While this requirement is not a new obligation for public transportation entities receiving Federal financial assistance…courts have identified an unintended gap…The real-world effect will be 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. For example, an individual using a wheelchair who needs to access the bus will be able to board the bus even though sidewalk construction or snow prevents the individual from boarding the bus from the bus stop; the operator of the bus will need to slightly adjust the boarding location so that the individual using a wheelchair may board from an accessible location.
INARF is happy to hear of this final rule. The modification/accommodation requirements will allow Hoosiers with Disabilities to better access the community and/or supports consistently through the entire calendar year. While the rule does not specific what, exactly, the process must entail the DOT does reserve the right to review any of the processes as part of its normal oversight.