Limited English Proficiency The Department and those receiving assistance from the federal government must take reasonable steps to ensure that Limited English Proficiency (LEP) persons have meaningful access to the programs, services, and information those entities provide. This will require recipients to create solutions to address the needs of this evergrowing population of individuals for whom English is not their primary language. Who is a Limited English Proficient Person? 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 LEP. These individuals may be entitled to language assistance with respect to a particular type of service, benefit, or encounter. Examples of populations likely to include LEP persons who are served or encountered by the Department s recipients and need to be considered when planning language services include, but are not limited to: Public transportation passengers Persons served by emergency transportation response programs Persons living in areas affected or potentially affected by transportation projects Business owners who apply to participate in the Department s Disadvantaged Business Enterprise (DBE) program Who must Comply? All programs and operations of entities that receive assistance from the federal government (i.e. recipients), including: State agencies (i.e., the Department) Local agencies Private and nonprofit entities Sub-recipients (entities that receive federal funding from one of the recipients listed above) All programs and operations of the federal government 1
Four-Factor Analysis The Department has an obligation to reduce language barriers that can preclude meaningful access by LEP persons to important transportation services. The Department has assessed the following four factors: Factor One: The number or proportion of LEP persons served or likely to be encountered in the eligible service population In an effort to determine LEP persons in Ohio, the Department collected data from several sources. Available data illustrated: In 2000 1, the U.S. Census reported there were 11,353,140 people living in Ohio. Of those, the Census identified 94,655 persons (or.83%) who speak English less than well. The languages spoken were identified as: Spanish 40,149 Other Indo-European languages 32,700 Asian or Pacific Island languages 15,817 Other languages 5,989 Total 94,655 In order to determine the locations of the largest populations of individuals who speak English less than well in Ohio, a review of each county within Ohio was conducted using the above-referenced Census data. The counties with the largest populations (approximately 1%) of individuals who speak English less than well are as follows: Lorain (D-3), Franklin (D-6), Cuyahoga (D-12), and Lake (D-12). The following illustrates information related to language spoken at home for the citizen population 18 years and over who speak English less than well : Total Spanish Other Asian Pacific Other Indo- European Island Lorain 2,670 2,008 493 59 110 Franklin 14,732 5,945 2,744 4,126 1,917 Cuyahoga 20,258 5,854 10,260 2,934 1,210 Lake 2,004 1,110 707 139 48 1 Per guidance from FHWA in its LEP Desk Reference, the Department is utilizing Census data from 2000 to develop the instant plan. Once 2010 Census data is available, this plan will be updated to reflect the changing demographics of the State of Ohio. 2
Next, a comparison of the languages spoken at home to the county population was conducted. The results of that comparison are as follows: Total Spanish Lorain 264,988 2,008 0.76% Franklin 992,062 5,945 0.60% Cuyahoga 1,303,066 20,258 0.45% Lake 213,646 2,004 0.52% Total Other Indo- European Lorain 264,988 493 0.19% Franklin 992,062 2,744 0.28% Cuyahoga 1,303,066 10,260 0.79% Lake 213,646 707 0.33% Total Asian Pacific Island Lorain 264,988 59 0.02% Franklin 992,062 4,126 0.42% Cuyahoga 1,303,066 2,934 0.23% Lake 213,646 139 0.07% Total Other Lorain 264,988 110 0.04% Franklin 992,062 1,917 0.19% Cuyahoga 1,303,066 1,210 0.09% Lake 213,646 48 0.02% Based on calculations using 2000 Census data as outlined above, no significant LEP populations were apparent. It is noted, however, this information is based on 2000 Census data and will be re-evaluated when the 2010 Census data becomes available. In summary, when evaluating the number or proportion of LEP persons served or likely to be encountered in the eligible service population, no significant LEP populations are apparent. Regardless of the fact there are no significant LEP populations identified, the Department will establish procedures to reasonably provide meaningful access to LEP individuals (e.g., translators, interpreters, etc.), as requested. Factor Two: The frequency with which LEP individuals come in contact with the Department s programs, activities or services Historically, the Department has not tracked the frequency in which LEP individuals have come in contact with the Department s programs, activities or services. The Department has and will continue to provide services as needed to enable communications with the traveling public. The Title VI Coordinator/Specialist will track data as it relates to LEP individuals as data becomes available. 3
Factor Three: The nature and importance of programs, activities or services provided by the Department Division of Planning: In December 2002, the Department published its Public Involvement Guide, a living document. This document details the Department s commitment and policy regarding to foster public involvement in all of its projects. The Department welcomes everyone, regardless of age, race, color, sex, disability, or national origin (including LEP individuals), to participate in and benefit from its public involvement activities. Office of Systems Planning and Program Management, Safety Program: In order to reduce crashes and injuries and save lives, the Department partners with the Department of Public Safety, the public and local, state and federal agencies to promote safe driving behavior through public education. Office of Civil Rights: The Title VI Coordinator/Specialist will develop a procedure to produce and maintain a list of bilingual employees willing to assist the Department in communicating with our internal and external customers whenever the need arises. When interpreter or translation services are required, the procedure will be to contact the Office of Civil Rights, Title VI Coordinator. The Title VI Coordinator or support staff will refer to the list of employees who have volunteered to provide language assistance and contact the applicable employee to assist with the need. Office of Real Estate: To date, it has not been necessary to hire an outside translator to ensure effective communication with a LEP population. In the late 1990 s, there was a project in which KDOT needed to acquire Right of Way (ROW) in the Kansas City area that required Spanish translation. ROW utilized a KDOT bilingual employee from their own department. [We need to add the info about the Mandarin Chinese translation]. The KDOT ROW utilizes informational brochures which describe the rights and benefits of a person being displaced. The brochure: RELOCATION Your Rights and Benefits as a Displaced Person Under the Federal Relocation Assistance Program is available in both English and Spanish. The brochures are provided by FHWA. There have been recent changes in some the laws thus a new relocation 4
brochure has just been issued by FHWA. At this time, it has not yet been translated in Spanish. KDOT ROW staff is trained to communicate in the simplest level to those they are working with especially with persons who may be relocated or otherwise displaced. If information is needed in Spanish or other language, they will consult with FHWA, HUD and other state ROW departments to find whatever tool or service is needed. At this time, ROW has not encountered any situations that required documents in a language other than English (since the relocations ROW had encountered in Kansas City many years ago). Factor Four: The resources available to recipient and costs Utilization of existing employees to serve as interpreters and translators: With a workforce of more than 6,000 full-time employees living and working across the state of Ohio, the Department s employees are its greatest resource. The Department will poll its employees to determine who is willing to assist the Department s customers (both internal and external) whenever there is a need for communication skills outside of the English language. The Title VI Coordinator/Specialist will maintain a list of those bilingual employees willing to assist the Department in communicating with our internal and external customers whenever the need arises. Employees will be asked to provide the following information: 1. Employee s work location, including district 2. Contact information (i.e., phone number and e-mail address) 3. Other language(s) spoken proficiently, including sign language 4. Other language(s) for which the employee can translate written materials to or from 5. Employee s comfort level in using the above skills Annually, the Title VI Coordinator/Specialist will poll the Department s employees and make necessary updates to the list. Cost: Little or no cost above the normal salaries and expenses connected with employment of employees to provide the services associated with the Department s programs, services, and activities. 5
Utilization of in-house print shop to print brochures in languages other than English: Types of items printed: Various EEO and EO literature printed in the alternate languages needed. Cost: Little or no additional cost other than the standard cost of printing of the brochure, poster or document. Public Announcements translated into languages other than English: When public meetings are planned, public announcements will be published in English and in the language deemed most likely to be encountered in that community. For example, notices may be published in English and Spanish. Monitoring Data collection at the Department: 1. The Title VI Coordinator/Specialist will track usage of the Department s employees who are utilized for interpretation or translation. Information to be tracked will include: 1) office or department requesting the service; 2) what service was requested; 3) time involved; and 4) who was able to provide assistance. 2. The DTLs will report occurrences of contact with LEP individuals within their respective division or district. The following table will serve as a template for monitoring and reporting LEP activities for data collection purposes and inclusion in the Department s Title VI Annual Report. A brief description of the service provided should also be included with the table. Reported LEP Contact Division/District Frequency Activity Service provided by Department Used outside interpreter or translator This data will be included in annual LEP Plan updates. 6
Annual assessment of changes in: 1. Current LEP populations in Ohio affected or encountered. 2. Frequency of encounters with LEP language groups. 3. Nature and importance of activities to LEP persons. 4. Availability of resources, including technological advances and sources of additional resources, and the costs imposed. 5. Whether existing assistance is meeting the needs of LEP persons. 6. Whether the Department s staff knows and understands the LEP plan and how to implement it. 7. Whether identified sources for assistance are still available and viable. Complaint Procedure: 1. Individuals wishing to file an LEP complaint should use the Department s Title VI Complaint form. See Exhibit... 2. LEP complaints will be processed following the complaint procedure established for discrimination complaints. 7