Reasonable Modification and Accommodation Request

At Arrowhead Transit, we are committed to providing equal and effective access to public transportation services for individuals with disabilities. In compliance with the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973, we ensure that reasonable modifications are made when necessary to offer equal opportunities and access.

What is a Reasonable Modification?

A reasonable modification is a change in our policies, practices, or procedures to accommodate individuals with disabilities, ensuring they have equal access to services, programs, and activities provided by Arrowhead Transit. A reasonable accommodation is a similar adjustment but focused on ensuring equal access and participation in the transit system. See the full Arrowhead Transit Request a Reasonable Modification policy HERE.

Requesting a Reasonable Modification

If you require a reasonable modification to access our transit services, please complete the form below. You will need to provide the necessary details regarding your request, including:

• The type of modification needed
• A description of the disability-related issue
• How the modification will help you access our services

See the full Arrowhead Transit Request a Reasonable Modification Procedure HERE.

How to Submit Your Request:

1. Complete the Request Form – Provide details of the modification or accommodation you are requesting.
2. Submit the Form – Once completed, submit the form through our website, and we will begin processing your request.
3. Response – Arrowhead Transit will review your request and respond promptly to discuss the best possible solution.

Learn More

For additional information on our services and reasonable modifications, please visit our website or access our PDF Reasonable Modification Request Form.

Arrowhead Transit Request a Reasonable Modification Policy

The purpose of the reasonable modification policy is to ensure that Arrowhead Transit offers equal and effective opportunities and access to public transportation services for persons with disabilities and full compliance with the provisions of Title II of the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973.

To define: reasonable modification and reasonable accommodation, provide exceptions to what is considered reasonable, and to state Arrowhead Transit policy and procedures on receiving, processing, and responding to requests for reasonable modification and reasonable accommodation from the general public.

This policy applies to all safety-sensitive transportation vehicle operators including full, part-time, casual/substitute/seasonal, and those staff that may be required to operate the vehicle. For the purposes of this section, the term reasonable accommodation shall be interpreted in a manner consistent with the term ‘‘reasonable modifications’’ as set forth in the Americans with Disabilities Act Title II regulations at 28 CFR 35.130(b)(7), and not as it is defined or interpreted for the purposes of employment discrimination under Title I of the ADA (42 U.S.C. 12111–12112) and its implementing regulations at 29 CFR part 1630.

Arrowhead Transit is committed to providing equal access and opportunity to individuals with disabilities in all programs, services, and activities. Arrowhead Transit recognizes that in order to have equally effective opportunities and benefits, individuals with disabilities may need reasonable modifications to policies and procedures. Arrowhead Transit will adhere to all applicable federal and state laws, regulations, and guidelines with respect to providing reasonable modifications, as necessary, to afford equal access to programs for persons with disabilities. Arrowhead Transit does not discriminate on the basis of disability in admission to, participation in, or receipt of services and benefits under any transit program or activity. Arrowhead Transit will take appropriate steps to ensure that people with disabilities have an equal opportunity to participate.

No individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of Arrowhead Transit, or be subject to discrimination by Arrowhead Transit.

Exceptions Criteria

A reasonable modification is a change or exception to a policy, practice, or procedure that allows people with disabilities to have equal access to programs, services, and activities. Arrowhead Transit will make reasonable modifications and reasonable accommodations subject to the following (4) four exceptions which apply to both requests made in advance and in the field.

1. Granting the request would fundamentally alter Arrowhead Transit services, programs, or activities.
2. Granting the request would create a direct threat to the health or safety of others.
3. The requested modification or accommodation would not be necessary to allow the individual with a disability to fully use or participate in Arrowhead Transit services, programs, or activities for their intended purpose.
4. A request would create an undue financial or administrative burden for Arrowhead Transit.

Eligibility Criteria

Arrowhead Transit provides Curb to Curb Service, an individual is eligible to be considered to receive a reasonable modification if that individual has:

• A physical or mental impairment that substantially limits one or more of the major life activities of such an individual.
• A record of such impairment; or
• It has been regarded as having such impairment.

Requests for Reasonable Modification

Arrowhead Transit shall make information about how to contact Arrowhead Transit to make requests for reasonable modifications readily available to the public through its website, brochures, and other rider policy guidelines. Arrowhead Transit shall follow these procedures by making requests:

The Requestor must state in detail what accommodation/modification s/he requires to equally access Arrowhead Transit services or programs. If the Request lacks the requisite detail, the Requestor may be contacted for additional information. A Request may be administratively closed if the Requestor cannot provide the requested information or if the Requestor no longer wishes to pursue their request. Door through Door services and/or the carrying or delivering of package(s) will not be considered a reasonable modification.

Individuals requesting modifications are not required to use the term ‘‘reasonable modification’’ when making a request. Once a proper Request is received, Arrowhead Transit will determine if it has authority and jurisdiction to consider the Request. The Requestor will receive acknowledgment of the Request from Arrowhead Transit within ten (10) business days and should be informed of any portion of the Request where Arrowhead Transit does not have the authority to act.

Whenever feasible, Arrowhead Transit requests that individuals make such requests for modifications before Arrowhead Transit is expected to provide the modified service.

Where a request for modification cannot practicably be made and determined in advance (e.g., because of a condition or barrier at the destination of a route deviation, demand response, paratransit, or fixed route trip, of which the individual with a disability was unaware until arriving), operating personnel shall decide whether the modification should be provided at the time of the request. Operating personnel may consult with Arrowhead Transit’s management before deciding to grant or deny the request.

Requests for accommodation may be made either orally or in writing. The reasonable accommodation process begins as soon as the request for accommodation is made. The request can be submitted in any written format. Alternative means of filing a request, such as personal interviews, phone calls, or taped requests, will be made available for people with disabilities if unable to communicate their request in writing or upon request.

Interactive Process

When a request for accommodation is made, Arrowhead Transit and the individual requesting accommodation must engage in a good faith interactive process to determine what, if any accommodation shall be provided. The individual and the Arrowhead Transit must communicate with each other about the request, the process for determining whether accommodation will be provided, and the potential accommodations. Communication is a priority throughout the entire process.

Time Frame for Processing Requests to Provide Reasonable Modification

Arrowhead Transit will process requests for reasonable accommodation and then provide accommodation where appropriate, in as short a time frame as reasonably possible. Arrowhead Transit recognizes, however, that the time necessary to process a request will depend on the nature of the accommodation(s) requested and whether it is necessary to obtain supporting information.

Arrowhead Transit will summarize the results of its decision and provide a response to the Requestor within thirty (30) days from receipt of the complete Request. The response will include the original request, summary of relevant analysis, and Arrowhead Transit final determination along with the right to appeal and process for doing so. Should a Request be denied, in whole or in part, Arrowhead Transit will recommend alternative accommodation/modifications to the Requestor.

Granting a Reasonable Modification Request

As soon as Arrowhead Transit determines that reasonable accommodation will be provided, that decision shall be immediately communicated to the individual. When an adequate time is provided, this notice must be in writing in order to maintain the required information for reporting purposes. When granting a request is communicated orally, Arrowhead Transit will follow up in writing. Upon request, alternative means of response will be provided.

In choosing among alternatives for meeting nondiscrimination and accessibility requirements with respect to new, altered, or existing facilities, or designated or specified transportation services, Arrowhead Transit shall give priority to those methods that offer services, programs, and activities to qualified individuals with disabilities in the most integrated setting appropriate to the needs of individuals with disabilities.

Denial of Reasonable Modification Request

As soon as Arrowhead Transit determines that a request for reasonable accommodation will be denied, Arrowhead Transit will communicate the basis for the decision immediately. When adequate time is provided, this notice will be in writing to the individual requesting the modification. Any denial communicated orally will be followed up in writing. The explanation for the denial will clearly state:

• The specific reasons for the denial.
• Any alternative accommodation that may create the same access to transit services as requested by the individual; and
• The opportunity to file a complaint relative to Arrowhead Transit’s decision on the request.

Complaint Process

Any person who believes she or he has been discriminated against in obtaining a reasonable modification may file a complaint by completing and submitting Arrowhead Transit’s Reasonable Modification Complaint Form. Arrowhead Transit investigates complaints received no more than 30 days after receipt. Arrowhead Transit will process complaints that are complete. Arrowhead Transit will work with MnDOT OTAT to determine resolution in the process. Once the complaint is received, the complainant will receive an acknowledgment of receipt. If more information is needed to resolve the complaint, Arrowhead Transit may contact the complainant. The complainant has 30 business days from the date of the letter to send requested information to Arrowhead Transit.

If Arrowhead Transit is not contacted by the complainant or does not receive the additional information within 30 business days, Arrowhead Transit may administratively close the complaint. In addition, a complaint may be administratively closed if the complainant no longer wishes to pursue their case.

Arrowhead Transit has a process for investigating and tracking complaints from qualified individuals. These procedures shall be posted on Arrowhead Transit’s website and will be provided to any individual where Arrowhead Transit has denied a request for accommodation. The process and any forms necessary to file a complaint are readily available from the web. Alternative means of filing complaints, such as personal interviews, phone calls, or taped requests, will be made available for persons with disabilities if unable to communicate their request in writing or upon request.

Designated Employee

Arrowhead Transit shall designate one official within the organization responsible for processing reasonable modification requests and handling complaints. This individual is:

Colette Hanson, Assistant Director of Administration
Arrowhead Transit
702 3rd Avenue South Virginia, MN 55792
218-735-6814

Record Retention

Arrowhead Transit will maintain all records related to reasonable modification requests and denials for at least five (5) years. Arrowhead Transit shall keep on file a record of all such requests, which may be in summary form, for five (5) years. Arrowhead Transit shall keep all pertinent and associated records for review by and submittal to FTA or other responsible governmental official as prescribed. In the case in which Arrowhead Transit extends Federal financial assistance to any other recipient, per §27.121(b), that recipient shall also submit reasonable modification and accommodation request reports to Arrowhead Transit. These reports shall be forwarded to the Arrowhead Transit ADA Coordinator.

Arrowhead Transit Request a Reasonable Modification Procedure

Arrowhead Transit investigates complaints received no more than 30 days after receipt. Arrowhead Transit will process complaints that are complete. Once the complaint is received, the complainant will receive an acknowledgement of receipt. If more information is needed to resolve the complaint, Arrowhead Transit may contact the complainant. The complainant has 30 business days from the date of the letter to send requested information to Arrowhead Transit.

If Arrowhead Transit is not contacted by the complainant or does not receive the additional information within 30 business days, the Arrowhead Transit may administratively close the complaint. In addition, a complaint may be administratively closed if the complainant no longer wishes to pursue their case.

After Arrowhead Transit investigates the complaint and has consulted and received directive from MnDOT OTAT, a decision will be rendered in writing to the complainant. Arrowhead Transit will issue either a Letter of Closure or Letter of Finding.

• Letter of Finding – This letter will summarize the complaint, any interviews conducted regarding the complaint, and explains what actions will be taken by Arrowhead Transit to address the complaint.
• Letter of Closure – This letter will explain why Arrowhead Transit has determined that the complaint does not merit accommodation under the Americans with Disabilities Act and that the complaint will be closed.

If the complainant disagrees with the decision of Arrowhead Transit, an opportunity to appeal the decision may be pursued provided the complaint files notice of appeal within 21 days of the initial decision of Arrowhead Transit.

In the event of appeal, the complainant will be granted all due process, including the ability to be present additional evidence, present the case in person during an appeal hearing, and to be represented by counsel.