. . that are sufficient to provide to such individuals a level of service (1) which is comparable to the level of designated public transportation services provided to individuals without disabilities using such system; or (2) in the case of response time, which is comparable, to the extent practicable, to the level of designated public transportation services provided to individuals without disabilities using such system. Under these regulations, "each public entity operating a fixed route system" (excluding commuter bus, commuter rail, and intercity rail systems) must provide "comparable" paratransit service for individuals with disabilities. Minimum Service Requirements

The statutory language provides little guidance regarding the required scope of paratransit service. The ADA therefore required the Department of Transportation to develop minimum service criteria to "determine the level of services" sufficient to be "comparable" with services offered to individuals without disabilities. "Origin to Destination"

The regulations require that all paratransit service be "origin-to-destination" service. Response Times

Multiple regulations govern entities' obligations regarding the time it takes to respond to an individual's request for paratransit service. Specifically, this "capacity constraints" regulation prohibits limiting paratransit service in any of the following ways: "(1) [r]estrictions on the number of trips an individual will be provided; (2) [w]aiting lists for access to the service; or (3) [a]ny operational pattern or practice that significantly limits the availability of service to ADA paratransit eligible persons."
The Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq., is a broad non-discrimination statute that includes a prohibition of discrimination in public transportation. To prevent such discrimination, the ADA imposes several affirmative obligations on transportation providers, including a requirement that providers offer separate "paratransit" service, or accessible origin-to-destination service, for eligible individuals with disabilities. Under the statute, the level of such service must be "comparable" to the level of service offered on fixed route systems to individuals without disabilities. Department of Transportation regulations implement this "comparable" standard with specific requirements regarding the scope and manner of paratransit service. Regarding the time taken by providers to respond to individuals' requests for paratransit service, recent case law suggests that providers' legal obligation under the ADA and accompanying regulations is to avoid discriminatory "patterns or practices" of service. For more information on the ADA, see CRS Report 98-921, The Americans with Disabilities Act (ADA): Statutory Language and Recent Issues, by [author name scrubbed].