1. TITLE VI Russ Rivera Civil Rights Contract Compliance Officer Idaho Transportation Department Boise ID, 83702 1964 CIVIL RIGHTS ACT: NON-DISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS

2. THIS TRAINING WILL: Provide an overview of Title VI; Sub-recipent guide to assure effective Title VI implementation and enforcement; Examine data collection procedures; Identify public involvement tools.

3. TITLE VI PLAN Assurances (HR Data and Underutilizations) Assign Title VI Coordinator Signed by policy making authority (mayor, city council) Environmental Justice Limited English Proficiency Plan ADA transition Plan or Self-Assessment Complaint Process

4. “Simple justice requires that public funds to which all taxpayers of all races contribute, not be spent in any fashion which encourages, entrenches, subsidizes or results in racial discrimination” John F. Kennedy

6. SIMILAR GOALS / DIFFERENT LANGUAGE Level Playing Field Equity Equality

9. Equity – 1. the quality of being fair or impartial; fairness; impartiality Equality – 1. the state or quality of being equal; correspondence in quantity, degree, value, rank, or ability.equal 2. uniform character, as of motion or surface.

10. EQUITY Opportunity / DBE Education / Training

11. EQUALITY

12. SEC. 601. “No person in the United States 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.”

13. TITLE VI ENSURES Program/activity benefits and services are fair and made available to everyone. The program/activity location will not deny any person access. Persons are not adversely Impacted based on Race, Color, Gender, Etc. TITLE VI– PROTECTS YOU!!!

14. TITLE II VS. TITLE VI Title IITitle VI Race Color Religion National Origin --- “Places of public accommodation” Race Color --- National Origin Sex Age Disability For Federally Funded Programs

15. CIVIL RIGHTS ACT OF 1964 Signed by Lyndon B. Johnson Constitutional Authority Regulation Interstate Commerce Equal protection of laws (14 th ammendment) Voting Rights (Voting Rights Act)

17. US Dept. Of Transportation FHWA FTA FAA Idaho Transportation Dept. Federal Local State LPA Federal Aid Highway Funding Federal Lands Highway Funding

18. All Recipients and Subrecipients must comply with federal Civil Rights Act (CRA) Title VI requirements. Consideration for impacts: Planning Right of way Project Development Construction Research

19. SEC. 601. “No person in the United States 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.”

20. SEC. 601. “No person in the United States 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.” SEC. 601. The Supreme Court has held that all persons, including undocumented citizens, are considered “persons” under the equal protection and due process clauses of the Fifth and Fourteenth Amendments of the Constitution.

21. SEC. 601. “No person in the United States 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.” SEC. 601. Federal Code later amended to include discrimination based upon: sex, age, handicap / disability, english proficiency, income.

22. SEC. 601. “No person in the United States 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.” SEC. 601. Program: Any highway, project or activity for the provision of services, financial aid or other benefits to individuals. Federal Financial Assistance: Grants or loans consisting of federal funds.

23. OTHER NON-DISCRIMINATION AUTHORITIES: The 1970 Uniform Act (42 USC 4601) Persons displaced/Property acquired The 1973 Federal-aid Highway Act (23 USC 324) Sex Section 504 of the 1973 Rehabilitation Act (29 USC 790) Handicap/Disability The 1975 Age Discrimination Act (42 USC 6101) Age Executive Order 12898 on Environmental Justice (EJ) Low Income & Minorities Executive Order 13166 on Limited English Proficiency (LEP) Linguistic Minorities 1987 Restoration Act extended protections to include all programs & activities of Federal-aid recipients and contractors whether federally funded or not.

24. SUBRECIPIENT RESPONSIBILITIES Sign an Assurance Contract obligating sub-recipient to comply with Title VI Statute. Activities are conducted in a non-discriminatory manner. Ensure Title VI Provisions are in federally funded contracts Ensure Title VI provisions are in any other contracts extended to other subrecipients, including subcontractors. Establish a Method of Administration System of procedures policies and methods or mechanisms to ensure non-discrimination in all subrecipient activities and services regardless of federal funding.

25. EXECUTIVE ORDER 12898: ENVIRONMENTAL JUSTICE (EJ) "In making determinations regarding disproportionately high and adverse effects on minority and low-income populations, mitigation and enhancement measures that will be taken and all offsetting benefits to the affected minority and low-income populations may be taken into account…" -- U.S. Department of Transportation Order on Environmental Justice

26. ENVIRONMENTAL JUSTICE COMMUNITIES?

27. IDENTIFYING IMPACTS TO EJ COMMUNITIES Overall Strategies and goals Develop Strategies and efforts to ensure Title VI compliance. Create a demographic profile. Identify socio-economic groups. Service Equity Using demographic information to identify benefits and burdens of transportation investments. Public Involvement Engaging minority populations. Reducing barriers to access.

30. QUESTIONS ON ENVIRONMENTAL JUSTICE???

31. EXECUTIVE ORDER 13166 (LEP) Limited English Proficiency (LEP) Presidential directive: “ensure meaningful access to services and programs” normally provided in English. Nondiscrimination authority grounded on Title VI. Provide guidance on how sub-recipients can provide meaningful access to services for LEP’s. Establish a plan with consistent standards and steps to overcome language barriers on programs and activities. Allow adequate opportunity for stakeholders to provide input.

32. LIMITED ENGLISH PROFICIENCY Executive Order 13166 (LEP)

33. http://www.youtube.com/watch?v=mSGbIpKRQ-chttp://www.youtube.com/watch?v=NIGQe15IZlo

34. DO YOU HAVE AN LEP PLAN?

35. LEP REQUIREMENTS (CONTINUED) Assessment of 4 factors Demography – Number and proportion of LEP’s in the service area. Frequency – Rate of contact with services or programs. Importance – Nature and importance of program services. Resource – Availability of resources. Plan of Action Identification – Volume and location of LEPs and LEP Communities. Language assistance measures – Types of language services available; how to respond to LEP callers; how to respond to LEPs in person: how to respond to written communication; types of documents/info to translate. Staff – Knowledge of policy and procedures, linguistic diversity and sophistication, cultural sensitivity and communication skills, training and experience. Outreach measures – Notification methods on special language assistance Monitoring and evaluation of efforts.

36. EXAMPLES “The City of “X” weighed the cost and benefits of translating documents for potential LEP groups. Considering the expense of translating documents, the likelihood of frequent changes in documents and other relevant factors, at this time it is an unnecessary burden to have any documents translated.” “The city of “Z” currently provides Spanish/English bilingual staffing at the “Z” City Hall and also in the Marshal’s department. The City may also consider a telephone language line, should staffing change. At this time the city provides accurate and competent language services and will continue to monitor and evaluate its service provided as the demographics change.”

37. EXAMPLES “The City of “X” weighed the cost and benefits of translating documents for potential LEP groups. Considering the expense of translating documents, the likelihood of frequent changes in documents and other relevant factors, at this time it is an unnecessary burden to have any documents translated.” X= Larger Overall Population (4x), Larger LEP Population by %10 “The city of “Z” currently provides Spanish/English bilingual staffing at the “Z” City Hall and also in the Marshal’s department. The City may also consider a telephone language line, should staffing change. At this time the city provides accurate and competent language services and will continue to monitor and evaluate its service provided as the demographics change.”

38. GOOD -Innovative / Proactive -Recognize Statistics -Demographics -Engaging Cultures -Inclusive BAD -Undue Burden -Deny Reality -Internal polling -Extraneous Cost -Citizenship

39. GOOD -Innovative / Proactive -Recognize Statistics -Demographics -Engaging Cultures -Inclusive BAD -Undue Burden -Deny Reality -Internal polling -Extraneous Cost -Citizenship

40. QUESTIONS ON LIMITED ENGLISH PROFICIENCY???

41. ADA COMPLIANCE Transition Plan (>50 staff members) Identify physical obstacles limiting accessibility. Describe methods used to attain accessibility. Specify Schedule. Indicate individual responsible for ADA compliance.

42. ADA TRANSITION PLAN NEEDS ASSESSMENT

43. DO YOU HAVE A COMPLAINT PROCESS When to file What information to include Recordkeeping on complaints Outcome notification Alternative contacts

44. ADA COMPLIANCE

46. QUESTIONS ON ADA COMPLIANCE???

47. HTTP://WWW.ITD.IDAHO.GOV/CIVIL/TITLE6.HTM

48. WHAT TO EXPECT DURING A TITLE VI REVIEW Current Project List Pre-award Assurances HR Data and Underutilizations Limited English Proficiency Plan (4 Factor analysis, Outreach Methods, Request for Accommodation) Environmental Justice (Maps and Demographics and Project Summaries) ADA (Transition Plan, or Needs Assessment, Outreach, Request for Accommodation) Other Deliverables (Translated Documents)

49. COMMON ISSUES WITH TITLE VI PLANS: Title VI Coordinator Policy setting authority and regulations Federally and non-federally assisted programs are included Complaint notification (ITD and other recipients) LEP, Four factor analysis

50. Russ Rivera Contract Compliance Officer Idaho Transportation Department (208) 334-8152 Russ.Rivera@ITD.Idaho.Gov