ABA National Institute on Use and Integration of
Interpreters in Civil Representation of Victims of Domestic
Violence, Sexual Assault, and Stalking
Gillian Dutton
Northwest Justice Project
Seattle, Washington
How to Effectively Establish Language
Access at Your Organization
Topics




History in Washington State
Demographics
Legal Requirements to Provide Services
Interpretation/Translation Issues
•
•
•
•
Bilingual Staff
Interpreters
Translation of Documents
Training
• Outreach and Advocacy
• LEP Systems
History of Legal Services Work on
LEP Issues






Office for Civil Rights Complaints
Reyes Consent Decree
Interpreter Certification
Court Interpreter Requirements
Refugee and Immigrant Advocacy Project
Washington State Coalition for Language Access
5 Steps
1.
2.
3.
4.
5.
Determine language need
Train staff on legal requirements and how to
work with interpreters
Establish systems: bilingual staff, interpreters,
telephonic contract
Establish systems for translation (documents,
publications etc.)
Monitor and improve
Step 1




Determine language need
Census data
www.mla.org
School district data
Client data
Demographics: Immigrant Population in
Washington State
90% of recent immigrants coming from non-English
speaking countries
Over 631,500 immigrants in Washington State (2005)
10.3% of the state population (2005)
Immigrant pop.
7%
22%
46%
13%
11%
Age
(1999)
0 to 17
18 to 24
25 to 44
45 to 64
65+
School District Statistics (2002)






181 Languages spoken statewide
62% Spanish speaking
Additional 24% concentrated in seven other
languages
Seven other languages spoken by at least 1000
students (Russian, Ukrainian, Vietnamese,
Korean, Cambodian, Somali and Tagalog)
21 districts served over 1000 LEP students
22 districts had at least 25% LEP students
Plan for change . . .
Steady growth of Spanish speaking residents
Bosnian, Somali (and other East African
languages) and Ukrainian are growing
Vietnamese, Cambodian and Lao continue to
decline
Spread of multiple languages out of western
part of the state, e.g. Spokane, Richland, Central
Kitsap, Kennewick serve more than 20
languages
Avoid assumptions





Cape Flattery school district has 178 Makah speaking
students
Central Kitsap has Finnish, Arabic, and Gujarati among
its 20 languages
Colville has 22 Russian speakers in its schools, Moses
Lake 2 Swahili speakers
Kennewick has Mandingo, Yoruba and Kakwa among
its 20 languages
Longview has Thai, Tongan and Gujarati among its 16
languages
NATIONAL DEMOGRAPHIC
IMPERATIVES
Foreign Born Portion of Population
(US)
16%
14%
12%
10%
8%
6%
4%
2%
0%
1900 1910 1920 1930 1940 1950 1960 1970 1980 1990 2000
Census Year
LATINO POPULATION GROWTH (US)
120
COUNT (millions)
100
80
60
40
20
0
1970
1980
1990
2000
2010 2020
YEAR
2030
2040
2050
ASIAN POPULATION GROWTH (US)
40
35
COUNT (millions)
30
25
20
15
10
5
0
1950 1960 1970 1980 1990 2000 2010 2020 2030 2040 2050
YEAR
Limited English Proficient
Clients
21 million LEP’s (2000 census)
 8+% of population
 50% increase from 1990
 Sharp growth in non-traditional states and
localities

Step 2


Train staff on legal requirements and
how to work with interpreters
www.lep.gov
Use in advocacy (government agencies,
courts, etc)
Definition of LEP


Persons who do not speak English as their
primary language and who have a limited ability
to read, speak, write or understand English can
be limited English proficient, or “LEP.”
Because of language and cultural differences,
LEP individuals are often delayed or denied
equal access to and participation in policies,
programs, services, and benefits
ABA Standard of Practice 1.7 for
LEP Clients

Comprehensive Language Access Plan

Provide services in LEP client’s primary
language
Standard 1.7 Bases

Demographic imperatives

Funding requirements


LSC Guidance

Title VI
Ethical issues
Review of the Law: TITLE VI and
Executive Order 13166

Under DOJ regulations implementing Title
VI of the Civil Rights Act of 1964, 42 U.S.C.
2000d, et seq. (Title VI), recipients of Federal
financial assistance have a responsibility
to ensure meaningful access to their programs
and activities by persons with limited English
proficiency (LEP). See 28 CFR 42.104(b)(2).
Title VI and the Executive Order
(CONT’D)

Section 601 of Title VI of the Civil Rights Act of 1964,
42 U.S.C. 2000d, 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.''
Title VI and the Executive Order
(CONT’D)

Department of Justice regulations forbid
recipients from ``utilizing criteria or methods
of administration which have the effect of
subjecting individuals to discrimination because
of their race, color, or national origin…” 28
CFR 42.104(b)(2).
Title VI and the Executive Order
(CONT’D)

WHO IS COVERED?
Law requires all recipients of Federal financial
assistance from DOJ to provide meaningful
access to LEP persons.
Executive Order 13166 signed August 11, 2000
extended requirements to federal agencies
FACTORS TO DETERMINE COMPLIANCE:

The number or proportion of non-English speakers served or
encountered in the eligible service population

The frequency with which non-English speakers come into
contact with the program

The importance of the benefit, service, or information to nonEnglish speakers

The resources available to the recipient and the costs of service
COMPLIANCE TOOLS

Developing a Comprehensive Written Policy

Determining and Tracking Language Needs

Training and Competency Protocols

Monitoring and Evaluating Language Needs
Step 3
Establish systems:




Notification to clients of services
Bilingual staff
Interpreters
Telephonic contract
Factors to consider
1.
2.
3.
4.
5.
6.
7.
Staff lack of understanding of language skills
Ignorance of interpreter role
Systems for tracking, requesting and reimbursing
Interpreter quality and confidentiality
Technology (hotline, 3 way call/speaker phone)
Need for assessment of staff skills
Adequate access to interpreter resources
Step 4




Establish systems for translation
Client File Documents (retainer, release, etc.)
Letters and Legal Documents
Advice and Self-Help Publications
Outreach Materials
Factors to consider
1.
2.
3.
4.
5.
Efficiency of translation
Accuracy of translation (dialects, regions)
Brochures versus advice letters, legal
documents
Plans for additional materials
System for updating and editing translated
materials
Step 5
Monitor and Improve
Factors to consider






Increase in LEP clients served
Increase in bilingual staff
Cultural competence
Incorporation into training
Development of materials and manuals
Development of additional resources
Descargar

Strategies for Overcoming Barriers Faced by Limited