Loading...
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.