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HomeMy WebLinkAboutC11-199 Limited English Proficiency Plan • LIMITED ENGLISH PROFICIENCY PLAN Eagle County RTA May 31, 2011 • • I. INTRODUCTION This Limited English Proficiency (LEP) Plan, for Eagle County Regional Transportation Authority has been developed in response to federal requirements included under Section 601 of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), which provides that no person 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." Federal Executive Order No. 13166, issued in August 2000 by President Clinton, "Improving Access to Services for Persons with Limited English Proficiency," was created to "... improve access to federally conducted and federally assisted programs and activities for persons who, as a result of national origin, are limited in their English proficiency (LEP)..." President Bush affirmed his commitment to Executive Order 13166 through a memorandum issued on October 25, 2001, by Assistant Attorney General for Civil Rights, Ralph F. Boyd, Jr. and Acting Assistant Attorney General, Loretta King directed a strengthening of enforcement of Title VI in a memorandum dated July 10, 2009. As a sub - recipient of funds from the Federal Transit Administration (FTA), through the Colorado Department of Transportation (CDOT), this Limited English Proficiency (LEP) Plan for Eagle County Regional Transportation Authority has been developed to ensure compliance with Federal LEP regulations. It includes an assessment of the limited English proficiency needs of our area, an explanation of the steps we are currently taking to address these needs, and the steps we plan to take in the future to ensure meaningful access to our transit programs by persons with limited English proficiency. II. LIMITED ENGLISH PROFICIENCY NEEDS OF AREA The Four-Factor Analysis developed by the FTA requires that information be included in LEP Plans regarding the number and percentage of LEP persons in our area, and the nature, frequency and importance of the contact we have, with 1 nfl 1-1,11 T • • LEP ersons, in providing transit services. Each of these elements is addressed belo . Number and Percentage of LEP Persons in Our Area Permanent Population U.S. Census Data The .S. Census provides information to assist in estimating the number of limit d English speakers in the permanent population. While the 2010 Census will prov de up -to -date data, that information is not yet available. For small urban area and rural counties, the best data available is from the U.S. Census 2000. Tabl 1 presents information for Eagle and Lake Counties on Language Spoken at H me by Ability to Speak English, based on the year 2000 Census. TABLE 1 - Individuals Speaking English "Not Well" or "Not at All" f Eagle County Lake County Data Category # . 1 % 1 # 1 % Tota Population (5 years old & older) 38,770 100% 7,199 100% P'ulaton Speaking English "Not Well" or "NotatAll" 3,134 8.1% 837 11.6% P ulaton Speaking English '' of Well" or "Not at All" Spanish 2,954 94% 825 99% Other Indo- European 161 5% 12 1% Asian and Pacific Islander 19 1% 0 0% Other 0 0% 0 0% Total 3,134 100% 837 100% Source: U.S. Census 2000, population 5 years old and older, speaking another lamguage in the he home, who speak English "Not well" or "Not at Alll." As the table shows, there were significant numbers and percentages of the permanent population of both counties, in the year 2000, who had difficulty speaking English: 3,134, 8.1% of the population of Eagle County, and 837, 11.6 /o of all persons age 5 and over in Lake County. By large percentages, 94- 99°/d, most of those were Spanish speakers. 2 • • School District and Other Local Data U.S. Census data indicates a significant need to respond to individuals in the permanent population of our service area who have difficulty with English. Those who do have difficulty are almost exclusively Spanish speakers. From 2009/2010 Eagle County School District enrollment data, 42.7% of Eagle County School District students come from a "Language Background" that is Spanish. From winter 2007 ECRTA survey data, 55% of riders are Hispanic. We are committed to monitoring LEP needs among the permanent population over time. Visitors There may be a potential need for special services for LEP individuals in our visitor population. As a year round resort community, Eagle County attracts individuals from all over the world. We are therefore sensitive to. LEP needs among visitors to our area. Based on 2007 winter survey data, 31% of ECRTA riders are visitors, 8% of those visitors, Hispanic. Summary Given the substantial number of persons who have difficulty speaking English in the permanent population of our area, as well as the resort nature of our area, and the potential for significant numbers of our visitor population who may have Limited English Proficiency needs, we are committed to addressing the LEP needs of the persons we serve, residents and visitors. Nature, Frequency and Importance of LEP Contact The nature and importance of LEP contact is high for public transit services. ECRTA employees have daily contact with Spanish speaking individuals. Therefore, strategies to address this need have been developed and will continually be reviewed, and improved where needed. III. CURRENT LEP EFFORTS Due to the fact that substantial numbers of the permanent population of our area have difficulty speaking English, and the fact that we have high numbers of visitors coming to our area, as a public transit provider we are committed to addressing the on -going need to service LEP individuals. Therefore, in recent years we have undertaken the following efforts: Rider Alerts, in -bus signage, and 3 1 • all ri er forms and communications are both available in English and Spanish and driv rs are trained in basic Spanish transit - related communications. Translators are vailable for Spanish and Russian communications with transit staff. An LEP plan was adopted in September of 2010 by the Eagle County Regional Tran portation Authority Board and the Eagle County Board of County Com issioners. IV. PLANS FOR THE FUTURE LEP EFFORTS Given the current and potential future need to respond to individuals with Limited English Proficiency our LEP Plan includes the elements identified below. Ideitifying LEP Persons Who Need Language Assistance In order to identify potential future LEP needs with respect to our transit service we will undertake the following: • Review Census updates as they become available; • I Periodically review perceived LEP needs with drivers and other first -line staff; •I Make periodic contacts with school districts and other community agencies that may know of LEP persons or groups; • Review ECRTA surveys as they occur. Language Assistance Measures As t e need arises, we will consider the following to respond to LEP needs: � � 9 p .I Provide all information on the ECRTA website in Spanish, including all forms; • Partner with Colorado Mountain College staff for translations of documents; •I Obtain copies of CDOT's "I Speak Cards" to have on hand if needed; .I Develop Spanish versions of marketing materials, customer complaint forms, public notices, and related information, as appropriate; • Hire Spanish- speaking customer service staff and /or drivers; • Obtain copies of CDOT's "Basic Spanish for Transit Employees" and distribute to drivers and customer service staff, as appropriate; • Become familiar with web -based AltaVista Babel Fish for phrase translation into or from multiple languages; •1 Become familiar with Language Line Services at http: / /www.languageline.com; 4 • s • Identify other community resources such as agencies serving LEP persons which may have resources to share. Staff Training Similarly, as the need arises, we well consider the following staff training topics: • Federal LEP requirements, LEP Plan and Title VI; • Documenting language assistance requests; • Use of any of the language assistance measures as described above. Outreach Efforts Similarly, as the need arises, we well consider the following staff training topics: • Identify agencies in our area that may serve LEP populations; • Provide information on your services to them, as appropriate; • Provide opportunities for LEP participation at public meetings, through advertising and conduct of meetings, as appropriate. Monitoring and Updating Plan We will monitor and update this plan every 2 -3 years, as needed. This will include: • Reviewing our LEP Plan with staff and make adjustments, as needed; • Paying particular attention to demographic changes in Eagle and Lake Counties and to any LEP- related complaints we receive. Disseminating Our LEP Plan • Have copies of our plan available to give to agencies serving LEP populations in our area and or for individual requests; • Post our plan on www.eaglecounty.us; • Adoption by ECRTA Board and Eagle County Board of County Commissioners 5 • • APP NDIX A U.S. ENSUS DATA SOURCES The .S. Census provides two good sources for estimating the number of limited English spea ers by various geographic areas (counties, urban areas, places, etc.). The year 2000 Census has the most complete data in terms of areas covered. Updates are also provi ed for cities over 60,000 population (2008 updates) and for cities over 20,000 popu ation (2006 to 2008 updates). Beginning October 2010 data will be updated annu Ily for all geographic areas. Year 2000 Census Data Data from the 2000 Census is available for a variety of geographic areas (counties, urbarh areas, places, etc.). To access 2000 census data go to the U.S. Census web site at <httt: / /www.census.gov> and follow these steps: Select "American FactFinder "(on left) Select "Data sets" and choose "Decennial Census ". Select "Census 2000 Summary File 3 (SF3) Sample Data" and choose "Detailed Tables ". Click on the geography drop down box and choose "County" (or "Urban Area," "Place" or some other geographic area listed). If you're looking for data by county, select the state of your choice and the county of your choice and then enter "Add" and "Next" or "Show Result ". Click on "by keyword" and type in "Language" and then choose "Search." Wait for the data to be retrieved, then click on the desired table and then "Add" and "Show Results." Table P19 is titled "Age by Language Spoken at Home by Ability to Speak English for the Population 5 Years and Over." It identifies, by age group and language group, the number of individuals who speak English "very well," "well," `not well" and "not at all" in the geographic area you have selected. Census Updates For 1 08 estimates (available for cities over 60,000 population) and for 2006 -2008 esti ates (available for cities over 20,000 population), go to www.census.gov. Then after going to American FactFinder, select "American Community Survey" as the data et. Then work your way through the choices in the same manner as for the year 20001 data set. For additional information, contact either: 1) the U.S Census, Information Res urces and Dissemination Branch, Data Integration Division, U.S. Census Bure u, 301 - 763 -2422 or toll free 1- 866 - 758 -1060 (on ask a question on -line and you ill get a response in a day or two), or 2) the Colorado Demographers Office, Colorado Department of Local Affairs, 303 - 866 -2156. 6 • • LIMITED ENGLISH PROFICIENCY (LEP) POLICY It is the policy of Eagle County Regional Transportation Authority to ensure that our programs and activities, normally provided in English, are accessible to Limited English Proficiency (LEP) persons and thus do not discriminate on the basis of national origin in violation of the Title VI prohibition against national origin discrimination. The Eagle County Regional Transportation Authority will, to the maximum extent feasible in its official deliberations and communications, community outreach and related notifications, provide appropriate alternative non - English formats for persons with LEP to access information and services provided. Background Executive Order No. 13166, "Improving Access to Services for Persons with Limited English Proficiency," was created to "... improve access to federally conducted and federally assisted programs and activities for persons who, as a result of national origin, are limited in their English proficiency (LEP)..." President Bush affirmed his commitment to Executive Order 13166 through a memorandum issued on October 25, 2001, by Assistant Attorney General for Civil Rights, Ralph F. Boyd, Jr. Federal agencies were directed to provide guidance and technical assistance to recipients of Federal funds as to how they can provide meaningful access to limited English proficient users of Federal programs. In addition, Federal agencies were told to look at how they served people who were limited in their English proficiency and to see what measures they could take in their direct contacts with LEP individuals that would increase meaningful access. In addition, a Federal Interagency Workgroup on Limited English Proficiency (Workgroup) was formed to coordinate guidance and technical assistance effort throughout the Federal Government in support of EO 13166. One of the Workgroup's first accomplishments was the creation of a Federal web site (http: / /www.lep.gov). The site is a work in progress and is designed to be a one -stop referral shop for recipients, Federal agencies and communities in the quest for LEP information and technical assistance. It is through the coordinated efforts of the Workgroup that this planning and self- assessment tool has been created. Title VI The basis for EO 13166 is Section 601 of Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, (hereinafter Title VI), which 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." Section 602 authorizes and directs federal agencies that are empowered to extend federal financial assistance to any program or activity "to effectuate the provisions of [section 601] * * * by issuing rules, regulations, or orders of general applicability." 42 U.S.C. 2000d -1. The Supreme Court, in Lau v. Nichols, 414 U.S. 563 (1974), affirmed then Department of Health, Education, and Welfare (HEW) policy (in line with HEW's Title VI regulation which is similar to that of DOJ, 45 CFR 80.3(b)(2)), stating that a recipient's failure to ensure meaningful opportunity to national origin minority, limited - English proficient persons to participate in the Federally funded program violates Title VI and Title VI regulations. In the Lau case, a San Francisco school district that had a significant number of non - English speaking students of Chinese origin was required to take reasonable affirmative steps to provide them with a meaningful opportunity to participate in the federally funded education program. The requirement to provide meaningful access under Title VI applies beyond the education context to include all of the programs and activities of all recipients of federal financial assistance. • ICI