Marisa de la Paz Director, Multilingual Services Executive Office of Labor & Workforce Development

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. 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 Outline

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) 

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 13166 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. 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 Language Services Needs Assessment

6. DemographicsLimited English Proficient Population in Massachusetts 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 *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 215,660 - 3.5% Other 143,208 - 2.3% Haitian Creole 28,704 - 0.5% Vietnamese 24,741 – 0.4% Chinese 56,534 -0.9% Portuguese 84,755 - 1.4%

9. 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 Language Assistance Measures

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 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

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

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

22. Useful Tools Right to interpreter services free of charge

23. Q & A