KRISTI CRUZ ANN WENNERSTROM WASHINGTON STATE COALITION FOR LANGUAGE ACCESS LANGUAGE ACCESS 101

WASHINGTON STATE COALITION FOR LANGUAGE ACCESS Our Mission To ensure the provision and delivery of effective legal, medical, and social services to Limited English Proficient (LEP) residents in Washington State through the collaborative efforts of interpreters, translators, and service providers. Key phrase: “collaborative efforts” Website:

OVERVIEW Immigrant demographics of Washington state Federal legal obligations providing language access Scenarios: Practice applying the law State and local rules Assessing your organization’s language assistance Resources

WASHINGTON IMMIGRANT DEMOGRAPHICS Center for Immigration Studies Report: 2010 Foreign born persons ,144 Foreign born persons ,262 Foreign born persons in percent201013% Language other than English Spoken at Home (U.S. Census ) 17.8%

ADDRESSING THE PROBLEM Because of language and cultural differences, individuals with limited English proficiency (“LEP”) are often denied equal access to policies, programs, services, and benefits. How can we help?

DEFINITION OF “LEP” Persons who do not speak English as their primary language and who have a limited ability to read, speak, write or understand English can be limited English proficient, or “LEP.”

FEDERAL LAW

WHO IS COVERED UNDER FEDERAL LAW? Government agencies Recipients of federal funding Examples: Law enforcement Courts State and local government agencies School districts Correctional facilities

CIVIL RIGHTS ACT OF 1964, TITLE VI 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.'‘ Section 601, 42 U.S.C. 2000d

DOJ IMPLEMENTING REGULATIONS 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 (b)(2).

LAU V. NICHOLS, 414 U.S. 563 (1974) National origin discrimination includes discrimination based on limited English proficiency. The San Francisco Unified School District had denied Chinese-speaking students “a meaningful opportunity to participate in the educational program....” when they failed to accommodate their LEP status.

EXECUTIVE ORDER AUGUST 11, 2000 Improving Access to Services for Persons with Limited English Proficiency Federal Agencies must prepare and implement LEP Plans. Federal agencies must issue LEP Guidance for recipients of federal funding.

DEPARTMENT OF JUSTICE GUIDANCE: FACTORS TO DETERMINE COMPLIANCE The number or proportion of non-English speakers served or encountered in the eligible service population The frequency with which non-English speakers come into contact with the program The importance of the benefit, service, or information to non-English speakers The resources available to the recipient and the costs of service

SCENARIO #1: THE CHOPPING BLOCK Please see scenarios handout!

FACTORS TO CONSIDER IN INTERPRETATION Type of interpretation services: Bilingual staff On-site interpreter services Telephonic interpreter services Community volunteers, friends Role of an interpreter: Neutral & confidential No counseling or giving advice Disclose potential conflicts of interest Quality of interpretation and assessment of skills

FACTORS TO CONSIDER IN TRANSLATION What to translate: “vital” documents Informational brochures Websites Signs and directories Quality of translation Updating and editing translated materials

SCENARIO #2: ALL IN THE FAMILY Please see scenarios handout!

REYES V. TOWN OF MATTAWA AND MATTAWA POLICE DEPARTMENT A federal discrimination complaint was filed against the town of Mattawa, WA, and its police department. Police lost contact with a domestic violence suspect who left to find an interpreter when none was available. Result: A comprehensive language access plan

MATTAWA LANGUAGE ACCESS PLAN: HIGHLIGHTS Free language access services provided In-person interpretation required for crucial situations Bilingual staff Contract interpretation services Translation of vital documents Regular staff training Regular review of the plan Complaint procedures

SCENARIO #3: MISTAKES WERE MADE Please see Scenarios handout!

STATE AND LOCAL LAWS AND POLICIES Washington State anti-discrimination law RCW Washington State Court Interpreters Act RCW 2.42 and 2.43 Cities and counties may enact further laws Individual agencies may create language access plans Find out about your own city, county, agency, or workplace!

LANGUAGE ACCESS ASSESSMENT AND PLANNING TOOL 1.Understanding how LEP individuals interact with your agency 2.Identifying LEP communities 3.Providing language assistance services 4.Training staff 5.Providing notice 6.Monitoring, evaluating, and updating

HOW DO LEP INDIVIDUALS INTERACT WITH YOUR AGENCY? What is the manner of interaction with LEP persons? By telephone? In person? Electronically? What is the method of language accessibility for each type of interaction?

IDENTIFICATION AND ASSESSMENT OF LEP COMMUNITIES How do LEP clients first contact your agency? How do you identify LEP clients? Do you collect data on those served and those eligible to be served? How do you assess LEP communities in your service area?

PROVIDING LANGUAGE ASSISTANCE SERVICES What types of language assistance services do you provide? What are your vital documents? Do you have information on your website for LEP? Do you keep records of services provided and costs? How do you certify or assess the skill interpreters, translators, or bilingual staff?

TRAINING STAFF ON POLICIES AND PROCEDURES How often do you train staff in policies and procedures? Do you have a method to assess staff skills? Do you train staff in cultural competence? Do you create materials and manuals for staff?

PROVIDING NOTICE OF LANGUAGE ASSISTANCE SERVICES How do you inform the public of language assistance services? Does your website reach out to LEP individuals? Does your office have signage to guide LEP persons to language services?

MONITOR AND UPDATE PROCEDURES, POLICIES, AND PLAN Do you have a language access policy in writing? Do you have a complaint / feedback process? Do you have self-assessment tools? Do you monitor and plan for change?

LANGUAGE ASSISTANCE MEASURES – IN PRACTICE Oral Interpretation Needs: Develop a plan to hire bilingual staff & staff Interpreters Research and select telephonic interpreter services contracts Create lists for in-person interpreter services Know how to find interpreters in your area Written Translation Needs: Assess all documents and create “vital” document list Create a translation protocol Research and select professional translator contracts Write a Language Access Plan

RESOURCES General Information- Lep.gov Data - migrationpolicy.org Identification- I Speak Cards, Trainings- (NJP Language Access Channel) ABA Standards on Language Access in Courts Continue this conversation! Maintain contact with similar agencies in your state, region, or municipality and share tools, resources and ideas.

THANK YOU! Kristi Cruz Ann Wennerstrom