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 How to Effectively Establish Language Access at Your Organization

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

History of Legal Services Work on LEP Issues Office for Civil Rights Complaints Office for Civil Rights Complaints Reyes Consent Decree Reyes Consent Decree Interpreter Certification Interpreter Certification Court Interpreter Requirements Court Interpreter Requirements Refugee and Immigrant Advocacy Project Refugee and Immigrant Advocacy Project Washington State Coalition for Language Access Washington State Coalition for Language Access

5 Steps 1. Determine language need 2. Train staff on legal requirements and how to work with interpreters 3. Establish systems: bilingual staff, interpreters, telephonic contract 4. Establish systems for translation (documents, publications etc.) 5. Monitor and improve

Step 1 Determine language need Census data Census data School district data School district data Client data Client data

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

School District Statistics (2002) 181 Languages spoken statewide 181 Languages spoken statewide 62% Spanish speaking 62% Spanish speaking Additional 24% concentrated in seven other languages Additional 24% concentrated in seven other languages Seven other languages spoken by at least 1000 students (Russian, Ukrainian, Vietnamese, Korean, Cambodian, Somali and Tagalog) Seven other languages spoken by at least 1000 students (Russian, Ukrainian, Vietnamese, Korean, Cambodian, Somali and Tagalog) 21 districts served over 1000 LEP students 21 districts served over 1000 LEP students 22 districts had at least 25% LEP students 22 districts had at least 25% LEP students

Plan for change... Steady growth of Spanish speaking residents Steady growth of Spanish speaking residents Bosnian, Somali (and other East African languages) and Ukrainian are growing Bosnian, Somali (and other East African languages) and Ukrainian are growing Vietnamese, Cambodian and Lao continue to decline 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 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 Cape Flattery school district has 178 Makah speaking students Central Kitsap has Finnish, Arabic, and Gujarati among its 20 languages Central Kitsap has Finnish, Arabic, and Gujarati among its 20 languages Colville has 22 Russian speakers in its schools, Moses Lake 2 Swahili speakers Colville has 22 Russian speakers in its schools, Moses Lake 2 Swahili speakers Kennewick has Mandingo, Yoruba and Kakwa among its 20 languages Kennewick has Mandingo, Yoruba and Kakwa among its 20 languages Longview has Thai, Tongan and Gujarati among its 16 languages Longview has Thai, Tongan and Gujarati among its 16 languages

NATIONAL DEMOGRAPHIC IMPERATIVES

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

Step 2 Train staff on legal requirements and how to work with interpreters Use in advocacy (government agencies, courts, etc) 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.” 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 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 Comprehensive Language Access Plan Provide services in LEP client’s primary language Provide services in LEP client’s primary language

Standard 1.7 Bases Demographic imperatives Demographic imperatives Funding requirements Funding requirements LSC Guidance LSC Guidance Title VI Title VI Ethical issues Ethical issues

Review of the Law: TITLE VI and Executive Order 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 (b)(2). 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 (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: 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 (b)(2). 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 (b)(2).

Title VI and the Executive Order (CONT’D) WHO IS COVERED? WHO IS COVERED? Law requires all recipients of Federal financial assistance from DOJ to provide meaningful access to LEP persons. Law requires all recipients of Federal financial assistance from DOJ to provide meaningful access to LEP persons. Executive Order signed August 11, 2000 extended requirements to federal agencies Executive Order signed August 11, 2000 extended requirements to federal agencies

FACTORS TO DETERMINE COMPLIANCE: The number or proportion of non-English speakers served or encountered in the eligible service population 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 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 importance of the benefit, service, or information to non- English speakers The resources available to the recipient and the costs of service The resources available to the recipient and the costs of service

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

Step 3 Establish systems: Notification to clients of services Notification to clients of services Bilingual staff Bilingual staff Interpreters Interpreters Telephonic contract Telephonic contract

Factors to consider 1. Staff lack of understanding of language skills 2. Ignorance of interpreter role 3. Systems for tracking, requesting and reimbursing 4. Interpreter quality and confidentiality 5. Technology (hotline, 3 way call/speaker phone) 6. Need for assessment of staff skills 7. Adequate access to interpreter resources

Step 4 Establish systems for translation Client File Documents (retainer, release, etc.) Client File Documents (retainer, release, etc.) Letters and Legal Documents Letters and Legal Documents Advice and Self-Help Publications Advice and Self-Help Publications Outreach Materials Outreach Materials

Factors to consider 1. Efficiency of translation 2. Accuracy of translation (dialects, regions) 3. Brochures versus advice letters, legal documents 4. Plans for additional materials 5. System for updating and editing translated materials

Step 5 Monitor and Improve

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