Transcript Kristi Cruz - Washington State Coalition for Language

LANGUAGE ACCESS 101
KRISTI CRUZ
ANN WENNERSTROM
WASHINGTON STATE COALITION FOR LANGUAGE ACCESS
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: www.wascla.org
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 1990
322,144
Foreign born persons 2010
886,262
Foreign born persons in percent 2010
Language other than English Spoken at Home
(U.S. Census 2007-2011)
13%
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:
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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
42.104(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 13166
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.
• www.lep.gov
DEPARTMENT OF JUSTICE GUIDANCE:
FACTORS TO DETERMINE COMPLIANCE
•
The number or proportion of non-English speakers
served or encountered in the eligible service
population
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The frequency with which non-English speakers
come into contact with the program
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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:
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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:
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“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 49.60
• 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
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4.
5.
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Understanding how LEP individuals interact with
your agency
Identifying LEP communities
Providing language assistance services
Training staff
Providing notice
Monitoring, evaluating, and updating
HOW DO LEP INDIVIDUALS INTERACT
WITH YOUR AGENCY?
What is the manner of interaction with LEP
persons?
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By telephone?
In person?
Electronically?
What is the method of language accessibility for
each type of interaction?
IDENTIFICATION AND ASSESSMENT OF
LEP COMMUNITIES
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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
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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
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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
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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 Informationwww.wascla.org
Lep.gov
• Data - migrationpolicy.org
• Identification- I Speak Cards,
http://www.justice.gov/crt/about/cor/pubs.php
• Trainingshttp://www.youtube.com/playlist?list=PLEDBA3D39A7D52DBD
(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
[email protected]
Ann Wennerstrom
[email protected]