L ALanguage Access:Eff ti l S i Li it d d N E li h S kEffectively Serving Limited- and Non-English Speakers

Webinar • October 5, 2010

CLINICCatholic Legal Immigration Network, Inc

Webinar October 5, 2010

CLINIC•Julia Alanen, Esq., CLINIC•Martin Conroy, Language Line Services•Dr. Patricia Maloof, CLINIC

Terminology & Definitionsgy

L A• Language Access– Ensuring that persons who have limitedEnsuring that persons who have limited

or no English proficiency are able to access information, programs andaccess information, programs and services at a level equal to English proficient individualsproficient individuals

• NEP & LEP

• Interpret & Translate

Scope & Gravity of the Language Access CrisisAccess Crisis

• How many NEP/LEP persons currently reside in the U.S.?y

• Who are NEP/LEP persons?– What is their immigration status? Age?

Condition? What circumstances ti t d th t i t t th U S ?motivated them to migrate to the U.S.?

• Who else could be impacted by p ylanguage barriers?

Case Examples of Harm Resulting From Language Access BarriersFrom Language Access Barriers

• What are some critical services & venues that are inaccessible tovenues that are inaccessible to many NEPs/LEPs?y

• What are some examples you have seen or heard about where you live?live?

Should we promote Language Access or Linguistic Integration?Access or Linguistic Integration?

• Why are so many people NEP or LEP?

• Why don’t they just learn English?• Why don t they just learn English?

• Are there any valid reasons why someone y yliving in the USA might not speak English?English?

• Are there any valid reasons to promotelinguistic diversity in the USA?

Access to Justice

• Brennan Center for Justice study of 35• Brennan Center for Justice study of 35 State courts (July 2009):– 13 million NEP/LEP people live in states that don’t

require courts to provide interpreters in most civil casescases

– 46% fail to require interpreters in all civil cases

– 80% fail to guarantee courts will pay for the80% fail to guarantee courts will pay for the interpreters they provide

– 37% fail to require use of credentialed interpreters, q p ,even when such interpreters are available

Fees & Costs

• How much does an interpreter typically charge?typically charge?

• What does document translation typically cost?

Wh i i t th t ?• Who is going to pay these costs?

Access to Justice

• US DOJ Letter to Indiana State• US DOJ Letter to Indiana State Courts (2009):– State courts that receive federal dollars

must provide NEP/LEP litigants p glanguage access in civil and criminal proceedingsp g

– Courts must pay for the court interpreters that they provideinterpreters that they provide

Unqualified & Inappropriate Interpreters / TranslatorsInterpreters / Translators

• Certified vs. registered interpreters?

Use of children and/or famil• Use of children and/or family members as interpreters?

• Use of persons from same town, tribe or village?or village?

• Does interpreter’s gender matter?p g

U.S. Domestic Laws

F d l L•Federal Laws– The XIV Amendment to the U.S. Constitution– Title VI of the 1964 Civil Rights Act– Executive Order 13166

Americans with Disabilities Act (ADA)– Americans with Disabilities Act (ADA)– Rehabilitation Act (§ 504)–U.S. Court Interpreter ActU.S. Court Interpreter Act

•State & Local lawsHawaii Maryland New York– Hawaii, Maryland, New York

– Oakland, Philadelphia, San Francisco & D.C.

The Fourteenth Amendmentto the U S Constitutionto the U.S. Constitution

• No State shall “deny to any person within its jurisdiction the equalwithin its jurisdiction the equal protection of the laws” (ratified 1868)

• Yick Wo v. Hopkins (1886)

• Washington v Davis (1976)• Washington v. Davis (1976)

• Keyes v. Sch. Dist. (1973)y ( )

Title VI of the Civil Rights Actg

P hibit i t ti l di i i ti th• Prohibits intentional discrimination on the basis of race, color, or national origin in f d ll f d d d f d ll i t dfederally-funded and federally-assisted programs and activities.

• Who is required to comply?

What if the federal funding only supports• What if the federal funding only supports one part of your program, not the entire operation?operation?

Complaints under Title VI for National Origin Discrimination affecting NEP/LEP personsDiscrimination affecting NEP/LEP persons

• U S Department of Justice Office of CivilU.S. Department of Justice, Office of Civil Rights, Coordination and Review Section

• DOJ Hotlines:– (888) 848-5306 - English and Spanish– (202) 307-2222 (voice)– (202) 307-2678 (TDD)( ) ( )

• Complaint forms (English, Spanish, Chinese):htt // j ti / t/ / l i t h– http://www.justice.gov/crt/cor/complaint.php

Executive Order 13166

• August 11, 2000

• “Improving Access to Services for Persons withImproving Access to Services for Persons with Limited English Proficiency”

• Requires all federally funded and federally• Requires all federally-funded and federally-assisted programs, services and activities take reasonable steps to ensure meaningful access to easo ab e s eps o e su e ea g u access oall LEP/NEP persons eligible for their services

• Requires agencies develop/implement a system• Requires agencies develop/implement a system, draft internal Title VI guidelines

Executive Order 13166

• Caveats:Caveats: – Access is to services consistent with, and without

unduly burdening, fundamental mission of the agency– Explicitly precludes judicial review: EO-13166 “does not

create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the U Senforceable at law or equity by a party against the U.S., its agencies, its officers or employees, or any person.”

• Reaffirms Executive Branch commitment toReaffirms Executive Branch commitment to language access

• DOJ has issued EO 13166 Policy Guidance• DOJ has issued EO-13166 Policy Guidance setting forth compliance standards

Executive Order 13166 Compliance Analysis Factors:Analysis Factors:

• The number or proportion of LEP [and NEP]• The number or proportion of LEP [and NEP] persons eligible to be served or likely to be encountered by the [federally funded] program or y [ y ] p ggrantee/recipient;

• The frequency with which LEP individuals come in q ycontact with the program;

• The nature and importance of the program, activity or service provided by the program to people’s lives; and

• The resources available to the grantee/recipient and costs.

Number and Frequencyq y

H ld fi d thi i f ti ?How would you find this information?

• Census data

• School System data

• Data from state and local governments

• Data from NGO service providers• Data from NGO service providers

• Your own agency data – case files, telephone logs of inquiries, etc.

Importance of Services p

The nature and importance of the program, activity or service provided by the program to people’s lives

• Emergency ServicesEmergency Services

• Mandated compliance

• Office visit

Ph ti• Phone conversations

Resources Available What can your agency do?What can your agency do?

The resources available to the grantee/ recipient and costs

Remember – sign, verbal, and written accessibilityaccessibility

• Recruit Bilingual/Multilingual Staff

• Recruit Qualified Volunteers

T l h i I t t ti• Telephonic Interpretation

Resources Available What can your agency do?What can your agency do?

• Translate signage

Translate informational materials• Translate informational materials

• Accommodate Hearing ImpairedAccommodate Hearing Impaired

• Accommodate Pre-Literate LEPs & NEPs

Additional Requirements of Planq

St ff T i iStaff Training:• Orientation for new staff; reviewed regularly• Information on Title VI Policy & Agency Plan• Description of language assistance services p g g

offered• Documentation of language assistance g g

requests • How to respond to unanticipated language p p g g

access needs

Additional Requirements of Planq

Monitor and evaluate on a regular basis:Monitor and evaluate on a regular basis:

• Number of LEP person contacts encountered annually

• How the needs have been addressed• How the needs have been addressed

• Review of current LEP populations in service area

• Determine whether need for interpretationDetermine whether need for interpretation and translation services has changed

Additional Requirements of Planq

M it d l t l b i (2)Monitor and evaluate on a regular basis (2):

• Review effectiveness of language g gassistance programs and if sufficient to meet the needs of LEP personsp

• Review complaints, if any, and explain steps taken to address themsteps taken to address them

Summary: Elements of an EffectiveLanguage Access PlanLanguage Access Plan

• Four Factor Analysis

id i ff i i• Provide appropriate staff training

• Provide notice to LEP persons• Provide notice to LEP persons

• Continuously monitor and update theContinuously monitor and update the LEP plan

Model State/Local Language Access Laws and PlansAccess Laws and Plans

• Washington DC – DC Language Access ActWashington DC DC Language Access Act (2004) & DC Language Access Coalition

www dclanguageaccess org– www.dclanguageaccess.org• City of Grace, Idaho – Limited English

Proficiency Plan:Proficiency Plan:– http://itd.idaho.gov/civil/pdf/lepsample.pdfH ii D t t f H S i• Hawaii Department of Human Services Resolution Agreement:– http://www.hhs.gov/ocr/civilrights/activities/agre

ements/hawaiiagree.html

Language Access Compliance GuidesCompliance Guides

• DOJ, Commission on Civil Rights, Office of Special Counsel, and other government agencies

– http://www.lep.gov/guidance/guidance_index.html

• ORR – State Letter #05-20

– http://www.acf.hhs.gov/programs/orr/policy/sl05-http://www.acf.hhs.gov/programs/orr/policy/sl0520.htm

Interviewing Childreng

• Children are afforded the same legal protections as adults when itlegal protections as adults when it comes to language access

• There are also educational rights for LEP students in the Justice System.y

Language Access & Linguistic Integration ResourcesIntegration Resources

• LALI: http://languageaccess.orgN LAAN–N-LAAN

–Language Access Database (MPI)Language Access Database (MPI)

–BRYCS

–RX for Diversity

–National Institute for Literacy

Interpretation and Translation ServicesServices

• Certified Languages International• Certified Languages International http://www.certifiedlanguages.com

• Catholic Charities’ Translation & InterpretationCatholic Charities Translation & Interpretation Network (Fort Worth) (TIN) http://www.tintranslation.com

• Language Line Services • www.languageline.com– 8,000 Interpreters

M di l• Medical• Social Services• Courts and more

– More than 170 Languages

Why should I work with an Interpreter?y p

• It’s the right thing to doI d t / t• Improved outcomes/customer

satisfaction• Reduction of risks• Ongoing Compliance

Who could/should I work withas an Interpreter?as an Interpreter?

F il d F i d (NO!!!!!)• Family and Friends (NO!!!!!)

• Any Available Bi-Lingual Staff (generally No)y g (g y )

• Over-the Phone Interpreter

• Over Video Interpreter

• On site Interpreter• On-site Interpreter

• Trained Bi-lingual Staff

Interpreter Resources Risk/Benefit Analysis

Bi-lingual Family or FriendsBi-lingual Family or Friends

Any Available Bi-lingual StaffAny Available Bi-lingual Staff

k

H

igh

nica

tion

Ris

k

Over-the-phone InterpreterOver-the-phone Interpreter

Over-Video InterpreterOver-Video InterpreterOn-site InterpreterOn-site Interpreter

Trained Bi-lingual StaffTrained Bi-lingual Staff

Com

mun

Over Video InterpreterOver Video Interpreter Trained Bi-lingual StaffTrained Bi-lingual Staff

Low

Low Expense High

32

What should I look for in hiring or working ith I t t ?

What should I look forin hiring or working with an Interpreter?with an Interpreter?• Interpreter Training (especially in specialty

in hiring or working with an Interpreter?p g ( p y p y

areas)• Interpreter Testing (You should test or make

sure they have been tested)sure they have been tested)• Interpreter Certification – Available for Courts,

American Sign Language and now Medical

• Difference between a Certificate and CertificationCertification

• Difference between a bi-lingual person and an interpreter

What should I expect in working with a What should I expect in working with a professional Interpreter?professional Interpreter?

• Code of Ethics

professional Interpreter?

Code of Ethics• Standards of Practice• Confidentiality• Confidentiality• Accuracy and Completeness• Impartiality – no personal opinions• No Conflicts of Interest• Professional Courtesy• Professional Development• Cultural Awareness

But How do I work with an I t t ?

But, how do I work with an Interpreter?Interpreter?

• Allow the interpreter to explain his/her role• Look at and speak directly to your clientp y y• Speak in short sentences

E t l t t h t• Expect language stretch – some sentences will take more words than in English

• Work with the interpreter to ensure that your client truly understands the issuesy y

What role will the Interpreter Play?What Role will the Interpreter Play?What role will the Interpreter Play?

• Speak in first person

y

Speak in first person• Provides interpretation “meaning for

meaning”meaning • Observer of body language• Act as clarifier• Act as cultural broker• May act as advocate as needed

Other ConsiderationsDo’s and Don’tsDo’s and Don’ts

• When to use an interpreter – Whenever you want to effectively communicate with your client

• Work with a professional interpreter as opposed to merely a bi-lingual person

• Be mindful of gender and cultural sensitivities of the client

• Be mindful of sensitivity of the discussion when choosing an interpreter – e.g. end of life di idiscussions

Questions?Questions?F f b i b t l th ld’ di it fFar from being an obstacle, the world’s diversity of languages…is a great treasure, affording us precious opportunities to recognize ourselves in othersopportunities to recognize ourselves in others . 

‐‐ Youssou N’Dour

---------------------------------Julia Alanen Esq • jalanen@cliniclegal orgJulia Alanen, Esq. jalanen@cliniclegal.orgMartin Conroy • mconroy@languageline.comD P t i i M l f l f@ li i l lDr. Patricia Maloof • pmaloof@cliniclegal.org

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