1. Title VI Language Access Conference Language Access Plan
Massachusetts Continuing Legal Education
Marisa de la Paz
Director, Multilingual Services
Executive Office of Labor & Workforce Development

2. Outline Background Language Services Needs Assessment
Language Assistance Measures
Language Access Protocols
Document Translation
Interpretation
Bilingual vs. Interpreter or Translator
Quality Control
Monitoring
Best Practices
Useful Tools
Q & A

3. Background What is Limited English Proficient (LEP)?
A Limited English Proficient (LEP) individual is someone who does not speak English as his/her primary language and who has a limited ability to read, speak, write and/or understand English.
Federal/State laws & EO particularly applicable to language access include:
Title VI of the Civil Rights Act of 1964
Title VI regulations, prohibiting discrimination based on national origin
Executive Order 13166
Massachusetts Executive Order 526
Massachusetts General Law 151A §62A(iii) 
Marisa de la Paz, Office of Multilingual Services

4. Definition of Language Access Plans:
The LAP is a management tool that provides an administrative blueprint for bringing the agency into compliance with language access requirements. The plan describes how the agency will implement the standards for service delivery delineated in the policy directives, including explaining how the agency will increase its capacity to address, etc.
State agencies have an obligation, when reasonably possible; to reduce language barriers that can preclude meaningful access by non-English speakers and LEP persons to important government services.
Executive Order 526 requires all State Agencies to develop and implement a plan to provide services to persons with Limited English Proficiency, ensuring meaningful access to the Agency' programs, services and activities. de la Paz Chase,
Massachusetts Language Access Plans follow federal requirements Executive Order Executive Order and Department of Justice Policy Guidance entitled "Enforcement of Title VI of the Civil Rights Act of 1964
The definition should be: LAPs are meant for:
Persons whose primary language is not English
Those with a limited ability to read, speak, write, or understand English and are thus defined as limited English Proficient, or “LEP.”
LEP persons, as well as disabled persons, are eligible to receive language assistance with respect to accessing a particular type of service, benefit provided by the state.
Background (Cont.)
State/Federal and federally funded agencies have an obligation, when reasonably possible, to reduce language barriers that can preclude meaningful access by LEP persons to important government services.
The Language Access Plan (LAP) is a management tool that provides an administrative blueprint for bringing the agency into compliance with language access requirements.
Key components of a LAP include:
Identification of persons charged with implementing the plan
Identification and assessment of LEP communities
A description of the timeframe, objectives, and benchmarks for work to be undertaken
Identification of funding and procurement issues and the steps needed to address them
Notice of language assistance services
Training staff on policies and procedures
Monitoring and updating the plan, policies, and procedures
Collaborating with LEP communities and other stakeholders

5. Language Services Needs Assessment
Apply the four-factor analysis:
Number or proportion of LEP persons served or encountered in the eligible service population
Frequency with which LEP individuals come in contact with the Agency
Nature and importance of the program, activity, or service provided
Resources available to the agency and cost incurred

6. Demographics Limited English Proficient Population in Massachusetts
Language
Number of speakers
Speakers as % of total population
Number of total population that speaks English less than “very well” (LEP)
% of total population that speaks English less than "very well" (LEP)
Total pop. 5 and Older
6,238,762
100.0%
Speak only English
4,871,680
78.0%
Speak a language other than English
1,367,082
22.0%
553,602
9.0%
Spanish
502,625
8.1%
215,660
3.5%
Portuguese
181,810
3.0%
84,725
1.4%
Chinese (Includes other Chinese languages & dialects)
106,715
1.7%
56,534
0.9%
Haitian Creole
64,549
1.0%
28,704
0.5%
French
62,941
12,076
0.2%
Vietnamese
40,302
0.6%
24,741
0.4%
Italian
38,919
10,295
Russian
36,549
16,341
0.3%
Arabic
29,436
11,942
Greek
23,991
6,752
0.1%
Khmer
21,869
11,369
Polish
19,235
6,255
Hindi
18,845
3,370
less/th 0.1%
German
17,515
1,842
Korean
16,962
7,840
Lao
3,113
Less/th 0.1%
1,468
Language spoken at home by ability to speak English for the Population 5 Years of age and over (Percentages rounded to nearest tenth; all values below 0.5% are labeled “less than 0.1%”)

7. Demographics (Cont.)
Fifteen Most Commonly Spoken Languages Other than English in Massachusetts Ranked by LEP Percentage of Total LEP Population
Language
Total Speakers
LEP* Population
Percentage LEP
Vietnamese
40,302
24,741
61%
Chinese (includes other Chinese languages)
106,715
56,534
53%
Khmer
21,869
11,369
52%
Korean
16,962
7,840
46%
Russian
36,549
16,341
45%
Haitian Creole
64,549
28,704
44%
Spanish
502,625
215,660
43%
Arabic
29,436
11,942
41%
Polish
19,235
6,255
33%
Greek
23,991
6,752
28%
Italian
38,919
10,295
26%
French
62,941
12,076
19%
Hindi
18,845
3,370
18%
German
17,515
1,842
11%
*LEP defined as “speak English less than very well”

8. Demographics (Cont.) Massachusetts LEP Population (Speaks English less then very well)
Total Population 5 Years and Over: 6,238,762
Spoke Only English at Home: 4,871,660
Spoke a Language Other than English at Home: 1,246,037
Limited English Proficient Population (Spoke English Less than ‘Very Well’): 553,602
Spanish
215, %
Other
143, %
Haitian Creole
28, %
Vietnamese
24,741 – 0.4%
Chinese
56, %
Portuguese
84, %

9. Language Assistance Measures
Identify the various services/programs and their importance, and then prioritize them
Gather data on the language makeup of the population served by the agency
Identify LEP individuals in need of language assistance by collecting language preference
Analyze the proportion of LEP served by this program
To determine the type of language services needed, agencies can also consult
Latest Census Information
Demographic data via public sources
Any other language-related information
Define how often the agency provides services to this population
Identify what languages are most frequently encountered
Identify all points of contact between the agency and the public, including office locations and any language-related barriers to those services
Initiate a review of all forms, letters, and documents
Identify funding and procurement issues

10. Language Access Protocols
When/How can Staff obtain language assistance
Devise protocols so staff knows when to secure language services
Publish step by step procedures on how to request professional in-person and telephonic interpreters
Identify linguistically, culturally, and technically competent staff able to provide direct client servicing in client primary language
Create and maintain a contact list of qualify bilingual staff in the agency

11. Language Access Protocols (Cont.)
When/How can LEP Clients access language assistance
Insert babel notices on documents/materials informing LEP clients of free of charge language assistance
Display “Interpretation Services available” posters in agency public spaces
Use “I speak” cards in every point of client’s contact
Capture primary language data when clients apply, register or request an agency service, program or activity
Translate all agency vital documents and post them on agency website

12. Document Translation Definition of Translation:
Translation is the written rendering of the source language text into the target language text.
Implement a protocol to review all forms, letters, and documents, and translate all documents that are determined to be “vital” into “languages regularly encountered”
Create “vital” document list (applications, appeal notices, standard publications, etc.)
Distinguish between vital and non-vital documents
Research and select professional translator contracts from Statewide Contract
Use only qualified in-house translators

13. Interpretation Research and select professional interpreter contracts
Definition of Interpretation:
Interpretation is the immediate oral rendering of the source language into the target language.
Research and select professional interpreter contracts
Implement a protocol to request interpreters
Implement a feedback process to ensure the quality of
interpretation
Develop a plan to hire bilingual staff & qualified staff Interpreters
Use only trained in-house interpreters

14. Bilingual vs. Interpreter or Translator
Differences between a bilingual staff person and an
interpreter or translator
Bilingual means fully fluent in two languages
Bilingual staff should be qualified to conduct business in both languages and can be used to conduct business directly in the clients’ primary language
Being bilingual or speaking another language does not automatically qualify an individual to be an interpreter or a translator
Interpreters and translators require additional specific skills in addition to being fully fluent in two or more languages

15. Quality Control
Ensuring quality and accuracy of language assistance services is critical and should be closely monitored
Ensure that all in-house staff who serve as translator or interpreter who communicate with LEP individuals are competent to do so and undergo on-going language access training
Bilingual staff who communicate directly with the LEP client should be well versed in specialized terms and fluent in agency terminology
Ensure that all bilingual or contracted personnel who serve as translators understand the expected reading level of the audience and, where appropriate, have fundamental knowledge of the target language group’s vocabulary and linguistic style
Ensure agency staff is aware of the plan and protocols and provide regular training on language access services
Inform and train newly hired staff
Conduct periodic quality control reviews to ensure staff compliance

16. Monitoring
Include a system in each LAP to periodically monitor agency compliance with the guidelines, and any changes in the agency’s language access plan and its protocols
Monitor any changes in the LEP population/service area
Make sure all staff know and understand the LAP and how to implement the guidelines (language access trainings)
Monitor feedback from Community Based Organizations (CBO), legal services and other stakeholders about the effectiveness and performance in ensuring meaningful access for LEP individuals
Include a system in each LAP to periodically monitor agency compliance with the Guidelines, and any changes in the agency’s language access plan and its protocols
Complaints process

17. Best Practices Have a Language Access Plan
Display the Language Access Plan as a public document and post on Agency website
Advertise program eligibility and availability of free language assistance
Post notices in public spaces of agency offices
Use of “I speak” cards
Employ bilingual staff and utilize bilingual staff who are qualified interpreters and translators
Contract with interpreter and translator services that can provide qualified interpreters and translators
Telephone language access line
Procedures for communicating with LEP by telephone

18. Best Practices (Cont.)
Use sight translation of documents in languages not frequently encountered
Insertion of notices in appropriate languages in brochures, manuals, and other materials
Translation of application forms, instructional documents, and other key documents
Training of all staff, particularly staff dealing with the public
Develop a glossary of terminology that interpreters/translators can consult for consistency
Notice to and consultation with CBO’s that serve LEP persons regarding their problems and solutions, including standards and procedures for using their members as voluntary interpreters
Consideration of LEP needs when implementing new programs, services and activities, publishing new forms or notices etc.

19. Useful Tools Insert “Babel” notices in documents
Marisa de la Paz, Office of Multilingual Services

20. Useful Tools How to Say, “One Moment Please” in Eighteen Common Languages

21. Useful Tools Language Identification Flashcard
This Flashcard reads "I speak (language)." in 38 languages and can be used to identify the language spoken by LEP customers.

22. Right to interpreter services free of charge
Useful Tools
Right to interpreter services free of charge

23. Q & A
Marisa de la Paz, Office of Multilingual Services