Service Provider Orientation Title VI and Individual Rights Training Civil Rights Act of 1964 Presented By: Tennessee Department of Intellectual and Developmental Disabilities (5/2015) 1

Goal To protect human and civil rights of individuals receiving DIDD services and to ensure equal access to programs, activities, and services regardless of race, color, sex, disability, age or national origin. 2

Objectives Participants will :  Become familiar with the rights of individuals receiving DIDD services,  Be aware of DIDD service providers’ human and civil rights compliance responsibilities  Review federal civil rights laws,  Understand DIDD’s and DIDD service providers’ role in ensuring Title VI compliance,  Recognize Title VI prohibited practices,  Identify DIDD service provider’s Title VI and LEP responsibilities,  Know where to obtain technical assistance for Title VI and other civil rights related laws, and 3

All individuals receiving services through the Department of Intellectual and Developmental Disabilities (DIDD) have the same human and civil rights as all people, unless their rights have been limited by court order or law. People do not give up their rights when they accept services from DIDD. Tennessee Code Annotated (TCA) TCA Rights of persons under this title are equal to those of other persons except as limited by this title. 4

Human Rights Human Rights are innate rights and freedoms to which all humans are entitled. These rights include the right to life, liberty, equality, and the pursuit of happiness. Human Rights also refer to basic respect and dignity that should be afforded to each individual. (US Constitution and Declaration of Human Rights) 5

Civil Rights Civil rights are enforceable rights or privileges, which if interfered with by another gives rise to an action for injury. Examples of civil rights are freedom of speech, press, and assembly; the right to vote; freedom from involuntary servitude; and the right to equality in public places. Discrimination occurs when the civil rights of an individual are denied or interfered with because of their membership in a particular group or class. 6

DIDD Service Provider Responsibilities - Individual Rights When a DIDD service provider agrees to render services to a person, the provider is in essence making a promise to honor the individual’s rights and provide services in a way that is in the best interests of that individual. 7

DIDD Service Provider Responsibilities - Individual Rights All staff employed by the service provider to directly provide or oversee services, have a role in contributing to the overall quality of services and in assuring that people are treated fairly and respectfully. This includes respecting the rights, lifestyle and/or personal beliefs of the person supported and supporting the person’s choices to the extent possible. 8

DIDD service providers must ensure that their staff have a basic understanding of individual rights and how to honor those rights while providing services. This is generally accomplished through a combination of training, mentoring, providing adequate staff oversight, and guided by provider policy. Staff should receive, at a minimum, the following training: Recognizing and respecting people's rights; Honoring preferences in regard to how people choose to exercise their rights, and Due process procedures for placing limitations or restrictions on a person's rights. DIDD Service Provider Responsibilities - Individual Rights 9

In addition to honoring individual rights and assisting people to exercise their rights, providers have a responsibility to help people understand that along with rights come responsibilities. To fully participate in community life, people must be assisted in learning what is expected of them when certain choices are made. 10

DIDD Service Provider Responsibilities - Individual Rights Human Rights Committee (HRC) ensures that human and civil rights of persons receiving DIDD services are not violated. Functions of a HRC may include, but is not limited to, the following:  Serve as an advisory committee to a service provider executive director or a DIDD regional director;  Approve restrictions (with the informed consent of the person supported and/or their legal representative);  Ensure that rights limitations are temporary in nature and that they occur in very specifically defined situations;  Review behavior support plans (BSPs) that include restricted interventions and other restrictive actions for potential human rights violations; 11

DIDD Service Provider Responsibilities - Individual Rights  Review and make recommendations regarding complaints received pertaining to potential human rights violations;  Provide technical assistance to providers regarding policies or procedures affecting the rights of an individual or the ability of an individual to exercise their rights; and  Review and make recommendations regarding research proposals or academic projects involving individuals receiving services through DIDD to ensure that implementation of the proposal or project will not result in human rights violations. (Regional HRCs Only) 12

DIDD Service Provider Responsibilities - Individual Rights Service provider executive directors, or their designee, are responsible for ensuring HRC chairpersons and committee members receive training prior to participating in a HRC meeting and shall be responsible for scheduling and tracking on-going HRC training. 13

Federal Regulations Assurances Recipients of federal financial assistance must sign an assurance agreement with respect to non-discrimination prior to receiving federal financial assistance. 14

Civil Rights Laws Agencies receiving federal financial assistance must comply with certain Federal civil rights laws. Federal civil rights laws prohibit certain types of discrimination. (1)Title VII of the Civil Rights Act of 1964, prohibits discrimination in employment; (2)Subtitle A of Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973, both regulations prohibit discrimination against otherwise qualified people on the basis of disability; (3)Section 508 of the Rehabilitation Act of 1973, prohibits discrimination on the basis of disability in electronic information and technology in federally-assisted programs and activities. (4)Title VI of the Civil Rights Act of 1964, prohibits discrimination on the basis of race, color, or national origin. 15

Title VI of Civil Rights Act of 1964 “No person in the United States shall on the basis of race, color or national origin, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” 42 U.S.C. § 2000d et seq., 16

Title VI of Civil Rights Act of 1964 Title VI was included in the Civil Rights Act of 1964 to establish a national policy of nondiscrimination. The State Attorney General of Tennessee on May 28, 1992 issued opinion no to give state agencies and their sub-recipients general information concerning the federal law. 17

18 Title VI of Civil Rights Act of 1964 Tennessee Attorney General’s Opinion: Agencies or corporations which receive federal financial assistance are subject to the restrictions of Title VI of the Civil Rights Act of 1964 and the Civil Rights Restoration Act of 1987.

Title VI Prohibited Practices  Denial of any individual, any services, opportunities, or other benefits for which that individual is otherwise qualified.  Provide any individual with any service, or other benefit, which is different or is provided in a different manner from that which is provided to others in a program.  Subject any individual to segregated or separate treatment in any manner related to his receipt of service. 19

Title VI Prohibited Practices  Restrict an individual in any way in the employment of services, facilities or any other advantage, privilege or other benefit provided to others under the program.  Adopt methods of administration which would limit participation by any group of recipients or subject them to discrimination.  Address an individual in a manner that denotes inferiority because of race, color or national origin. 20

Title VI does not apply to: 1.Employment, except where the purpose of the federal assistance is to provide employment. 2.Relief for discrimination based on age, sex, geographical locale or wealth. 3.Direct benefit programs such as Social Security. 21

Title VI Limited English Proficiency (LEP) Recipients of federal financial assistance must assure that they provide meaningful access to waiver services by Limited English Proficient persons in accordance with: (a)Presidential Executive Order of August 11, 2000 (65 FR50121) and (b)Department of Health and Human Services “Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons ” (68 FR August 8, 2003). 22

DIDD and DIDD Service Provider Title VI Compliance DIDD must submit an annual Title VI compliance report and implementation plan to the Tennessee Human Rights Commission pursuant to the requirements of Tennessee Code Annotated (TCA) Sections through The plan includes:  DIDD’s and DIDD service providers’ efforts to comply with Title VI;  Plan of Action to comply with Title VI through policies, procedures, and monitoring processes;  Status report on previous year’s plan; and  Goals and Objectives. 23

DIDD Service Provider Responsibilities  Designate a Title VI Coordinator.  Develop Policies and Procedures to include at a minimum: How employees are trained on Title VI How individuals receiving services are notified of their rights under Title VI Title VI Compliant Procedures  Ensure that individuals with Limited English Proficiency (LEP) have meaningful access. 24

Meaningful Access  Do LEP individuals receive: ◊ Adequate information? ◊ Receive services/benefits for which they are eligible?  Are LEP individuals able to communicate relevant circumstances of their situation? 25

Five Elements of Effective Language Assistance Programs  Identify language needs,  Develop and implement written policies and procedures for how language assistance will be provided,  Train staff,  Provide notice to LEP persons, and  Monitor vigilantly. 26

Title VI Self-Survey 27

Title VI Self-Survey  Submitted annually; Survey period: July 1 st – June 30 th  Cover agency Title VI activities, beneficiaries demographics, policies and procedures, training of staff, LEP activities and notification of individuals receiving services; and  Consequences for non-compliance. 28

On-Site Monitoring Conducted annually by DIDD auditors:  Review personnel records for Title VI orientation and annual training;  Title VI notification to individuals receiving services or their legal representative;  Title VI poster; and  Review for evidence of complaints. 29

For assistance with Title VI complaint process, training, supplies or resources, please contact DIDD Regional Title VI Coordinators: EAST REGION Janet Kinley, Compliance Director-East East Regional Office-Greeneville P.O. Box 130 Afton TN (Phone) MIDDLE Michael Ledbetter, Title VI Coordinator-Middle 291 Stewarts Ferry Pike Nashville, TN (615) WEST REGION Janet Neihoff, RN, Program Director Protection from Harm, WTRO 225 Dr. Martin Luther King Jr. Drive Fourth Floor, Tower B Jackson, TN desk cell

You may also contact: Brenda Clark, Director DIDD Office of Civil Rights 400 Deaderick Street, 10 th FL Nashville, TN (615)