YOU ARE DOWNLOADING DOCUMENT

Please tick the box to continue:

Transcript
Page 1: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

1

Language Access and TechnologyReaching Limited English Proficient Clients with Technology Resources2008 NLADA Conference

Liz Keith, Pro Bono NetTillie Lacayo, Legal Services CorporationLeah Margulies, LawHelp.org/NY / City Bar Justice CenterMichael Mule, Empire Justice Center

Page 2: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

2

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?

Page 3: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

3

Road Map

LEP 101 / Title VI overview LEP Technology in Legal Aid Spotlight on LawHelp.org/NY Considerations for Reaching LEP

Communities with Technology

Page 4: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

4

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

Page 5: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

5

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

Page 6: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

6

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?

Page 7: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

7

LEP 101 and Title VI OverviewMichael Mule

Empire Justice Center

Page 8: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

8

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

8

Page 9: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

99

Legal Frameworko 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

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

Page 10: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

10

Title VI RegulationsDOJ 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)

10

Page 11: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

11

EO 13166 and DOJ Guidanceo Executive Order 13166 (2000)

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

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

o DOJ Guidance o A model for other Federal agencies to draft for recipients of

Federal funding (recipients)o Described the language service obligations of recipients o Revised in 2002

11

Page 12: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

12

Four Factor Testo To determine meaningful access, the DOJ

Guidance uses a four-factor analysis:

1. The Number or Proportion of LEP Individuals

2. Frequency of Contact with the Program

3. Nature and Importance of the Program

4. Resources Available

12

Page 13: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

13

LEP and Technology in Legal Aid Tillie Lacayo

Legal Services Corporation

Page 14: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

14

LEP ConceptsTechnologies that enhance legal services accessfor 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.

Page 15: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

15

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

Page 16: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

16

What does a LEP policy include? Assessment of Language Needs (of the

client population) Staffing Training Interpreters/Translators Translation of Documents Outreach Oversight

Page 17: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

17

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

Page 18: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

18

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

Page 19: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

19

Guidance for prioritizing translation of website content.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.]

Page 20: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

20

Guidance for prioritizing translation of website content.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.]

Page 21: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

21

Guidance for prioritizing translation of website content.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.

Page 22: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

22

LEP Related Technology Initiative Grants (TIG) projectsThe 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.

Page 23: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

23

LEP Related Technology Initiative Grants (TIG) projects 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.]

Page 24: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

24

LEP Related Technology Initiative Grants (TIG) projects 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

Page 25: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

25

Spotlight on LawHelp.org/NYLeah Margulies

LawHelp.org/NY / City Bar Justice Center

Page 26: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

26

Page 27: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

27

The LiveHelp Concept

Provides virtual, live assistance for Web site visitors

Helps visitors find information and referrals

“Navigators” can be located anywhere

Help requests can be routed by language, substantive area or other need

Page 28: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

28

Page 29: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

29

Page 30: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

30

Page 31: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

31

Page 32: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

32

Other technologies to watch

Interactive Forms A2J

NPADO Spanish interface

Idaho – Formas Interactivas

Page 33: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

33

Other technologies to watch

Video conferencing Multimedia content (audio and video) Cell phones Intake hotlines and phone menus Others?

Page 34: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

34

Considerations for reaching LEP communities Online resources should not exist in isolation

as a delivery system Will most benefit the target community when

they are supported and promoted by an access-oriented delivery system

Cultivate broad partnership networks - Self-help centers - Health clinics- Law libraries - Law schools- Social service providers - Local media outlets

Page 35: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

35

Resources www.lep.gov

Empire Justice Center Language Access Resource Center (LARC)http://onlineresources.wnylc.net/pb/orcdocs/language_access.asp

N-LAAN – probono.net/nlaan

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

SelfHelpSupport.org LEP resourceshttp://www.selfhelpsupport.org/link.cfm?11244

Page 36: NLADA 2008: Language Access and Technology: Reaching Limited English Proficient Clients with Technology Resources

36

Resources

Serving Non-English Speakers in the Virginia Court Systemhttp://www.courts.state.va.us/interpreters/guidelines.pdf

NCSC LEP Resource Guide Limited English Proficiency Guide (LEP) Resource Guide

www.healthlaw.org – National Health Law Program library contains materials related to language access and health care


Related Documents