Implementing the U.S. DOT Reasonable Modification Rule (2019)

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A-1 A P P E N D I X A Survey Instrument

A-2 Implementing the U.S. DOT Reasonable Modification Rule Dear Survey Recipient: The Transportation Research Board (TRB) is preparing a synthesis of current practices on Implementing the US DOT Reasonable Modification Rule. This is being done for the Transit Cooperative Research Program (TCRP) in cooperation with the Federal Transit Administration (FTA) and the American Public Transportation Association (APTA). The purpose of this TCRP synthesis is to provide an overview of the current state of practice regarding the experiences of selected public transit agencies as they respond to the 2015 US DOT regulation to make reasonable modifications to ensure accessibility for people with disabilities (49 CFR §37.5(i)(3) and 49 CFR §37.169). The study seeks to identify modifications to practices and procedures to respond to the regulation, modifications to existing policies or new policies developed in response to the regulation (if any), actual requests for modifications, responses to these requests, and ideas for improving processes used by transit agencies to respond to reasonable modification requests. This survey questionnaire is being distributed to selected transit agencies across the U.S. representing a broad range of public transit services. Since we are interested in responses from both the fixed-route and demand-response/paratransit sides of operations, the best person to answer these questions might be your agency's Accessible Services Manager or equivalent. If you are not the appropriate person at your organization to complete this survey, please forward it to the correct person. While transit agencies responding to the survey will be listed in the report, responses to questions will not be attributed to individual agencies in the report, and individual responses will be kept confidential. .8102 ,61 yraurbeF ,yadirF yb eriannoitseuq yevrus siht timbus dna etelpmoc esaelP We developed this survey to gather information on: How transit agencies are addressing the requirement to make reasonable modifications What challenges transit agencies are facing in doing so “Lessons learned” that can be shared with other public transit agencies The final report that includes findings of this survey will be published by TRB and will document current practices in making reasonable modifications for people with disabilities by public transportation agencies, without any judgment as to compliance with the requirement or attribution of particular responses to specific transit agencies. The study is being guided by a review panel of Introduction TCRP Synthesis J-07/Topic SB-31: Implementing the US DOT Reasonable Modification Rule

Survey Instrument A-3 industry experts who are listed on the TRB project web page: http://apps.trb.org/cmsfeed/TRBNetProjectDisplay.asp?ProjectID=4345 We greatly appreciate your time in participating in the survey and the experience that you can share with the rest of the transit industry. If you have any questions about the survey or the project, please do not hesitate to contact the principal investigator: Beth Hamby, KFH Group, at bhamby@kfhgroup.com or at (206) 274-5996. ------------------------- We anticipate that the survey will take approximately 20 to 30 minutes to complete. As long as you are working from the same computer, you can stop and restart again without losing what you have previously entered. If you have not already, you may want to review the PDF version of the survey that was attached to the introduction email to ensure that you are familiar with the questions and have gathered any data reports you may need before starting. Thank you!

A-4 Implementing the U.S. DOT Reasonable Modification Rule Survey responses will be reported in aggregate and individual answers will be kept confidential. We request your contact information only to ensure validity and the ability to contact you if we should have further questions about your reasonable modification practices. Survey Contact Information TCRP Synthesis J-07/Topic SB-31: Implementing the US DOT Reasonable Modification Rule Name of Transit Agency Your Name Your Title Email Address Phone 1. Please provide your contact information.*

Survey Instrument A-5 Establishment of Policy/Process TCRP Synthesis J-07/Topic SB-31: Implementing the US DOT Reasonable Modification Rule 2. Which best describes your agency’s current policy/process for considering requests from people with disabilities to make reasonable modifications / accommodations? (check one) Formally adopted reasonable modification policy Part of another formally adopted policy (e.g., overarching customer service policy) Process in place without adoption of formal policy No policy or process in place (please skip to question 32)

A-6 Implementing the U.S. DOT Reasonable Modification Rule Establishment of Policy/Process (Continued) TCRP Synthesis J-07/Topic SB-31: Implementing the US DOT Reasonable Modification Rule 3. Prior to publication of the final rule on reasonable modifications (March 15, 2015), did your agency have a policy for reasonable modifications / accommodations for people with disabilities? (check one) Yes, we had a formal policy Yes, we had an informal policy No Not sure 4. Prior to publication of the final rule on reasonable modifications (March 15, 2015), did your agency have a procedure in place for handling requests for reasonable modifications (such as through the paratransit eligibility process, customer service inquiries, or a complaint process)? (check one) Yes, and this procedure is still in use Yes, but we have since changed or updated the procedure No Not sure 5. Following publication of the final rule (March 15, 2015), did your agency establish or update its policy/process for reasonable modifications/accommodations for people with disabilities by July 13, 2015? (check one) Yes No Not sure

Survey Instrument A-7 Policy/Process Notification TCRP Synthesis J-07/Topic SB-31: Implementing the US DOT Reasonable Modification Rule 6. How are transit agency operations employees informed about your agency’s current reasonable modification policy/process? (check all that apply) Distribution of written policy/procedure Inclusion in personnel policy/procedure handbook New hire training Refresher training Other staff meetings Not sure Other (please indicate) 7. If you contract for any transit operations, how are contract operations staff members informed about your agency’s current reasonable modification policy/process? (check all that apply) Not applicable—all services are operated in-house Distribution of written policy/procedure Inclusion in personnel policy/procedure handbook New hire training Refresher training Other staff meetings Not sure Other (please indicate)

A-8 Implementing the U.S. DOT Reasonable Modification Rule 8. How is transit agency management informed about your agency’s current reasonable modification policy/process? (check all that apply) Distribution of written policy/procedure Inclusion in personnel policy/procedure handbook New hire training Staff meetings Not sure Other (please indicate) 9. How are passengers / potential passengers informed about the reasonable modification policy/process? (check all that apply) Printed brochure(s) on specific service(s) Printed brochure on general system accessibility Web page(s) on specific service(s) Web page on general system accessibility As part of travel training / bus familiarization training As part of ADA paratransit eligibility certification process Not sure Other (please indicate)

Survey Instrument A-9 Reasonable Modification Request Procedures TCRP Synthesis J-07/Topic SB-31: Implementing the US DOT Reasonable Modification Rule 10. If you have a formal policy/process, what method(s) are passengers instructed to use to request a reasonable modification in advance? (check all that apply) Form submitted through the transit agency’s website Written/email request to a specific individual at the transit agency Written/email request to the customer service department Telephone request to a specific individual at the transit agency Telephone request to the customer service department As part of ADA paratransit eligibility certification process As part of the ADA paratransit or other demand response trip scheduling process As part of the ADA complaint process Other (please indicate) 11. How far in advance, when possible, are passengers asked to submit requests for reasonable modifications? (Please indicate the recommended time frame.)

A-10 Implementing the U.S. DOT Reasonable Modification Rule 12. Who makes the decisions on requests made in advance for reasonable modifications? (check all that apply) ADA/accessibility coordinator ADA paratransit eligibility determination staff Civil rights officer Legal counsel Operations manager Operations supervisor Trip scheduler Other (please indicate) 13. When a passenger’s request made in advance for a modification has been approved, how is this conveyed to the appropriate operating staff? (check all that apply) Through customer database record in scheduling and dispatching software Included on vehicle operator’s daily schedule when the individual is scheduled to ride Conveyed to vehicle operator by mobile communication Memos/notices distributed to rail station staff Passengers show the appropriate transit staff written approval letter Telephone call to staff Email message to staff Other (please indicate)

Survey Instrument A-11 14. When a passenger’s request made in advance for a modification has been denied, how is this conveyed to the appropriate operating staff? (check all that apply) Through customer database record in scheduling and dispatching software Included on vehicle operator’s daily schedule when the individual is scheduled to ride Conveyed to vehicle operator by mobile communication Memos/notices distributed to rail station staff Telephone call to staff Email message to staff Other (please indicate) 15. Who is authorized to make decisions on ad hoc requests for reasonable modifications (i.e., requests made to the vehicle operator at the time of service)? (check all that apply) Vehicle operator Dispatcher/individual who maintains regular communications with operators while they are in passenger service Supervisor Manager Other (please indicate) 16. How often are requests made in advance for reasonable modifications documented? (check one) Usually Sometimes Rarely Unknown 17. How often are ad hoc requests for reasonable modifications documented? (check one) Usually Sometimes Rarely Unknown

A-12 Implementing the U.S. DOT Reasonable Modification Rule Requests Made in Advance—for example, requests for a specific vehicle type Implementation Experience TCRP Synthesis J-07/Topic SB-31: Implementing the US DOT Reasonable Modification Rule If an actual number is available, please indicate. 18. Approximately how many requests made in advance for reasonable modifications did your organization receive during the 2017 calendar year (January through December 2017)? Fewer than 20 20 to 49 50 to 99 100 to 199 200 to 499 500 to 1,000 More than 1,000 Unknown

Survey Instrument A-13 If an actual percent is available, please indicate. 19. Approximately how many requests made in advance for reasonable modifications received by your organization during the 2017 calendar year (January through December 2017) were approved? less than 10 percent 10 to 19 percent 20 to 29 percent 30 to 39 percent 40 to 49 percent 50 to 59 percent 60 to 69 percent 70 to 79 percent 80 to 89 percent 90 percent or more Unknown If an actual percent is available, please indicate. 20. Approximately how many requests made in advance for reasonable modifications received by your organization during the 2017 calendar year (January through December 2017) were denied? less than 10 percent 10 to 19 percent 20 to 29 percent 30 to 39 percent 40 to 49 percent 50 to 59 percent 60 to 69 percent 70 to 79 percent 80 to 89 percent 90 percent or more Unknown

A-14 Implementing the U.S. DOT Reasonable Modification Rule “Ad Hoc” Requests—for example, requests to stop the bus at a different location because of a temporary condition blocking the bus stop Implementation Experience (Continued) TCRP Synthesis J-07/Topic SB-31: Implementing the US DOT Reasonable Modification Rule If an actual number is available, please indicate. 21. Approximately how many “ad hoc” requests for reasonable modifications did your organization receive during the 2017 calendar year (January through December 2017)? Fewer than 20 20 to 49 50 to 99 100 to 199 200 to 499 500 to 1,000 More than 1,000 Unknown

Survey Instrument A-15 If an actual percent is available, please indicate. 22. Approximately how many “ad hoc” requests for reasonable modifications received by your organization during the 2017 calendar year (January through December 2017) were approved? less than 10 percent 10 to 19 percent 20 to 29 percent 30 to 39 percent 40 to 49 percent 50 to 59 percent 60 to 69 percent 70 to 79 percent 80 to 89 percent 90 percent or more Unknown If an actual percent is available, please indicate. 23. Approximately how many “ad hoc” requests for reasonable modifications received by your organization during the 2017 calendar year (January through December 2017) were denied? less than 10 percent 10 to 19 percent 20 to 29 percent 30 to 39 percent 40 to 49 percent 50 to 59 percent 60 to 69 percent 70 to 79 percent 80 to 89 percent 90 percent or more Unknown

A-16 Implementing the U.S. DOT Reasonable Modification Rule Communication Methods Implementation Experience (Continued) TCRP Synthesis J-07/Topic SB-31: Implementing the US DOT Reasonable Modification Rule 24. Based on your organization’s experience during the 2017 calendar year, through what method(s) does your organization typically receive requests for reasonable modifications? (check all that apply) To the extent you are able, please indicate common methods used (which may differ from those methods encouraged under your policy). Online form Written/email request to a specific individual at the transit agency Written/email request to the customer service department Telephone request to a specific individual at the transit agency Telephone request to the customer service department Through the ADA complaint process As part of ADA paratransit eligibility certification process As part of ADA paratransit trip scheduling process As part of general public trip scheduling process At the time of service with the driver (“ad hoc”) Unknown Other (please indicate)

Survey Instrument A-17 25. Of the methods through which your organization typically receives requests for reasonable modifications, which methods has your organization found to be most effective for gathering the information needed to determine whether or not the request can be approved? (check all that apply) Online form Written/email request to a specific individual at the transit agency Written/email request to the customer service department Telephone request to a specific individual at the transit agency Telephone request to the customer service department Through the ADA complaint process As part of ADA paratransit eligibility certification process As part of ADA paratransit trip scheduling process As part of general public trip scheduling process At the time of service with the driver (“ad hoc”) Follow-up conversation with the requesting person Unknown Other (please indicate)

A-18 Implementing the U.S. DOT Reasonable Modification Rule Other Implementation Observations Implementation Experience (Continued) TCRP Synthesis J-07/Topic SB-31: Implementing the US DOT Reasonable Modification Rule If yes, please describe. If possible, please estimate the magnitude of each pattern (e.g., number or percent of these types of requests) 26. Since July 2015, have you noticed any patterns in, or typical types of, reasonable modification requests received? Yes No 27. What challenges has your agency experienced in implementing its reasonable modification policy/process? (check all that apply) Difficulty in determining whether a requested modification would fundamentally alter the nature of the transit system’s services, programs or activities Difficulty in determining whether a requested modification would create a direct threat to the health or safety of others Difficulty in determining whether, without the requested modification, the individual with a disability is able to use the transit system’s services, programs, or activities for their intended purpose Time involved in processing requests Communicating approved modifications to appropriate front-line personnel Inconsistencies in how front-line personnel provide modifications Inconsistencies in how back office personnel respond to reasonable modification requests No known challenges to date Other (please indicate)

Survey Instrument A-19 28. What benefits has your agency experienced in implementing the policy/process? (check all that apply) Our transit agency is able to meet more transportation needs As a result of fixed-route modifications, existing ADA paratransit riders have shifted some of their travel from paratransit to fixed route No known benefits to date Other (please indicate) 29. Since July 2015, based on your organization’s experience in implementing your reasonable modification policy/process, is your organization considering, or has your organization made, any changes/updates to policies or procedures? (check all that apply) Changes to our reasonable modification policy or procedures Changes to our fixed route operating policies or procedures Changed the primary ADA paratransit policy or base mode from curb-to-curb to door-to-door Other changes to our ADA paratransit operating policies or procedures Changes to our general public demand response operating policies or procedures Changes to other service operating policies or procedures Unknown 30. If such changes have been made, or are being considered, please describe. 31. Since July 2015, has your transit agency been involved in any litigation concerning reasonable modification issues? No Unknown Yes (please indicate circumstances and outcome of the litigation)

A-20 Implementing the U.S. DOT Reasonable Modification Rule Service Characteristics TCRP Synthesis J-07/Topic SB-31: Implementing the US DOT Reasonable Modification Rule 32. Do you provide ADA complementary paratransit services? Yes No (please skip to question 35) 33. What is your base mode for providing ADA paratransit? (check one) Curb-to-curb Curb-to-curb with door-to-door upon request Door-to-door Door-through-door Other (please describe) 34. Does your ADA paratransit eligibility determination process and operating practice apply conditional eligibility? (check one) Yes No Other (please describe)

Survey Instrument A-21 Service Characteristics (Continued) TCRP Synthesis J-07/Topic SB-31: Implementing the US DOT Reasonable Modification Rule 35. What other types of services does your transit system provide? (check all that apply) Light rail/streetcar Heavy rail/subway Heavy rail/commuter rail Fixed route bus Bus rapid transit Commuter bus Intercity bus Flag stops on fixed routes – buses will stop for passengers waiting at locations that are not marked by a bus stop sign Fixed routes with deviations upon request General public demand response/no fixed routes Other service types (please indicate)

A-22 Implementing the U.S. DOT Reasonable Modification Rule None 1 to 49 50 to 99 100 to 199 200 to 499 500 to 1,000 More than 1,000 Rail (including light rail, heavy rail, commuter rail, streetcar rail. etc.) Fixed-Route Bus (including commuter bus, bus rapid transit, intercity bus, etc.) Demand-Response (including ADA paratransit, general public demand- response, etc.) 36. Approximately how many peak vehicles does your transit system operate (including any contract operators) across all services for each of the following mode categories?

Survey Instrument A-23 Organizational and Operating Environment TCRP Synthesis J-07/Topic SB-31: Implementing the US DOT Reasonable Modification Rule 37. Does your agency contract out for any transit operations or management functions? Yes No (please skip to question 39) 38. If yes, which of the following services or functions are provided under contract (either in full or in part)? (check all that apply) Rail operations Fixed-route bus operations ADA paratransit operations ADA paratransit eligibility certification ADA/accessibility management General public demand-response operations Other service operations Customer service call center 39. How would you characterize your transit agency’s primary service area? Rural/small town – Less than 50,000 population Small urban – 50,000 to 199,000 population Large urban – 200,000 to 1 million population Metro region – More than 1 million population

A-24 Implementing the U.S. DOT Reasonable Modification Rule 40. Which of the following environmental characteristics frequently impact the accessibility of your transit services? This question is asked because these characteristics may impact the need for reasonable modifications regarding bus stop locations and assistance between the curb and the door to a passenger’s trip origin or destination. Extreme temperatures Snow/ice Mountainous terrain Steep sidewalk slopes Lack of sidewalks Curb ramp accessibility issues Other sidewalk/bus stop accessibility issues Other (please indicate)

Survey Instrument A-25 Additional Information TCRP Synthesis J-07/Topic SB-31: Implementing the US DOT Reasonable Modification Rule 41. Are there aspects of the US DOT reasonable modification rule about which you would like additional guidance or technical assistance? (As a reminder, answers will not be attributed to specific respondents. This question is asked to get a sense of technical assistance needs among transit agencies in general.) No Yes, please describe. 42. Would you be willing to talk with one of the research team members about your survey responses or possibly serve as a case example? Yes Maybe No 43. If Yes or Maybe, whom should we contact? Same person as identified at the beginning of the survey under Contact Information Someone else; please let us know who (Name, Phone, Email) Thank you very much for your time and information! Please feel free to contact the principal investigator if you have any questions or comments on the survey or the project: Beth Hamby, KFH Group, at bhamby@kfhgroup.com or at (206) 274-5996.