ADA Paratransit Requirements

DOT issued final regulations to implement the ADA’s public transportation  provisions on August 22, 1991.how transit agencies are to provide paratransit service; rather, they  require such agencies to offer a level of service that is “comparable” to  the level of service offered to the general public without disabilities. 1). Data. However, as a condition of  receiving federal funds, every transit agency has to self-certify and assure  that it is complying with the DOT ADA regulations. According to FTA,  this certification and assurance is its starting point for assessing transit  agencies’ compliance with ADA requirements. FTA’s specialized ADA paratransit compliance reviews examine multiple  aspects of a transit agency’s paratransit service. According to FTA officials, there are approximately 628 urbanized  area fixed-route transit agencies that could be eligible for ADA  compliance reviews. While the factors that FTA currently uses may be appropriate for selecting  transit agencies for an ADA compliance review, FTA’s informal process  does not adhere to our guidance on internal control standards related to  the communication of policy, documentation of results, and monitoring   We have previously  and reviewing of grantee activities and findings.reported that these standards are critical to maintaining the thoroughness  and consistency of compliance reviews. According to FTA, all  finalized ADA compliance review reports are publicly available  documents. Demand for ADA Paratransit Has Increased for Some Transit Agencies, and Costs Remain High

		Demand

According to our survey of transit agencies, demand for ADA paratransit  trips increased from 2007 to 2010. From 2007 to 2010, the average  number of individuals registered to use ADA paratransit service at a  transit agency increased by 12 percent, and the average number of ADA  paratransit trips provided by a transit agency increased 7 percent (see   fig. Increases in demand for ADA paratransit services were driven by the 10  largest transit agencies. Costs and Fares

ADA paratransit trips are much more costly to provide than fixed-route  trips. Based on our survey results, the average cost of providing an ADA  paratransit trip in 2010 was $29.30, an estimated three and a half times  more expensive than the average cost of $8.15 to provide a fixed-route  trip (see fig. Transit Agencies Are Taking a Number of Actions to Address Paratransit Demand and Costs

Transit agencies have implemented a number of actions aimed at  addressing the growing demand for ADA paratransit trips and reducing  the costs of ADA paratransit services. According to our survey of transit agencies,  about 59 percent of transit agencies are coordinating with health and  human services providers in order to improve ADA paratransit services or  address the costs of providing service. Also, about 44 percent of transit  agencies are coordinating with other local transit agencies, including 6 of  the 10 largest transit agencies. Improving the Accessibility of Fixed- Route Service

Our survey results showed that over 62 percent of transit agencies  reported making accessibility improvements to their fixed-route systems  since 2007. However, nine final review reports—conducted from  2004 to 2010—have not been posted to FTA’s website. To help ensure that FTA’s ADA paratransit compliance reviews  adhere to GAO recommended internal controls and grantee oversight  best practices, document and make publicly available a formal  selection approach for selecting transit agencies for review. 2. To help transit agencies and stakeholders have access to up-to-date  ADA paratransit compliance reviews and compliance findings, post  the backlog of ADA compliance review final reports on FTA’s website  and establish processes for the timely posting of future compliance  review reports. 3. To improve NTD data collection for ADA paratransit, provide guidance  to transit agencies on how to accurately complete existing ADA  paratransit fields. (2)  What changes have occurred in ADA paratransit demand and  costs since 2007? (3)  What actions are agencies taking to help address changes in the  demand for and costs of ADA paratransit service? To determine what is known about the extent of compliance with ADA  paratransit requirements, we reviewed ADA regulations, the Federal  Transit Administration (FTA) guidance on the regulations, and FTA’s ADA  compliance reports from 2005 to 2011. Appendix II: Reliability of ADA Paratransit Data in FTA’s National Transit Database

We conducted an analysis to determine whether ADA paratransit data in  the NTD were sufficiently reliable for the purpose of identifying changes  that have occurred in ADA paratransit demand and costs since 2007. We  found data discrepancies, such as incomplete data, that may understate  or overstate the number of ADA trips and amount of ADA expenses. We found that the NTD does not  contain a data field that asks transit agencies whether they are required  to provide ADA paratransit services. In addition, transit agencies may misunderstand  the definition of ADA paratransit service and make reporting errors as a  result—they may report ADA trips and ADA expenses erroneously one  year because they think their specialized, demand-responsive service  counts as ADA paratransit service, even though the service is not  provided in order to comply with the ADA.
Why GAO Did This Study

The ADA, a civil rights law enacted in 1990, provided that it shall be considered discrimination for a public entity that operates a fixed-route transit system to fail to offer paratransit service to disabled individuals that is comparable to services provided to those without disabilities. FTA is responsible for overseeing compliance with ADA requirements for paratransit services. As requested, GAO examined: (1) the extent of compliance with ADA paratransit requirements, (2) changes in ADA paratransit demand and costs since 2007, and (3) actions transit agencies are taking to help address changes in the demand for and costs of ADA paratransit service. GAO analyzed FTA's ADA compliance reports; conducted a generalizable web-based survey of 145 transit agencies; interviewed federal officials; and interviewed officials from 20 transit agencies, chosen based on a variety of characteristics, including geographic diversity.

What GAO Found

Little is known about the extent of transit agencies' compliance with the Americans with Disabilities Act (ADA) paratransit service requirements. FTA does receive some assurance that agencies are complying with federal statutes and regulations, including ADA paratransit requirements, because transit agencies that receive FTA funding are required to self-certify and assure that they are complying with the Department of Transportation's ADA regulations. Additionally, FTA conducts specialized ADA paratransit compliance reviews that examine multiple aspects of an agency's paratransit services; however, few transit agencies are selected for review each year. FTA generally relies on complaints, media reports, experience with an agency, and other information to select agencies for review, but does not have documented criteria for selecting agencies. This informal selection process does not align with federal guidance on internal controls related to communication, documentation, and monitoring. Lastly, according to FTA officials, all finalized ADA paratransit compliance review reports are to be available on FTA's website, but GAO identified nine final review reports--conducted from 2004 to 2010--that have not been posted to FTA's website.
Based on GAO's survey, the demand for ADA paratransit trips increased, since 2007 for some transit agencies, and costs for providing the trips remain high. The average number of annual ADA paratransit trips provided by a transit agency increased 7 percent from 2007 to 2010; from 172,481 trips in 2007 to 184,856 trips in 2010. Increases in demand for ADA paratransit services were driven by the 10 largest transit agencies, measured according to the population size of their service areas. Also, ADA paratransit trips are much more costly to provide than fixed-route trips. Similarly, the average cost of providing an ADA paratransit trip in 2010 was $29.30, an estimated three and a half times more expensive than the average cost of $8.15 to provide a fixed-route trip. The average cost of providing an ADA paratransit trip increased 10 percent from 2007 to 2010. GAO's analysis of ADA paratransit data available in FTA's National Transit Database (NTD) found that, according to GAO standards for data reliability, the data are not sufficiently reliable for the purpose of assessing changes in ADA paratransit demand and costs. For example, GAO found discrepancies, such as incomplete data, that may understate or overstate the number of ADA trips and amount of ADA expenses. According to FTA officials, some transit agencies fail to report these data, while others misunderstand the data fields and make reporting errors as a result.
Transit agencies are taking actions such as coordinating with other transportation providers, offering travel training, and improving accessibility to address changes in ADA paratransit demand and costs. According to GAO's survey, about 59 percent of transit agencies are coordinating with health and human services providers to improve ADA paratransit services or address the costs of providing such services. About 44 percent of transit agencies are coordinating with other local transportation providers. Additionally, about 55 percent are using travel training to help paratransit riders' transition to fixed-route services. Furthermore, GAO's survey results showed that over 62 percent of transit agencies have made accessibility improvements to their fixed-route systems since 2007.

What GAO Recommends

The Secretary of Transportation should direct the FTA Administrator to (1) document and make publicly available a formal approach for selecting transit agencies for ADA paratransit compliance reviews, (2) post the backlog of ADA's compliance-review final reports and establish a process for the timely posting of future reports, and (3) provide guidance to transit agencies on how to accurately complete existing ADA paratransit data fields in the NTD.