42 U.S.C. § 12143 — Paratransit as a complement to fixed route service

(a) General rule. For purposes of section 12132 and section 794 of title 29, a public entity^* operating a fixed-route system, other than one providing only commuter bus service, commits discrimination if it fails to provide paratransit and other special transportation services under this section for individuals with disabilities, including wheelchair users, at a level (1) comparable to the designated public transportation^* provided to people without disabilities using the system, or (2) for response time, comparable as far as practicable to that transportation.

(b) Issuance of regulations. Within 1 year after July 26, 1990, the Secretary^* had to issue final regulations carrying out this section.

(c) Required contents of regulations. (1) Eligible recipients of service. The regulations must require each public entity operating a fixed-route system to provide the required paratransit and special transportation services (A)(i) to an individual with a disability^* who, because of a physical or mental impairment, including a vision impairment, cannot, without another person's help except an operator of a wheelchair lift or other boarding-assistance device, board, ride, or get off any vehicle on the system that is readily accessible to and usable by individuals with disabilities; (ii) to an individual with a disability who needs a wheelchair lift or other boarding-assistance device, and can board, ride, and get off with that assistance, if the person wants to travel on a system route during the system's operating hours at a time, or within a reasonable period of that time, when an accessible vehicle is not being used to provide designated public transportation on that route; and (iii) to an individual with a disability who has a specific impairment-related condition that prevents the person from traveling to a boarding location or from a disembarking location on the system. (B) The services must also be provided to one person accompanying the individual with a disability. (C) They may also be provided to additional accompanying people if space is available on the paratransit vehicle and transporting them will not deny service to individuals with disabilities. For clauses (i) and (ii), boarding or getting off a vehicle does not include traveling to the boarding location or from the disembarking location. (2) Service area. The regulations must require these services throughout each public entity's service area, except any part where the entity provides only commuter bus service. (3) Service criteria. Subject to paragraphs (1) and (2), the regulations must establish minimum service criteria for deciding the required service level. (4) Undue financial burden. The regulations must provide that, if the public entity proves to the Secretary that the otherwise-required services would impose an undue financial burden, the entity, despite other provisions of this section except paragraph (5), is required to provide the services only to the extent that doing so would not impose that burden. (5) Additional services. The regulations must establish when the Secretary may nevertheless require the entity to provide services beyond the level otherwise required under paragraph (4). (6) Public participation. The regulations must require each public entity operating a fixed-route system to hold a public hearing, allow public comments, and consult individuals with disabilities while preparing its plan under paragraph (7). (7) Plans. The regulations must require each such entity (A) within 18 months after July 26, 1990, to submit to the Secretary and begin implementing a plan meeting this section's requirements for providing the services; and (B) every year afterward to submit to the Secretary and begin implementing a plan for providing those services. (8) Provision of services by others. The regulations must (A) require a plan to identify any person or other public entity already providing paratransit or other special transportation for individuals with disabilities in the plan's service area; and (B) provide that the entity submitting the plan does not have to provide that service under the plan. (9) Other provisions. The regulations must include any other provisions and requirements the Secretary decides are necessary to carry out this section's goals.

(d) Review of plan. (1) The Secretary must review each submitted plan to decide whether it meets this section and the regulations. (2) If the plan does not meet those requirements, the Secretary must disapprove it and notify the submitting public entity of the disapproval and the reasons. (3) Within 90 days after disapproval, the submitting entity must modify the plan to meet the requirements, submit the modified plan to the Secretary, and begin implementing it.

(e) "Discrimination" defined. As used in subsection (a), "discrimination" includes (1) an entity's failure to submit or begin implementing a plan as required by subsections (c)(6) and (c)(7); (2) its failure to submit or begin implementing a modified plan as required by subsection (d)(3); (3) submitting a modified plan under subsection (d)(3) that does not meet this section's requirements; or (4) failing to provide the paratransit or other special transportation services described in the submitted plan or modified plan. This section does not otherwise define "discrimination."

(f) Statutory construction. Nothing in this section prevents a public entity from providing paratransit or other special transportation services at a higher level than this section requires, providing additional such services, or providing the services to additional individuals.