ABA National Institute on Use and ABA National Institute on Use and Integration of Interpreters in Civil Integration of Interpreters in Civil Representation of Victims of Domestic Representation of Victims of Domestic Violence, Sexual Assault, and Stalking Violence, Sexual Assault, and Stalking Gillian Dutton Gillian Dutton Northwest Justice Project Northwest Justice Project Seattle, Washington Seattle, Washington How to Effectively Establish How to Effectively Establish Language Access at Your Language Access at Your Organization Organization
Transcript
ABA National Institute on Use and Integration ABA National Institute on Use and Integration of Interpreters in Civil Representation of of Interpreters in Civil Representation of
Victims of Domestic Violence, Sexual Assault, Victims of Domestic Violence, Sexual Assault, and Stalkingand Stalking
How to Effectively Establish How to Effectively Establish Language Access at Your Language Access at Your
OrganizationOrganization
TopicsTopics
History in Washington StateHistory in Washington State DemographicsDemographics Legal Requirements to Provide ServicesLegal Requirements to Provide Services Interpretation/Translation IssuesInterpretation/Translation Issues
• Bilingual Staff Bilingual Staff • InterpretersInterpreters• Translation of DocumentsTranslation of Documents• TrainingTraining
• Outreach and AdvocacyOutreach and Advocacy• LEP Systems LEP Systems
History of Legal Services History of Legal Services Work on LEP IssuesWork on LEP Issues
Office for Civil Rights ComplaintsOffice for Civil Rights Complaints Reyes Consent DecreeReyes Consent Decree Interpreter Certification Interpreter Certification Court Interpreter RequirementsCourt Interpreter Requirements Refugee and Immigrant Advocacy Refugee and Immigrant Advocacy
ProjectProject Washington State Coalition for Washington State Coalition for
Language AccessLanguage Access
5 Steps5 Steps
1.1. Determine language needDetermine language need
2.2. Train staff on legal requirements Train staff on legal requirements and how to work with interpretersand how to work with interpreters
4.4. Establish systems for translation Establish systems for translation (documents, publications etc.)(documents, publications etc.)
5.5. Monitor and improveMonitor and improve
Step 1Step 1
Determine language needDetermine language need Census dataCensus data www.mla.orgwww.mla.org School district dataSchool district data Client dataClient data
Demographics: Immigrant Population Demographics: Immigrant Population in Washington Statein Washington State
90% of recent immigrants coming from 90% of recent immigrants coming from non-English speaking countriesnon-English speaking countries
Over 631,500 immigrants in Washington Over 631,500 immigrants in Washington State (2005)State (2005)
10.3% of the state population (2005)10.3% of the state population (2005) Immigrant pop. Immigrant pop. Age Age (1999)(1999)
7% 7% 0 to 17 0 to 17 22% 22% 18 to 2418 to 24 46% 46% 25 to 44 25 to 44
13% 13% 45 to 6445 to 64 11% 11% 65+65+
School District Statistics School District Statistics (2002)(2002)
181 Languages spoken statewide181 Languages spoken statewide 62% Spanish speaking62% Spanish speaking Additional 24% concentrated in seven Additional 24% concentrated in seven
other languagesother languages Seven other languages spoken by at least Seven other languages spoken by at least
1000 students (Russian, Ukrainian, 1000 students (Russian, Ukrainian, Vietnamese, Korean, Cambodian, Somali Vietnamese, Korean, Cambodian, Somali and Tagalog)and Tagalog)
21 districts served over 1000 LEP students21 districts served over 1000 LEP students 22 districts had at least 25% LEP students22 districts had at least 25% LEP students
Plan for change . . .Plan for change . . .
Steady growth of Spanish speaking Steady growth of Spanish speaking residentsresidents
Bosnian, Somali (and other East African Bosnian, Somali (and other East African languages) and Ukrainian are growinglanguages) and Ukrainian are growing
Vietnamese, Cambodian and Lao Vietnamese, Cambodian and Lao continue to declinecontinue to decline
Spread of multiple languages out of Spread of multiple languages out of western part of the state, e.g. Spokane, western part of the state, e.g. Spokane, Richland, Central Kitsap, Kennewick Richland, Central Kitsap, Kennewick serve more than 20 languages serve more than 20 languages
Avoid assumptionsAvoid assumptions
Cape Flattery school district has 178 Cape Flattery school district has 178 Makah speaking studentsMakah speaking students
Central Kitsap has Finnish, Arabic, and Central Kitsap has Finnish, Arabic, and Gujarati among its 20 languagesGujarati among its 20 languages
Colville has 22 Russian speakers in its Colville has 22 Russian speakers in its schools, Moses Lake 2 Swahili speakersschools, Moses Lake 2 Swahili speakers
Kennewick has Mandingo, Yoruba and Kennewick has Mandingo, Yoruba and Kakwa among its 20 languagesKakwa among its 20 languages
Longview has Thai, Tongan and Gujarati Longview has Thai, Tongan and Gujarati among its 16 languagesamong its 16 languages
NATIONAL NATIONAL DEMOGRAPHIC DEMOGRAPHIC IMPERATIVESIMPERATIVES
Limited English Limited English Proficient ClientsProficient Clients
21 million LEP’s (2000 census)21 million LEP’s (2000 census) 8+% of population8+% of population 50% increase from 199050% increase from 1990 Sharp growth in non-traditional Sharp growth in non-traditional
states and localitiesstates and localities
Step 2Step 2
Train staff on legal Train staff on legal requirements and how to work requirements and how to work with interpreterswith interpreters
www.lep.govwww.lep.gov Use in advocacy (government Use in advocacy (government
agencies, courts, etc)agencies, courts, etc)
Definition of LEP Definition of LEP
Persons who do not speak English as Persons who do not speak English as their primary language and who have a their primary language and who have a limited ability to read, speak, write or limited ability to read, speak, write or understand English can be limited understand English can be limited English proficient, or “LEP.”English proficient, or “LEP.”
Because of language and cultural Because of language and cultural differences, LEP individuals are often differences, LEP individuals are often delayed or denied equal access to and delayed or denied equal access to and participation in policies, programs, participation in policies, programs, services, and benefits services, and benefits
ABA Standard of Practice ABA Standard of Practice 1.7 for LEP Clients1.7 for LEP Clients
Comprehensive Language Comprehensive Language Access PlanAccess Plan
Provide services in LEP client’s Provide services in LEP client’s primary languageprimary language
Standard 1.7 BasesStandard 1.7 Bases Demographic imperativesDemographic imperatives
Funding requirementsFunding requirements
LSC GuidanceLSC Guidance
Title VITitle VI
Ethical issuesEthical issues
Review of the Law: TITLE VI Review of the Law: TITLE VI and Executive Order 13166and Executive Order 13166
Under DOJ regulations implementing Under DOJ regulations implementing Title VI of the Civil Rights Act of Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq. (Title 1964, 42 U.S.C. 2000d, et seq. (Title VI), recipients of Federal financial VI), recipients of Federal financial assistance have a responsibility to assistance have a responsibility to ensure meaningful access to their ensure meaningful access to their programs and activities by persons programs and activities by persons with limited English proficiency with limited English proficiency (LEP). See 28 CFR 42.104(b)(2). (LEP). See 28 CFR 42.104(b)(2).
Title VI and the Executive Title VI and the Executive Order (CONT’D)Order (CONT’D)
Section 601 of Title VI of the Civil Rights Section 601 of Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, provides: Act of 1964, 42 U.S.C. 2000d, provides:
that no person shall ``on the ground of that no person shall ``on the ground of race, color, or national origin, be race, color, or national origin, be excluded from participation in, be denied excluded from participation in, be denied the benefits of, or be subjected to the benefits of, or be subjected to discrimination under any program or discrimination under any program or activity receiving Federal financial activity receiving Federal financial assistance.''assistance.''
Title VI and the Executive Title VI and the Executive Order (CONT’D)Order (CONT’D)
Department of Justice regulations Department of Justice regulations forbid recipients from ``utilizing forbid recipients from ``utilizing criteria or methods of criteria or methods of administration which have the effect administration which have the effect of subjecting individuals to of subjecting individuals to discrimination because of their race, discrimination because of their race, color, or national origin…” 28 CFR color, or national origin…” 28 CFR 42.104(b)(2). 42.104(b)(2).
Title VI and the Executive Title VI and the Executive Order (CONT’D)Order (CONT’D)
WHO IS COVERED?WHO IS COVERED?
Law requires all recipients of Law requires all recipients of Federal financial assistance from Federal financial assistance from DOJ to provide meaningful access to DOJ to provide meaningful access to LEP persons. LEP persons.
Executive Order 13166 signed Executive Order 13166 signed August 11, 2000 extended August 11, 2000 extended requirements to federal agenciesrequirements to federal agencies
FACTORS TO DETERMINE FACTORS TO DETERMINE COMPLIANCE:COMPLIANCE:
The The numbernumber or proportion of non-English or proportion of non-English speakers served or encountered in the eligible speakers served or encountered in the eligible service populationservice population
The The frequencyfrequency with which non-English speakers with which non-English speakers come into contact with the programcome into contact with the program
The The importanceimportance of the benefit, service, or of the benefit, service, or information to non-English speakersinformation to non-English speakers
The The resourcesresources available to the recipient and the available to the recipient and the costs of servicecosts of service
COMPLIANCE TOOLSCOMPLIANCE TOOLS
Developing a Comprehensive Written Developing a Comprehensive Written Policy Policy
Determining and Tracking Language Determining and Tracking Language NeedsNeeds
Training and Competency ProtocolsTraining and Competency Protocols
Monitoring and Evaluating Language Monitoring and Evaluating Language NeedsNeeds
Step 3Step 3
Establish systems: Establish systems:
Notification to clients of servicesNotification to clients of services Bilingual staffBilingual staff InterpretersInterpreters Telephonic contractTelephonic contract
Factors to considerFactors to consider
1.1. Staff lack of understanding of language Staff lack of understanding of language skillsskills
2.2. Ignorance of interpreter roleIgnorance of interpreter role
3.3. Systems for tracking, requesting and Systems for tracking, requesting and reimbursingreimbursing
4.4. Interpreter quality and confidentialityInterpreter quality and confidentiality
5.5. Technology (hotline, 3 way call/speaker Technology (hotline, 3 way call/speaker phone)phone)
6.6. Need for assessment of staff skillsNeed for assessment of staff skills
7.7. Adequate access to interpreter resourcesAdequate access to interpreter resources
Step 4Step 4
Establish systems for translation Establish systems for translation Client File Documents (retainer, Client File Documents (retainer,
release, etc.)release, etc.) Letters and Legal Documents Letters and Legal Documents Advice and Self-Help Publications Advice and Self-Help Publications Outreach MaterialsOutreach Materials
Factors to considerFactors to consider
1.1. Efficiency of translationEfficiency of translation
2.2. Accuracy of translation (dialects, Accuracy of translation (dialects, regions)regions)
3.3. Brochures versus advice letters, Brochures versus advice letters, legal documentslegal documents
4.4. Plans for additional materialsPlans for additional materials
5.5. System for updating and editing System for updating and editing translated materialstranslated materials
Step 5Step 5
Monitor and ImproveMonitor and Improve
Factors to considerFactors to consider
Increase in LEP clients servedIncrease in LEP clients served Increase in bilingual staffIncrease in bilingual staff Cultural competenceCultural competence Incorporation into trainingIncorporation into training Development of materials and Development of materials and
manuals manuals Development of additional Development of additional
