Limited English Proficiency L. Marcela Vargas Monica Chevalier NC Commerce, Community Investment and Assistance NCCDA May 17, 2012
POLICY Applicable Laws Section 601 of Title VI of the Civil Rights Act of 1964: No person shall be subject to discrimination on the basis of race, color or national origin under any program or activity that receives Federal financial assistance. Prohibited Actions per HUD Regs. 24 CFR 1.4 : Denials Differences in treatment Limits on services and facilities Subjected to discrimination
POLICY Applicable Laws Continued Law v. Nichols (1974): The U.S. Supreme Court stated that one type of national origin discrimination is discrimination based on a person s inability to speak, read, write, or understand English. Executive Order 13166 (Issued in the Federal Register 65 FR 50121 on August 16, 2000):Mandated improved access to federally assisted programs and activities for individuals who, as a result of national origin, are limited in their English proficiency
POLICY Applicable Laws Continued U.S. Department of Justice: Supported implementation of E.O 13166 and issued guidance regarding Enforcement of Title VI of the Civil rights Act of 1964, National Origin Discrimination Against Persons with Limited English Proficiency. (August 16,2000). USDOJ adopts final guidance, Federal Register at 65 FR 41455, June 18, 2002.
Recipients Responsibility Entities that are recipients of Federal Financial Assistance must develop a plan for persons of different national origins that cannot speak or read English to ensure that they have meaningful access to all portions of their program or activity, not just those portions that receive HUD funds (e.g. non-federally funded programs).
Recipients Responsibility Continued Federally Assisted Recipients: Are required to make reasonable efforts to provide language assistance to ensure meaningful access for LEP persons to the recipient s programs and activities. Recipients should: Conduct a four-factor analysis; Develop a written Language Assistance Plan (LAP); and Provide appropriate language assistance Keep records of due diligence for monitoring
Four Factor Analysis The number or proportion of LEP individuals served or encountered in the eligible service population. The frequency with which LEP individuals come in contact with your program, activity or service. The nature and importance of the program, activity, or service. Available resources and cost.
Four Factor Analysis Facts Census 2010: Hispanic population has grown 110%. All NC Counties meet the threshold for Spanish Language. Vital Documents should at least be translated in Spanish: Critical for ensuring meaningful access by beneficiaries or potential beneficiaries generally and LEP persons specifically. Local government is responsible for identifying vital documents Towns/Cities will need to look at the county in which they are located to determine thresholds.
Language Access Plan Written plan is a strong evidence of compliance: Identify LEP persons who need assistance (after four factor analysis). Adopt language assistance measures. Training of staff, especially those who have frequent contact with the public. Providing notice to LEP persons. Monitoring & updating the Language Assistance Plan (LAP). Grantees must submit a LAP Plan. Grant Representatives will monitor for compliance for LAP plan. Compliance Office will conduct compliance reviews as needed and address issues.
Language Access Plan Submission The plan is a plan and policy combined into one. Plans are submitted by local government and not by grant number/ program, for any open grants for the grantee Submit one hard copy, CI does not need original copy. Submit a copy for every open grant under the same grantee. The plan will cover any funds covered under CI- CDBG, CDBG-R and NSP The plan will be effective for a two year period, unless the local government identify other period, but no more than 3 years.
Safe Harbor Written translations in each language that constitutes 5% or 1000 persons, whichever is less, of the population of eligible persons to be served or likely to be encountered; or If there are fewer than 50 persons in a language group that reaches the 5% trigger, then recipient provides written notice of their right to receive competent oral interpretation of the written materials, free of cost. There is NO safe harbor for oral interpretation. Reasonable availability is expected based on the four factor analysis.
Monitoring Grantees should have a process for: Determining whether new documents, changes in programs, services and activities need to be made accessible to LEP persons; Determining whether changes in demographics, services or needs require reevaluation of LAP; and Seeking feedback from the community the plan serves.
Expectations for Compliance with Title VI: Language Access Plan Translate Vital Documents Take appropriate steps to assist persons with Limited English Proficiency State expects grantees to extend reasonable efforts to afford persons with limited English proficiency meaningful access to its programs and services. Submit Language Access Plan Annual Report as a part of the Annual Performance Report (APR)
Expectations for Compliance with Title VI: Language Access Plan LEP Phrase for Public Notices, Include both phrases at the end: This information is available in Spanish or any other language upon request. Please contact (Insert Name) at (Insert Phone Number) or at (Insert physical location) for accommodations for this request. Esta información está disponible en español o en cualquier otro idioma bajo petición. Por favor, póngase en contacto con (Insert Name) al (Insert Phone Number) o en (Insert physical location) de alojamiento para esta solicitud. **Please note the address and name itself should not be translated T This is the requirement for anything that requires for you to publish in related to CDBG.
Penalties Loss of federal funds Loss of future federal and state funding Subject to legal actions from, legal services organizations and private individuals. HUD EEO Investigations The U.S. Dept. of Justice or the Office for Civil Rights still have the authority to investigate claims of discrimination.
Best Practices Grantees submit Language Access Plan using the recommended template from CI Plan addresses LAP policy, translation of vital documents, and requirements for citizen participation Work with other departments (e.g. Human Health) Hang up LAP signs, be prepared to provide assistance to persons with Limited English Proficiency The plan submitted for municipalities and/or County (Cities/Towns can adopt County LAP Document and keep records for monitoring/ reporting. Be prepared to report annually as part of APR Reach out the community: communicate that those types of services are being offered by the Local Government
Best Practices Continued Competence of interpreter or translation services (certifications, age, relation to LEP person, conflicts). Training of staff/bilingual staff. Posting signs in common areas. Advertising language services in outreach documents. Partnering with LEP grassroots, faithbased organizations, and schools. Using telephone voicemail menu. Providing notice on Providing notice on Non- English radio and TV stations.
LAP REPORT 2011 What is the current LEP population affected or encountered? Figure No. 1 What is the frequency of encounters with LEP language groups? Figure No. 2 Spanish Only 1% 1% 2% 1% 9% 10% 76% Spanish & Asian/Pacific Island Spanish & Other Indo- Euro Spanish, Asian/Pacific Island & Other Indo- Euro Spanish, Asian/Pacific Island, Other Indo-Euro & Other Languages Spanish & Other Languages 5% 2% 4% 90% 45% 45% Daily Weekly Monthly Other (few times a year, rarely, quaterly) Other (no encounters during 2011) No LEP affected or encountered
What is the nature and importance of activities to LEP persons? Figure No. 3 No LEP in the area but the grantee acknowledge the importance of the LAP 9% 1% 34% The LEP activities are important to ensure that there is no denial or delay of access or services of information to the LEP customers & The delay of information and or services to LAP individuals could have serious impacts to the customer. LEP population are living in sub-standard housing conditions & They need and deserve assistance with their housing needs. 35% Most contact with LEP persons happens in the Health Department & Social Services Department, property tax questions, social services & utility questions, Inquire about jobs & general inquiries. 19% 2% No interaction with LEP during 2011 & no requests or responses on public notices for CDBG, although notices included language in Spanish LEP families should be able to have the same benefits of the federally funded programs as those who speak English well. If a LEP applies for rehab. or reconst. assistance and doesn't understand the application, that person may not complete the application
Indicate the availability of resources, including technological advances and sources of additional resources Figure No. 4 Other 15% Family members and friends 3% Vital documents (ERR, RROF and nay other grant-realted documents) available upon request&translation of Documentos upon request & Translated documents available 8% Posters provided by the Compliance Office of CI, I speak card, Multi-language identification cards, statement of the right to free language assistance for all 20% Brochures, Google translator,creation of posters & displaying posters throughout County, Contractual Bilingual service 17% Bilngual staff & Telephone interpreting services 26% Access to staff from other agencies within the area (Social Service Depart., Health Depart., Community Colleges, local community action organizations) 13% 0% 5% 10% 15% 20% 25% 30%
Identified sources for assistance available and viable- Describe the tool or method used or being used to collect data on participant satisfaction with interpreter/translation services. Figure No. 7 Other 9% The program did not need or did not provide intepreter/ translation services during 2011 18% Complaint procedure, lack of complaints 9% Survey Form 9% A record of participant feedback is maintained at the local level 12% Customer feed back is the method by which participant satisfaction is collected. There has been no interpreters/translation service requested or needed at this time 43% 0% 10% 20% 30% 40% 50%
Staff knows and understands the LAP and how to implement Figure No. 5.1 The staff has received a copy of the LAP and training is anticipated during 2012 We understand the LAP but we have not had training 9% 7% 6% 15% 4% 2% 43% All staff associated with the CDBG Programs have been trained on how to respond to LEP individuals who might be encountered. Staff have been provided copies of the LAP and implementation procedures have been reviewed Key staff were trained on the LAP. New staff hired to positions that deal with the public will be trained on the LAP as they come on board. This is discussed in staff meeting annually. All staff hired is informed of this at orientation County officials and staff were explained the requirements of the LAP when the LAP was adopted by the board of commisioners. County Staff had training and available power point from Community Investment The Title VI compliance officer responds on an as needed. Planning and CD Department staff members ensures that interpreters are secured as soon as an LEP person is identified 14% Program management staff has received instruction on actions to take when accesing or engaging LEP individuals. Instructions and discussion typically take place quartely Other
Subcontractors are informed of their obligation to provide language assistance to LEP individuals Figure No. 6.1 Did not have any subcontractors during reporting period 6% 7% 10% All subcontractors are informed of their obligations to provide language assistance to LEP individuals at the time a contract executed. All subcontractors have been provided information on the LAP and that interpreter services. Is required that all labor standards posting be in spanish as well as English at the job sites. 34% 30% Contractors are made aware of their obligations to provide assistance to LEP individuals during pre-construction meetings & The y are issued a copy of the LAP as part of all bid packages 12% The program informs all subcontractors (contractors) at the beginning of every contract of their obligations to provide language assistance to LEP individuals Signs are posted in public building and highly visible to the public & Subcontractors are informed during pre-bid and preconstruction conferences of the necessity of assistance to LEP individuals
Questions?
THANKS!!! Need Technical Assistance please contact compliance@nccommerce.com End Presentation