U.N. Disabilities Treaty moves forward This Week In The U.S. Senate, But Future Is Uncertain

The movement to ensure that people with disabilities are treated fairly throughout the world moved forward a bit this week via a Senate vote. On Tuesday, the chamber voted to move the United Nations Convention on the Rights of Persons with Disabilities to the floor for a debate by a 61-36 vote.

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is a treaty that would extend the rights granted by the Americans with Disabilities Act to people with disabilities throughout the globe, no matter where they are living.

“Travelers abroad, Americans living and work abroad, would receive protection around the world,” Gary Arnold, of Access Living, told Progress Illinois.

In 2006, the treaty was originally adopted by the United Nations as a result of organized efforts around the world to create an international document that recognizes disabilities rights globally.

“That process took about four or five years, but it was lightning speed in U.N. time. It was the first international human rights treaty in the new millennium,” Marca Bristo, president and chief executive officer of Access Living, said in an interview with Progress Illinois.

In 2009, the United States signed the treaty by way of President Barack Obama. The convention has been signed by 154 counties and ratified by 126. In order for the U.S. to ratify it, the treaty needs a two-thirds majority Senate vote.

Because the U.S. has signed but not ratified the treaty, Bristo says America can’t appoint anyone to serve on the U.N.’s committee on disabilities.

“The United States, which has the best practices, has to sit on the sidelines because we aren’t a ratified country. Our best practices and many years of experience can’t be implemented because we haven’t been ratified,” Bristo said.

While Congress is currently in the throes of negotiating a solution to the fiscal cliff, Arnold says a Senate vote on the treaty may come as soon as next week.

“We’re anticipating a final vote next week on it, so we’re anticipating it won’t be pushed aside because of the fiscal cliff. There’s been a lot of negotiations on the vote,” Arnold said. “December 3rd is actually the official international day of disability rights. We don’t know if a vote will come then, but it would be serendipitous if it did.”

In addition to Access Living, more than 300 disability organizations, 21 veteran organizations and 30 faith organizations support full ratification of the treaty.

The United States Chamber of Commerce and former Republican Senator Bob Dole also support the treaty. Bristo praised Dole’s advocacy efforts, which she said he conducted from his hospital bed last week. But some current Senate Republicans may be poised to vote against ratification.

Back in September, 36 Senate Republicans signed a letter opposing a vote on the treaty during the lame-duck session and expressed concerns about giving the U.N. discretion on the issue of international disability rights for U.S. citizens. If those who signed the letter vote against the convention, that will be enough votes to prevent ratification.

Even still, supporters of the treaty are optimistic about garnering enough bipartisan support in the Senate for it to pass.

"Ratification of the CRPD is the next advance in the bipartisan march towards increasing the freedom of all Americans with disabilities,” Tony Coelho, board member of the United States International Council on Disabilities (USICD) and a former Democratic congressman, said in a news release.

Coelho was the primary sponsor of the Americans with Disabilities Act, which was signed into law by President George H.W. Bush in 1990.

The law explicitly prohibits discrimination of persons with disabilities in the areas of employment; public entities at the local and state level; public accommodations, such as inns or hotels; and the telecommunications industry, which must accommodate deaf or hard-of-hearing consumers.

In 2008, President George W. Bush signed an amendment to the law that broadened the definition of disability and changed how statutory terms are implemented. Namely, the law now focuses “on discrimination at issue instead of the individual's disability,” according to the law's summary.

Both the original law and the 2008 amendment passed with bipartisan support and the convention will need backing from both sides of the aisle this time around to pass the two-thirds majority vote threshold.

“Disability policy has always been bipartisan. We have a bipartisan team moving this forward,” Bristo said. “We’ve had incredible support among both sides of the aisle. This is a crowning achievement for America. This treaty takes it to a whole different level.”

No changes in U.S. law are required in order to comply with the treaty.

Progressive Illinois
Article by Jon Graef Friday November 30th, 2012
Aricka Flowers contributed to this story.

http://progressillinois.com/quick-hits/content/2012/11/30/un-disabilities-treaty-makes-headway-us-senate-though-future-uncertain

Chicago: Caroling at Cloud Gate 2012 - info, accessibility. resources...

Celebrate the holidays in Millennium Park, when Caroling at Cloud Gate returns on Friday evenings from November 23 through December 21, 2012 at 6 PM during the holiday season. This free program, presented by the Chicago Department of Cultural Affairs and Special Events showcases Chicago choral groups and invites visitors to participate in a holiday sing-along.

Now in its seventh season, Caroling at Cloud Gate has become a cherished tradition in Chicago, with hundreds of singers gathering each week in the Park. Following the 50-minute caroling session, everyone is encouraged to skate at Millennium Park’s McCormick Tribune Ice Rink, one of the most popular winter destinations in the city.

Schedule is listed below:
Friday, November 23 - Windy City Gay Chorus & Aria
Friday, November 30 - Merit Conservatory Choir
Friday, December 7 - Chicago Children’s Choir
Friday, December 14 - Janet Sutton and The Voices of ACME
Friday, December 21 - Apollo Chorus of Chicago

Hours:
Fridays, November 23- December 21, 6 – 6:50 PM

Note: Performance may be shorter due to extreme cold conditions

Accessibility:
The following services are available:

Wheelchair loans in the Millennium Park Welcome Center, 201 E. Randolph St.
Integrated spaces for wheelchair seating at the Jay Pritzker Pavilion
Wheelchair accessible restroom facilities
Assisted listening devices at the Jay Pritzker Pavilion Sound Booth

Public Transportation:
For travel information, visit www.transitchicago.org

Location:
Millennium Park, Chase Promenade Central
N. Michigan Ave. & E. Randolph St.
Chicago, IL 60602

http://www.cityofchicago.org/city/en/depts/dca/supp_info/caroling_at_cloudgate.html

White House World AIDS Day Event Nov 29, 2012 - Secratary Kathleen Sebelius

White House World AIDS Day Event

November 29, 2012
Washington DC

Secratary Kathleen Sebelius
U.S. Department of Health & Human Services;

Thank you for that kind introduction.

Valerie just described a historic shift in our fight against HIV/AIDS.

Our National Strategy has given a new sense of direction and purpose to our domestic response. And we have made it a priority to intensify our efforts in the communities that have been hardest hit by this disease.

Approximately half a million people living with HIV are being served through our Ryan White Programs. The Centers for Disease Control and Prevention report that in the first three years of their expanded HIV-testing initiative, they provided nearly 2.8 million HIV tests and diagnosed more than 18,000 people unaware of their infection. As a result, an estimated 3,300 new infections were prevented among their partners.

We’re also taking steps to improve how we evaluate our programs. I have asked our department’s senior leaders to identify and implement a set of seven common core program indicators. This data will allow us to make sure our HIV programs are reaching the right people with the right services.

Our department has also used new media to build a cutting-edge response, targeting HIV prevention and testing messages to the people who need them most. We are reaching out through channels like AIDS.gov to meet people where they are, educate Americans about HIV, and reduce stigma and discrimination.

That’s more important than ever at a time when we know youth accounted for nearly 26% of all new HIV infections diagnosed in 2010. The majority of these infections were diagnosed among young black and Hispanic men who have sex with men. And it is another reminder of just how important it is make sure we continue getting young men and women tested – while improving their access to prevention, treatment, and care.

The good news is that today more Americans have better access to these life-saving interventions than ever before.

For years, we had a health insurance market in which insurers made profits by trying to avoid sick people. This was great for insurance companies, but it was terrible for the people with the greatest health needs, including those living with HIV/AIDS. In effect, the people who needed health insurance the most were the ones shut out of the market.

This wasn’t right, and the Affordable Care Act is bringing these days to an end.

Starting in 2014, the law bans insurance companies from turning anyone away because of their health status. Already the law provides protection from some of the worst insurance company abuses. For example, it is now illegal for insurance companies to deny coverage to children living with HIV/AIDS. And your insurance company can no longer put a lifetime dollar cap on your benefits, or cut your coverage when you get sick because of an error on a form.

In the past, we had reports about an insurance company that was using a computer program to search the applications of anyone recently diagnosed with HIV, looking for any excuse to cancel their coverage. Now, that practice is gone for good.

In the years to come, the Affordable Care Act will expand Medicaid so that it will be available to many more Americans with HIV/AIDS, including adults without children. As a result, many people living with HIV will no longer have to wait for an AIDS diagnosis to become eligible for Medicaid. And the law is investing in community health centers, and increasing access to testing, treatment, and care -- especially in underserved areas.

What these reforms mean is that far more Americans with HIV/AIDS will be able to get coverage they can count on through Medicaid or the private insurance market. But we have also begun to see another change taking place thanks to the health care law. And that is a new focus on the quality of care people receive once they’re covered.

That starts by making prevention a priority. The law helps eliminate barriers to HIV testing by requiring most private plans to cover HIV testing for women and individuals at high risk at no cost to the patient out-of pocket. They are also now required to cover with no co-pay many other recommended services, like flu shots or mammograms, that will help people living with HIV stay healthy.

In addition, the health care law provides long overdue relief from prescription drug costs for Medicare beneficiaries. Beneficiaries with HIV/AIDS often quickly hit the prescription drug coverage gap known as the donut hole. Now, when they do, they get a 50 percent discount on their brand-name drugs. And if the AIDS Drug Assistance Program covers their medicines, those payments will count toward moving beneficiaries through the donut hole -- so they don’t get stuck there.

Finally, the Affordable Care Act has made a series of investments to help providers support patients with chronic diseases like HIV/AIDS.

For example, under the law, states can receive extra federal funding -- an enhanced 90% federal match in the first two years -- to support coordinated care through “health homes” for Medicaid beneficiaries with chronic health needs. The goal of a Health Home is to treat the whole person, coordinating all their care from primary and acute care to behavioral health and long-term services.

With our guidance, New York and Oregon have already established health homes specifically to serve individuals living with HIV/AIDS. And we continue to work with other states on their proposals. Today, I am proud to announce that we will be issuing a rule to explicitly include HIV/AIDS on the list of chronic conditions that every state may target in designing effective Health Homes. This will help more states adopt the kind of innovations that we know can improve the care and health of people living with HIV/AIDS.

These are all big steps forward. But we will continue to need the Ryan White program to fill in the gaps of our health insurance system. And we will keep reaching out to providers and community leaders on the frontlines to make sure those programs remain strong.

When President Obama took office four years ago, our nation’s fight against HIV/AIDS had nearly stalled. The number of new infections had plateaued while the general public’s concern about the disease continued to fade.

But we are here today because we refused to accept those trends. Over the last four years, we looked closely at how and where we were using our resources. And together, we made a commitment to help the best approaches reach those most in need.

Out of that collaboration came a powerful national strategy. And today, it provides a roadmap for the months and years ahead. But in order to achieve these goals we will need your continued leadership.

So today, I want to ask you to keep your foot on the accelerator. If we are going to reach our ultimate goal of an AIDS-free generation, we must all challenge ourselves to do more. We need your expertise, your best practices, and your collaboration to make the most of the Affordable Care Act and to realize the goals of the National HIV/AIDS Strategy.

Together, we can raise awareness to new heights and make our programs even more effective. We can push the boundaries of science even further. And we can help even more people get the support, treatment, and care they need to live long and healthy lives.

###
http://www.hhs.gov/secretary/about/speeches/sp20121129.html

U.S. Access Board Webinar on Accessible Medical Diagnostic Equipment (December 6) - Pre-register

The next webinar in the Board's monthly series will take place December 6, 2012 from 2:30 – 4:00 (ET) and provide an update on the Board’s development of new accessibility standards for medical diagnostic equipment. These standards will address access to examination tables and chairs, weight scales, mammography equipment, and other equipment used for diagnostic purposes.

To register for this free webinar, visit www.accessibilityonline.org.
Questions for the webinar can be submitted in advance through this website.

For the U.S. Access Board: http://www.access-board.gov/

Jacksonville Developmental Center is CLOSED - NOV 29, 2012

FOR IMMEDIATE RELEASE- November 29, 2012

Governor Quinn Announces Successful Community Transition
for Jacksonville Developmental Center Residents Historic Milestone for Improving the Lives of Individuals with Developmental Disabilities and Mental health Challenges in Illinois

SPRINGFIELD, IL. – November 29, 2012. Governor Pat Quinn today announced that the remaining residents at the Jacksonville Developmental Center (JDC) have transitioned to community care. The moves are part of the governor’s rebalancing initiative to increase community care options for people with developmental disabilities and mental health challenges while reducing the number of outdated institutions in Illinois.

“Today is a historic step forward in our effort to improve the quality of life for citizens with developmental disabilities and mental health challenges in Illinois," Governor Quinn said. "I thank all of the family members and committed advocates who worked together to make this transition safe and responsible. I am committed to strengthening community care in Illinois and helping to ensure that all people have an opportunity to reach their full potential."

“Numerous studies show that individuals living in the community have a better quality of life than those living in institutions,” said Illinois Department of Human Services (IDHS) Secretary Michelle R.B. Saddler. “The closure of JDC is major progress for Illinois and how our state cares for people with developmental disabilities. I would like to commend the governor for his extraordinary leadership and thank our many advocates for their continued support on this important issue."

Each JDC resident went through a thorough, person-centered planning process, including assessment, consultation with families and guardians, and planning sessions with providers to determine needs and ensure safe transitions. Community settings allow individuals to receive the care they need, including 24-hour care. Community care is also significantly less costly than institution-based care. The average cost for JDC was $200,000 per year per resident while the average cost for a JDC resident living in the community is $84,000 per year.

JDC currently costs the state approximately $27.9 million per year to run. After accounting for state costs under community care, Illinois will realize approximately $11.7 million per year in savings, after $16.2 million in community investment. All AFSCME employees were offered other positions within state government. Of the 310 AFSCME employees at JDC, 130 filled positions at IDHS and other state agencies, eight decided to retire and 172 employees chose the layoff option.

In 2011, Governor Quinn announced his commitment to rebalance Illinois’ use of institutionalization for the care of people with developmental disabilities and provide more community care options. Illinois has lagged behind the rest of the nation in the utilization of person-centered, community-based care. Community-based care has been proven to empower people with developmental disabilities to lead more active, dynamic lives. The governor's Rebalancing Initiative dovetails with the administration’s recent settlement of a series of court cases related to the Americans with Disabilities Act, requiring the expansion of community care settings.

http://www3.illinois.gov/PressReleases/ShowPressRelease.cfm?SubjectID=2&RecNum=10744

Hiring a Personal Care Assistant - article

By Guest Blogger Ruth Harrigan, Esq.

I jokingly tell friends that when I hire a personal care assistant, I’m hiring an arm and a leg. This is because I have quadriplegia, paralysis in all four limbs, as the result of a spinal cord injury. When I hire an assistant, I seek someone who can help me with everything from meal preparation and personal care to paperwork assistance relative to my own employment.

Having a good personal care assistant – someone who is reliable, caring and flexible – has a real impact on my quality of life. Finding someone like this involves a process that includes placing ads, sorting through applications, completing several interviews and making the best choice I can from among those who apply. Because my career as an attorney requires time and attention, I’ve learned how to streamline this process without losing sight of the fact that spending a little extra time during the hiring process can save me a lot of aggravation later on.

I begin the process by drafting an ad in which I list what the job pays per hour, which is higher on weekends, and work shifts I need to fill. I always emphasize how the applicant must have reliable transportation to get to the job and to run errands, and that a criminal background check and references are mandatory.

Describing what my assistant will be doing helps eliminate applicants who aren’t going to be flexible. For example, I‘ve received responses from people who will do meal preparation, but no light housekeeping. This helpful information helps me screen people out, because I need those who are willing to do both since I can’t do either. Your situation might be different. Perhaps you have a relative who can bring meals over or do the tasks a personal care assistant doesn’t want to do. Still, I strongly advise caution when hiring anyone who wants to do only certain tasks. Be sure to find out if that prospective aide is willing to set aside preferences during emergency situations.

After several decades of hiring personal care assistants, I’ve learned ways to assess whether a person will be flexible and responsible. I set up an initial phone call with qualified applicants I’ve chosen from the ad response and explain job duties in more detail. I ask about other jobs and responsibilities that would affect their availability, and if they have related experience working with someone with a disability. These questions often elicit answers that eliminate people. For example, if someone already has three other jobs and I know I’ll need occasional backup, it’s unlikely they’ll be available to meet that need. Applicants have rarely thought all this through and my questions help them do that.

After the initial phone interview, I call back at a random time to set up a personal interview rather than setting one up during our first conversation. I’ve discovered all kinds of things from doing it this way. Some people don’t check voice messages or respond for days, which tells me they aren’t as available as they claim. Once in a while someone will question why I expect them to do “another interview.” Of course, I never hire anyone who will not meet with me in person and neither should you!

By this time, I’m getting a feel for whether I’d be comfortable working with this person. Each personal care assistant I hire requires a different approach. Some need to be micromanaged, while others can work well from a written list. Every now and then, I’m fortunate enough to find someone who cannot only work independently, but also follow written and verbal instructions. These are important qualities for me, since I have to delegate tasks while I’m busy working.

Much of the interaction during our in-person interview reveals the applicant’s personality style. I ask for assistance to discover if he or she follows my directions or becomes frustrated at having to do it according to my preferences and needs. Does the person remain pleasant while assisting me? Inexperience is one thing, but an inability to complete a simple task with a pleasant way helps me decide whom to hire, or not.

All of this may sound overwhelming, but keep in mind that over time you’ll be better able to spot who will meet your needs. Even if you start with a pool of 40 applicants, which isn’t unusual, it will become easier to zone in on five people who are potential hires after going through this process more than once.

Set boundaries from day one. This means not only not being taken advantage of, but also not taking advantage of your assistant. For example, neither should borrow money from each other. Plan your care carefully so emergency calls for help outside their hours are rare. Be clear about how you like things done, but don’t be petty. Don’t be afraid to cut short personal conversations if you hire a chatty person who likes to talk more than work. After all, you’re paying the person to do a job. On the other hand, keep in mind that you’re an employer and if the person comes to you with a personal problem, you’ll need to address it if it affects their job performance.

A personal care assistant may be one of the most important resources available to you as someone with a disability. It may seem obvious, but treat your assistant as you’d like to be treated and then expect the same in return. Both your lives will be enriched if you cultivate an atmosphere of mutual respect from the very beginning.

Ruth Harrigan is an attorney with a B.A. from Rutgers College and a J.D. from Wayne State University. She is a member of the NJ Coalition for Inclusive Ministries and started her blog, Wheelie Catholic, to raise awareness of the need for inclusion of people with disabilities. Ruth also writes poems, essays and fiction about disability issues, which can be read on her other blog, A Different Light. Ruth enjoys skiing and was nationally ranked as a wheelchair tennis player.

As posted at Disability.gov:
http://usodep.blogs.govdelivery.com/2012/11/28/hiring-a-personal-care-assistant/

Marc D. Guthrie Appointed to the U.S. Access Board | Nov 2012

President Barack Obama has named Marc D. Guthrie of Newark, Ohio to the U.S. Access Board. Guthrie is the Director of Development and Advocacy for the American Council of the Blind of Ohio and an at-large member of the Newark City Council. He previously served as a member of the Access Board from 1996 to 2005 and as Executive Director of United Cerebral Palsy of Central Ohio from 1995 to 2001. Elected offices in Ohio previously held by Guthrie include President of the Newark City Council, Heath City Councilman, County Commissioner in Licking County, and State Representative from the 77th House District for six terms. As a state legislator, Guthrie authored Ohio’s early intervention law for pre-school age children with disabilities. He also was appointed Administrator of Business and Human Resources for District Five of the Ohio Department of Transportation by Governor Ted Strickland in 2009.

The U.S. Access Board is an independent Federal agency that provides leadership in accessible design under the ADA and other laws. Its governing Board is structured to function as a coordinating body among Federal agencies and to directly represent the public, particularly people with disabilities. The Board is comprised of 13 members from the public appointed by the President and representatives from 12 Federal departments.

Illinois Legislature delays vote on legalizing medical marijuana | Nov 28, 2012

(Reuters) - The Illinois General Assembly on Wednesday put off a vote to legalize marijuana use for medical purposes because the measure lacked the support for approval, its chief sponsor said.

Democratic Representative Lou Lang did not request a vote on his proposal because he did not want it to fail.

"He didn't call it because he was short of the votes," said Lang's spokeswoman, Beth Hamilton. Lang had earlier predicted the measure would pass if a few undecided members shifted to support.

The proposal for a three-year pilot program would make Illinois the second most populous state in the nation after California to allow medical marijuana. Nineteen states and the District of Columbia have legalized medical marijuana. Colorado and Washington state voters decided on November 6 to allow recreational use of cannabis.

Lang said he could try again to pass the proposal when the Illinois legislature meets in early December.

The Illinois bill would be the most restrictive in the country, according to Lang.

Some Republicans in the Illinois House said they opposed legalizing medical marijuana because it could be a "gateway drug" to abuse of other illegal substances. Others said they were not convinced that the benefits of smoking marijuana for certain medical conditions outweighed the potential negative consequences.

Under the Illinois bill, patients would have to be diagnosed with one of 30 debilitating medical conditions, register with the Department of Public Health and have written certification from their physician. Patients would be limited to no more than 2.5 ounces (70 grams) of marijuana every two weeks.

Under U.S. federal law, marijuana is considered an addictive substance and distribution is a federal offense. Federal law prohibits physicians from writing prescriptions, so many have issued "referrals" or "recommendations." The administration of President Barack Obama has discouraged federal prosecutors from pursuing people who distribute marijuana for medical purposes under state laws.

By Renita Young
SPRINGFIELD, Illinois | Wed Nov 28, 2012
(Editing by Greg McCune, Mohammad Zargham and Leslie Adler)

Equip for Equality Victory Allows Kindergartner with Autism to Remain in Her Neighborhood School

[Nov 2012] Equip for Equality recently achieved a due process victory on behalf of Angela, a six year old girl with Autism, allowing her to remain in her neighborhood kindergarten classroom in Lanark Illinois, located in Northwestern Illinois. Eastland school district wanted to transfer Angela to a segregated school 30 miles away from her home. Concerned that Angela would be forever segregated from her community peers, Angela's mother wanted her daughter to learn alongside other children from her town, to make friends with children who could be communication role models, to play with classmates who did not share her socialization difficulties and, most importantly, to continue to be a part of her school community.

Equip for Equality represented Angela at a five-day due process hearing and obtained an order that will allow Angela to become a full member of the kindergarten class at her town's elementary school. In addition, Angela will receive needed supports and services to foster her success in the general education setting.

To enable Equip for Equality to help more students with disabilities, please support the Equality for Kids Campaign:
https://www.z2systems.com/np/clients/efe/donation.jsp?campaign=1935626429&test=true

For Equip for Equality: http://www.equipforequality.org/

U.S. ADA PARATRANSIT SERVICES - Demand Has Increased, but Little is Known about Compliance | Report GAO Nov 2012

U.S. Government Accountability Office (GAO)
GAO-13-17, Nov 15, 2012

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.

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 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.


Recommendations for Executive Action

Recommendation:To help ensure that FTA's ADA paratransit compliance reviews adhere to GAO recommended internal controls and grantee oversight best practices, the Secretary of Transportation should direct the FTA Administrator to document and make publicly available a formal selection approach for selecting transit agencies for review.
Agency Affected: Department of Transportation: Federal Transit Administration
Status: In Process
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: To help transit agencies and stakeholders have access to up-to-date ADA paratransit compliance reviews and compliance findings, the Secretary of Transportation should direct the FTA Administrator to 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.
Agency Affected: Department of Transportation: Federal Transit Administration
Status: In Process
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation:o improve NTD data collection for ADA paratransit,the Secretary of Transportation should direct the FTA Administrator to provide guidance to transit agencies on how to accurately complete existing ADA paratransit fields.
Agency Affected: Department of Transportation: Federal Transit Administration
Status: In Process
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

TO VIEW REPORT (PDF, 45 PAGES) :
http://www.gao.gov/assets/660/650079.pdf


http://www.gao.gov/products/GAO-13-17