ABA National Institute on Use and Integration of Interpreters in Civil Representation of Victims of Domestic Violence, Sexual Assault, and Stalking

Gillian Dutton Northwest Justice Project Seattle, Washington

How to Effectively Establish Language Access at Your Organization

Topics

• •     History in Washington State Demographics Legal Requirements to Provide Services Interpretation/Translation Issues • Bilingual Staff • Interpreters • Translation of Documents • Training Outreach and Advocacy LEP Systems

History of Legal Services Work on LEP Issues

 Office for Civil Rights Complaints  Reyes Consent Decree  Interpreter Certification  Court Interpreter Requirements  Refugee and Immigrant Advocacy Project  Washington State Coalition for Language Access

5 Steps

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Determine language need Train staff on legal requirements and how to work with interpreters Establish systems: bilingual staff, interpreters, telephonic contract Establish systems for translation (documents, publications etc.) Monitor and improve

Step 1

    Determine language need Census data www.mla.org

School district data Client data

Demographics: Immigrant Population in Washington State  90% of recent immigrants coming from non-English speaking countries  Over 631,500 immigrants in Washington State (2005)  10.3% of the state population (2005)  Immigrant pop. Age (1999) 7% 0 to 17 22% 46% 13% 11% 18 to 24 25 to 44 45 to 64 65+

School District Statistics (2002)

      181 Languages spoken statewide 62% Spanish speaking Additional 24% concentrated in seven other languages Seven other languages spoken by at least 1000 students (Russian, Ukrainian, Vietnamese, Korean, Cambodian, Somali and Tagalog) 21 districts served over 1000 LEP students 22 districts had at least 25% LEP students

Plan for change . . .

 Steady growth of Spanish speaking residents  Bosnian, Somali (and other East African languages) and Ukrainian are growing  Vietnamese, Cambodian and Lao continue to decline  Spread of multiple languages out of western part of the state, e.g. Spokane, Richland, Central Kitsap, Kennewick serve more than 20 languages

Avoid assumptions      Cape Flattery school district has 178 Makah speaking students Central Kitsap has Finnish, Arabic, and Gujarati among its 20 languages Colville has 22 Russian speakers in its schools, Moses Lake 2 Swahili speakers Kennewick has Mandingo, Yoruba and Kakwa among its 20 languages Longview has Thai, Tongan and Gujarati among its 16 languages

NATIONAL DEMOGRAPHIC IMPERATIVES

Foreign Born Portion of Population (US)

16% 14% 12% 10% 8% 6% 4% 2% 0% 1900 1910 1920 1930 1940 1950 1960 1970 1980 1990 2000

Census Year

LATINO POPULATION GROWTH (US)

120 100 80 60 40 20 0 1970 1980 1990 2000 2010

YEAR

2020 2030 2040 2050

ASIAN POPULATION GROWTH (US)

40 35 30 25 20 15 10 5 0 1950 1960 1970 1980 1990 2000 2010 2020 2030 2040 2050

YEAR

Limited English Proficient Clients

 21 million LEP’s (2000 census)  8+% of population  50% increase from 1990  Sharp growth in non-traditional states and localities

Step 2

  Train staff on legal requirements and how to work with interpreters www.lep.gov

Use in advocacy (government agencies, courts, etc)

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.”  Because of language and cultural differences, LEP individuals are often delayed or denied equal access to and participation in policies, programs, services, and benefits

ABA Standard of Practice 1.7 for LEP Clients

 Comprehensive Language Access Plan  Provide services in LEP client’s primary language

Standard 1.7 Bases

 Demographic imperatives  Funding requirements  LSC Guidance  Title VI  Ethical issues

Review of the Law: TITLE VI and Executive Order 13166

 Under DOJ regulations implementing Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq. (Title VI), recipients of Federal financial assistance have a responsibility to ensure meaningful access to their programs and activities by persons with limited English proficiency (LEP). See 28 CFR 42.104(b)(2).

Title VI and the Executive Order (CONT’D)

 Section 601 of Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, provides: that 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.''

Title VI and the Executive Order (CONT’D)

 Department of Justice regulations forbid 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).

Title VI and the Executive Order (CONT’D)

 WHO IS COVERED?

Law requires all recipients of Federal financial assistance from DOJ to provide meaningful access to LEP persons. Executive Order 13166 signed August 11, 2000 extended requirements to federal agencies

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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

COMPLIANCE TOOLS

 Developing a Comprehensive Written Policy  Determining and Tracking Language Needs  Training and Competency Protocols  Monitoring and Evaluating Language Needs

Step 3

Establish systems:     Notification to clients of services Bilingual staff Interpreters Telephonic contract

Factors to consider

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Staff lack of understanding of language skills Ignorance of interpreter role Systems for tracking, requesting and reimbursing Interpreter quality and confidentiality Technology (hotline, 3 way call/speaker phone) Need for assessment of staff skills Adequate access to interpreter resources

Step 4

    Establish systems for translation Client File Documents (retainer, release, etc.) Letters and Legal Documents Advice and Self-Help Publications Outreach Materials

Factors to consider

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Efficiency of translation Accuracy of translation (dialects, regions) Brochures versus advice letters, legal documents Plans for additional materials System for updating and editing translated materials

Step 5

Monitor and Improve

Factors to consider

      Increase in LEP clients served Increase in bilingual staff Cultural competence Incorporation into training Development of materials and manuals Development of additional resources