Reasonable Accomodation Requests

SARTA is committed to enhancing the quality of life in Stark County by providing equality to all members of the community. SARTA offers safe, dependable, cost-effective, and customer-focused transportation.  SARTA wants to ensure that no person be excluded or denied the benefits of public transportation.  As a result SARTA complies with both the Americans with Disabilities Act and Title VI.

The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in several areas, including employment, transportation, public accommodations, communications and access to state and local government’ programs and services. ADA also states that accommodations, within reason, must be made for those whose physical abilities prohibit them from otherwise accessing services.

Reasonable Accommodation

How To Request a Reasonable Modification

Whenever possible, the passenger should make requests for modification and allow SARTA an opportunity to determine whether the request will be granted in advance. Requests do not necessarily need to be in writing.

By Form

Complete this form and mail, fax, e-mail or deliver to:

SARTA

Director of Human Resources

1600 Gateway Blvd SE Canton, OH 44707

DIRECTIONS

FAX: (330) 454-5476

EMAIL: adacomplaint@sartaonline.com

During Service

When requests for reasonable modification cannot be practicably made and determined in advance, a SARTA staff member will make a timely determination so long as such actions do not result in a direct threat or fundamental alteration of services.

If the request occurs at the time of service, SARTA and/or a staff member may make a determination. Such determinations are made on a non-precedent setting basis based upon the facts and circumstances unique to that request.

What Is Reasonable Modification

Reasonable Modification means that “the nature of an individual’s disability cannot preclude a public transportation entity from providing full access to the entity’s service unless some exception applies.” SARTA will make reasonable modifications in policies, practices or procedures when such accommodations are necessary to avoid discrimination on the basis of disability unless the recipient can demonstrate that making the accommodation would fundamentally alter the nature of the service, program, or activity or result in undue financial and administrative burden.

In determining whether to grant a requested modification, the Stark County Regional Transit Authority (SARTA) will be guided by the provisions of the United States Department of Transportation regulations and guidance provided in Appendix E of Title 49 CFR Part 37.

How Accommodations Are Determined

In determining whether to grant a requested modification, the St ark County Regional Transit Authority (SARTA) will be guided by the provisions of the United States Department of Transportation regulations and guidance provided in Appendix E of Title 49 CFR Part 37.

Overview

Requests for reasonable modifications will be considered as follows:

  1. A passenger requesting a reasonable modification will be required to describe what the passenger believes is needed in order to use SARTA’s transportation service(s). The passenger is not required to use the term “reasonable modification” when making a request. The request for modification can be for any of the transportation services provided by SARTA.
  2. The reasonable modification policy applies to individuals who are disabled under the ADA.

SARTA has designated the following individual to be responsible for handling requests for modification and procedures pertaining to the appeals of such decisions:

Requests made during the ADA eligibility process.

Requests made through eligibility will have determinations processed along with the eligibility determinations within 21 days for new applicants and with the renewal determination for requests made during the recertification process.

ADA Complaints

Appealing A Denial

If an initial request for modification is denied, SARTA will to the fullest extent possible, take any other actions and/or find a suitable alternative to ensure that the passenger with a disability receives the services provided.If a request for reasonable modification is denied, the passenger may file an appeal known as an ADA complaint.

Requests for modifications of policies and practices can be denied due to one or more of the following reasons:

  1. Granting the request would fundamentally alter the nature of the transportation services, programs or activities;
  2. Granting the request would create a direct threat to the health or safety of others;
  3. Without the requested modification, the individual with a disability is able to fully use the services, programs, or activities for their intended purpose;
  4. Request creates an undue financial and administrative burden.

SARTA’s ADA Complaint Process

SARTA has established a process for investigating and resolving appeals. A form is available on our website or by request and includes the procedures by which SARTA processes and responds to appeals.

  1. Upon receipt, all appeals will be date-stamped and referenced to the Civil Rights Manager for review and consideration. The Civil Rights Manager may choose to:
    1. Affirm the determination;
    2. Reverse the determination;
    3. Authorize a specific trip request that was denied;
    4. Refer the appellant for in-person assessment by a consultant;
    5. Schedule the matter for a hearing; or
    6. Cancel or modify the provision of service.
  2. Within 10 days after receipt of the appeal, a letter will be sent to the passenger that includes the following:
    1. Acknowledgement that the appeal has been received;
    2. The date by which a response will be sent to the passenger;
    3. Whom to contact if the passenger does not receive a response by that date;
    4. If a hearing is requested by the passenger, the date, time and location of the hearing.
  3. The designated staff member will investigate the appeal and respond with a decision in writing within a reasonable time, not to exceed 30 days from receipt of the appeal (or 30 days from the date of the hearing if one is requested).