2. [Your Community’s Name] Nondiscrimination & Accessibility Programs
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[Your Community’s Name] Nondiscrimination & Accessibility Programs
[NAME], INDOT Title VI & ADA Program Manager
[Title]
Phone Number

3. Overview In this module you will learn:
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In this module you will learn:
Which laws & regulations govern Accessibility & Nondiscrimination
How these regulations relate to [your town’s] programs
How we integrate these requirements into our business practices, and
How they are enforced
What is Title VI?
Title VI is a federal law that deals with nondiscrimination in federally assisted programs and activities and has broad applicability. Title VI does not cover claims of employment discrimination except in instances where the primary objective of the financial assistance is to provide employment for the service, benefit or program (42 U.S.C. 2000d-3).
What Constitutes Financial Assistance Under Title VI?
Financial assistance includes grants and loans of funds, donations/ grants of federal property and interests in property, detail of federal personnel, sale and lease of and permission to use (other than on a casual or transient basis) federal property or interest in such property for little or no consideration, any federal contract or agreement which has as one of its purposes, the provision of assistance. 28 CFR (c).

4. The Take Aways:
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Recipients of Federal Funds have both a contractual and legal obligation to comply with Title VI, including:
Limited English Proficiency (LEP) Requirements
Environmental Justice (EJ) Requirements
Disability.
Compliance includes monitoring internal programs as well as monitoring subrecipients of Federal Funds when we provides those funds to third parties.
Recipients of Federal Funds must comply with Section 504 & not discrimination on the basis of disability while Public Entities must comply with the ADA. We areboth!
As a recipient of federal funds, we must comply with Title VI regardless of whether or not federal funds are used.
Assurances must be included in every subcontract and appropriate appendices included in deeds, leases, etc.
All programs & facilities must be accessible.
Noncompliance may result in loss of funding and legal action.
We will discuss these

5. Title VI of the Civil Rights Act of 1964
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“No person in the United States shall on the grounds 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.” (42 U.S.C. 2000d)
What is Title VI?
Title VI is a federal law that deals with nondiscrimination in federally assisted programs and activities and has broad applicability. Title VI does not cover claims of employment discrimination except in instances where the primary objective of the financial assistance is to provide employment for the service, benefit or program (42 U.S.C. 2000d-3).
What Constitutes Financial Assistance Under Title VI?
Financial assistance includes grants and loans of funds, donations/ grants of federal property and interests in property, detail of federal personnel, sale and lease of and permission to use (other than on a casual or transient basis) federal property or interest in such property for little or no consideration, any federal contract or agreement which has as one of its purposes, the provision of assistance. 28 CFR (c).

6. Purpose of Title VI
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To eliminate discrimination in federally funded programs and activities.
To ensure equitable distribution of public funds for public benefit.
EVERYONE PAYS = EVERYONE PLAYS
Title VI is for everyone
Title VI creates a duty for everyone to take affirmative steps to ensure that no person is discriminated against based on their membership in a protected class.

7. Civil Rights Restoration Act of 1987
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Clarified and restored the intent of Title VI.
The scope of Title VI includes ALL programs and activities of Federal-aid recipients and contractors regardless if the programs are federally funded or not.
What Part of A Recipient’s Activities Are Covered by Title VI?
Reversed the US Supreme Court decision in Grove City College v. Bell, 465 U.S. 555 (1984)-which narrowed the scope of Title VI and limited the reach of federal agency nondiscrimination requirements to those parts of a recipient’s operations which directly benefited from federal assistance.

8. Our Title VI Responsibilities:
Designate a Title VI Manager
Ensure Programmatic INDOT
Develop, Post & Implement a Title VI Policy
Implement a Complaint Policy
Maintain a Complaint Log
Evaluate the following for discrimination:
Programs / Facilities
Activities
Section 504 applies to “15 to 50 employees”, to “anyone receiving financial assistance” while Title II of the ADA applies to all public entities with 50 or more employees.

9. Title VI Responsibilities:
Adhere to the signed Assurances of Nondiscrimination & include the appropriate appendices where applicable
Disseminate Title VI information to beneficiaries & stakeholders: Include Title VI in your Public Involvement Plan
Monitor our Subrecipients for Compliance
Develop, Post & Implement our annual program documents:
Title VI Implementation Plan, and
Annual Goals & Accomplishments Report
Section 504 applies to “15 to 50 employees”, to “anyone receiving financial assistance” while Title II of the ADA applies to all public entities with 50 or more employees.

10. Designate a Title VI & ADAManager:
NAME (ADA Coordinator)
ADDRESS
Number
Together with…
Name (Title VI Coordinator)
Section 504 applies to “15 to 50 employees”, to “anyone receiving financial assistance” while Title II of the ADA applies to all public entities with 50 or more employees.

11. Our Title VI Mission Statement
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We, the [city/town/county of ____] will implement compliance with Title VI of the Civil Rights Act of (Title VI); 49 CFR § 26; and related statutes and regulations to ensure that no person is excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving federal financial assistance on the grounds of race, color, national origin, or any other prohibited basis.
INDOT’s program scope mimics the FHWA Title VI program, but complies with the April 8, 2015 effective executive order.

12. Our Complaint Policy Requirements: Develop a grievance procedure.
Develop a complaint form that clearly identifies the Title VI Coordinator by name & provides contact information.
We has a complaint policy: (insert link to web address here)
Complaints must be reduced to writing.
Confidentiality
No retaliation
Develop: Anything can be developed. It can look good. It can meet the requirements on its face, BUT: Everyone must know it exists, internally & externally AND it must be put into practice in order to truly exist. Develop, Post & Implement is an important compliance concept.

13. Assurances of Nondiscrimination:
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As a condition of receiving Federal Funds all recipients and subrecipient must sign Assurances of Nondiscrimination.
Create a contractual obligation
Require programmatic compliance: DO’s & Dont’s
Contain appendices that MUST be included in certain kinds of agreements so that the contractual obligation follows the money to further subrecipients.
Our Title VI Assurances: (insert web address)

14. Programmatic Implementation:
Requirements:
Build a communication network of trained agency representatives in different divisions, program areas, agencies, etc. such that adequate awareness & data collection & analysis can occur. This can be scaled to fit our community.
Our Trained Staff Network includes the following individuals:
(List names and roles)
This is not separated in the toolkit from the designating a manager, but it is an important part of establishing a foundation that will make the Title VI Plan and the Goals & Accomplishments “Work” in the real world.

15. Program Evaluation: Recommendations:
Conduct a discrimination analysis whenever data collected reveals the potential for discrimination.
The following chart indicates how a disparate impact analysis may be conducted.
This is a legal analysis and should be done with the participation of counsel.
Discrimination potential?

16. Limited English Proficiency (LEP)
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Executive Order requires federal-aid recipients to take reasonable steps to ensure meaningful access to their services to Limited English Proficiency persons.
4 factor analysis:
> number LEP persons encountered, > need for assistance
Frequency of contact with LEP persons
Importance of program or service provided (warning signs)
Available resources (reasonable test)
Under Executive Order 13166, there are no hard and fast rules regarding LEP. The goal is to remove artificial barriers to federally assisted programs and activities. Programs and activities normally provided in English must be accessible to LEP persons. An LEP person is a person who does not speak English or has a limited ability to read, speak, write or understand English.
LEP is closely tied to ethnicity/national origin and the failure to provide language services may constitute discrimination based on national origin/ethnicity in some situations.

17. Environmental Justice
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Executive Order Requires all federal agencies to make Environmental Justice (“EJ”) part of their mission by identifying and addressing the effects of all programs, policies, and activities on minority and low-income populations.
The Civil Rights Act of 1964 and the Stafford Act of 1974 are two laws that dealt with the EJ types of issues that Executive order reinforces.
Fundamental Principals of EJ:
To avoid, minimize, or mitigate disproportionately high and adverse human health and environmental effects, including social and economic effects, on minority populations and low-income populations.
To ensure the full and fair participation by all potentially affected communities in the transportation decision-making process.
To prevent the denial of, reduction in, or significant delay in the receipt of benefits by minority and low-income populations.
The following groups are considered minorities: Alaskan Natives, American Indians, Asian Americans, Blacks, Hispanics, Native Hawaiians or other Pacific Islanders.
Low Income includes individuals whose household income is at or below the Department of Health and Human Services Poverty Guidelines

18. Environmental Justice
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EJ applies to all transportation decisions, including:
Policy making
System planning
MPO and statewide planning
Preliminary review under NEPA
Preliminary design
Final design engineering
Right-of-way
Construction
Operations and maintenance
INDOT Responsibilities: Develop appropriate procedures, goals, and performance measure to implement and assess compliance. Enhance public involvement activities to ensure meaningful participation of minority and low income populations.
MPOs: Ensure that long range transportation plans and transportation improvement programs comply with Title VI. Identify residential, employment and transportation patterns of minority and low income populations so that their needs can be identified and addressed. Improve public involvement process

19. EJ Requirements
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Make a meaningful effort to involve minorities and low income populations in the decision making process.
Evaluate the nature, extent and incidence of probable, favorable and adverse human health or environmental impacts on protected populations.
Incorporate EJ considerations throughout the project development process.
Tips: Identify EJ issues early. Know your client, project managers and other key personnel. Focus on the issues important to the community. Look for solutions. Be creative.

20. Americans with Disabilities Act
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Applies to all public entities
Requires provision of program access and effective communication
Includes public transportation
Enforced by U.S. Dept. of Justice
ADA applies regardless of the size of the community.

21. Goals of the ADA Equal opportunity Full participation Independence
Economic self-sufficiency

22. Section 504 of the Rehabilitation Act of 1973:
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Section 504 of the Rehabilitation Act of 1973:
“No qualified handicapped person shall, solely, by reason of his handicap, be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any program or activities that receives or benefits from Federal financial assistance.”
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 790). The ADA applies to public entities regardless if money is involved.
However, Section 504 applies because federal money is used. Both have the same standards, just different enforcement.
The DOJ is lead authority for the ADA. DOT has compliance responsibility for pedestrian facilities.
DOT has compliance responsibility for Section 504 of the Rehabilitation Act of 1973.
Requires that recipients ensure that all pedestrian facilities meet the minimum accessibility design requirements set forth by law.

23. ADA & Our Community Programs & Facilities must be accessible
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Programs & Facilities must be accessible
ADA Transition Plan: (web address of plan)
Discuss how you use and update your transition plan
Complaint & nondiscrimination policies
Public Involvement
How do you obtain public involvement
Tips: Identify EJ issues early. Know your client, project managers and other key personnel. Focus on the issues important to the community. Look for solutions. Be creative.

24. Consequences of Noncompliance
Withholding of payments on the contract until the sub recipient complies, and
Cancellation, termination or suspension of the contract in whole or in part, or
Other authorized action including provisions under state and local law (e.g. referral to FHWAor the U.S. Department of Justice)
Non-compliance is not making good faith efforts.

25. Things to Remember: Learn to:
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Learn to:
Identify areas where we should take a closer look for the appearance of discrimination
Be able to identify potential discriminatory outcomes in you work area
Be familiar with our community-wide policies related to:
Disabilities - accessible facilities and programs
Complaints of Discrimination
Language Services Requests
Environmental Justice
We will discuss these