1. KRISTI CRUZ ATTORNEY NORTHWEST JUSTICE PROJECT KRISTIC@NWJUSTICE.ORG CHRISTY CURWICK HOFF, MPH HEALTH POLICY ADVISOR GOVERNOR'S INTERAGENCY COUNCIL ON HEALTH DISPARITIES WASHINGTON STATE BOARD OF HEALTH CHRISTY.HOFF@DOH.WA.GOV Writing & Implementing a Language Access Plan

2. Learning Objectives Understand the legal requirements to be incorporated into a language access policy. Identify the steps necessary to develop it. Understand how to implement it and provide outreach to LEP population. Know where to find resources to help.  Learn about the Interagency LEP Workgroup

3. UNDERSTAND THE LEGAL REQUIREMENTS TO BE INCORPORATED INTO A LANGUAGE ACCESS POLICY Part I

4. Why is Language Access Important? 20.6% of the U.S. population speak a language other than English at home. 4.5 % of U.S. Households are “linguistically isolated.” Individual level—services denied or reduced, resulting inequality and hardship. Changing demographics and needs. American Community Survey, U.S. Census

5. What is LEP? Limited English Proficient Persons or “LEP”  English is not primary language; and  Limited ability to understand, speak, read or write in English

6. Overview of the Law: Title VI of the Civil Rights Act of 1964 Lau v. Nichols, 414 U.S. 563 (1973) Executive Order 13166 DOJ and Agency LEP Guidance Revised Code of Washington Washington Law Against Discrimination Consent Decrees

7. Civil Rights Act of 1964/ Title VI Section 601 provides:  No person 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.”

8. Title VI Implementing Regulations:  To “ensure meaningful access to their programs and activities by persons with limited English proficiency.” 28 CFR 42.104 (b)(2).  Forbids recipients from “utilizing criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, or national origin…” 28 CFR 42.104(b)(2).

9. Executive Order 13166 Federal agencies must plan to provide meaningful access to LEP persons. Federal agencies must provide guidance to grantees on language access requirements. 65 Fed. Reg. 50121(2000)

10. Title VI Analysis Federal Funding Recipient? What is the appropriate mix of language services?  The law requires all recipients of Federal financial assistance to provide meaningful access to LEP persons.  Pass through funding reaches the end provider.  Executive Order 13166 extends these requirements to all Federal agencies and requires agencies to issue guidance to recipients of financial assistance.

11. Guidance – 4 Factor Test Factors to determine compliance: 1. The number or proportion of non-English speakers served or encountered in the eligible service population 2. The frequency with which non-English speakers come into contact with the program 3. The importance of the benefit, service, or information to non- English speakers 4. The resources available to the recipient and the costs of service. GOAL: Meaningful Access for All

12. DOJ Response to Complaints Typical resolutions include:  Mechanism for assessing program’s delivery of language services  Establishment of processes/ procedures for:  Delivery of interpreter services  Ensuring quality  Identification of LEP persons  Notice requirements  Translation of documents  Staff training  Monitoring & Compliance

13. Justice.gov/crt/

14. “Meaningful Access” depends on the setting & nature of the interaction: Housing Public Benefits and Government Services Medical Providers SSA Schools Courts Law Enforcement Attorneys

15. CREATING A LANGUAGE ACCESS POLICY AND PLAN Part II

16. Gather data: what barriers do LEP clients encounter when seeking legal help? Barriers to Initial Access.  Telephone, signs, ads, notices  Lack of awareness of availability of services Staff unfamiliar or unaware of procedure for working with LEP persons or interpreters. No language services in place to serve LEP clients. Poor quality language services used. Uneven access to all services and programs. Lack of translated documents.

17. Step 1- Self-assessment What is the demographic profile of the population you serve? Do you gather data on language needs of persons accessing your services? How does your program interact with the public? What services are in place currently? How important are the programs you provide? What resources do you have?

18. Lep.gov

19. Step II- Identify resources Do you know how to find qualified and well trained interpreters, translators and bilingual staff? Have you located curricula to train all staff on the requirements of language access and how to work with interpreters? What are ways you monitor for quality of service? Which member of your staff could coordinate resources and continue to update them?

20. Step III - Develop a written LEP Policy & Procedural Manual Policy: Organization’s commitment to providing meaningful access. Procedural Manual: Organization’s step by step guide to staff to implement the policy.

21. Components of a Policy Clear statement of commitment to provide language assistance services to all LEP persons. “Shall” and not “may.”

22. Components of a Plan: Definitions Identification of LEP persons Notification of services Language Assistance Measures:  Description of situations where interpreting (oral) must be provided  Description of circumstances when written materials will be translated Mechanism for complaints, monitoring, and updates.

23. Policy and Identification Issues Issues to consider include: Clear organizational intent to provide services; Importance of using “shall” or “must” where services required; System allows LEP person to self-identify; Accurate definition section; Flagging of LEP cases – language.

24. Language Assistance Measures: Issues to consider include: Bilingual staff: testing of proficiency Use of qualified interpreters Ethical requirements of interpreters Efficient use of bilingual staff versus “silo” effect on LEP cases Union issues when testing bilingual staff or providing additional compensation

25. Notification of services What to include in notification (free of charge, timely, complete description of services) Notification to both English speakers and LEP population Outreach to community groups How many languages to translate the notice into? Provision of video or audio files for populations with low literacy

26. Description of situations where interpreting (oral) services must be provided In-person versus telephonic Systems for setting up and tracking services Technology available Efficiency of systems Qualifications of interpreters Prohibition on use of family & children as “interpreter”

27. Description of circumstances when written materials will be translated Which documents? Which languages? Plan to expand translations Ways to keep materials updated Need for quality control - review Importance of awareness of dialects and regional variations

28. Training Staff The policy The procedures:  Definitions & Terminology  Determining the need for an interpreter  Interpreter Ethics  Qualifying an interpreter  Mechanism for requesting interpreter services, tracking Tips for working with interpreters Access to technology

29. Mechanism for complaints, monitoring, and updates Need for regular review and response to changes in technology (e.g. call center access) Monitor for changes in population and new language groups Outreach to community members Training of staff on how to monitor for quality Reversal of action when no language access services provided

30. UNDERSTAND HOW TO IMPLEMENT A SUCCESSFUL POLICY Part III

31. Barriers to Implementation Not understanding obligation; No budget for interpreters/translators; Lack of language data; “All or nothing” approach (not wanting to start with small steps and grow a program/policy over time); Competing priorities; Other?

32. Suggestions for overcoming barriers Teaming up with other agencies for efficiency Develop a schedule Identify allies Provide evidence of harm Educate

33. Outreach to LEP communities Work with Human Rights Commissions, Mutual Assistance Agencies, Community Based Organizations and other partners Gather information on problems –identify what resources can be provided Develop materials Plan outreach—what, when, where, and how Check for feedback, what worked and what didn’t Continue to develop resources—agencies, LEP community members

34. RESOURCES Part IV

35. Interagency LEP Workgroup Forum for state agency representatives Quarterly meetings Agency survey results

36. Interagency LEP Workgroup Interested in participating?  Join our electronic distribution list to receive meeting invitations and the occasional informational email.  Contact:Christy Hoff 360-236-4108 christy.hoff@doh.wa.gov

37. Resources: Visit www.lep.gov for information about obligation to provide services to LEP individuals.www.lep.gov www.wascla.org DOJ: http://www.usdoj.gov/ctr/cor/TitleVIhttp://www.usdoj.gov/ctr/cor/TitleVI Federal Coordination and Compliance Section (FCS) http://www.justice.gov/crt/ Self-Assessment Tool