TITLE vi 1964 Civil Rights Act: Non-Discrimination in Federally-Assisted Programs Russ Rivera Civil Rights Contract Compliance Officer Idaho Transportation Department Boise ID, 83702

This Training Will: Provide an overview of Title VI; Sub-recipent guide to assure effective Title VI implementation and enforcement; Examine data collection procedures; Identify public involvement tools.

“Simple justice requires that public funds to which all taxpayers of all races contribute, not be spent in any fashion which encourages, entrenches, subsidizes or results in racial discrimination” John F. Kennedy

Similar goals / Different language Level Playing Field Equity Equality

Equity – “FAIR” (Subjective) “The quality of being fair or impartial; fairness; impartiality” Can include, monetary value, and access to education and opportunity, Difficult to quantify Equality – “EQUAL” (Quantitative) “The state or quality of being equal; correspondence in quantity, degree, value, rank, or ability.”

Equity Vs. Equality Giving both men $1,000 for investment: EQUAL Giving each man a different amount, while also providing education and opportunity for the one in need: EQUITABLE

Equity Vs. Equality Avg. NET WORTH Race

Equality- “giving everyone a $1 million” Makes the entire world $1 Million Richer

equity Equity requires undoing historical inequality Providing Opportunity: ITD DBE Program Education: ITD Training Special Provisions

SEC. 601. “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.”

Civil Rights Act of 1964 Signed by Lyndon B. Johnson Constitutional Authority Regulation Interstate Commerce Equal protection of laws (14th ammendment) Voting Rights (Voting Rights Act)

title VI ensures Program/activity benefits and services are fair and made available to everyone. The program/activity location will not deny any person access. Persons are not adversely Impacted based on Race, Color, Gender, Etc. TITLE VI– PROTECTS YOU!!!

US Dept. Of Transportation Federal FHWA FTA FAA Federal Aid Highway Funding Federal Lands Highway Funding Idaho Transportation Dept. State LPA Local

All Recipients and Subrecipients must comply with federal Civil Rights Act (CRA) Title VI requirements. Consideration for impacts: Planning Right of way Project Development Construction Research

SEC. 601. “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.”

SEC. 601. “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.” SEC. 601. The Supreme Court has held that all persons, including undocumented citizens, are considered “persons” under the equal protection and due process clauses of the Fifth and Fourteenth Amendments of the Constitution.

SEC. 601. “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.” SEC. 601. Federal Code later amended to include discrimination based upon: sex, age, handicap / disability, english proficiency, income.

SEC. 601. “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.” SEC. 601. Program: Any highway, project or activity for the provision of services, financial aid or other benefits to individuals. Federal Financial Assistance: Grants or loans consisting of federal funds.

Subrecipient responsibilities Sign an Assurance Contract obligating sub-recipient to comply with Title VI Statute. Activities are conducted in a non-discriminatory manner. Ensure Title VI Provisions are in federally funded contracts Ensure Title VI provisions are in any other contracts extended to other subrecipients, including subcontractors. Establish a Method of Administration System of procedures policies and methods or mechanisms to ensure non-discrimination in all subrecipient activities and services regardless of federal funding.

Executive Order 12898 (EJ) "In making determinations regarding disproportionately high and adverse effects on minority and low-income populations, mitigation and enhancement measures that will be taken and all offsetting benefits to the affected minority and low-income populations may be taken into account…" --U.S. Department of Transportation Order on Environmental Justice

EJ Process: Overall Strategies and goals Review Questions: Overall Strategies and goals Strategies and efforts for ensuring Title VI compliance Developing a demographic profile Identifying socio-economic groups Service Equity Using demographic information to identify benefits and burdens of transportation investments Is there an analytical process in place? Public Involvement Engaging minority populations Reducing barriers Overall Strategies and goals What strategies and efforts are in place for ensuring Title VI compliance? Has a demographic profile for the MPO or been developed? Does the demographic profile identify location of socio-economic groups? Service Equity Does the planning process use demographic information to identify benefits and burdens of transportation investments? Is there an analytical process in place? Public Involvement How will the public process, engage minority and low income populations for “decision making” “certification review,” or “public outreach” ? What efforts have been made to reduce barriers, or address the above concerns?

Questions ON Environmental justice???

Limited English Proficiency Executive Order 13166 (LEP)

Do you have an LEP Plan?

http://www.youtube.com/watch?v=mSGbIpKRQ-c http://www.youtube.com/watch?v=NIGQe15IZlo 5:54-9:30

Executive Order 13166 (LEP) Limited English Proficiency (LEP) Presidential directive: “ensure meaningful access to services and programs” normally provided in English. Nondiscrimination authority grounded on Title VI. Provide guidance on how sub-recipients can provide meaningful access to services for LEP’s. Establish a plan with consistent standards and steps to overcome language barriers on programs and activities. Allow adequate opportunity for stakeholders to provide input. LEP is defined as a “person does not speak English as primary language and has limited ability to read, speak, write or understand English Failure to provide LEP services may constitute “national origin discrimination”

LEP Requirements (continued) Assessment of 4 factors Demography – Number and proportion of LEP’s in the service area. Frequency – Rate of contact with services or programs. Importance – Nature and importance of program services. Resource – Availability of resources. Plan of Action Identification – Volume and location of LEPs and LEP Communities. Language assistance measures – Types of language services available; how to respond to LEP callers; how to respond to LEPs in person: how to respond to written communication; types of documents/info to translate. Staff – Knowledge of policy and procedures, linguistic diversity and sophistication, cultural sensitivity and communication skills, training and experience. Outreach measures – Notification methods on special language assistance Monitoring and evaluation of efforts.

GOOD BAD Good and Bad Language of Title VI and LEP Plans -Innovative / Proactive -Recognize Statistics -Demographics -Engaging Cultures -Inclusive BAD -Undue Burden -Deny Reality -Internal polling -Extraneous Cost -Citizenship

GOOD BAD NON COMPLIANCE -Risk forfeiture of federal aid funding Good and Bad Language of Title VI and LEP Plans GOOD -Innovative / Proactive -Recognize Statistics -Demographics -Engaging Cultures -Inclusive BAD -Undue Burden -Deny Reality -Internal polling -Extraneous Cost -Citizenship NON COMPLIANCE -Risk forfeiture of federal aid funding

Examples “The City of “X” weighed the cost and benefits of translating documents for potential LEP groups. Considering the expense of translating documents, the likelihood of frequent changes in documents and other relevant factors, at this time it is an unnecessary burden to have any documents translated.” “The city of “Z” currently provides Spanish/English bilingual staffing at the “Z” City Hall and also in the Marshal’s department. The City may also consider a telephone language line, should staffing change. At this time the city provides accurate and competent language services and will continue to monitor and evaluate its service provided as the demographics change.”

Examples “The City of “X” weighed the cost and benefits of translating documents for potential LEP groups. Considering the expense of translating documents, the likelihood of frequent changes in documents and other relevant factors, at this time it is an unnecessary burden to have any documents translated.” X= Larger Overall Population (4x), Larger LEP Population by %10. Largest Overall Statewide LEP. “The city of “Z” currently provides Spanish/English bilingual staffing at the “Z” City Hall and also in the Marshal’s department. The City may also consider a telephone language line, should staffing change. At this time the city provides accurate and competent language services and will continue to monitor and evaluate its service provided as the demographics change.”

Questions ON Limited English Proficiency???

ADA compliance Transition Plan (>50 staff members) Identify physical obstacles limiting accessibility. Describe methods used to attain accessibility. Specify Schedule. Indicate individual responsible for ADA compliance.

ADA Transition Plan Needs assessment

Do you have a complaint process When to file What information to include Recordkeeping on complaints Outcome notification Alternative contacts

ADA compliance

Curb Ramp funding ?!?!?!?! ITD will be conducting funding workshops throughout the state beginning in November. One of the funding programs is for replacing noncompliant ADA ramps . Details will be provided during the workshop. If you are interested in receiving the schedule or information regarding this program or upcoming programs please check the box indicated on the sign-in sheet. Please be sure to include your email address.

Questions ON ADA Compliance???

http://www.itd.idaho.gov/civil/Title6.htm

Common Issues with Title VI Plans: Title VI Coordinator Policy setting authority and regulations Federally and non-federally assisted programs are included Complaint notification (ITD and other recipients) LEP, Four factor analysis

Julie Caldwell Contract Compliance Officer Idaho Transportation Department (208) 334-8458 Julie.Caldwell@ITD.Idaho.Gov Russ Rivera (208) 334-8152 Russ.Rivera@ITD.Idaho.Gov