Accessible Parking and Paratransit Services RON LUCEY Executive

Accessible Parking and Paratransit Services RON LUCEY , Executive Director FRAN ROBERTSON , Research Specialist Transportation Works: Identifying and Removing Barriers Through Innovation March 2, 2017

“For many Texans with disabilities, accessible parking is the first step in being able to fully participate in the community. ” Lora Taylor, Parent and Member Texas Council on Developmental Disabilities GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

Our Mission The Texas Governor’s Committee on People with Disabilities (GCPD) works to further opportunities for persons with disabilities to enjoy full and equal access to lives of independence, productivity and self-determination. GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

What Do We Do? The Committee: Ø Makes recommendations to the Governor and Legislature on disability issues; Ø Ø Promotes compliance with disability-related laws; Ø Recognizes employers for hiring and retaining employees with disabilities; and Ø Recognizes media professionals and students for positively depicting Texans with disabilities. Promotes a network of local committees doing similar work; Members and staff also provide technical assistance and information and referral services to citizens of Texas on issues affecting Texans with disabilities. GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

Accessible Parking

What is Accessible Parking? Spaces designated for drivers with disabilities that must comply with scoping and technical requirements of the ADA Standards for Accessible Design. Texas follows the Texas Accessibility Standards (TAS) which has U. S. DOJ equivalency certification. GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

History of Accessible Parking • Began in 1960 s when protections for Pw. D grew out of the Civil Rights movement. • Federal legislative groundwork affecting accessible parking included: o Architectural Barriers Act of 1968 o Rehabilitation Act of 1973 o Fair Housing Act, as amended in 1988 o Public Law 100 -641, Sec 3. Handicapped Parking System (Nov. 9, 1988) o Americans with Disabilities Act of 1990 GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

Accessible Parking Report HB 1317 (84 R) charged GCPD to review: 1. Texas parking laws applying to Pw. D; 2. Parking laws of other states applying to Pw. D; 3. Parking requirements for Pw. D in: a. ADA of 1990 and related federal regulations; b. 2010 ADA Standards for Accessible Design; c. 2012 Texas Accessibility Standards; and 4. Policies on parking for Pw. D in state-owned parking lots including on State Capitol grounds. GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

Information Gathering Coordinated with disability groups and orgs Contacted other states Quarterly meetings around the state Public Hearing at State Capitol Multi-agency meetings and conference calls Online Surveys Direct public input from e-mails/phone calls Research on federal, state & local laws, rules, standard and policies GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

Final Report 3 Primary Findings: and 12 Recommendations: GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

Finding #1 Need more enforcement of current accessible parking laws GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

Finding #2 Insufficient number of accessible parking spaces available for public use GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

Finding #3 Placard fraud and abuse is seen as a prevalent problem GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

Recommendation #1 Strengthen enforcement of accessible parking laws GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

Recommendation #2 Control accessible parking placard fraud and abuse through tighter laws and administrative remedies GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

Recommendation #3 Develop statewide public awareness on accessible parking and its impact on Texans with disabilities through public awareness campaigns GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

Recommendation #4 Change the language in the Transportation Code from “Handicapped Parking” to “Accessible Parking” to align with the spirit of person first language GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

Recommendation #5 Promote the development of volunteer accessibility parking enforcement programs to improve statewide enforcement of accessible parking laws GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

Recommendation #6 Improve accessibility for visitors and residents within the Capitol Complex GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

Recommendation #7 Amend Texas Transportation Code to permit alternative sentencing GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

Recommendation #8 Redefine the van accessible requirements in the Texas Accessibility Standards (TAS) standards for medical facilities to increase the number of van accessible spaces at these locations. GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

Recommendation #9 Update TAS thru legislation or rule-making by. . . è painting International Symbol of Accessibility in accessible parking space if space is paved; and è painting words “No Parking” in access aisles if space is paved GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

Recommendation #10 Include on accessible parking signs regulatory language that informs of fines and consequences GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

Recommendation #11 Consider expanded statutory authority in the Human Resource Code based on the New Mexico statute to grant additional authority to GCPD to… provide education and training and to work with other state agencies to provide public education and awareness GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

Recommendation #12 Consider further study on the alignment of state law with federal law to conserve accessible parking privileges for those veterans with mobility disabilities rather than for any veteran with a disability who may not have mobility issues as prescribed in law; i. e. , hearing loss or mental health disability. GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

Paratransit Services GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

“Fixed-route public transit is the goal of the ADA for those who are able to use it. Paratransit was envisioned only for those people with disabilities who are unable to use mass transit systems, not for those who merely choose paratransit. ” American Association of People with Disabilities GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

What is Paratransit? Comparable transportation service required by the ADA for individuals with disabilities who are unable to used fixed route systems. Origin-to-destination transportation service (curbto-curb service) that operates in response to calls or requests from riders. An alternative to fixed-route transit service which operates along prescribed routes with designated stops according to fixed schedules. GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

History of Paratransit Ø Before passage of the ADA, paratransit was provided by non-profit and local public transit agencies in response to requirements of Section 504. Ø After the ADA was passed, the Federal Transit Administration (FTA) required transit systems to plan and begin implementing ADA compliant services with full implementation by 1997. GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

Paratransit Regulations Equal Access to Transportation Services: o ADA Title II (28 CFR Part 35): covers most public transportation systems o ADA Title III (28 CFR Part 36): covers public accommodations, including most privately operated transportation systems Paratransit Service-Related Requirements: o 49 CFR Part 37 Design Specs for Transportation Vehicles: o 49 CFR Part 38 GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

Paratransit Report HB 1545 (83 R) charged GCPD to study: 1. the feasibility of standardizing the process of certifying an individual’s eligibility for services in the state; and 2. whether the current 21 -day provision of services by a provider is adequate to meet the needs of visitors with disabilities to locations served by the provider. GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

Data Collection Information from the public was gathered from the following sources: Surveys • Web-based for paratransit providers • Web-based for Pw. D • Mail-outs upon request Public hearing GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

Paratransit Provider Survey (addressing charge #1) Public transit agencies were surveyed on: Ø their eligibility process Ø how often paratransit riders are re-certified Ø number of paratransit visitors served each FY Ø what initiatives, if any, were implemented to curb paratransit costs Ø feedback on various initiatives that may help the paratransit riding population GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

Paratransit Provider Survey (addressing charge #2) Persons with disabilities, family members, caregivers and professionals in the field of disability were surveyed on: satisfaction level with transportation options Frequency for different types of trips If lack of transportation limits trips Types of problems encountered using public transportation GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

Final Report 3 Primary Findings: and 6 Recommendations: GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

Finding #1 The process of certifying an individual for paratransit eligibility varies between transit agencies. GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

Finding #2 By and large, paratransit users do not exceed the 21 days of visitor service guaranteed by the ADA regulations. GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

Finding #3 Given the size of Texas, accessible, affordable and reliable transportation is critical. GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

Recommendation #1 Conduct a comprehensive study on the transportation needs of all Texans, including specific barriers to transportation services for people with disabilities. GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

Recommendation #2 Develop an educational campaign to increase awareness of paratransit services for individuals who want, or need, to travel outside of their local service area. GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

Recommendation #3 Within the Texas Department of Transportation: Support creation of a Statewide Paratransit Advisory Committee Support creation of a Paratransit Ombudsman Support creation of an accessible Statewide Paratransit Rider Database Support creation of an accessible one-stopshop website that contains comprehensive information about transit agencies in Texas GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

Examine current funding to ensure adequate resources for an accessible, affordable and reliable transportation system and related programs that serve all Texans Recommendation #4 GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES 42

Recommendation #5 Encourage local communities and transit operators to work together to improve critical infrastructure, such as accessible sidewalks and covered bus stops in and around transit locations. GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

Recommendation #6 Support the principles of “Livable Communities” in long-range planning Emphasize accessible transportation options and “Complete Streets” GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES

GOVERNOR’S COMMITTEE ON PEOPLE WITH DISABILITIES