NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

Language Access and Technology Reaching Limited English Proficient Clients with Technology Resources 2008 NLADA Conference Liz Keith, Pro Bono Net Tillie Lacayo, Legal Services Corporation Leah Margulies, LawHelp.org/NY / City Bar Justice Center Michael Mule, Empire Justice Center

Goals

How can technology and statewide websites help create a language access-oriented delivery system?

How can technology assist self-represented LEP users in pursuing and obtaining their language access rights?

What are considerations for reaching LEP users with technology resources?

Road Map

LEP 101 / Title VI overview

LEP Technology in Legal Aid

Spotlight on LawHelp.org/NY

Considerations for Reaching LEP Communities with Technology

Percentage of People 5 Years and Over Who Speak English Less Than 'Very Well': 2006 United States: Estimate: 8.7 Percent, Margin of Error: +/-0.1 Percent Source: U.S. Census Bureau, 2006 American Community Survey

Strong correlation between LEP rates and poverty

Two-thirds of LEP children’s incomes are below the free and reduced price school lunch threshold

California

19.4% of persons who speak Spanish at home live in poverty

Los Angeles county

Cambodians: 56% LEP, 40% poverty

Hmong: 61% LEP, 53% poverty

Overall California: 20% LEP, 14% poverty

Sources:

The Urban Institute, The New Demography of America’s Schools

Asian Pacific American Legal Center, Expanding Legal Services: Serving Limited English Proficient Asians and Pacific Islanders

How can technology help?

Assessing LEP needs

Designing user-centered services

Delivering and expanding language access services

Providing crucial resources to LEP community

Substantive legal information

Information about the legal system and language access rights

Other ways?

LEP 101 and Title VI Overview

Michael Mule

Empire Justice Center

Language Access Terms

Language access- refers to the rights of Limited English Proficient (LEP) individuals to receive meaningful access to federally funded programs, benefits, and services

LEP- individuals who do not speak English as their primary language and have a limited ability to read, speak, write, or understand English

Meaningful Access- language assistance that results in accurate, timely, and effective communication at no cost to the LEP individual

Legal Framework

Title VI of the Civil Rights Act of 1964

“ 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.” 42 U.S.C. § 2000d

National Origin Discrimination- discrimination against an individual because of the language they speak or their ancestry. Lau v. Nichols (1974)

Title VI Regulations

DOJ Title VI Implementing Regulations

“ A recipient…may not, directly or through contractual or other arrangements, utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their…national origin. 28 C.F.R. § 42.104(b)(2)

“ Where a significant number or proportion of the population … needs service or information in a language other than English in order effectively to be informed of or to participate in the program, the recipient shall take reasonable steps…to provide information in appropriate languages to such persons.” 28 C.F.R. § 42.405(d)(1)

EO 13166 and DOJ Guidance

Executive Order 13166 (2000)

Prohibits recipients of federal financial assistance from discriminating based on national origin by, among other things, failing to provide meaningful access to LEP individuals

Department of Justice (DOJ) was given the authority to provide federal agencies guidance on these obligations

DOJ Guidance

A model for other Federal agencies to draft for recipients of Federal funding (recipients)

Described the language service obligations of recipients

Revised in 2002

Four Factor Test

To determine meaningful access, the DOJ Guidance uses a four-factor analysis:

The Number or Proportion of LEP Individuals

Frequency of Contact with the Program

Nature and Importance of the Program

Resources Available

LEP and Technology in Legal Aid

Tillie Lacayo

Legal Services Corporation

LEP Concepts

Technologies that enhance legal services access

for limited English proficient populations

Radio

PSAs

Taped Q & A Programs

Live interviews

T.V. – same as radio, to the extent economically feasible

Internet

Websites, statewide legal services websites, program websites, LawHelp websites, etc.

Other: YouTube (videos), etc.

LSC Requirements and LSC Program Letter 04-2

LSC Program Letter 04-2, “ Services to Client Eligible Individuals with Limited English Proficiency ”

Provides a context and guidance for LSC-funded programs with eligible individuals in their service area who are persons with limited English proficiency.

Aims to ensure access to justice for communities of potentially eligible clients who do not speak English proficiently

What does a LEP policy include?

Assessment of Language Needs (of the client population)

Staffing

Training

Interpreters/Translators

Translation of Documents

Outreach

Oversight

LEP Plan Website-Related Issues

Translation/Interpretation Services

Obtaining competent interpretation and translation services for each of the major languages in the program’s service area

Translation of Documents

translation of all vital program documents in the LEP target languages for those groups constituting five percent of the client population

Outreach

strategies for disseminating information about the availability of bilingual staff or free interpreters/translation

revising and translating a program’s community outreach materials into appropriate languages

Guidance for prioritizing translation of website content.

1. Translated Introductory Page

Home page translation into the targeted language(s).

Providing basic information about the legal services program such as a description of the program, what services the program provides, the client population served, how to contact the program (office location(s), telephone numbers, intake access information, etc.)

If the introductory page is not the same as the home page, make certain that there is an easy way to get to the introductory page(s) in the targeted language(s).

For non-target languages, include a message that the legal services program will provide interpretation in the applicant’s language

2. A “click here for” button with a drop-down menu - A button on the home page that indicates that persons who speak the particular language should “click here” for information in a particular language. The visitor to the website is then able to go directly to website content in their native language

[CAVEAT: This should only exist for places where there is actual content in the language.]

3. Resource information concerning interpretation services available in the program’s service area for the target language group(s).

4. Community Education materials - Educational materials (brochures, etc.) in the targeted language(s) providing information in a variety of substantive law areas of interest to the client community. [Caveat: These materials should be based on the needs of and utility to the target client population.]

5. Audio files or graphics (cartoons, diagrams, etc.) – For communities with short histories of literacy

6. Video presentations – Videos in the target language(s) to reach persons of limited English proficiency who are not literate in their native language. [Caveat: If done properly and well, they can be expensive.]

7. Links – Links to other websites with relevant legal information content in other languages.

LEP Related Technology Initiative Grants (TIG) projects

The TIG Application Process:

Begins with notice from LSC requesting submission of Letter of Intent (LOI). Applicants are directed to http:// www.tig.lsc.gov for more information. LOI is submitted online.

Program’s submitting LOIs found to be promising are invited to submit a TIG application to LSC.

A review panel is convened to discuss the TIG applications submitted.

Recommendations are made to LSC’s Executive Office.

Funding decisions are made by the Executive Office.

Some TIGS funded by LSC directed toward increasing language access to the limited English proficient population:

Early TIG projects provided kiosks on Indian Reservations in AZ, NM and UT in Navajo and Hopi.

Statewide website TIGs – Many of which have non-English content

LiveHelp and LiveHelp replications – Provides on-line assistance via chat. [A TIG awarded this year to LSNYC aims to enhance LiveHelp with a special focus on the needs of Spanish speakers.]

Court collaborations are emphasized.

The TIG categories:

Website – New and continuing funding for statewide website initiatives.

Replication – For the replication of successful TIG projects. The key component of a successful application in the Replication category is the balance between effective, simplified replication and a reduced cost of implementation. Applicants should look to previous successful TIG projects and determine how they can be replicated at a substantially reduced cost from the original project.

Open Category - Designated for new, innovative ideas. For using technology in legal services. LSC will consider any idea as long as the purpose of the proposal is to expand the use of technology that integrates, manages, communicates, and otherwise improves the quality of the delivery of legal services to eligible clients