HomeMy Public PortalAboutADA Reasonable Modification Policy.docx DAVE SNOW
Mayor CITY OF RICHMOND GREG STIENS
ROSEVIEW TRANSIT Director
401 SOUTH Q STREET, RICHMOND, INDIANA 47374 Public Works
PHONE (765) 983-7227
TERRI QUINTER
Operations Manager
City of Richmond, Rose View Transit
Reasonable Modification Policy
1. Purpose
The purpose of the reasonable modification policy is to ensure that Rose View Transit offers
equal and effective opportunities and access to public transportation services for persons with
disabilities and full compliance with the provisions of the Title II of the Americans with
Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973.
2. Policy
Rose View Transit is committed to providing equal access and opportunity to qualified
individuals with disabilities in all programs, services and activities. Rose View transit recognizes
that in order to have equally effective opportunities and benefits, individuals with disabilities
may need reasonable modifications to policies and procedures. Rose View transit will adhere to
all applicable federal and state laws, regulations and guidelines with respect to providing
reasonable modifications, as necessary, to afford equal access to programs for persons with
disabilities does not discriminate on the basis of disability in admission to, participation in, or
receipt of services and benefits under any transit program or activity. Rose View Transit will take
appropriate steps to ensure that persons with disabilities have an equal opportunity to
participate.
No qualified individual with a disability shall, by reason of such disability, be excluded from
participation in or be denied the benefits of the services, programs, or activities of Rose View
Transit, or be subject to discrimination by Rose View Transit.
3. Reasonable Modifications
A reasonable modification is a change or exception to a policy, practice, or procedure that
allows disabled individuals to have equal access to programs, services, and activities. Rose View
transit will make reasonable modifications to policies, practices and procedures when necessary
to ensure access to transit services for qualified individuals with disabilities, unless:
• Making the accommodation would fundamentally alter the nature of the public
transportation service.
• Making the accommodation would create a direct threat to the health or safety of other
passengers.
• The individual with a disability is able to fully use Rose View Transit’s service without
the accommodation being made.
For the purposes of this section, the term reasonable accommodation shall be interpreted in a
manner consistent with the term ‘‘reasonable modifications’’ as set forth in the Americans with
Disabilities Act Title II regulations at 28 CFR 35.130(b)(7), and not as it is defined or interpreted
for the purposes of employment discrimination under Title I of the ADA (42 U.S.C. 12111–
12112) and its implementing regulations at 29 CFR part 1630.
4. Eligibility Criteria
An individual is eligible to be considered to receive a reasonable modification if that individual
has: a physical or mental impairment that substantially limits one or more of the major life
activities of such individual; a record of such impairment; or been regarded as having such
impairment.
5. Requests for Reasonable Modifications
Anyone who requires a Reasonable Modification of policies and programs to participate in Rose
View Transit service should contact:
Terri Quinter: Rose View Transportation Director
401 South “Q” St.
Richmond, IN 47374
Telephone: (765) 983-7227
Relay: (800) 743-3333
Fax (765) 983-7301
Reasonable Modification requests should be made as soon as possible to ensure proper
planning and scheduling can occur before the scheduled ride is to be provided.
The ADA does not require Rose View Transit to take any action that would fundamentally alter
the nature of its programs or services, or impose an undue financial or administrative burden.
Rose View Transit shall follow these procedures in taking requests:
a. Individuals requesting modifications shall describe what they need in order to use the
service.
b. Individuals requesting modifications are not required to use the term ‘‘reasonable
modification’’ when making a request. Personnel at Rose View Transit will determine if
the request represents a reasonable modification and proceed in accommodating the
request accordingly.
c. Whenever feasible, Rose View Transit requests that individuals make such requests for
modifications before Rose View Transit is expected to provide the modified service.
d. Where a request for modification cannot practicably be made and determined in advance
(e.g., because of a condition or barrier at the destination of a paratransit, demand
response, or fixed route trip of which the individual with a disability was unaware until
arriving), operating personnel shall make a determination of whether the modification
should be provided at the time of the request. Operating personnel may consult with
Rose View Transit’s management before making a determination to grant or deny the
request.
Requests for accommodation may be made either orally or in writing. The reasonable
accommodation process begins as soon as the request for accommodation is made.
The request can be submitted in any written format. Alternative means of filing a request, such
as personal interviews, phone calls, or taped requests, will be made available for persons with
disabilities if unable to communicate their request in writing or upon request.
6. Interactive Process
When a request for accommodation is made, Rose View Transit and the individual requesting an
accommodation must engage in a good faith interactive process to determine what, if any
accommodation shall be provided. The individual and Rose View Transit must communicate
with each other about the request, the process for determining whether an accommodation will be
provided, and the potential accommodations. Communication is a priority throughout the entire
process.
7. Time Frame for Processing Requests and Providing Reasonable Modification
Rose View Transit will process requests for reasonable accommodation and then provide
accommodations, where appropriate, in as short a time frame as reasonably possible. Rose View
Transit recognizes, however, that the time necessary to process a request will depend on the
nature of the accommodation(s) requested and whether it is necessary to obtain supporting
information.
8. Granting a Reasonable Modification Request
As soon as Rose View Transit determines that a reasonable accommodation will be provided,
that decision shall be immediately communicated to the individual. This notice must be in
writing in order to maintain the required information for reporting purposes. Upon request,
alternative means of response will be provided.
In choosing among alternatives for meeting nondiscrimination and accessibility requirements
with respect to new, altered, or existing facilities, or designated or specified transportation
services, Rose View transit shall give priority to those methods that offer services, programs,
and activities to qualified individuals with disabilities in the most integrated setting appropriate
to the needs of individuals with disabilities.
9. Denying a Reasonable Modification Request
As soon as Rose View Transit determines that a request for reasonable accommodation will be
denied, Rose View Transit will communicate the basis for the decision in writing to the
individual requesting the modification. The explanation for the denial will clearly state:
a. the specific reasons for the denial;
b. any alternative accommodation that may create the same access to transit services as
requested by the individual; and
c. The opportunity to file a complaint relative to Rose View Transit’s decision on the
request.
10. Complaint Process
Rose View Transit has a process for investigating and tracking complaints from qualified
individuals. These procedures shall be posted on Rose View Transit’s website and will be
provided to any individual where Rose View Transit has denied a request for accommodation.
The process and any forms necessary to file a complaint are readily available from the web.
Alternative means of filing complaints, such as personal interviews, phone calls, or taped
requests, will be made available for persons with disabilities if unable to communicate their
request in writing or upon request.
Any person who believes she or he has been discriminated against in obtaining a reasonable
modification may file a complaint by completing and submitting a City of Richmond ADA
Complaint Form that can be obtained on the transit system website, no later than 60 days after
the alleged discrimination, or by contacting the City of Richmond ADA Coordinator in Section
11 of this policy. Within 15 calendar days after receipt of the complaint, the coordinator or
his/her designee will meet with the complainant to discuss the complaint and the possible
resolutions. Within 15 calendar days of the meeting, the coordinator or his/her designee will
respond in writing, and where appropriate, in a format accessible to the complainant, such as
large print, Braille, or audio tape. The response will explain the position of the City of Richmond
and offer options for substantive resolution of the complaint.
Decision letters will identify either a Letter of Closure or Letter of Finding.
a. Letter of Finding – This letter will summarizes the complaint, any interviews conducted
regarding the complaint, and explains what actions will be taken by Rose View Transit to
address the complaint.
b. Letter of Closure – This letter will explain why Rose View Transit has determined that
the complaint does not merit accommodation under the Americans with Disabilities Act
and that the complaint will be closed.
If the response by the coordinator or his/her designee does not satisfactorily resolve the issue,
the complainant and/or her designee may appeal the decision within 15 calendar days after
receipt of the response to the Mayor or his designee.
Within 15 calendar days after receipt of the appeal, the Mayor or his/her designee will meet
with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days
after the meeting, the Mayor or his/her designee will respond in writing, and, where
appropriate, in a format accessible to the complainant, with a final resolution of the complaint.
11. Designated Employee
Rose View Transit shall designate one official within the organization responsible for processing
reasonable modification complaints. Complaints that a program, service, or activity of City of
Richmond is not accessible to persons with disabilities or that a Reasonable Modification request
could not be met, should be submitted by the grievant and/or his/her designee as soon as possible
but no later than 60 calendar days after the alleged violation to:
Imani Murphy, ADA Coordinator,
50 North 5th Street, Richmond, IN 47374,
765-983-7435 or email: imurphy@richmondindiana.gov
12. Record Retention
All written complaints received by the coordinator or his/her designee. Appeals to the Mayor or
his designee, and responses from these two offices will be retained by the City of Richmond for
at least three years.