransit services with a letter from your doctor or other health care professional. The agency may also ask you to attend an in-person interview or assessment to determine if you are eligible.

The transit agency must respond to your application within 21 days. If the agency does not respond in time, it must begin paratransit services. Services may stop if your application is ultimately denied. A paratransit agency must provide you with specific reasons for denying your application.

If your application is approved, the transit agency should give you written notice that includes at least the following:

  • your name;
  • the name of the transit provider;
  • the telephone number for the paratransit coordinator;
  • the expiration date for eligibility (usually one-to-three years, and you can apply to continue your service after that); and
  • any conditions or limitations on your eligibility. For example, you may be eligible for paratransit for one route but not for other routes.

Scheduling Services

Once approved, you can schedule trips by following your transit agency’s scheduling process. Transit agencies are required to offer next-day service, and must agree to pick you up within an hour of the time that you requested.

Transit agencies must allow you to travel with a personal attendant. A personal attendant is someone who helps you with tasks either during your ride or at your destination. Transit agencies may not charge your attendant a fare. If you need an attendant or believe you may sometimes need an attendant, then you should include that information on your application.

Transit agencies must also allow you to have at least one companion. A companion is someone who is traveling with you to keep you company or as a friend. Your attendant does not count as a companion. The transit agency has the right to charge your companion a fare, but that fare cannot be more than double the regular service fare.

Denials and Loss of Service

You can appeal a denial of paratransit service. Appeals must be accepted up to 60 days after your denial. Some agencies may give you more time to appeal. You can make an appeal in person or in writing.

The transit agency has 30 days to respond to your appeal. Responses must be in writing. If the agency does not respond in time, it must provide service unless and until it denies the appeal.

The transit agency may stop or suspend your services if you engage in violent, seriously disruptive, or illegal conduct, or if you have a pattern of missing scheduled trips. Accidents or one-time incidents are not a pattern. Only intentional, repeated, or regular actions should be considered a pattern of missing trips.

A transit agency must notify you in writing if it plans to stop or suspend services. The notice must state the specific services they are suspending and give reasons for the suspension. The notice must also give the date service will resume. The transit agency should give you an opportunity to appeal the suspension. Services should continue during the appeal process.

Transit agencies may require recertification of paratransit eligibility. You may lose paratransit services if the agency determines you are no longer eligible.

Reasonable Accommodations

Paratransit agencies must make reasonable modifications (also called reasonable accommodations) when necessary to avoid discrimination based on disability. A reasonable accommodation is a change or an exception to a rule, practice, or policy that is necessary for a disabled person to have equal access. Here are some examples of reasonable accommodations in paratransit:

  • Getting picked up at an alternative location if your usual pick-up location is inaccessible due to construction.
  • Requesting help to complete the paratransit application if you cannot write or use a computer.

A paratransit agency must provide reasonable accommodations unless it would be a fundamental alteration of the service. An example of a fundamental alteration would be asking paratransit to drive you to a location outside the service area.

Resolving problems with paratransit agencies

If you have a problem with a paratransit agency, you may file a complaint or grievance. If the paratransit agency discriminated against you, you have the right to file a complaint with a government agency or to file a lawsuit.

Customer Service Complaint

A customer service complaint is an informal way to express general dissatisfaction with a service or behavior that may not directly relate to discrimination or violate the ADA. For example, if you felt unsafe during a ride because the driver ran a red light or exceeded the speed limit, you could file a customer service complaint. Some counties list a customer service specific email on their website. Please note that you may not get a response or a resolution to customer service complaints.

Grievance

According to the ADA, any public entity employing more than 50 people must establish a grievance procedure and designate an ADA coordinator to investigate and resolve grievances. Public entities that receive federal funding are also covered by Section 504 of the Rehabilitation Act of 1973 and must also have a 504 Coordinator.

If your reasonable accommodation request was wrongly ignored or denied, or you experienced another type of disability discrimination, you have the right to file a grievance. The paratransit agency should have a grievance policy that explains how to file a grievance, who to send it to, and any deadlines for filing a grievance. Some counties have a form on their website you can use to file a grievance. If your county does not have a form, you can use the template at the end of this fact sheet. The county’s policy should tell you who to send your grievance to. If it does not, you can send your grievance to the ADA Coordinator. If the entity employs fewer than 50 people and there is no ADA Coordinator, you can send the grievance to the public entity’s director or chief officer.

Tips for filing a grievance:

Always include your name, your contact information, the date of the incident, a detailed description of what happened, and what you want paratransit to do to fix the problem.

Many counties ask for more specific details like the time and location of the incident and the name of the employee involved, if applicable. A few counties ask for information such as employee ID, vehicle ID or route number, or what stop the bus was headed toward when the incident occurred.

If you do not have every piece of information a county asks for, you should still submit your grievance − just attempt to describe everything as specifically as possible with the information available to you. You should note down the information from the incident as soon as possible so that you have the information available when you are ready to file a grievance.

Administrative Complaints

CRD Complaints:

The Civil Rights Department (CRD) is a California state agency that enforces state civil rights laws. Any violation of the ADA is also a violation of the Unruh Act, which prohibits discrimination by business establishments. Paratransit is also covered by other anti-discrimination laws like the Disabled Persons Act and Government Code 11135. If you believe a transit agency has discriminated against you, you can file a complaint with CRD. Complaints to CRD must be filed within one year of when the discrimination happened.

Click here for more information about how to file a CRD complaint.

Or, you can call the CRD Contact Center at (800) 884-1684 or (800) 700-2320 (TTY). You can also visit a regional CRD office in person. Click here for any changes in CRD’s contact information.

FTA Complaints:

The United States Federal Transit Administration (FTA) Office of Civil Rights is the federal agency responsible for enforcing civil rights laws in public transit. If you believe that your transit agency violated your rights, you can file a complaint with the FTA. The FTA will investigate the complaint to see if the transit agency broke the law. If the FTA determines that the transit agency broke the law, it will inform the transit agency of the violations and set a deadline for the agency to fix the problem.

The deadline to file a complaint with the FTA is 180 days from the date the discrimination happened. The FTA strongly encourages people to communicate with the paratransit agency directly about the problem before filing a complaint.

FTA Complaint Form:

Click here for the FTA Civil Rights Complaint Form.

You can email the completed form to FTACivilRightsCommunications@dot.gov or mail it to:

Federal Transit Administration
Office of Civil Rights
Attention: Complaint Team
East Building, 5th Floor – TCR
1200 New Jersey Avenue, SE
Washington, DC 20590

FTA Civil Rights Hotline: 1-888-446-4511

Litigation

Violations of the laws discussed above may also be enforced through private lawsuits. Please be aware that statutes of limitations restrict the timeframe for filing litigation and that you could potentially lose claims if you do not act within the applicable statute of limitations. These deadlines can be as short as two years from the date of discrimination. If you are interested in pursuing litigation, you should consult with an attorney as soon as possible.

If you are seeking less than $12,500 in money damages, another option is to file a discrimination case in Small Claims Court. The statutes of limitations discussed above will apply. You cannot use a lawyer if you go to small claims court. Click here for the California Courts’ Self Help Guide to Small Claims in California.

References and Additional Materials

28 C.F.R. § 35.107

28 C.F.R. § 35.130

Reasonable Modifications to Policy, Practice & Procedure in Public Transportation, ADA National Network (2017).

Role of an ADA Coordinator, ADA National Network (2023).

Sample Letter to Request Paratransit Services

[Date]

Dear [Transit Agency]:

I am writing to request paratransit services due to my [disability/disabilities]/ I am unable to use the fixed route system because [describe obstacles to using public transportation ex. stop is not accessible].

My [physician / psychiatrist / psychologist / therapist / social worker / occupational therapist / other individual (describe)] has deemed paratransit service necessary in light of my disability. Please see the attached letter from [doctor or professional’s name].

I would like to use paratransit services for the following trips on a regular basis: [List days/times of travel, pick-up and drop off locations].

[I will need the assistance of an attendant on (some/all) trips to aid me (during the ride/at my destination). (Describe need for attendant).]

Federal and state law require that transit agencies provide paratransit service to persons with disabilities who are unable to use the fixed route system. Please respond to this request within 21 days, as required by law. Feel free to contact me at [your phone number and / or e-mail address] if you have any questions. Thank you.

Sincerely,

[Your name]
[Your address]

Sample Support Letter

[Date]

Dear [Business]:

I am the [physician / psychiatrist / psychologist / therapist / social worker / occupational therapist/ other] for [Name], and am familiar with [his / her] condition. [She / he] has a disability that causes certain functional limitations. These limitations include [list functional limitations that require the requested paratransit service].

[Name] is unable to use the fixed route system. [Describe how the obstacles that prevent use of public transportation. If an attendant is needed please describe the need for an attendant].

Thank you for providing this paratransit service for [Name].

Sincerely,

[Name and Title]

Template Grievance Form

Date: [Today’s date]

To: [Transit agency]

From: [Your name]

Address: [Your home address]

Email Address: [Your email address]

Phone Number: [Your phone number]

Rider ID: [Your rider ID]

Dear [ADA Coordinator or Transit agency]:

I am submitting this formal grievance to report I have been discriminated against by [Transit agency name] on [date of incident] around [time of incident] on the basis of my disability/disabilities in violation of the American Disabilities Act.

[Brief Description of Incident]

Type of Action Requested:

  • Investigate the issue
  • Provide training to staff/drivers
  • Improve accessibility procedures
  • Prevent this issue from happening again
  • [Other]

Thank you for reviewing this grievance and for supporting equal access to transportation for people with disabilities. I prefer to be followed up by my [phone/email], which is listed above.

[Signature]

[Printed name]