[Federal Register: October 21, 2002 (Volume 67, Number 203)]
[Notices]
[Page 64604-64614]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21oc02-33]
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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
Guidance to Federal Financial Assistance Recipients Regarding
Title VI Prohibition Against National Origin Discrimination Affecting
Limited English Proficient Persons
AGENCY: Corporation for National and Community Service.
ACTION: Policy guidance document.
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SUMMARY: The Corporation for National and Community Service
(hereinafter the ``Corporation'') adopts final Guidance to Federal
Financial Assistance Recipients Regarding Title VI Prohibition Against
National Origin Discrimination Affecting Limited English Proficient
Persons (the Corporation's Recipient LEP Guidance). The Corporation's
Recipient LEP Guidance is issued pursuant to Executive Order 13166, and
supplants existing guidance on the same subject originally published at
66 FR 3548 (January 16, 2001).
DATES: This ``Guidance'' is effective October 21, 2002.
FOR FURTHER INFORMATION CONTACT: The Corporation for National and
Community Service, Nancy B. Voss, Director, Equal Opportunity Office,
1201 New York Avenue, NW., Washington, DC 20525. Telephone 202-606-
5000, extension 309; TDD: 202-565-2799.
SUPPLEMENTARY INFORMATION: Under Department of Justice 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). Executive Order 13166, reprinted at 65 FR 50121
(August 16, 2000), directs each federal agency that extends assistance
subject to the requirements of Title VI to publish guidance for its
respective recipients clarifying that obligation. Executive Order 13166
further directs that all such guidance documents be consistent with the
compliance standards and framework detailed in Department of Justice
Policy Guidance entitled ``Enforcement of Title VI of the Civil Rights
Act of 1964--National Origin Discrimination Against Persons with
Limited English Proficiency.'' See 65 FR 50123 (August 16, 2000).
Initial guidance on obligations of recipients of the Corporation to
take reasonable steps to ensure access by LEP persons was published on
January 16, 2001. See 66 FR 3548. That guidance document was
republished for additional public comment on February 5, 2002. See 67
FR 5258.
The Corporation received two comments in response to its February
5, 2002 publication of revised draft guidance on obligations of the
Corporation's recipients to take reasonable steps to ensure access to
programs and activities by LEP persons. The comments reflected the
views of organizations serving LEP populations. While the comments
identified areas for improvement and/or revision, the overall response
to the draft of the Corporation's Recipient LEP Guidance was favorable.
Specific comments suggested strengthening the guidance to ensure
that ``grantee'' includes every entity receiving direct or indirect
federal financial assistance from the Corporation and that all of the
recipient's activities are covered, as well as providing more guidance
to recipients in promoting sub-recipients' compliance and recipients'
liability for failure to do so. Additional comments requested that
grantees be required to document language assistance efforts; that the
balancing test not be used to deny LEP individuals access to important
services; that recipients be provided assistance in determining the
population within which to assess the number of LEP persons without
relying on census data alone; that staff be required to receive
periodic refresher training; that maintaining a written policy for
language access be mandatory rather than advisory and that greater
detail be included regarding policies, such as directing recipients to
post notices and provide a telephone voicemail menu and addressing
goals and accountability; that a ``safe harbor'' for translation of
documents be included; and that translators in addition to community
organizations check translated documents.
Subsequent to the Corporation's publication and republication of
its Guidance, the Corporation received notification from the Department
of Justice that the Corporation should conform its Guidance to guidance
issued by the Department of Justice. By memorandum to federal agencies
received July 8, 2002, Ralph F. Boyd, Jr., Assistant Attorney General,
Civil Rights Division, Department of Justice, stated that it is
critical that agency LEP recipient guidance documents be consistent
with one another. He noted that in its March 14, 2002 Report to
Congress on the Assessment of the Total Benefits and Costs of
Implementing Executive Order Number 13166 (http://www.lep.gov), the
Office of Management and Budget has made it clear that the benefits of
Executive Order 13166 can be substantial, both to the recipients and to
the ultimate beneficiaries. However, OMB also stressed that in order to
reduce costs of compliance, consistency in agency guidance documents is
critical, particularly since many recipients receive assistance from
more than one federal agency. Therefore, Assistant Attorney General
Boyd directed federal agencies to use the Department of Justice's final
guidance to Department of Justice recipients published at 67 FR 41455
on June 18, 2002 as their model for publication or republication of
recipient LEP guidance, modifying examples to make them relevant to the
particular agency's recipients.
Accordingly, the Corporation adopted the Department of Justice's
model in
[[Page 64605]]
issuing this final version of the Corporation's Guidance. Therefore, we
are not responding directly to the comments received by the
Corporation. We believe that the Department of Justice fully considered
the issues identified by those commenting on the Corporation's Guidance
when the Department of Justice issued its final guidance.
The text of the Corporation's final guidance document appears
below.
It has been determined that this Guidance, which supplants existing
Guidance on the same subject previously published at 66 FR 3548
(January 16, 2001), does not constitute a regulation subject to the
rulemaking requirements of the Administrative Procedure Act, 5 U.S.C.
553.
Dated: October 15, 2002.
Wendy Zenker,
Chief Operating Officer.
I. Introduction
Most individuals living in the United States read, write, speak and
understand English. There are many individuals, however, for whom
English is not their primary language. For instance, based on the 2000
census, over 26 million individuals speak Spanish and almost 7 million
individuals speak an Asian or Pacific Island language at home. If these
individuals have a limited ability to read, write, speak, or understand
English, they are limited English proficient, or ``LEP.'' While
detailed data from the 2000 census has not yet been released, 26% of
all Spanish-speakers, 29.9% of all Chinese-speakers, and 28.2% of all
Vietnamese-speakers reported that they spoke English ``not well'' or
``not at all'' in response to the 1990 census.
Language for LEP individuals can be a barrier to accessing
important benefits or services, understanding and exercising important
rights, complying with applicable responsibilities, or understanding
other information provided by federally funded programs and activities.
The Federal Government funds an array of services that can be made
accessible to otherwise eligible LEP persons. The Federal Government is
committed to improving the accessibility of these programs and
activities to eligible LEP persons, a goal that reinforces its equally
important commitment to promoting programs and activities designed to
help individuals learn English. Recipients should not overlook the
long-term positive impacts of incorporating or offering English as a
Second Language (ESL) programs in parallel with language assistance
services. ESL courses can serve as an important adjunct to a proper LEP
plan. However, the fact that ESL classes are made available does not
obviate the statutory and regulatory requirement to provide meaningful
access for those who are not yet English proficient. Recipients of
federal financial assistance have an obligation to reduce language
barriers that can preclude meaningful access by LEP persons to
important government services.\1\
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\1\ The Corporation recognizes that many recipients had language
assistance programs in place prior to the issuance of Executive
Order 13166. This policy guidance provides a uniform framework for a
recipient to integrate, formalize, and assess the continued vitality
of these existing and possibly additional reasonable efforts based
on the nature of its program or activity, the current needs of the
LEP populations it encounters, and its prior experience in providing
language services in the community it serves.
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In certain circumstances, failure to ensure that LEP persons can
effectively participate in or benefit from federally assisted programs
and activities may violate the prohibition under Title VI of the Civil
Rights Act of 1964, 42 U.S.C. 2000d and Title VI regulations against
national origin discrimination. The purpose of this policy guidance is
to assist recipients in fulfilling their responsibilities to provide
meaningful access to LEP persons under existing law. This policy
guidance clarifies existing legal requirements for LEP persons by
providing a description of the factors recipients should consider in
fulfilling their responsibilities to LEP persons.\2\ These are the same
criteria the Corporation will use in evaluating whether recipients are
in compliance with Title VI and Title VI regulations.
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\2\ The policy guidance is not a regulation but rather a guide.
Title VI and its implementing regulations require that recipients
take responsible steps to ensure meaningful access by LEP persons.
This guidance provides an analytical framework that recipients may
use to determine how best to comply with statutory and regulatory
obligations to provide meaningful access to the benefits, services,
information, and other important portions of their programs and
activities for individuals who are limited English proficient.
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Many commentators have noted that some have interpreted the case of
Alexander v. Sandoval, 532 U.S. 275 (2001), as impliedly striking down
the regulations promulgated under Title VI that form the basis for the
part of Executive Order 13166 that applies to federally assisted
programs and activities. The Department of Justice has taken the
position that this is not the case, and has reaffirmed its LEP Guidance
to federal grant-making agencies. Accordingly, we will strive to ensure
that federally assisted programs and activities work in a way that is
effective for all eligible beneficiaries, including those with limited
English proficiency.
II. Legal Authority
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.'' Section 602
authorizes and directs federal agencies that are empowered to extend
federal financial assistance to any program or activity ``to effectuate
the provisions of [section 601] * * * by issuing rules, regulations, or
orders of general applicability.'' 42 U.S.C. 2000d-1.
Department of Justice regulations promulgated pursuant to section
602 forbid recipients from ``utiliz[ing] criteria or methods of
administration which have the effect of subjecting individuals to
discrimination because of their race, color, or national origin, or
have the effect of defeating or substantially impairing accomplishment
of the objectives of the program as respects individuals of a
particular race, color, or national origin.'' 28 CFR 42.104(b)(2). The
Corporation's regulations impose the same prohibitions on recipients.
45 CFR 1203.4.
The Supreme Court, in Lau v. Nichols, 414 U.S. 563 (1974),
interpreted regulations promulgated by the former Department of Health,
Education, and Welfare, including a regulation similar to that of
Department of Justice, 45 CFR 80.3(b)(2), to hold that Title VI
prohibits conduct that has a disproportionate effect on LEP persons
because such conduct constitutes national origin discrimination. In
Lau, a San Francisco school district that had a significant number of
non-English speaking students of Chinese origin was required to take
reasonable steps to provide them with a meaningful opportunity to
participate in federally funded educational programs.
On August 11, 2000, Executive Order 13166 was issued. ``Improving
Access to Services for Persons with Limited English Proficiency,'' 65
FR 50121 (August 16, 2000). Under that order, every federal agency that
provides financial assistance to non-federal entities must publish
guidance on how their recipients can provide meaningful access to LEP
persons and thus comply with Title VI regulations forbidding funding
recipients from ``restrict[ing] an individual in any way in the
enjoyment of any advantage or privilege enjoyed by others receiving any
service, financial aid, or other benefit under the program'' or from
``utiliz[ing] criteria or methods
[[Page 64606]]
of administration which have the effect of subjecting individuals to
discrimination because of their race, color, or national origin, or
have the effect of defeating or substantially impairing accomplishment
of the objectives of the program as respects individuals of a
particular race, color, or national origin.''
On that same day, Department of Justice issued a general guidance
document addressed to ``Executive Agency Civil Rights Officers''
setting forth general principles for agencies to apply in developing
guidance documents for recipients pursuant to the Executive Order.
``Enforcement of Title VI of the Civil Rights Act of 1964 National
Origin Discrimination Against Persons With Limited English
Proficiency,'' 65 FR 50123 (August 16, 2000) (Department of Justice
``LEP Guidance'').
Pursuant to Executive Order 13166, the Corporation developed its
own guidance document for recipients and initially issued it on January
16, 2001. ``Guidance to Federal Financial Assistance Recipients
Regarding Title VI Prohibition Against National Origin Discrimination
Affecting Limited English Proficient Persons,'' 66 FR 3548 (January 16,
2001). Subsequent to the Corporation's publication and republication of
its Guidance for further comment on February 5, 2002, the Corporation
received notification from the Department of Justice that the
Corporation should conform its Guidance to guidance issued by the
Department of Justice. By memorandum to federal agencies received July
8, 2002, Ralph F. Boyd, Jr., Assistant Attorney General, Civil Rights
Division, Department of Justice, stated that it is critical that agency
LEP recipient guidance documents be consistent with one another.
Assistant Attorney General Boyd directed federal agencies to use the
Department of Justice's final guidance to Department of Justice
recipients published at 67 FR 41455 on June 18, 2002 as their model for
publication or republication of recipient LEP guidance, modifying
examples to make them relevant to the particular agency's recipients.
This guidance document is thus published pursuant to Executive
Order 13166 and supplants the January 16, 2001 publication in light of
Assistant Attorney General Boyd's July 8, 2002 clarifying memorandum.
III. Who Is Covered?
All recipients of federal financial assistance from the Corporation
are required to provide meaningful access to LEP persons.\3\ Federal
financial assistance includes grants, cooperative agreements, training,
technical assistance, use of equipment, donations of surplus property,
and other assistance. A grantee is any entity receiving federal
financial assistance from the Corporation to operate a federally
assisted program. Recipients of the Corporation's assistance include,
for example:
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\3\ Pursuant to Executive Order 13166, the meaningful access
requirement of the Title VI regulations and the four-factor analysis
set forth in the DOJ LEP Guidance are to additionally apply to the
programs and activities of federal agencies, including the
Corporation.
[sbull] State Commissions.
[sbull] AmeriCorps*VISTA and Senior Corps sponsors.
[sbull] State educational agencies and schools from elementary
through graduate level.
[sbull] AmeriCorps*NCCC projects.
[sbull] Community based organizations, both secular and faith-
based.
[sbull] Non-profits, from national organizations such as Boys and
Girls Clubs of America to neighborhood entities such as senior centers.
Subrecipients likewise are covered when federal funds are passed
through from one recipient to a subrecipient.
Coverage extends to a recipient's entire program or activity, i.e.,
to all parts of a recipient's operations. This is true even if only one
part of the recipient receives the federal assistance.\4\
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\4\ However, if a federal agency were to decide to terminate
federal funds based on noncompliance with Title VI or its
regulations, only funds directed to the particular program or
activity that is out of compliance would be terminated. 42 U.S.C.
2000d-1.
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Example: The Corporation provides assistance to a school to
facilitate an after school program. The entire school system'not just
the particular school'is covered.
Finally, some recipients operate in jurisdictions in which English
has been declared the official language. Nonetheless, these recipients
continue to be subject to federal non-discrimination requirements,
including those applicable to the provision of federally assisted
services to persons with limited English proficiency.
IV. Who Is a Limited English Proficient Individual?
Individuals who do not speak English as their primary language and
who have a limited ability to read, write, speak, or understand English
can be limited English proficient, or ``LEP,'' entitled to language
assistance with respect to a particular type of service, benefit, or
encounter.
Examples of populations likely to include LEP persons who are
encountered and/or served by the Corporation's recipients and should be
considered when planning language services include, but are not limited
to:
[sbull] Applicants for or participants enrolled in national service
programs (AmeriCorps, National Senior Service Corps or Learn and Serve
America).
[sbull] Persons receiving services, or eligible to receive,
services performed by participants in national service programs or by
other portions of the recipient's program or activity.
V. How Does a Recipient Determine the Extent of Its Obligation To
Provide LEP Services?
Recipients are required to take reasonable steps to ensure
meaningful access to their programs and activities by LEP persons.
While designed to be a flexible and fact-dependent standard, the
starting point is an individualized assessment that balances the
following four factors: (1) 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; and (4)
the resources available to the grantee/recipient and costs. As
indicated above, the intent of this guidance is to suggest a balance
that ensures meaningful access by LEP persons to critical services
while not imposing undue burdens on small business, small local
governments, or small nonprofits.
After applying the above four-factor analysis, a recipient may
conclude that different language assistance measures are sufficient for
the different types of programs or activities in which it engages. For
instance, some of a recipient's activities will be more important than
others and/or have greater impact on or contact with LEP persons, and
thus may require more in the way of language assistance. The
flexibility that recipients have in addressing the needs of the LEP
populations they serve does not diminish, and should not be used to
minimize, the obligation that those needs be addressed. Recipients of
the Corporation should apply the following four factors to the various
kinds of contacts that they have with the public to assess language
needs and decide what reasonable steps they should take to ensure
meaningful access for LEP persons.
[[Page 64607]]
(1) The Number or Proportion of LEP Persons Served or Encountered in
the Eligible Service Population
One factor in determining what language services recipients should
provide is the number or proportion of LEP persons from a particular
language group served or encountered in the eligible service
population. The greater the number or proportion of these LEP persons,
the more likely language services are needed. Ordinarily, persons
``eligible to be served, or likely to be directly affected, by'' a
recipient's program or activity are those who are served or encountered
in the eligible service population. This population will be program-
specific, and includes persons who are in the geographic area that has
been approved by a federal grant agency as the recipient's service
area. However, where, for instance, a State Commission serves a large
LEP population, the appropriate service area is most likely the
geographic service areas or operating sites defined in the
Corporation's grant applications, and not the entire state. Where no
service area has previously been approved, the relevant service area
may be that which is approved by state or local authorities or
designated by the recipient itself, provided that these designations do
not themselves discriminatorily exclude certain populations.
Recipients should first examine their prior experiences with LEP
encounters and determine the breadth and scope of language services
that were needed. In conducting this analysis, it is important to
include language minority populations that are eligible for their
programs or activities but may be underserved because of existing
language barriers. Other data should be consulted to refine or validate
a recipient's prior experience, including the latest census data for
the area served, data from school systems and from community
organizations, and data from state and local governments.\5\ Community
agencies, school systems, religious organizations, legal aid entities,
and others can often assist in identifying populations for whom
outreach is needed and who would benefit from the recipients' programs
and activities were language services provided.
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\5\ The focus of the analysis is on lack of English proficiency,
not the ability to speak more than one language. Note that
demographic data may indicate the most frequently spoken languages
other than English and the percentage of people who speak that
language who speak or understand English less than well. Some of the
most commonly spoken languages other than English may be spoken by
people who are also overwhelmingly proficient in English. Thus, they
may not be the languages spoken most frequently by limited English
proficient individuals. When using demographic data, it is important
to focus in on the languages spoken by those who are not proficient
in English.
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(2) The Frequency With Which LEP Individuals Come in Contact With the
Program
Recipients should assess, as accurately as possible, the frequency
with which they have or should have contact with an LEP individual from
different language groups seeking assistance. The more frequent the
contact with a particular language group, the more likely that enhanced
language services in that language are needed. The steps that are
reasonable for a recipient that serves an LEP person on a one-time
basis will be very different than those expected from a recipient that
serves LEP persons daily. It is also advisable to consider the
frequency of different types of language contacts. For example,
frequent contacts with Spanish-speaking people who are LEP may require
certain assistance in Spanish. Less frequent contact with different
language groups may suggest a different and less intensified solution.
If an LEP individual accesses a program or service on a daily basis, a
recipient has greater duties than if the same individual's program or
activity contact is unpredictable or infrequent. But even recipients
that serve LEP persons on an unpredictable or infrequent basis should
use this balancing analysis to determine what to do if an LEP
individual seeks services under the program in question. This plan need
not be intricate. It may be as simple as being prepared to use one of
the commercially-available telephonic interpretation services to obtain
immediate interpreter services. In applying this standard, recipients
should take care to consider whether appropriate outreach to LEP
persons could increase the frequency of contact with LEP language
groups.
(3) The Nature and Importance of the Program, Activity, or Service
Provided by the Program
The more important the activity, information, service, or program,
or the greater the possible consequences of the contact to the LEP
individuals, the more likely language services are needed. The
obligations to communicate information in situations involving health
and safety (such as home visits to the frail elderly, vaccinations and
immunizations, maternal health screening); disaster response; homeland
security; legal rights (such as assisting persons preparing to apply
for citizenship or enrolling for government or social services) differ,
for example, from those to provide recreational programming. A
recipient needs to determine whether denial or delay of access to
services or information could have serious or even life-threatening
implications for the LEP individual.
(4) The Resources Available to the Recipient and Costs
A recipient's level of resources and the costs that would be
imposed on it may have an impact on the nature of the steps it should
take. Smaller recipients with more limited budgets are not expected to
provide the same level of language services as larger recipients with
larger budgets. In addition, ``reasonable steps'' may cease to be
reasonable where the costs imposed substantially exceed the benefits.
Resource and cost issues, however, can often be reduced by
technological advances; the sharing of language assistance materials
and services among and between recipients, advocacy groups, and Federal
grant agencies; and reasonable business practices. Where appropriate,
training bilingual staff to act as interpreters and translators,
information sharing through industry groups, telephonic and video
conferencing interpretation services, pooling resources and
standardizing documents to reduce translation needs, using qualified
translators and interpreters to ensure that documents need not be
``fixed'' later and that inaccurate interpretations do not cause delay
or other costs, centralizing interpreter and translator services to
achieve economies of scale, or the formalized use of qualified
community volunteers, for example, may help reduce costs.\6\ Recipients
should carefully explore the most cost-effective means of delivering
competent and accurate language services before limiting services due
to resource concerns. Large entities and those entities serving a
significant number or proportion of LEP persons should ensure that
their resource limitations are well-substantiated before using this
factor as a reason to limit language assistance. Such recipients may
find it useful to be able to articulate, through documentation or in
some other reasonable manner, their process for determining that
language services would be limited based on resources or costs.
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\6\ Small recipients with limited resources may find that
entering into a bulk telephonic interpretation service contract will
prove cost effective.
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This four-factor analysis necessarily implicates the ``mix'' of LEP
services required. Recipients have two main ways to provide language
services: Oral
[[Page 64608]]
interpretation either in person or via telephone interpretation service
(hereinafter ``interpretation'') and written translation (hereinafter
``translation''). Oral interpretation can range from on-site
interpreters for critical services provided to a high volume of LEP
persons to access through commercially-available telephonic
interpretation services. Written translation, likewise, can range from
translation of an entire document to translation of a short description
of the document. In some cases, language services should be made
available on an expedited basis while in others the LEP individual may
be referred to another office of the recipient for language assistance.
The correct mix should be based on what is both necessary and
reasonable in light of the four-factor analysis. For instance, programs
focusing on providing critical services to immigrants and refugees,
such as providing assistance with enrollment in public services or
access to emergency or medical care, may need immediate oral
interpreters available and should give serious consideration to hiring
some bilingual staff. (Of course, many recipients focusing on serving
LEP populations have already made such arrangements.) In contrast,
there may be circumstances where the importance and nature of the
activity and number or proportion and frequency of contact with LEP
persons may be low and the costs and resources needed to provide
language services may be high--such as in the case of a voluntary
general public tour of a public facility--in which pre-arranged
language services for the particular service may not be necessary.
Regardless of the type of language service provided, quality and
accuracy of those services can be critical in order to avoid serious
consequences to the LEP person and to the recipient. Recipients have
substantial flexibility in determining the appropriate mix.
VI. Selecting Language Assistance Services
Recipients have two main ways to provide language services: oral
and written language services. Quality and accuracy of the language
service is critical in order to avoid serious consequences to the LEP
person and to the recipient.
A. Oral Language Services (Interpretation)
Interpretation is the act of listening to something in one language
(source language) and orally translating it into another language
(target language). Where interpretation is needed and is reasonable,
recipients should consider some or all of the following options for
providing competent interpreters in a timely manner:
Competence of Interpreters. When providing oral assistance,
recipients should ensure competency of the language service provider,
no matter which of the strategies outlined below are used. Competency
requires more than self-identification as bilingual. Some bilingual
staff and community volunteers, for instance, may be able to
communicate effectively in a different language when communicating
information directly in that language, but not be competent to
interpret in and out of English. Likewise, they may not be able to do
written translations.
Competency to interpret, however, does not necessarily mean formal
certification as an interpreter, although certification is helpful.
When using interpreters, recipients should ensure that they:
Demonstrate proficiency in and ability to communicate information
accurately in both English and in the other language and identify and
employ the appropriate mode of interpreting (e.g., consecutive,
simultaneous, summarization, or sight translation); Have knowledge in
both languages of any specialized terms or concepts peculiar to the
entity's program or activity and of any particularized vocabulary and
phraseology used by the LEP person; \7\ and understand and follow
confidentiality and impartiality rules to the same extent the recipient
employee for whom they are interpreting and/or to the extent their
position requires.
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\7\ Many languages have ``regionalisms,'' or differences in
usage. For instance, a word that may be understood to mean something
in Spanish for someone from Cuba may not be so understood by someone
from Mexico. In addition, because there may be languages which do
not have an appropriate direct interpretation of some legal terms
and the interpreter should be so aware and be able to provide the
most appropriate interpretation. The interpreter should likely make
the recipient aware of the issue and the interpreter and recipient
can then work to develop a consistent and appropriate set of
descriptions of these terms in that language that can be used again,
when appropriate.
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Understand and adhere to their role as interpreters without
deviating into a role as counselor, legal advisor, or other roles
(particularly in contacts with health care providers, social services,
schools, and public services).
Some recipients, such as those dealing with assisting indigents
dependent on the recipient for interpretation with health care
providers, law enforcement or administrative boards, may have
additional self-imposed requirements for interpreters. Where such
proceedings are lengthy, the interpreter will likely need breaks and
team interpreting may be appropriate to ensure accuracy and to prevent
errors caused by mental fatigue of interpreters.
While quality and accuracy of language services is critical, the
quality and accuracy of language services is nonetheless part of the
appropriate mix of LEP services required. The quality and accuracy of
language services in a hospital emergency room, for example, must be
extraordinarily high, while the quality and accuracy of language
services in a bicycle safety class need not meet the same exacting
standards.
Finally, when interpretation is needed and is reasonable, it should
be provided in a timely manner. To be meaningfully effective, language
assistance should be timely. While there is no single definition for
``timely'' applicable to all types of interactions at all times by all
types of recipients, one clear guide is that the language assistance
should be provided at a time and place that avoids the effective denial
of the service, benefit, or right at issue or the imposition of an
undue burden on or delay in important rights, benefits, or services to
the LEP person. For example, when the timeliness of services is
important, such as with certain activities of recipients providing
health and safety services or disaster response, and when important
rights are at issue, a recipient would likely not be providing
meaningful access if it had one bilingual staffer available one day a
week to provide the service. Such conduct would likely result in delays
for LEP persons that would be significantly greater than those for
English proficient persons. Conversely, where access to or exercise of
a service, benefit, or right is not effectively precluded by a
reasonable delay, language assistance can likely be delayed for a
reasonable period.
Hiring Bilingual Staff. When particular languages are encountered
often, hiring bilingual staff offers one of the best, and often most
economical, options. Recipients can, for example, fill public contact
positions, such teachers, service providers, or program directors, with
staff who are bilingual and competent to communicate directly with LEP
persons in their language. If bilingual staff are also used to
interpret between English speakers and LEP persons, or to orally
interpret written documents from English into another language, they
should be competent in the skill of interpreting. Being bilingual does
not necessarily mean that a person has the ability to interpret. In
addition, there may be times when the role of the
[[Page 64609]]
bilingual employee may conflict with the role of an interpreter.
Effective management strategies, including any appropriate adjustments
in assignments and protocols for using bilingual staff, can ensure that
bilingual staff are fully and appropriately utilized. When bilingual
staff cannot meet all of the language service obligations of the
recipient, the recipient should turn to other options.
Hiring Staff Interpreters. Hiring interpreters may be most helpful
where there is a frequent need for interpreting services in one or more
languages. Depending on the facts, sometimes it may be necessary and
reasonable to provide on-site interpreters to provide accurate and
meaningful communication with an LEP person.
Contracting for Interpreters. Contract interpreters may be a cost-
effective option when there is no regular need for a particular
language skill. In addition to commercial and other private providers,
many community-based organizations and mutual assistance associations
provide interpretation services for particular languages. Contracting
with and providing training regarding the recipient's programs and
processes to these organizations can be a cost-effective option for
providing language services to LEP persons from those language groups.
Using Telephone Interpreter Lines. Telephone interpreter service
lines often offer speedy interpreting assistance in many different
languages. They may be particularly appropriate where the mode of
communicating with an English proficient person would also be over the
phone.
Although telephonic interpretation services are useful in many
situations, it is important to ensure that, when using such services,
the interpreters used are competent to interpret any technical or legal
terms specific to a particular program that may be important parts of
the conversation. Nuances in language and non-verbal communication can
often assist an interpreter and cannot be recognized over the phone.
Video teleconferencing may sometimes help to resolve this issue where
necessary. In addition, where documents are being discussed, it is
important to give telephonic interpreters adequate opportunity to
review the document prior to the discussion and any logistical problems
should be addressed.
Using Community Volunteers. In addition to consideration of
bilingual staff, staff interpreters, or contract interpreters (either
in-person or by telephone) as options to ensure meaningful access by
LEP persons, use of recipient-coordinated community volunteers, working
with, for instance, community-based organizations may provide a cost-
effective supplemental language assistance strategy under appropriate
circumstances. They may be particularly useful in providing language
access for a recipient's less critical programs and activities. To the
extent the recipient relies on community volunteers, it is often best
to use volunteers who are trained in the information or services of the
program and can communicate directly with LEP persons in their
language. Just as with all interpreters, community volunteers used to
interpret between English speakers and LEP persons, or to orally
translate documents, should be competent in the skill of interpreting
and knowledgeable about applicable confidentiality and impartiality
rules. Recipients should consider formal arrangements with community-
based organizations that provide volunteers to address these concerns
and to help ensure that services are available more regularly.
Use of Family Members or Friends as Interpreters. Although
recipients should not plan to rely on an LEP person's family members,
friends, or other informal interpreters to provide meaningful access to
important programs and activities, where LEP persons so desire, they
should be permitted to use, at their own expense, an interpreter of
their own choosing (whether a professional interpreter, family member
or friend) in place of or as a supplement to the free language services
expressly offered by the recipient. LEP persons may feel more
comfortable when a trusted family member or friend acts as an
interpreter. In addition, in exigent circumstances that are not
reasonably foreseeable, temporary use of interpreters not provided by
the recipient may be necessary. However, with proper planning and
implementation, recipients should be able to avoid most such
situations.
Recipients, however, should take special care to ensure that
family, legal guardians, caretakers, and other informal interpreters
are appropriate in light of the circumstances and subject matter of the
program, service or activity, including protection of the recipient's
own interest in accurate interpretation. In many circumstances, family
members (especially children) or friends are not competent to provide
quality and accurate interpretations. Issues of confidentiality,
privacy, or conflict of interest may also arise. LEP individuals may
feel uncomfortable revealing or describing sensitive, confidential, or
potentially embarrassing medical, law enforcement (e.g., sexual or
violent assaults), family, or financial information to a family member,
friend, or member of the local community. In addition, such informal
interpreters may have a personal connection to the LEP person or an
undisclosed conflict of interest, such as the desire to protect
themselves or another perpetrator in a domestic violence or other
criminal matter. For these reasons, when oral language services are
necessary, recipients should generally offer competent interpreter
services free of cost to the LEP person. For the Corporation's
recipient programs and activities, this is particularly true in
situations in which health, safety, or access to important benefits and
services are at stake, or when credibility and accuracy are important
to protect an individual's rights and access to important services.
While issues of competency, confidentiality, and conflict of
interest in the use of family members (especially children) or friends
often make their use inappropriate, the use of these individuals as
interpreters may be an appropriate option where proper application of
the four factors would lead to a conclusion that recipient-provided
services are not necessary. An example of this is a voluntary
educational tour of a public facility offered to the public. There, the
importance and nature of the activity may be relatively low and
unlikely to implicate issues of confidentiality, conflict of interest,
or the need for accuracy. In addition, the resources needed and costs
of providing language services may be high. In such a setting, an LEP
person's use of family, friends, or others may be appropriate.
If the LEP person voluntarily chooses to provide his or her own
interpreter, a recipient should consider whether a record of that
choice and of the recipient's offer of assistance is appropriate. Where
precise, complete, and accurate interpretations or translations of
information and/or testimony are critical for medical or legal reasons,
or where the competency of the LEP person's interpreter is not
established, a recipient might decide to provide its own, independent
interpreter, even if an LEP person wants to use his or her own
interpreter as well. Extra caution should be exercised when the LEP
person chooses to use a minor as the interpreter. While the LEP
person's decision should be respected, there may be additional issues
of competency, confidentiality, or conflict of interest when the choice
involves using children as interpreters. The recipient should take care
to ensure that
[[Page 64610]]
the LEP person's choice is voluntary, that the LEP person is aware of
the possible problems if the preferred interpreter is a minor child,
and that the LEP person knows that a competent interpreter could be
provided by the recipient at no cost.
B. Written Language Services (Translation)
Translation is the replacement of a written text from one language
(source language) into an equivalent written text in another language
(target language).
What Documents Should be Translated? After applying the four-factor
analysis, a recipient may determine that an effective LEP plan for its
particular program or activity includes the translation of vital
written materials into the language of each frequently-encountered LEP
group eligible to be served and/or likely to be affected by the
recipient's program.
Such written materials could include, for example:
[sbull] Applications for benefits or services;
[sbull] Consent forms;
[sbull] Documents containing important information regarding
participation in a program (such as descriptions of eligibility for
tutoring, assignment of a Senior Companion, instructions for filing for
reimbursement of expenses, application for health care or child care
benefits);
[sbull] Notices pertaining to the reduction, denial or termination
of services or benefits, or to the right to appeal such actions or that
require a response from beneficiaries;
[sbull] The member contract, job description, and an explanation of
the Grievance Procedure;
[sbull] Notices advising LEP persons of the availability of free
language assistance; and
[sbull] Other outreach materials.
Whether or not a document (or the information it solicits) is
``vital'' may depend upon the importance of the program, information,
encounter, or service involved, and the consequence to the LEP person
if the information in question is not provided accurately or in a
timely manner. For instance, applications for bicycle safety courses
should not generally be considered vital, whereas applications for
benefits regarding disaster relief, medical services or housing could
be considered vital. Where appropriate, recipients are encouraged to
create a plan for consistently determining, over time and across its
various activities, what documents are ``vital'' to the meaningful
access of the LEP populations they serve.
Classifying a document as vital or non-vital is sometimes
difficult, especially in the case of outreach materials like brochures
or other information on rights and services. Awareness of rights or
services is an important part of ``meaningful access.'' Lack of
awareness that a particular program, right, or service exists may
effectively deny LEP individuals meaningful access. Thus, where a
recipient is engaged in community outreach activities in furtherance of
its activities, it should regularly assess the needs of the populations
frequently encountered or affected by the program or activity to
determine whether certain critical outreach materials should be
translated. Community organizations may be helpful in determining what
outreach materials may be most helpful to translate. In addition, the
recipient should consider whether translations of outreach material may
be made more effective when done in tandem with other outreach methods,
including utilizing the ethnic media, schools, religious, and community
organizations to spread a message.
Sometimes a document includes both vital and non-vital information.
This may be the case when the document is very large. It may also be
the case when the title and a phone number for obtaining more
information on the contents of the document in frequently-encountered
languages other than English is critical, but the document is sent out
to the general public and cannot reasonably be translated into many
languages. Thus, vital information may include, for instance, the
provision of information in appropriate languages other than English
regarding where a LEP person might obtain an interpretation or
translation of the document.
Into What Languages Should Documents be Translated? The languages
spoken by the LEP individuals with whom the recipient has contact
determine the languages into which vital documents should be
translated. A distinction should be made, however, between languages
that are frequently encountered by a recipient and less commonly-
encountered languages. Many recipients serve communities in large
cities or across the country. They regularly serve LEP persons who
speak dozens and sometimes over 100 different languages. To translate
all written materials into all of those languages is unrealistic.
Although recent technological advances have made it easier for
recipients to store and share translated documents, such an undertaking
would incur substantial costs and require substantial resources.
Nevertheless, well-substantiated claims of lack of resources to
translate all vital documents into dozens of languages do not
necessarily relieve the recipient of the obligation to translate those
documents into at least several of the more frequently-encountered
languages and to set benchmarks for continued translations into the
remaining languages over time. As a result, the extent of the
recipient's obligation to provide written translations of documents
should be determined by the recipient on a case-by-case basis, looking
at the totality of the circumstances in light of the four-factor
analysis. Because translation is a one-time expense, consideration
should be given to whether the upfront cost of translating a document
(as opposed to oral interpretation) should be amortized over the likely
lifespan of the document when applying this four-factor analysis.
Safe Harbor. Many recipients would like to ensure with greater
certainty that they comply with their obligations to provide written
translations in languages other than English. Paragraphs (a) and (b)
outline the circumstances that can provide a ``safe harbor'' for
recipients regarding the requirements for translation of written
materials. A ``safe harbor'' means that if a recipient provides written
translations under these circumstances, such action will be considered
strong evidence of compliance with the recipient's written-translation
obligations.
The failure to provide written translations under the circumstances
outlined in paragraphs (a) and (b) does not mean there is non-
compliance. Rather, they provide a common starting point for recipients
to consider whether and at what point the importance of the service,
benefit, or activity involved; the nature of the information sought;
and the number or proportion of LEP persons served call for written
translations of commonly-used forms into frequently-encountered
languages other than English. Thus, these paragraphs merely provide a
guide for recipients that would like greater certainty of compliance
than can be provided by a fact-intensive, four-factor analysis.
Example: Even if the safe harbors are not used, if written
translation of a certain document(s) would be so burdensome as to
defeat the legitimate objectives of its program, the translation of the
written materials is not necessary. Other ways of providing meaningful
access, such as effective oral interpretation of certain vital
[[Page 64611]]
documents, might be acceptable under such circumstances.
Safe Harbor. The following actions will be considered strong
evidence of compliance with the recipient's written-translation
obligations:
(a) The Corporation recipient provides written translations of
vital documents for each eligible LEP language group that constitutes
five percent or 1,000, whichever is less, of the population of persons
eligible to be served or likely to be affected or encountered.
Translation of other documents, if needed, can be provided orally; or
(b) If there are fewer than 50 persons in a language group that
reaches the five percent trigger in (a), the recipient does not
translate vital written materials but provides written notice in the
primary language of the LEP language group of the right to receive
competent oral interpretation of those written materials, free of cost.
These safe harbor provisions apply to the translation of written
documents only. They do not affect the requirement to provide
meaningful access to LEP individuals through competent oral
interpreters where oral language services are needed and are
reasonable. For example, programs that address the needs of immigrants
and refugees who may not be literate should, where appropriate, ensure
that crucial information regarding medical, financial or legal rights
have been explained.
Competence of Translators. As with oral interpreters, translators
of written documents should be competent. Many of the same
considerations apply. However, the skill of translating is very
different from the skill of interpreting, and a person who is a
competent interpreter may or may not be competent to translate.
Particularly where medical, legal or other vital documents are
being translated, competence can often be achieved by use of certified
translators. Certification or accreditation may not always be possible
or necessary.\8\ Competence can often be ensured by having a second,
independent translator ``check'' the work of the primary translator.
Alternatively, one translator can translate the document, and a second,
independent translator could translate it back into English to check
that the appropriate meaning has been conveyed. This is called ``back
translation.''
---------------------------------------------------------------------------
\8\ For those languages in which no formal accreditation
currently exists, a particular level of membership in a professional
translation association can provide some indicator of
professionalism.
---------------------------------------------------------------------------
Translators should understand the expected reading level of the
audience and, where appropriate, have fundamental knowledge about the
target language group's vocabulary and phraseology. Sometimes direct
translation of materials results in a translation that is written at a
much more difficult level than the English language version or has no
relevant equivalent meaning.\9\ Community organizations may be able to
help consider whether a document is written at a good level for the
audience. Likewise, consistency in the words and phrases used to
translate terms of art, legal, or other technical concepts helps avoid
confusion by LEP individuals and may reduce costs.
---------------------------------------------------------------------------
\9\ For instance, there may be languages which do not have an
appropriate direct translation of some legal terms and the
translator should be able to provide an appropriate translation. The
translator should likely also make the recipient aware of this.
Recipients can then work with translators to develop a consistent
and appropriate set of descriptions of these terms in that language
that can be used again, when appropriate. Recipients will find it
more effective and less costly if they try to maintain consistency
in the words and phrases used to translate terms of art and legal or
other technical concepts. Creating or using already-created
glossaries of commonly used terms may be useful for LEP persons and
translators and cost effective for the recipient. Providing
translators with examples of previous translations of similar
material by the recipient, other recipients, or federal agencies may
be helpful.
---------------------------------------------------------------------------
While quality and accuracy of translation services is critical, the
quality and accuracy of translation services is nonetheless part of the
appropriate mix of LEP services required. For instance, documents that
are simple and have no legal or other consequence for LEP persons who
rely on them may use translators that are less skilled than important
documents with legal or other information upon which reliance has
important consequences (including, e.g., information or documents of
recipients regarding certain health and safety services and certain
legal rights). The permanent nature of written translations, however,
imposes additional responsibility on the recipient to ensure that the
quality and accuracy permit meaningful access by LEP persons.
VII. Elements of Effective Plan on Language Assistance for LEP Persons
After completing the four-factor analysis and deciding what
language assistance services are appropriate, a recipient should
develop an implementation plan to address the identified needs of the
LEP populations they serve. Recipients have considerable flexibility in
developing this plan. The development and maintenance of a
periodically-updated written plan on language assistance for LEP
persons (``LEP plan'') for use by recipient employees serving the
public will likely be the most appropriate and cost-effective means of
documenting compliance and providing a framework for the provision of
timely and reasonable language assistance.
Moreover, such written plans would likely provide additional
benefits to a recipient's managers in the areas of training,
administration, planning, and budgeting. These benefits should lead
most recipients to document in a written LEP plan their language
assistance services, and how staff and LEP persons can access those
services. Despite these benefits, certain recipients of the
Corporation, such as recipients serving very few LEP persons and
recipients with very limited resources, may choose not to develop a
written LEP plan. However, the absence of a written LEP plan does not
obviate the underlying obligation to ensure meaningful access by LEP
persons to a recipient's program or activities. Accordingly, in the
event that a recipient elects not to develop a written plan, it should
consider alternative ways to articulate in some other reasonable manner
a plan for providing meaningful access. Entities having significant
contact with LEP persons, such as schools, religious organizations,
community groups, and groups working with new immigrants can be very
helpful in providing important input into this planning process from
the beginning.
The following five steps may be helpful in designing an LEP plan
and are typically part of effective implementation plans.
(1) Identifying LEP Individuals Who Need Language Assistance
The first two factors in the four-factor analysis require an
assessment of the number or proportion of LEP individuals eligible to
be served or encountered and the frequency of encounters. This requires
recipients to identify LEP persons with whom it has contact.
One way to determine the language of communication is to use
language identification cards (or ``I speak cards''), which invite LEP
persons to identify their language needs to staff. Such cards, for
instance, might say ``I speak Spanish'' in both Spanish and English,
``I speak Vietnamese'' in both English and Vietnamese, etc. To reduce
costs of compliance, the federal government has made a set of these
cards available on the Internet. The Census Bureau ``I speak card'' can
be found and downloaded at http://www.usdoj.gov/crt/cor/13166.htm. When
records are
[[Page 64612]]
normally kept of past interactions with members of the public, the
language of the LEP person can be included as part of the record. In
addition to helping employees identify the language of LEP persons they
encounter, this process will help in future applications of the first
two factors of the four-factor analysis. In addition, posting notices
in commonly encountered languages notifying LEP persons of language
assistance will encourage them to self-identify.
(2) Language Assistance Measures
An effective LEP plan would likely include information about the
ways in which language assistance will be provided. For instance,
recipients may want to include information on at least the following:
[sbull] Types of language services available.
[sbull] How staff can obtain those services.
[sbull] How to respond to LEP callers.
[sbull] How to respond to written communications from LEP persons.
[sbull] How to respond to LEP individuals who have in-person
contact with recipient staff.
[sbull] How to ensure competency of interpreters and translation
services.
(3) Training Staff
Staff should know their obligations to provide meaningful access to
information and services for LEP persons. An effective LEP plan would
likely include training to ensure that:
[sbull] Staff know about LEP policies and procedures.
[sbull] Staff having contact with the public are trained to work
effectively with in-person and telephone interpreters.
Recipients may want to include this training as part of the
orientation for new employees. It is important to ensure that all
employees in public contact positions are properly trained. Recipients
have flexibility in deciding the manner in which the training is
provided. The more frequent the contact with LEP persons, the greater
the need will be for in-depth training. Staff with little or no contact
with LEP persons may only have to be aware of an LEP plan. However,
management staff, even if they do not interact regularly with LEP
persons, should be fully aware of and understand the plan so they can
reinforce its importance and ensure its implementation by staff.
(4) Providing Notice to LEP Persons
Once an agency has decided, based on the four factors, that it will
provide language services, it is important for the recipient to let LEP
persons know that those services are available and that they are free
of charge. Recipients should provide this notice in a language LEP
persons will understand. Examples of notification that recipients
should consider include:
[sbull] Posting signs in intake areas and other entry points. When
language assistance is needed to ensure meaningful access to
information and services, it is important to provide notice in
appropriate languages in intake areas or initial points of contact so
that LEP persons can learn how to access those language services. This
is particularly true in areas with high volumes of LEP persons seeking
access to certain services or activities run by recipients of the
Corporation dealing with assisting individuals in accessing health,
safety or social services. For instance, signs in intake offices could
state that free language assistance is available. The signs should be
translated into the most common languages encountered. They should
explain how to get the language help.\10\
---------------------------------------------------------------------------
\10\ The Social Security Administration has made such signs
available at http://www.ssa.gov/multilanguage/langlist1.htm. These
signs could, for example, be modified for recipient use.
---------------------------------------------------------------------------
[sbull] Stating in outreach documents that language services are
available from the agency. Announcements could be in, for instance,
brochures, booklets, and in outreach and recruitment information. These
statements should be translated into the most common languages and
could be ``tagged'' onto the front of common documents.
[sbull] Working with community-based organizations and other
stakeholders to inform LEP individuals of the recipients' services,
including the availability of language assistance services.
[sbull] Using a telephone voice mail menu. The menu could be in the
most common languages encountered. It should provide information about
available language assistance services and how to get them.
[sbull] Including notices in local newspapers in languages other
than English.
[sbull] Providing notices on non-English-language radio and
television stations about the available language assistance services
and how to get them.
[sbull] Presentations and/or notices at schools and religious
organizations.
(5) Monitoring and Updating the LEP Plan
Recipients should, where appropriate, have a process for
determining, on an ongoing basis, whether new documents, programs,
services, and activities need to be made accessible for LEP
individuals, and they may want to provide notice of any changes in
services to the LEP public and to employees. In addition, recipients
should consider whether changes in demographics, types of services, or
other needs require annual reevaluation of their LEP plan. Less
frequent reevaluation may be more appropriate where demographics,
services, and needs are more static. One good way to evaluate the LEP
plan is to seek feedback from the community.
In their reviews, recipients may want to consider assessing changes
in:
[sbull] Current LEP populations in service area or population
affected or encountered.
[sbull] Frequency of encounters with LEP language groups.
[sbull] Nature and importance of activities to LEP persons.
[sbull] Availability of resources, including technological advances
and sources of additional resources, and the costs imposed.
[sbull] Whether existing assistance is meeting the needs of LEP
persons.
[sbull] Whether staff knows and understands the LEP plan and how to
implement it.
[sbull] Whether identified sources for assistance are still
available and viable.
In addition to these five elements, effective plans set clear
goals, management accountability, and opportunities for community input
and planning throughout the process.
VIII. Voluntary Compliance Effort
The goal for Title VI and Title VI regulatory enforcement is to
achieve voluntary compliance. The requirement to provide meaningful
access to LEP persons is enforced and implemented by the Corporation
through the procedures identified in the Title VI regulations. These
procedures include complaint investigations, compliance reviews,
efforts to secure voluntary compliance, and technical assistance.
The Title VI regulations provide that the Corporation will
investigate whenever it receives a complaint, report, or other
information that alleges or indicates possible noncompliance with Title
VI or its regulations. If the investigation results in a finding of
compliance, the Corporation will inform the recipient in writing of
this determination, including the basis for the determination. The
Corporation uses voluntary mediation to resolve most complaints.
However, if a case is fully investigated and results in a finding of
noncompliance, the Corporation must inform the recipient of the
noncompliance through a Letter of Findings that sets out the areas of
[[Page 64613]]
noncompliance and the steps that must be taken to correct the
noncompliance. It must attempt to secure voluntary compliance through
informal means. If the matter cannot be resolved informally, the
Corporation must secure compliance through the termination of federal
assistance after the Corporation recipient has been given an
opportunity for an administrative hearing and/or by referring the
matter to the Department of Justice to seek injunctive relief or pursue
other enforcement proceedings.
The Corporation engages in voluntary compliance efforts and
provides technical assistance to recipients at all stages of an
investigation. During these efforts, the Corporation proposes
reasonable timetables for achieving compliance and consults with and
assists recipients in exploring cost-effective ways of coming into
compliance. In determining a recipient's compliance with the Title VI
regulations, the Corporation's primary concern is to ensure that the
recipient's policies and procedures provide meaningful access for LEP
persons to the recipient's programs and activities.
While all recipients must work toward building systems that will
ensure access for LEP individuals, the Corporation acknowledges that
the implementation of a comprehensive system to serve LEP individuals
is a process and that a system will evolve over time as it is
implemented and periodically reevaluated. As recipients take reasonable
steps to provide meaningful access to federally assisted programs and
activities for LEP persons, the Corporation will look favorably on
intermediate steps recipients take that are consistent with this
Guidance, and that, as part of a broader implementation plan or
schedule, move their service delivery system toward providing full
access to LEP persons.
This does not excuse noncompliance but instead recognizes that full
compliance in all areas of a recipient's activities and for all
potential language minority groups may reasonably require a series of
implementing actions over a period of time. However, in developing any
phased implementation schedule, recipients of the Corporation should
ensure that the provision of appropriate assistance for significant LEP
populations or with respect to activities having a significant impact
on the health, safety, legal rights, or livelihood of beneficiaries is
addressed first. Recipients are encouraged to document their efforts to
provide LEP persons with meaningful access to federally assisted
programs and activities.
IX. Promising Practices
This section provides examples of promising practices that
recipients engage in using the federal financial assistance (the
national service volunteers) provided by the Corporation. Recipient
programs are responsible for ensuring meaningful access to all portions
of their program or activity, not just the portions in which national
service participants serve. So long as the language services are
accurate, timely, and appropriate in the manner outlined in this
guidance, the types of promising practices summarized below can assist
recipients in meeting the meaningful access requirements of Title VI
and the Title VI regulations.
Examples of Promising Practices That Provide Access to LEP Persons
The Association of Farmworker Opportunity Programs AmeriCorps
program recruits former farmworkers to serve as AmeriCorps members.
Most members are bilingual, and many are LEP. Members are encouraged to
take English as a Second Language classes as a part of their member
development plan. The program provides pesticide safety training to
farmworkers and their families. Members conduct the training in
Spanish.
The program uses the following techniques to ensure that members
understand their terms of service and benefits:
[sbull] Recruiting posters, flyers and the Member Service Contract
are provided in Spanish.
[sbull] AmeriCorps project staff are bilingual (Spanish/English).
[sbull] Orientation training is provided in Spanish and English.
[sbull] Conference calls are held in Spanish when all members speak
Spanish.
[sbull] Two bilingual second-year members led a team of members
that communicated about their service projects exclusively in Spanish.
[sbull] Members had to be bilingual, but did not require English as
the first language.
[sbull] Recruitment took place at the local field office level, and
candidates were often from the farmworker community.
The Parents Making a Difference AmeriCorps program recruits a
diverse corps including many bilingual members to provide outreach to
parents in low-income school communities. Members translate at parent-
teacher conferences, call parents about absent children, and organize a
wide variety of parent-oriented outreach and educational activities.
``Classroom in the Kitchen'' gives parents tips on how to support
the educational growth of their children in their homes. Diverse
language abilities and cultural knowledge are extremely important in
this regard. The range of English proficiency is varied, allowing
members to help each other, and communication about program activities
is largely bilingual.
The program provides English-Second-Language classes for LEP
AmeriCorps members as part of their Member Development Plan. (This
language support is required by the Rhode Island Commission for all
AmeriCorps programs, in the same vein as the GED training requirement.)
The Temple University Center for Intergenerational Learning,
Students Helping in the Naturalization of Elders (SHINE) program. SHINE
is a national, multicultural, intergenerational service-learning
initiative in five cities. College students provide language, literacy,
and citizenship tutoring to elderly immigrants and refugees. Currently,
students serve as coaches in ESL/citizenship classes or as tutors in
community centers, temples, churches, housing developments, and ethnic
organizations.
Northeastern University, San Francisco State University, Loyola
University, Florida International University and Temple University are
involved with SHINE. Students participate through courses, work study,
and campus volunteer organizations. SHINE program coordinators partner
with local community organizations; recruit, train, place, and monitor
students at community sites; and provide support and technical
assistance.
Since 1997, more than 60 faculty from education, social work,
anthropology, political science, modern languages, sociology, English,
Latino, and Asian studies have offered SHINE as a service-learning
option in their courses. Over 1,000 students provided over 25,000 hours
of instruction to 3,500 older learners at 37 sites in Boston, San
Francisco, Chicago, Miami, and Philadelphia.
The Albuquerque Senior Companion Program (SCP), sponsored by the
City of Albuquerque, Department of Senior Affairs, serves a diverse
senior population with Native American, Hispanic, and Anglo volunteers.
Senior Companions assist the frail elderly with household tasks and
companionship.
Ten of its volunteer stations are located on Pueblos. Each Pueblo
has its own language. The program works closely with its site managers/
supervisors who are bilingual
[[Page 64614]]
employees of the individual Pueblo governments and generally are
residents of the Pueblos. Senior Companions serve on their own Pueblos
and walk to the homes of their clients.
Due to language and cultural barriers these supervisors assist with
all areas of the program. They are familiar with the population in
their individual Pueblos and use this knowledge to assist with
recruitment, placement, and training.
ACCION International, an AmeriCorps*VISTA project sponsor, is a
nonprofit that fights poverty through microlending. ACCION Chicago did
outreach to home-based businesses that rarely have access to capital.
An AmeriCorps*VISTA member found that many of the women make ends meet
through programs such as Mary Kay cosmetics. The AmeriCorps*VISTA
member worked with the ACCION loan officer to develop a loan product
specifically for these women and has organized bilingual information
sessions throughout Chicago neighborhoods.
``Bring New Jersey Together'' is an AmeriCorps program in Jersey
City, New Jersey that seeks to bridge the cultural and linguistic
barriers separating new Americans from the rest of the community.
AmeriCorps members serve LEP community members by translating documents
and escorting them to places such as medical appointments, the grocery
store, or anywhere else where a translator may be necessary. The
primary languages of the program are Spanish, Russian, and Vietnamese,
but also Albanian, Creole, Indian languages, and others depending on
the influx of refugees.
The New Jersey Commission built a partnership with the
International Institute of New Jersey, which had provided services to
the immigrant community for fifty years, to establish an AmeriCorps
program that served the needs of the community.
The Honolulu Chinese Citizenship Tutorial Program is a service-
learning project site in the Campus Compact National Center for
Community Colleges, ``2+4=Service on Common Ground''. The University of
Hawaii at Monoa's College of Social Sciences collaborated with the
Kapl'olani Community College, Chaminade University, the Chinese
Community Action Coalition and Child and Family Service. Local
bilingual college students serve as tutors (during a 10-week session)
for Chinese immigrants to help them pass their citizenship exams. The
immigrants are recruited by visiting adult education classes, through
Chinese radio programs, flyers, and Chinese language newspapers. The
Chinese Community Action Coalition provides the curriculum and
resources such as Scrabble, books, word-picture matching games, and
card games for constructing simple English sentences.
The tutorial sessions focus on passing the INS exam and
conversational English. Many of the immigrants are senior citizens. The
classes are held in Chinatown. Since the project began, about 1,000
immigrants and refugees have enrolled. Over 300 students have
participated as tutors and approximately one-third of the Chinese
immigrants became citizens.
Transition House, Santa Barbara, CA., is a facility that primarily
serves homeless Hispanic women. The services are tailored to meet the
needs of each family to help women and their children move from
homelessness and unemployment to employment and permanent housing. The
AmeriCorps*VISTA members assigned to the project are bilingual. The
clientele is 60% monolingual Spanish speakers.
The AmeriCorps*VISTA members are creating a Career Development
Curriculum that is fully translated into Spanish and members host
seminars about immigration and consumer credit counseling services.
There was a need to improve communication with clients. One of the
AmeriCorps*VISTA members developed ``halfsheets'', one side in Spanish,
the other in English, that explain the services offered by Transition
House.
The AmeriCorps*VISTA members are responsible for placement of
children in daycare to enable parents to work. They accompany families
to childcare providers to assist with translation and to help make the
families feel at ease with placing their children in childcare.
[FR Doc. 02-26632 Filed 10-18-02; 8:45 am]
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