Approved Title VI Plan and Procedures

Approved Title VI Plan and Procedures Title VI of the Civil Rights Act of 1964 Shenandoah Area Agency on Aging (SAAA) May 2014

TABLE OF CONTENTS PAGE I. Introduction 1 II. Policy Statement and Authorities 2 III. Organization and Title VI Program Responsibilities 4 IV. Procedures for Notifying the Public of Title VI Rights 6 and How to File a Complaint (English) (Spanish Page 7) V. Procedures for Handling, Tracking, Resolving and Reporting 8 Investigations/Complaints and Lawsuits VI. Staff Training Related to The Title VI Program 11 VII. Language Assistance Plan for Persons with Limited English 12 Proficiency (LEP) VIII. Public Outreach and Involvement 21 IX. Procedures for Ensuring Equity in Service Provision 23 X. Data Collection and Reporting Procedures 24 Appendix-A: SAAA Functional Title VI Organizational Chart 26 Appendix-B: Sample Title VI Data Collection and Reporting Log 27 Appendix-C: SAAA Title VI Complaint Form 28 i

I. INTRODUCTION Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving Federal financial assistance. Specifically, Title VI provides that "no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance". (42 U.S.C. Section 2000d) Recipients of public transportation funding from FTA and the Virginia Department of Rail and Public Transportation (DRPT) are required to develop policies, programs, and practices that ensure that federal and state transit dollars are used in a manner that is nondiscriminatory as required under Title VI. This document details how Shenandoah Area Agency on Aging (SAAA) incorporates nondiscrimination policies and practices in providing services to the public. SAAA s Title VI policies and procedures are documented in this plan and its appendices and attachments. This plan will be updated periodically as necessary, and at least every three years to incorporate changes and additional responsibilities that arise. 1

II. POLICY STATEMENT AND AUTHORITIES Title VI Policy Statement SAAA is committed to ensuring that no person shall, on the grounds of race, color, national origin, as provided by Title VI of the Civil Rights Act of 1964 and the Civil Rights Restoration Act of 1987 (PL 100.259), be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, whether those programs and activities are federally funded or not. The SAAA Title VI Manager, Robert D. Haas is responsible for initiating and monitoring Title VI activities, preparing required reports, and other responsibilities as required by Title 23 Code of Federal Regulations (CFR) Part 200, and Title 49 CFR Part 21. Catherine C. Galvin, Executive Director May 1, 2014 Date Authorities Title VI of the 1964 Civil Rights Act provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving federal financial assistance (refer to 49 CFR Part 21). The Civil Rights Restoration Act of 1987 broadened the scope of Title VI coverage by expanding the definition of the terms programs or activities to include all programs or activities of Federal Aid recipients, sub recipients, and contractors, whether such programs and activities are federally assisted or not. Additional authorities and citations include: Title VI of the Civil Rights Act of 1964 (42 U.S.C. Section 2000d); Federal Transit Laws, as amended (49 U.S.C. Chapter 53 et seq.); Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601, et seq.); Department of Justice regulation, 28 CFR part 42, Subpart F, Coordination of Enforcement of Nondiscrimination in Federally-Assisted Programs (December 1, 1976, unless otherwise noted); U.S. DOT regulation, 49 CFR part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964 (June 18, 1970, unless otherwise noted); Joint FTA/Federal Highway Administration (FHWA) regulation, 23 CFR part 771, Environmental Impact and Related Procedures (August 28, 1987); Joint FTA/FHWA regulation, 23 CFR part 450 and 49 CFR part 613, Planning Assistance and Standards, (October 28, 1993, unless otherwise noted); U.S. DOT Order 5610.2, U.S. DOT Order on Environmental Justice to Address Environmental Justice in Minority Populations and Low- Income Populations, (April 15, 1997); U.S. DOT Policy Guidance Concerning Recipients Responsibilities to Limited English Proficient Persons, (December 14, 2005), and Section 12 of FTA s Master Agreement, FTA MA 13 (October 1, 2006). 2

Annual Nondiscrimination Assurance to the Virginia Department of Rail and Public Transportation (DRPT) As part of the Certifications and Assurances submitted to the DRPT with our Annual Grant Application and all Federal Transit Administration grants submitted to the VDRPT, SAAA submits a Nondiscrimination Assurance which addresses compliance with Title VI as well as nondiscrimination in hiring (EEO) and contracting (DBE), and nondiscrimination on the basis of disability (ADA). In signing and submitting this assurance, SAAA confirms to VDRPT the agency s commitment to nondiscrimination and compliance with federal and state requirements. 3

III. ORGANIZATION AND TITLE VI PROGRAM RESPONSIBILITIES The SAAA Title VI Manager s position is responsible for ensuring implementation of the agency s Title VI program. Title VI program elements are interrelated and responsibilities overlap. The specific areas of responsibility are delineated below for purposes of clarity. Overall Organization for Title VI In addition to the annotated responsibilities below, a functional organization chart may be found in Appendix A which depicts the titles, names, and general Title VI responsibilities within SAAA s current management structure. The Title VI Manager, Robert D. Haas and the Executive Assistant, Marsha LeBrecht are responsible for coordinating the overall administration of the Title VI program plan, including; assurances, complaint handling, data collection and reporting, annual review and updates, and all Title VI staff training. Roberta Lauder, Director of Resource Development, and Robert D. Haas, Title VI Manager, are responsible for public outreach and involvement. This includes development and implementation of a Limited English Proficiency (LEP) plan that may be required. Those responsible for this area also coordinate with those who are responsible for service planning and delivery. Robert D. Haas, Director of Transportation is responsible for service planning and delivery. This includes analysis of current services, analysis of proposed service and fee changes, and environmental justice. He will also coordinate with those who are responsible for public outreach and involvement. Detailed Responsibilities of the Title VI Manager The Title VI Manager is responsible for supervising the other staff assigned with Title VI responsibilities in implementing, monitoring, and reporting on SAAA s compliance with Title VI regulations. In support of this, the Title VI Manager will: Identify, investigate, and eliminate discrimination when found to exist. Process Title VI complaints received by SAAA in accordance with the agency s Nondiscrimination Complaint Procedures (presented below). Meet with the other staff assigned with Title VI responsibilities, including public outreach & involvement and service planning and delivery periodically to monitor and discuss progress, implementation, and compliance issues. Periodically review the agency s Title VI program to assess if administrative procedures are effective, staffing is appropriate, and adequate resources are available to ensure compliance. 4

Annual Review of Title VI Program Each year, in preparing for the Annual Report and Updates, the Title VI Manager and Liaison(s) will review the agency s Title VI program to assure implementation of the Title VI plan. In addition, they will review agency operational guidelines and publications, including those for contractors, to verify that Title VI language and provisions are incorporated, as appropriate. Title VI Clauses in Contracts In all procurements requiring a written contract, SAAA s contract will include the federal nondiscrimination clauses. The Title VI Manager will coordinate with the Executive Director, Finance Director and any other participating individuals to assure compliance with this requirement. 5

IV. PROCEDURES FOR NOTIFYING THE PUBLIC OF TITLE VI RIGHTS AND HOW TO FILE A COMPLAINT Shenandoah Area Agency on Aging includes or directly references the following language on all printed information materials, on the agency s website, in press releases, in public notices, in published documents, and on posters on the interior of each vehicle operated in passenger service: Notifying the Public of Rights Under Title VI The Shenandoah Area Agency on Aging (SAAA) of Front Royal, Virginia operates its programs and services without regard to race, color, and national origin in accordance with Title VI of the Civil Rights Act of 1964. Any person who believes she or he has been aggrieved by any unlawful discriminatory practice under Title VI may file a complaint with SAAA in Front Royal, Virginia. For more information on the SAAA civil rights program, and the procedures to file a complaint, please contact Robert D. Haas, Title VI Manager (local call) 540-635-7141 x301, (long distance) 800-883-4122 or by FAX 540-636-7810. You may also visit our administrative office located at: 207 Mosby Lane, Front Royal, Virginia 22630. For additional language translation information, contact 800-883-4122. Instructions for filing Title VI complaints are posted on the interior of each vehicle operated in passenger service. How to File a Title VI Complaint If you believe you have been subjected to discrimination under Title VI based on your race, color, national origin, or any aspect of this policy, you may file a complaint up to 180 days from the date of the alleged discrimination. The complaint should include the following information: 1. Your name, address, and how to contact you (i.e., telephone number, email address, etc.) 2. How, when, where, and why you believe you were discriminated against. 3. The location, names and contact information of any witnesses. 4. The complaint may be filed in writing to: Robert D. Haas, Title VI Manager at SAAA 207 Mosby Lane, Front Royal, VA 22630 6

Notificar a la pública de derechos bajo título VI el Shenandoah área Agencia sobre envejecimiento (SAAA) de Front Royal, Virginia opera sus programas y servicios sin importar la raza, color y origen nacional con arreglo al título VI de la ley de derechos civiles de 1964. Cualquier persona que cree que él o ella ha sido ofendido por cualquier práctica discriminatoria ilegal bajo el título VI puede presentar una queja con SAAA en Front Royal, Virginia. Para obtener más información sobre el programa de derechos civiles de SAAA y los procedimientos para presentar una queja, por favor póngase en contacto con Robert D. Haas, título VI Manager (llamada local) 540-635-7141 x 301, (larga distancia) 800-883-4122 o por FAX a 540 636 7810. También puede visitar nuestra oficina administrativa ubicada en: 207 Mosby Lane, Front Royal, Virginia 22630. Para obtener información de traducción de idiomas adicionales, póngase en contacto con 800 883 4122. Instrucciones para la presentación de quejas del título VI se publican en el interior de cada vehículo en servicio de pasajeros. Cómo presentar una queja de VI de título si usted cree que ha sido sometidos a discriminación bajo el Title VI basado en su raza, color, origen nacional o cualquier aspecto de esta política, usted puede presentar una queja hasta 180 días a partir de la fecha de la supuesta discriminación. La queja debe incluir la siguiente información: 1. su nombre, dirección y cómo comunicarse con usted (es decir, número de teléfono, dirección de correo electrónico, etc.). 2. Cómo, cuando, donde y por qué crees que se discrimina contra. 3. La ubicación, nombres e información de contacto de los testigos. 4. La queja puede ser presentada por escrito al: Robert D. Haas, título VI Manager at SAAA 207 Mosby Lane, Front Royal, VA 22630 7

V. PROCEDURES FOR HANDLING, TRACKING, RESOLVING AND REPORTING INVESTIGATIONS/COMPLAINTS AND LAWSUITS Any individual may exercise his or her right to file a complaint with SAAA if that person believes that s/he or any other program beneficiaries have been subjected to unequal treatment or discrimination in the receipt of benefits/services or prohibited by non-discrimination requirements. SAAA will report the complaint to DRPT within three business days (per DRPT requirements) and will make a concerted effort to resolve complaints locally, using the agency s Nondiscrimination Complaint Procedures, as described below. All Title VI complaints and their resolution will be logged as described under Data Collection and reported annually. Should any Title VI investigations be initiated by FTA or DRPT, or any Title VI lawsuits be filed against SAAA, the agency will follow these procedures: Overview These procedures apply to all complaints filed under Title VI of the Civil Rights Act of 1964 as amended, and the Civil Rights Restoration Act of 1987, relating to any program or activity administered by SAAA, as well as to sub-recipients, consultants, and/or contractors. Law prohibits intimidation or retaliation of any kind. These procedures do not deny the right of the complainant to file formal complaints with other state or federal agencies, or to seek private counsel for complaints alleging discrimination. These procedures are part of an administrative process that does not provide for remedies that include punitive damages or compensatory remuneration for the complainant. Every effort will be made to obtain early resolution of complaints at the lowest level possible. The option of informal mediation meeting(s) between the affected parties and the Title VI Manager may be utilized for resolution. The Title VI Manger will make every effort to pursue a resolution to the complaint. Initial interviews with the complainant and the SAAA respondent will request information regarding specifically requested relief and settlement opportunities. SAAA Title VI Complaint and Investigation Procedures These procedures cover all complaints under Title VI of the Civil Rights Act of 1964, Executive Order 12898 Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (1994), and Executive Order 13166 Improving Access to Services for Persons with Limited English Proficiency (2000), for alleged discrimination in any program or activity administered by SAAA. Any individual, group of individuals, or entity that believes they have been subjected to discrimination prohibited under Title VI and the related statutes may file a complaint, to the following address: Title VI Manager, Shenandoah Area Agency on Aging 201 Mosby Lane, Front Royal, VA 22630. 8

Procedure The following measures will be taken to resolve Title VI complaints: 1. Any individual, group of individuals, or entity that believes they have been subjected to discrimination prohibited by Title VI nondiscrimination provisions may file a written complaint with SAAA s Title VI Manager. The complaint may be filed in writing to: Robert D. Haas, Title VI Manager at SAAA 207 Mosby Lane, Front Royal, VA 22630. A formal complaint must be filed within 180 calendar days of the alleged occurrence or when the alleged discrimination became known to the complainant. The complaint must meet the following requirements. a. Complaint shall be in writing and signed by the complainant(s). b. Include the date of the alleged act of discrimination (date when the complainant(s) became aware of the alleged discrimination; or the date on which that conduct was discontinued or the latest instance of the conduct). c. Present a detailed description of the issues, including names and job titles of those individuals perceived as parties in the incident of complaint. d. Allegations received by fax or e-mail will be acknowledged and processed, once the identity(ies) of the complainant(s) and the intent to proceed with the complaint have been established. The complainant is required to mail a signed, original copy of the fax or e-mail transmittal for SAAA to process it. The original complaint may be sent to: Robert D. Haas, Title VI Manager at SAAA 207 Mosby Lane, Front Royal, VA 22630 e. Allegations received by telephone will be reduced to writing and provided to complainant for confirmation or revision before processing. f. A complaint form will be forwarded to the complainant for him/her to complete, sign, and return to SAAA for processing. Complaint forms are also available on our website at: www.shenandoahaaa.com (See Appendix-C: SAAA Title VI Complaint Form) 2. Upon receipt of the complaint, the Title VI Manager will determine its jurisdiction, acceptability, and need for additional information, as well as investigate the merit of the complaint. In cases where the complaint is against one of SAAA s subrecipients of federal funds, SAAA will assume jurisdiction and will investigate and adjudicate the case. Complaints against SAAA will be referred to DRPT or the appropriate Federal Agency for proper disposition pursuant to their procedures. 3. In order to be accepted, a complaint must meet the following criteria: a. The complaint must be filed within 180 calendar days of the alleged occurrence or when the alleged discrimination became known to the complainant. b. The allegation(s) must involve a covered basis such as race, color, or national origin. 9

b. The allegation(s) must involve a federally aided program or activity. 4. A complaint may be dismissed for the following reasons: a. The complainant requests the withdrawal of the complaint. b. The complainant fails to respond to repeated requests for additional information needed to process the complaint. c. The complainant cannot be located after reasonable attempts. 5. Once SAAA decides to accept the complaint for investigation, the complainant and the respondent will be notified in writing of such determination within seven calendar days. The complaint will receive a case number and will then be logged into SAAA s records identifying its basis and alleged harm. 6. In cases where SAAA assumes the investigation of the complaint, SAAA will provide the respondent with the opportunity to respond to the allegations in writing. The respondent will have 10 calendar days from the date of SAAA written notification of acceptance of the complaint to furnish his/her response to the allegations. 7. SAAA s final investigative report and a copy of the complaint will be forwarded to DRPT (or appropriate Federal Agency) and affected parties within 60 calendar days of the acceptance of the complaint. 8. SAAA will notify the parties of its final decision. 9. If complainant is not satisfied with the results of the investigation of the alleged discrimination and practices the complainant will be advised of their right to file a complaint with DRPT or FTA. Complaints may be filed with the Federal Transit Administration, Title VI Program Coordinator, FTA Office of Civil Rights, East Building, 5th Floor- TCR, 1200 New Jersey Ave., S.E., Washington, D.C. 20590. The SAAA Title VI Manager shall maintain a log of Title VI complaints received from this process. The log shall include the date the complaint was filed, a summary of the allegations, the status of the complaint, and actions taken by SAAA in response to the complaint. Should SAAA receive a Title VI complaint in the form of a formal charge or lawsuit, the SAAA legal counsel shall be responsible for the investigation and maintaining a log as described above. 10

VI. STAFF TRAINING RELATED TO THE TITLE VI PROGRAM Information on the SAAA s Title VI program is disseminated to agency employees, contractors, and beneficiaries, as well as to the public, as described in the public outreach and involvement section of this document, and in other languages when needed according to the LEP plan. SAAA s employees will receive training on Title VI policies and procedures upon hiring and upon promotion or change of assignment. This training will include requirements of Title VI, SAAA s obligations under Title VI (LEP requirement included), required data that must be gathered and maintained and how it relates to the Annual Report and Update to DRPT, and any findings and recommendations from the last DRPT compliance review. In addition, training will be provided when any Title VI-related policies or procedures change (agency-wide training), or when appropriate in resolving a complaint (which may be for a specific individual or for the entire agency, depending the on the complaint). Title VI training is the responsibility of the Title VI Manager and the Executive Assistant. 11

VII. LANGUAGE ASSISTANCE PLAN FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY (LEP) Introduction and Legal Basis LEP is a term that defines any individual not proficient in the use of the English language. The establishment and operation of an LEP program meets objectives set forth in Title VI of the Civil Rights Act and Executive Order 13116, Improving Access to Services for Persons with Limited English Proficiency (LEP). This Executive Order requires federal agencies receiving financial assistance to address the needs of non-english speaking persons. The Executive Order also establishes compliance standards to ensure that the programs and activities that are provided by a transportation provider in English are accessible to LEP communities. This includes providing meaningful access to individuals who are limited in their use of English. The following LEP language implementation plan, developed by SAAA is based on FTA guidelines. As required, SAAA developed a written LEP Plan (below). Using 2010 and American Community Survey (ACS) Census data, SAAA has evaluated data to determine the extent of need for translation services of its vital documents and materials. LEP persons can be a significant market for public transit, and reaching out to these individuals can help increase their utilization of transit. Therefore, it also makes good business sense to translate vital information into languages that the larger LEP populations in the community can understand. Assessment of Needs and Resources The need and resources for LEP language assistance were determined through a four-factor analysis as recommended by FTA guidance. Factor 1: Assessment of the Number and Proportion of LEP Persons Likely to be Served or Encountered in the Eligible Service Population The agency has reviewed census data on the number of individuals in its combined service area that have limited English Proficiency, as well as the languages they speak. This assessment reveals that two individual jurisdictions within our service area exceed the eligibility requirement for implementing an LEP program. U.S. Census Data American Community Survey (2006-2010) Data from the U.S. Census Bureau s American Community Survey (ACS) were obtained through www.census.gov by SAAA s service area. The agency s service area encompasses 5 Counties and the City of Winchester with a total of 5,143 persons or 2.5 Percent with Limited English 12

Proficiency (those persons who indicated that they spoke English not well, and not at all in the 2006-2010 ACS Census). The following Table provides the data used for our analysis: Total Pop. 5yrs+ Speak English at Home Non- English Non- English # Not Well/ Not at All Speak non-english at Home % Not Well/ English Not at Very All Well English Well English Not Well English Not at All Clarke Co 13,288 12,259 1,029 7.7% 176 1.3% 721 132 164 12 Frederick Co 70,877 64,755 6,122 8.6% 1,527 2.2% 3,248 1,347 1,270 257 Page Co 22,812 21,985 827 3.6% 122 0.5% 576 129 84 38 Shenandoah Co 39,132 36,359 2,773 7.1% 818 2.1% 1,438 517 556 262 Warren Co 34,677 32,666 2,011 5.8% 465 1.3% 1,187 359 416 49 Winchester 24,195 19,461 4,734 19.6% 2,035 8.4% 1,565 1,134 1,724 311 Information from the 2006-2010 ACS also provides more detail on the specific languages that are spoken by those who report that they speak English less than very well. Please note that there are a relatively low number of LEP persons in 4 of the 6 jurisdictions within our service area, where no language is spoken by over 5% or a total of 1,000 persons in the LEP population. However Winchester and Frederick County both meet the eligibility threshold for the implementation of an LEP Program. Languages spoken at home by those with LEP are presented below. For clarity all languages with no data are removed in these tables. These data indicate the extent to which translations into other language are needed to meet the needs of LEP persons. The following tables depict the data used to determine our need for implementing an LEP Program in the City of Winchester and the County of Frederick. 13

Winchester City Total Speak Non-English at Home Population 5yrs+ 24,195 English Ability- Very Well English Ability- Less than Very Well Speak only English 19,461 Speak Non-English at Home 4,734 Spanish or Spanish Creole: 2,731 712 2,019 French (incl. Patois, Cajun): 158 117 41 Italian: 15 15 - German: 206 206 - Russian: 33 33 - Other Slavic languages: 148 78 70 Persian: 7-7 Gujarati: 9 9 - Hindi: 44 44 - Other Indic languages: 19 9 10 Other Indo-European languages: 875-875 Chinese: 20 8 12 Japanese: 27 27 - Vietnamese: 263 145 118 Hungarian: 9 9 - Arabic: 74 74 - African languages: 96 79 17 Total of persons with English Ability-Less than Very Well is 3,169 Spanish 2019 8.3 Percent Indo-European 875 3.6 Percent Asian and Pacific Island Languages 130.5 Percent Other Languages 145.6 Percent 14

Frederick County Total Speak Non-English at Home Population 5yrs+ 70,877 English Ability- Very Well English Ability- Less than Very Well Speak only English 64,755 Speak Non-English at Home 6,122 Spanish or Spanish Creole: 4,629 2,215 2,414 French (incl. Patois, Cajun): 136 87 49 Italian: 84 72 12 Portuguese or Portuguese Creole: 31 31 - German: 346 331 15 Other West Germanic languages: 8 8 - Scandinavian languages: 8 8 - Greek: 20 20 - Russian: 45 45 - Polish: 16 16 - Serbo-Croatian: 41 41 - Persian: 14-14 Gujarati: 28 14 14 Hindi: 12 12 - Urdu: 7 7 - Other Indic languages: 19 19 - Other Indo-European languages: 58 53 5 Chinese: 199 56 143 Japanese: 81 57 24 Korean: 99 42 57 Mon-Khmer, Cambodian: 91 27 64 Vietnamese: 4-4 Other Asian languages: 16 7 9 Tagalog: 55 16 39 Other Pacific Island languages: 28 28 - Hungarian: 15 15 - Arabic: 32 21 11 Total of persons with English Ability-Less than Very Well is 2,874 Spanish 2414 3.4 Percent Indo-European 32.00 Percent Asian and Pacific Island Languages 340.50 Percent Other Languages 88.10 Percent 15

Factor 2: Assessment of Frequency with Which LEP Individuals Come Into Contact with the Transit Services or System SAAA reviewed the relevant benefits, services, and information provided by our agency and determined the extent to which LEP persons have come into contact with these functions through any one or more the following channels: 1. Contact with agency Active Living Center Drivers; 2. Contact with transportation managers; 3. Calls to SAAA s customer service or Information and Referral telephone line; 4. Visits to the agency s headquarters; 5. Access to the agency s website; 6. Attendance at community meetings or public hearings hosted by SAAA: 7. LEP contact with the agency s ADA Transportation system (including applying for eligibility, making reservations, and communicating with drivers). SAAA has no record or combined corporate memory of any contact with LEP persons in items 1,2,4,5, or 6 above. Note: regarding item 5, our website is published in English but has a translator function for many languages. We have no information of any request with regard to LEP Persons. We have never had requests for interpreters at any public meetings. Item 3: A few times (3 or 4) in the past few years we have received calls for information or services from persons who were unable to speak enough English language to communicate with our staff person. During 2 of these calls we had a Case Worker on site that spoke fluent Spanish and was able to provide all of the needed information the LEP caller requested. On other occasions (1 or 2) we were able to conference in to the call an interpreter, associated with the local Department of Social Services. Again providing the requested information. Item 7: Since December 1, 2009 we have only experienced one contact, by phone, requesting transportation on our New Freedom Transportation Program WellTran. When the call came in the person with Limited English, already had an interpreter on the phone with her. They needed eligibility information for a requested transport. All requested information was provided through the interpreter, who was also a close friend and neighbor of the client. This same friend also traveled with our client during the transportation to and from a medical appointment, which was completed without issue. SAAA is well aware of the growing number of Spanish language persons who may be contacting us on a more regular basis in the future. We are in contact with the local small business that currently provides interpretation services for the Department of Social Services. Our current intentions are to establish an agreement/contract for case-by-case interpretation support, at a minimum for Spanish, however we understand that they can assist in other languages as well. SAAA will continue to identify emerging populations as updated Census and American Community Survey data become available for our service area. In addition, effective July 1, 2012 when LEP persons contact our agency, we will attempt to identify their language and keep records on contacts to accurately assess the frequency of contact. Although we seldom receive 16

communication in written format, if needed we will use the language identification flashcard, which was developed by the U.S. Census. (http://www.lep.gov/ispeakcards2004.pdf)] Factor 3: Assessment of the Nature and Importance of the Transit Services to the LEP Population SAAA provides the following programs, activities and services: The Shenandoah Area Agency on Aging (SAAA) offers a variety of high-quality services that provide in-home support that delay or prevents a move to more costly long-term care facilities. We support care partners of older adults - spouses and family, including caregivers in their workforce. We facilitate staying active and continuing community service, and enhance the dignity and independence of older persons. Our service area includes the counties of Clarke, Frederick, Page, Shenandoah, Warren, and the city of Winchester. The SAAA was incorporated in July of 1975, and is the only comprehensive regional provider of support services that enable older persons to continue living in their own homes. As our older population increases, our services will be even more critical in controlling long term care costs and providing in-home care for our elderly friends and neighbors. SAAA receives federal, state, and local jurisdictional funding, but our needs continually exceed these resources. SAAA supplements our government funding with individual and corporate donations. 100% of donations to SAAA are used to expand and enhance our services. Our services encompass many programs and all are designed to meet the short and long-term health and wellness goals of the elderly. Our WellTran Transportation Program provides nonemergency medical transportation rides to persons 60-years+ and persons 18-years+ with disabilities throughout the counties of Clarke, Frederick, Page, Shenandoah, Warren, and the city of Winchester. SAAA s WellTran Transportation services, through Section 5317 New Freedom is the most likely candidate service to become important and utilized by the LEP Population of Frederick County and the City of Winchester. This transportation is available at a very small cost to most clients and is at no cost to those who live below Virginia s establish poverty rate. This service is specifically for disabled persons who cannot drive or have no other mode of transport to their medical appointments, social service or other agencies offering needed services, as well as access to groceries, medicines, and other necessary purchases to remain in their homes and enjoy some sense of independence. Factor 4: Assessment of the Resources Available to the Agency and Costs SAAA has not needed to employ and/or contract for any interpretation support in the past. Although we may establish a service contract in the future, we will also recruit volunteers throughout our community to assist us in meeting the future and growing demand in addressing the needs of the LEP population in our service area. At this time 17

we do not anticipate cost prohibitive issues or any significant escalation in demand that will impact our ability to implement our LEP Plan. LEP Implementation Plan Through the four-factor analysis, SAAA has determined that the following types of language assistance are most needed and feasible: Types of assistance: 1. Language Line Translation Services for telephone contacts - Primarily Spanish 2. To a lesser degree, In-person translation for ADA eligibility assessments. 3. Translation function on our website. 4. Internet Translation for written materials. Staff Access to Language Assistance Services Agency staff that comes into contact with LEP persons can access language services by communicating the need to the Title VI Manager, and receiving access to available referral resources as soon as is possible. All staff will be provided with a list of available language assistance services or volunteers, additional information, and referral resources as we have both the need and have established multiple language recourses throughout our community. This list will be updated at least annually. SAAA will continue to develop available recourses to respond to calls from the LEP Public and will begin establishing some very basic Written Flash Cards to assist in communication with the LEP Population. These resources will be made available as necessary and our capability will be updated at least once each year and provided to the Virginia DRPT along with our annual reports. Staff Training As noted previously, all SAAA staff are provided with a list of available language assistance services and additional information and referral resources, and updated annually. All new hires receive training on assisting LEP persons as part of their new hire orientation and/or customer service training. This includes: A summary of the agency s responsibilities under the DOT LEP Guidance; A summary of the agency s language assistance plan; A summary of the number and proportion of LEP persons in the agency s service area, the frequency of contact between the LEP population and the agency s programs and activities, and the importance of the programs and activities to the population; 18

A description of the type of language assistance that the agency is currently providing and instructions on how agency staff can access these products and services; and Also, all staff who routinely come into contact with customers, as well as their supervisors and all management staff, receive annual refresher training on policies and procedures related to assisting LEP persons. Providing Notice to LEP Persons LEP persons are notified of the availability of language assistance through the following approaches: 1. Through signs posted in our vehicles and in our customer service and administrative offices, 2. Telephone contact with our transportation scheduler to establish eligibility for service and to schedule a ride. Monitoring/updating the plan This plan will be updated on a periodic basis (at least every three years), based on feedback, updated demographic data, and resource availability. As part of ongoing outreach to community organizations, SAAA will solicit feedback on the effectiveness of language assistance provided and unmet needs. In addition, we will conduct periodic internal meetings with staff who assist LEP persons and review of updated Census data of the adequacy and quality of the language assistance provided, and determine changes to LEP needs. In preparing the triennial update of this plan, SAAA will conduct an internal assessment using the Language Assistance Monitoring Checklist provided in the FTA s Implementing the Department of Transportation s Policy Guidance Concerning Recipients Responsibilities to Limited English Proficient (LEP) Persons: A Handbook for Public Transportation Providers. Based on the feedback received from community members and agency employees, SAAA will make incremental changes to the type of written and oral language assistance provided as well as updates to their staff training and community outreach programs. The cost of proposed changes and the available resources will affect the enhancements that can be made, and therefore SAAA will attempt to identify the most cost-effective approaches. As the community grows and new LEP groups emerge, SAAA will strive to address the needs for additional language assistance in a timely efficient method. 19

VIII. PUBLIC OUTREACH AND INVOLVEMENT Public outreach and involvement applies to and affects SAAA s mission and service delivery as a whole, particularly agency efforts and responsibilities related to SAAA s mandated services. The overall goal of SAAA s public outreach and involvement policy is to secure early and continuous public notification about, and participation in, eligible service offerings by SAAA. The WellTran Transportation Program is a major component of the SAAA service offerings. This program provides non-emergency medical transportation as well as non-medical transportation, which exceed ADA requirements for eligible participants throughout our Service area. FTA Section 5317 New Freedom Grants, primarily fund this program. In seeking public comment and review, SAAA makes a concerted effort to reach all segments of the population, including people from minority and low-income communities, persons with limited English Proficiency and organizations representing these and other protected classes. This is accomplished in a variety of activities. We actively participate in and are a stakeholder in the local service area wide Planning District 7, Coordinated Human Service Mobility Plan working group. This affords us access to other transportation providers, special interest groups, Social Services, community leaders, and we also have access to many demographic studies, statistics regarding under-served areas and people throughout our service area. Our primary focus with WellTran, is to serve persons with disabilities. This charter affords us the opportunity to provide needed transportation to many individuals who have no other mode of transportation. We therefore, provide services to elderly, economically underprivileged, persons who have no access to Public Transportation, individuals who are somewhat isolated by limited English language, and many who have no other support structure. SAAA utilizes a range of public outreach information and involvement opportunities, including, public meetings, information services, radio/tv announcements, targeted mailings, and agency newsletters. We work in partnership with many other organizations i.e., United Way, C-CAP, Red Cross, local Center for Independent Living, AARP, Community Service Board, Social Services, local schools and community colleges, etc. 20

Public Outreach Activities SAAA takes the following steps to ensure that any eligible minority, low-income, and LEP members of the community have meaningful access to SAAA s outreach and transportation related activities. Release of public notices within local newspapers of general circulation throughout the entire serving area and on the SAAA website. SAAA will include, in Spanish, information that will allow LEP persons to readily obtain complete translated copies of the notices and other relative information about our services. Public notices are issued to: Announce intent to apply for transit funding from DRPT, and to announce the formal comment period on the proposed program of projects, with a public hearing in advance of submitting the application. Posting public notices and other information as described above in our service vehicles. Conducting in-person outreach upon request at public meetings, community-based organizations, human service organizations which assist low income and LEP persons, places of worship, service organization meetings, cultural centers, and other places and events that reach out to persons protected under Title VI. Conducting periodic customer satisfaction surveys which are distributed to passengers on our vehicles. The above activities are the responsibility of Title VI Manager, Robert D. Haas, the Executive Assistant, Marsha LeBrecht and Director of Resource Development, Roberta Lauder. However, all of our staff and volunteers are in smaller ways involved in our activities and communications. 21

IX. PROCEDURES FOR ENSURING EQUITY IN SERVICE PROVISION SAAA is required to plan and deliver transportation services in an equitable manner among all New Freedom Transportation eligible persons. This means the distribution of equal services, access, and quality is to be equitable between minority and low-income populations and the overall eligible population. Service and Operating Policies The SAAA service and operating policies also ensure that operational practices do not result in discrimination on the basis of race, color, or national origin. Although our New Freedom Transportation Services are limited in scope, we do not discriminate in any way; the use, availability, adherence to established scheduled rides, safety or quality of transportation to our passengers. This is true on the basis of race, color, national origin, and every other category of protected persons. Monitoring Title VI Complaints As part of the complaint handling procedure, the Title VI Manager investigates possible inequities in any transportation service delivery about which the complaint was filed. If inequities are discovered during this review, options for reducing the disparity are explored, and service changes are planned and implemented if needed. In addition to the investigation following an individual complaint, the Title VI Manager periodically reviews all complaints received to determine if there may be a pattern. At a minimum, this review is conducted as part of preparing the Annual Report and Update for submission to the DRPT. 22

X. DATA COLLECTION AND REPORTING PROCEDURES Data collection To ensure that Title VI reporting requirements are met, SAAA maintains: A log and database of Title VI complaints received. The investigation of and response to each complaint is tracked within the database. See Appendix-B Sample Title VI Data Collection and Reporting Log A log of the public outreach and involvement activities undertaken to ensure that minority and low-income people had meaningful access to these activities. The agency maintains the following records related to public outreach and involvement: Paper files with copies of all news releases and/or public service announcements. A log/database of any, LEP assistance requested or provided. Maintenance of these records is the combined responsibility of Roberta Lauder, Director of Resource Development, Marsha LeBrecht, Executive Administrator, and Robert D. Haas, Title VI Manager. Annual Report and Triennial Updates Annual Reporting As a subrecipient providing service in an area with less than a 200,000 population, SAAA submits an annual report to the DRPT that documents any Title VI investigations, complaints, and/or lawsuits during the preceding 12 months. Triennial Reporting Every three years, the SAAA submits to DRPT, a complete list of the investigations, complaints, and/or lawsuits received in the prior three years, a summary of the public outreach and involvement activities undertaken to ensure that minority and low-income people had a meaningful access to these activities, and any updates to this Title VI plan. Updates to the Title VI Plan As noted above, every three years, the SAAA submits to DRPT an update to this Title VI Plan. The triennial Title VI update includes the following items, or a statement to the effect that these items have not been changed since the previous submission, indicating date. A copy of any complaint compliance review logs, reports for any reviews conducted in the previous three years, along with the purpose or reason for a review, the name of the organization 23

that performed the review (SAAA, legal council, etc.), a summary of findings and recommendations, a report on the status or disposition of all findings and recommendations, and: 1. SAAA s Limited English Proficiency (LEP) plan, 2. SAAA s procedures for tracking and investigating Title VI complaints, 3. A complete list of Title VI investigations, complaints or lawsuits filed with the SAAA since the last submission, 4. A copy of SAAA s agency s notice to the public that it complies with Title VI and instructions on how to file a discrimination complaint Ti 24

Appendix-A: SAAA Functional Title VI Organizational Chart SAAA Title VI Organization with Functional Responsibilities April 2014 Executive Director Catherine C. Galvin Executive Assistant Marsha LeBrecht Authorized Official Title VI Responsibility and Overall Administration and Compliance Active Living Center Transportation Contract / Subcontract ALC Directors 7 Transportation Director/Title VI Manager Robert D. Haas Director of Resource Development Roberta Lauder Director of Finance Rosemary Hennessy Accountant Bobby Jett Public Outreach LEP ALC Drivers 11 Customer Service Coordination Sandi Kirkland & Lea Smith New Freedom On-Demand Transportation WellTran Drivers 14 25

Appendix-B: Sample Title VI Data Collection and Reporting Log Shenandoah Area Agency on Aging Title VI Complaint Tracking Database Date Received Submission Method Name of Complainant Date of Incident Descriprion of Incident Name of Investigator Date Reported to Method of Lanquage of Report to DRPT complainant Investigation Findings Response to Individual Changes made as Result Other Sent to Legal Outcomes Counsel 26

Section I: Name: Address: Telephone (Home): Electronic Mail Address: Accessible Format Requirements? Section II: Appendix-C: Title VI Complaint Form (Shenandoah Area Agency on Aging) Large Print TDD Telephone (Work): Audio Tape Other Are you filing this complaint on your own behalf? Yes* No *If you answered, "yes" to this question, go to Section III. If not, please supply the name and relationship of the person for whom you are complaining: Please explain why you have filed for a third party: Please confirm that you have obtained the permission of the aggrieved party if you are filing on behalf of a third party. Section III: I believe the discrimination I experienced was based on (check all that apply): [ ] Race [ ] Color [ ] National Origin Date of Alleged Discrimination (Month, Day, Year): Explain as clearly as possible what happened and why you believe you were discriminated against. Describe all persons who were involved. Include the name and contact information of the person(s) who discriminated against you (if known) as well as names and contact information of any witnesses. If more space is needed, please use the back of this form. Yes No Section IV Have you previously filed a Title VI complaint with this agency? Yes No 27

Section V Have you filed this complaint with any other Federal, State, or local agency, or with any Federal or State court? [ ] Yes [ ] No If yes, check all that apply: [ ] Federal Agency: [ ] Federal Court [ ] State Agency [ ] State Court [ ] Local Agency Please provide information about a contact person at the agency/court where the complaint was filed. Name: Title: Agency: Address: Telephone: Section VI Name of agency complaint is against: Contact person: Title: Telephone number: You may attach any written materials or other information that you think is relevant to your complaint. Signature and date required below Signature Date Please submit this form in person at the address below, or mail this form to: Robert D. Haas Title VI Manager Shenandoah Area Agency on Aging 201 Mosby Lane Front Royal, VA 22630 28