Ensuring Meaningful Access for Survivors with Limited English Proficiency

presented by

DateLocation

Organization Name here

Your mission or key services here.

(feel free to change photo to your org logo or one of your program photos)

Goals for today1. Create awareness around

improving accessibility of your services to individuals with LEP.

2. Support you in better understanding, and meeting your obligations to provide language access.

3. Provide tools and resources to support you in addressing challenges to language access.

PART I: SHARED GOALS

Explore Roles & GoalsBreak up into pairs or small groups:

• What is your role at your organization?• What are your goals related to supporting individuals accessing your

services?

PART II: LANGUAGE ACCESS

Why is language access important?

• In 2011, there were 300 languages spoken in the U.S. other than English

Spanish

FrenchGerman

Chinese

Tagalog

Viet-namese

KoreanArabic

Other

• In 1990 the top 5 languages spoken by LEP individuals: Spanish, Chinese, French, Italian and German.

• In 2000: Vietnamese, Korean and Russian in positions 3-5; By 2010 Russian replaced by Tagalog.

• Different top languages between and within states.

• Of the 40 million foreign-born individuals in 2010, 52% were LEP; 48% spoke English.

• Children of immigrants learn English at very rapid rates; generational differences stark.

Linguistic Changes Over Time

Local Diversity• Insert statistics about your area

• Explore census.gov for information about your city/county/state• Review the court’s LEP plan for relevant data• Look at public school data for languages spoken• Call a local hospital and see what languages are most often

requested

Individuals with LEP

People with Limited English Proficiency (LEP) do not speak English as their primary language and have a limited ability to read, write, speak or understand English

• In 2011, one out of five people living in the United States (over 60 million people) spoke a language other than English at home

• Of those, over 22 million people spoke English “not well” or “not at all”

Intersections: DV/SA and LEP

“The closest shelters don’t offer services in Spanish. The police gave me a list of shelters, but they didn’t specify which ones might be able to help me in Spanish.”

Realidades Latinas: A National Survey on the Impact of Immigration and Language Access on Latina SurvivorsCasa de Esperanza: National Latin@ Network and the Hotline

2013 & 2014

A National Survey revealed that 36 percent of the Spanish-speaking callers (who had also previously sought services) stated that they had encountered problems due to language access.

• Lack of knowledge and misinformation about the U.S. legal system, shelter system, and other services

• Fears of the police and judicial system, of deportation, of social services and child welfare agencies, etc.

• Linguistic and cultural barriers

• Discrimination

• Economic and employment challenges

• Isolation from family and community

Barriers to Seeking Help for Immigrants

Language Acquisition Takes Time

“[I am a] citizen in this country now, but still have problems with the language and not understanding the legal words in English. I feel now that I understand the law better, but need help with the words…”

Realidades Latinas: A National Survey on the Impact of Immigration and Language Access on Latina Survivors

The National Latin@ Network for Healthy Families and Communities and National Domestic Violence Hotline

February 2014

PART III: RESPONSIBILITY TO PROVIDE LANGUAGE ACCESS

True or False?

Only courts are covered by Title VI of the Civil Rights Act of 1964

Group Question

Title VI of the 1964 Civil Rights Act

The correct answer is “false.”

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.

Section 601 of Title VI, 42 U.S.C. sec. 2000d

Implementation of Title VI

• The U.S. Supreme Court stated that one type of national origin discrimination is discrimination based on a person’s inability to speak, read, write or understand English (Lau v. Nichols (1974))

• President Clinton signed Executive Order 13166 in Aug. 2000: "Improving Access to Services for Persons with Limited English Proficiency.”

Executive Order 13166

2. The US Department of Justice shall develop guidance for federal agencies to improve access to all federally-funded programs and activities for persons with LEP.

1. Federal agencies must also ensure that recipients of federal financial assistance provide meaningful access to applicants and beneficiaries with LEP.

US Department of Justice Guidance

The Guidance states federal agencies must:• examine the services they provide• identify any need for services to people with LEP• develop and implement a system to provide meaningful

access to those services for people with LEP• develop a Language Access Plan

Department of Justice“Guidance to Federal Financial Assistance Recipients

Regarding Title VI Prohibition Against National Origin DiscriminationAffecting Limited English Proficient Persons”

Federal Register, Vol. 67, No. 117, 18 June 2012

Who is a Recipient of Federal Assistance?• Federal financial assistance includes grants and training.

• Recipients of federal funds range from state and local agencies, to nonprofits and other organizations.

• Sub-recipients of federal funds are included under the laws and regulations regarding LEP. Sub-recipients receive federal funds from another entity (e.g., state funds that are a pass-through of federal dollars).

How does this apply to courts? If the court only receives some federal funding to support a specific project or program in criminal cases, are the activities in civil court affected by Title VI LEP requirements?A. No. Only the criminal court activity funded is required to

provide language access.B. No. However all criminal proceedings are covered because

one aspect of it is Federally funded.C. Yes. All courthouse activities are covered, including those

not funded with federal dollars.

The answer is…C.• Title VI covers a recipient's entire program or activity.

• This means all parts of a recipient's operations are covered. This is true even if only one part of the recipient’s operations receives the federal assistance.

• All courthouse activities are covered.

What is required? Title VI requires that• Recipients of federal assistance and federal agencies are

required to take reasonable steps to ensure meaningful access to their programs and activities by LEP persons.

• The starting point is an individualized assessment that balances the following four factors:

Individualized Assessment1. The number or proportion of LEP persons eligible to be

served or likely to be encountered by the program or grantee

2. The frequency with which LEP individuals come in contact with the program

3. The nature and importance of the program, activity, or service provided by the program to people's lives

4. The resources available to the grantee/recipient or agency, and costs

See LEP Policy Guidance issued by different federal agencies:http://www.lep.gov/guidance/guidance_index.html

Meeting of Federal Interagency Working Group on Limited English Proficiency 4/20/09:

“I want to point out 2 key areas of guidance… that applies across all agencies and recipients:

First, as time goes on, the bar of reasonableness is being raised. The need to show progress in providing all LEP persons with meaningful access increases over time..

The second cross-cutting point is that, even in tough economic times, assertions of lack of resources will not provide carte blanche for failure to provide language access. Language access is essential and is not to be treated as a “frill” when determining what to cut in a budget…”

http://www.lep.gov/Kingremarks4_20_09.pdf

Remarks from Assistant General Attorney

True or False?

If my county or city has an “English-only” law, then my organization does not have to comply with Title VI LEP requirements.

Group Question

• Despite a state's or local jurisdiction’s official English-only law, Title VI and the Title VI regulations apply. Recipients continue to have a legal obligation under federal law to provide meaningful access for LEP persons (also true regardless of immigration status).

• State and local laws may provide additional obligations to serve LEP individuals, but cannot compel recipients of federal financial assistance to violate Title VI.

(The correct answer was “false.”)I

What if my state or local jurisdiction has an “English only” law?

Impact of Language Access

• Share a story from your program/organization that highlights how important language access is for people accessing the court system. • This could be a challenge story (what happens when there was no

language access). • This could also be a success story (what happens when adequate

language access is provided). • Keep in mind confidentiality when sharing participant stories.

Systems Advocacy for Meaningful Access for LEP Individuals

Ensuring meaningful language access should be part of a coordinated community response:

• Among DV/SA service providers• Police• Prosecutors• Courts• Social service providers• Hospitals

DiscussionAre there any areas of opportunity or improvement for

language access in your organization?

Questions about language access?

Developing an Effective Language Access Plan

Implementing a language access plan is a proactive approach to assisting survivors who have limited English proficiency:

• Reduces the language access obstacles for survivors and advocates.

• Makes access to court remedies much more efficient.

• Is the right thing to do.

• Is legally required of federal funded programs.

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