MassDOT Language Access Plan: FTA Compliance Review Update. MassDOT Subrecipients Funded Under 5310, 5311, 5316, and 5317

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1 MassDOT Subrecipients Funded Under 5310, 5311, 5316, and 5317 MassDOT also used the Massachusetts Department of Education data to look at the languages most commonly spoken in the service areas for the three rural RTAs, which are subrecipients of 5311 funding through MassDOT: Franklin (FRTA), Martha s Vineyard (VTA) and Nantucket (NRTA). None of the municipalities served by any of these RTAs has a sufficient LEP population to meet the safe harbor thresholds for any language. In addition, if the LEP populations are summed by language across all municipalities in each of the RTAs, none of the languages meets the LEP safe harbor threshold for the respective RTA service areas. There are no census tracts in the service areas for each of the three rural RTAs in which 5% or more of the population is LEP. Figure 11 shows the RTA boundaries and the locations of LEP populations. Figures 5 through 9 indicate that there are not 1,000 or more speakers of any non- English language in any of the service areas of those three RTAs. Although MassDOT has not yet done so, the agency will use the data presented above to determine the location of LEP populations and languages for the areas in which service is provided by other subrecipient entities of 5310, 5311, 5316, and 5317 funding. In addition, MassDOT is currently developing a Web application that will allow all subrecipients to determine the minority, low-income, and LEP populations in their service areas. QUALITATIVE ANALYSIS TECHNIQUES In addition to the quantitative analyses discussed above, MassDOT will continue to refine its understanding of the locations of LEP populations through qualitative analyses. To do so, MassDOT will work with community-based organizations (CBOs), as well as state legislators and other government entities or interested parties, to identify LEP populations that may need translation services for specific programs or activities. MassDOT will conduct outreach to CBOs that work with LEP populations, such as neighborhood community service centers, community development corporations, and ethnic/cultural organizations. These organizations may be able to provide information that is not included in the census or state and local resources, such as the existence of pockets of the LEP populations relative to specific projects or public participation efforts, population trends, and what services are most frequently sought by the LEP population. This outreach may be conducted through surveys, focus groups, or individual interviews. MassDOT, through its Office of Transportation Planning, has recently compiled a comprehensive list of approximately 3,000 stakeholders, CBOs, and other organizations, which has been uploaded to a Constant Contact data base for coordination and ease of use. The Title VI Specialist and/or the Federal Program Manager will prioritize this list for the purposes of LEP outreach and will contact relevant organizations to explain MassDOT s objectives and request information about the population they serve. This information will include feedback from the organization on the size of the population it serves; the needs of the population with respect to MassDOT s mission; which programs, activities, and services are most beneficial; whether they are aware of the types of language assistance MassDOT provides; what, if any, additional language assistance measures would be most beneficial; any demographic trends within the population; and techniques to effectively engage the population. 29

2 Factor 2: The Frequency of Contact The greater the frequency with which LEP individuals from different language groups come into contact with MassDOT programs, activities, or services, the more likely it is that enhanced language services will be needed. ANALYSIS METHODS USED FOR FREQUENCY OF CONTACT MassDOT Statewide MassDOT has conducted an agencywide survey of its employees, to determine the frequency of their contacts with LEP individuals. Two separate surveys were developed: one for functional area heads and another for front-line employees. 5 The survey instruments can be found in Appendix A. Through the surveys, MassDOT identified the following: The number of employees (by job function) who regularly come into contact with LEP individuals The frequency with which contact occurs The languages encountered (if identifiable) How employees currently communicate with LEP individuals Suggested steps that MassDOT could take to facilitate communication with LEP persons Vital documents that may need to be translated Survey results regarding the frequency of contact for MassDOT employees agencywide are summarized in Table 5, below. The surveys for front-line employees listed Spanish, Portuguese, Chinese, Haitian Creole, and All other languages specifically, and provided spaces for employees to write in other languages. For each language option, employees were asked to check the frequency of contact options listed in Table 5. The survey results are consistent with the first factor in the four-factor analysis the number and proportion of LEP persons shown in Figures 2 through 9 and Tables 2 and 3. 5 Most of the functional areas surveyed are within the Highway Division; however, the Rail and Transit Division, the Office of Transportation Planning, the Office of Civil Rights, the Legal Department, and the Legislative and Community Affairs Division were also surveyed. The data on the frequency of contact in Table 5 represent all surveys returned to date, including those from employees in the Highway Division. 30

3 TABLE 5 Frequency of Contact of MassDOT Employees with LEP Individuals Most Days Weekly Monthly Yearly Total Never Spanish Portuguese Chinese Haitian Creole *All Other Languages **Write-in Languages Total *This includes all responses to an all other languages option on the survey. **The survey provided spaces for other languages to be identified individually. The data in this row of the table report the sum of the 16 languages that were reported. Appendix A also includes summaries of the responses to the survey questions relating to how MassDOT employees currently communicate with LEP individuals and suggested steps that MassDOT could take to facilitate communication with LEP persons. These summaries provide valuable information that can be used by the Title VI Specialist when evaluating language assistance measures to implement. MassDOT Subrecipients: MPOs MassDOT will not conduct a survey of each MPO, as each MPO is responsible for developing its own LAP. However, the MassDOT Title VI Specialist is working with the MPOs to ensure that they are taking steps to determine the frequency of contact of MPO employees with LEP individuals with respect to their programs services and activities, and that they are developing and implementing plans for meeting all LEP requirements under Title VI. MassDOT Subrecipients Funded Under 5310, 5311, 5316, and 5317 Surveys were conducted for the three rural RTAs, which are subrecipients of 5311 funding through MassDOT. Two separate surveys were also developed for the RTAs: one for RTA administrators and another for RTA bus operators (both surveys are in Appendix B). These surveys were developed to determine which employees regularly come into contact with LEP individuals, the frequency with which the contact occurs, the languages encountered (if identifiable), suggested steps that the RTA could take to facilitate communication with LEP persons, and vital documents that may need to be translated. The results of the RTA bus-operator surveys for FRTA and VTA are summarized in Table 6, below. These surveys differed somewhat from the MassDOT-employee surveys, as respondents were asked to indicate the frequency of contact with LEP individuals across all languages and then to list the languages that they could identify. Because NRTA provides service only in the 31

4 summer, surveys could not be completed in time to include the results in this Plan. Therefore, the NRTA Administrator completed the survey for the bus operators to the best of her ability. TABLE 6 Frequency of Contact by FRTA and VTA Bus Operators with LEP Individuals 6 Most Days Weekly Monthly Yearly Never FRTA VTA Total For FRTA, Spanish and Russian were the first and second most frequently encountered languages, respectively. For VTA, Portuguese and Spanish were the first and second most frequently encountered languages, respectively. NRTA identified Spanish and Portuguese as the two most frequently encountered languages. Appendix B also includes summaries of the responses to the survey questions relating to how RTA bus operators currently communicate with LEP individuals and suggested steps that the RTAs could take to facilitate communication with LEP persons. These summaries provide valuable information that the MassDOT Title VI Specialist will share with the RTAs to provide guidance on possible steps they could take to better serve LEP populations. Over time, the MassDOT Title VI Specialist will conduct surveys of all other subrecipients that provide services, activities, or programs that are funded under 5310, 5311, 5316, and 5317 to determine the specific frequency of contact with LEP populations for each subrecipient. FREQUENCY OF CONTACT CONCLUSIONS Based on the frequency of contact analyses of MassDOT and its subrecipients, the most commonly encountered languages spoken by LEP individuals who come into contact with MassDOT and its subrecipients are Spanish, Portuguese, Chinese, and Haitian Creole. Although Vietnamese is one of the top five LEP languages statewide, it has not been identified through the employee surveys has having a high incidence of contact. This may be because surveys have not yet been returned from employees who work in the locations where concentrations of Vietnamese speakers are found. It could also be because Vietnamese was not one of the languages specifically listed on the survey form or because the employees surveyed may not be able to distinguish Vietnamese from other Asian languages. In general, the incidence of contact varies by program and by location. Based on the results of analysis to date, MassDOT will consider translating all vital information into Spanish, which has the largest LEP population, broadest geographic distribution, and highest 6 Out of 25 FRTA bus operators, 17 completed the survey, and out of 87 VTA bus operators, 17 completed the survey. 32

5 frequency of contact statewide. The decision to translate vital information into other languages will be made on the basis of location and cost. Because none of the three rural RTAs have LEP populations that meet the safe harbor threshold, they are not required to create Language Access Plans. However, if they would like assistance or advice from MassDOT regarding strategies that they could implement to provide language assistance, the Title VI Specialist will work with them to determine the best strategies to adopt. Factor 3: The Importance to LEP Persons of MassDOT Programs, Activities, and Services The more important the activity, information, service, or program, or the greater the possible consequences of the contact with the LEP individuals, the more likely it is that language services are needed. Importance is based on whether denial or delay of access to services or information could have serious or even life-threatening implications for the LEP individual. IDENTIFYING PROGRAMS, ACTIVITIES, AND SERVICES MassDOT Programs, Activities, and Services Within MassDOT, there are various programs, activities, and services that are of importance to LEP individuals. Although there are many activities within MassDOT that the public, in general, and LEP individuals in particular, would have a low likelihood of encountering, others are of critical importance. With regard to transit services, the programs with the highest importance for LEP individuals are statewide planning and the programs administered by the Rail and Transit Division. However, activities in many other areas of MassDOT are also important for LEP individuals. These include programs, services, and activities provided by the Office of Civil Rights, the Legal Department, and the Legislative and Community Affairs Division. MassDOT is using the results of the survey for functional area heads as a first step toward identifying documents that may need to be translated. The Title VI Specialist and the Working Group are using this list to identify which documents are vital and to prioritize vital (and any identified non-vital) documents for translation. Because the number of documents is large and resources are limited, MassDOT will develop a phased schedule for implementing translations that first focuses on the most vital documents. As part of this effort, MassDOT has incorporated Google Translate onto its website, along with similar translation tools, which may be used to translate documents into multiple languages, including most of those identified as meeting the safe harbor threshold. While this is not a perfect translation tool, it provides a state of the art resource which provides a level of accuracy in translating documents for the public. The preliminary survey results identified the following documents for consideration for translation by areas and departments within MassDOT 7 : 7 It should be noted that some of these documents are particularly large, such as the civil rights program documents, including the Affirmative Action Plan, DBE Program and related documents and the Title VI Program, thus MassDOT will rely on Google Translate at the outset and revisit whether translation is feasible prospectively, based on such factors as public demand and the nature of any complaints received. 33

6 Civil Rights o Affirmative Action Plan and relevant policies and brochures o Diversity Plan o Title VI Plan, including the notice to beneficiaries of civil rights, the civil rights complaint procedures and forms, and the Language Access Plan o MassDOT s Disadvantaged Business Enterprises (DBE) Program, including the Contract Compliance Manual, DBE goal and goal-setting information, On-the-Job Training Program, and Unified Certification Program procedure elements o The Americans with Disabilities Act (ADA) Transition Plan and related public information o Complaint forms for each program Legal o Public records request documents o Standard tort claim letter o Address confidentiality program letter Legislative and Community Affairs Division o Meeting notices o Newspaper advertisements o Project-related informational fact sheets o Signage (for meetings and events) Office of Transportation Planning o Meeting announcements and meeting materials o Data request applications o Educational tools, brochures, and programs Rail and Transit Division o Programs funded through 5310, 5311, 5316, and 5317 Meeting announcements and meeting materials Project brochures o South Coast Rail Project Project updates Meetings notices Quarterly project fact sheets Project website Right-of-Way (Highway Division) o Notice of taking o Notice to vacate o Property interview record o Negotiation report o Just compensation report o Various types of correspondence used to initiate contact/conversation 34

7 State Construction (Highway Division) o Right-of-entry forms o Construction documents to support notices and rights-of-entry o Field notices Immediate attention will be given to translating the Notice to Beneficiaries, the Complaint Procedures, and the Complaint Form. The MassDOT Title VI Specialist, in collaboration with the Title VI Working Group and the Title VI Liaisons, will continue to identify vital documents and evaluate the importance of each MassDOT program, activity, and service in terms of whether or not language assistance is necessary. For all public participation efforts, MassDOT will look at the results of Factors 1 and 2 above to help determine the areas where public outreach should be targeted and the languages into which flyers, other announcements, and meeting materials should be translated. Factors 1 and 2 will also be used to determine the meeting locations at which language interpreters may be needed and for what languages. MassDOT Subrecipient Programs, Activities, and Services: MPOs Each MPO is required to produce three documents: the Long-Range Transportation Plan (LRTP), the Transportation Improvement Program (TIP), and the Unified Planning Work Program (UPWP). The LRTP defines the vision of the transportation system in the region for 20 years into the future, identifies needed transportation programs and projects, and allocates projected revenue to those needs. The LRTP also guides development of the TIP, which is the short-range program of transportation improvements expected to be funded and implemented over a four-year period. The UPWP describes all of the regionally significant surfacetransportation planning projects expected to be undertaken in the region in a federal fiscal year and lists the funding source or sources (federal, state, and/or local) for each planning project. As each of these documents is produced, MPOs conduct extensive public outreach to determine which meeting notices and materials need to have a written translation. In addition, oral translation services are sometimes needed at meetings. Each MPO should indicate in its own LAP which materials are translated. MassDOT Subrecipient Programs, Activities, and Services Funded Under 5310, 5311, 5316, and 5317 Although none of the three rural RTAs that are subrecipients of MassDOT serve LEP populations that meet the safe harbor thresholds, the surveys of bus operators indicated that LEP individuals sometimes use bus service. As the survey responses in Appendix B show, the translation of simple signage into Spanish and perhaps Portuguese and international symbols could be beneficial. CONCLUSIONS REGARDING THE IMPORTANCE OF PROGRAMS, ACTIVITIES, AND SERVICES 35

8 In general, the documents considered vital are those related to the explanation of civil rights and associated complaint procedures and certain legal correspondence. Also considered vital are public process activities, which makes it important to translate related materials such as meeting notices and materials, project updates, and informational brochures. Website information is also an important avenue for obtaining general and specific information about transportation decision making. For subrecipients such as RTAs, signage that informs the public regarding how to use the service is considered important. MassDOT will upload these types of documents to it website to be accessed by our subrecipients, and provide notice when these materials are available and/or updated. Factor 4: The Resources Available to MassDOT and the Costs of Providing Language Assistance The level of resources and the costs imposed by providing language assistance may have an impact on the extent to which meaningful access can be provided for LEP persons. RESOURCES AVAILABLE The Title VI Specialist will explore through the title VI Working Group the potential for identifying bilingual staff who could be used on a casual basis or trained for more substantive translation tasks, including with respect to ADA related interpretation. For formal translation services, both written and oral, MassDOT will consider collaboration with other agencies and/or community organizations. For example, the MBTA has an existing contract with a language assistance firm to provide professional oral, written, and phone translation services. MassDOT has also selected Google Translate to translate the information on our webpages into various languages. In those instances where a web translation could pose a risk of unclear information on critical documents, such as notice and complaint forms, MassDOT will secure professional translation services for these vital documents. COSTS The Title VI Specialist has gathered information about the state s procurement process for engaging the services of translation services with which the state currently has contracts. The state s procurement website provides contact information for each vendor and links to the website for each so that employees can determine the types of services offered and the associated costs. In addition, MassDOT has a relationship with UMass Boston Translation Services. Appendix C lists the types of translation services UMass provides and the cost of each. This information is included as an example of the possible expenses associated with translation services; however, the services and costs vary by vendor. MassDOT has identified the documents that we plan to translate, and are conducting outreach into the public to determine whether there are other documents beyond these that the public would like to see translated. With this data, MassDOT s Budget and the Secretary s office will 36

9 be able to identify such resources as exist for the purpose of funding translations and other language services. CONCLUSIONS REGARDING COSTS Because translating all of the potentially vital documents listed above into even one language will be relatively expensive, MassDOT will employ a phased approach to implementation. Documents with broad applicability across languages and geography, such as the notice to beneficiaries of their civil rights and complaint procedures and forms that should be available to everyone, will be prioritized for immediate translation into at least the top five LEP languages statewide. The Title VI Specialist will work with the various departments to prioritize all existing vital documents and the number and order of languages into which each may be translated. For specific transportation projects, a line item should be included in the budget to allocate funds for language services for public outreach efforts. If additional resources are needed for unexpected or unanticipated translations, project managers are encouraged to contact their department managers to make a request through the MassDOT s Budget Office to secure state or federal funds, as needed. For shared services or internal operations, where there may not be a project number, the Chief Administrative Officer of MassDOT should be apprised of the need to budget the funding for language services. FOUR-FACTOR ANALYSIS WORKSHEET MassDOT developed a worksheet template that can be used by MassDOT functional areas and departments, as well as subrecipients, to complete a four-factor analysis of each relevant program, activity, or service. This template is provided in Appendix D, along with a completed four-factor analysis worksheet for MassDOT s Notice of Civil Rights, to serve as an example. Although the preceding sections applied the four-factor analysis to MassDOT statewide, as well as to some individual subrecipients, some individual activities may need an area- or site-specific four-factor analysis. For example, when a public meeting is held in a particular town or for a specific project, the four-factor analysis worksheet can be used to determine the types of information that may need to be translated, as well as the languages for which translation will be needed. LANGUAGE ASSISTANCE MEASURES Types of Language Services Available The U.S. DOT guidance on implementing language assistance measures indicates that the following topics should be addressed in the LAP: Types of language services available for responding to LEP callers, LEP written communications, and LEP in-person contact with staff How staff of MassDOT subrecipients can obtain language services How to ensure competency of interpreters and translation services 37

10 The following discussion addresses each of these topics (based on the results of MassDOT s four-factor analysis), describes the ongoing language assistance efforts, and suggests future actions that MassDOT will implement to ensure language access to MassDOT programs, services, and activities, as well as those of its subrecipients. As discussed under Factor 4 of the four-factor analysis presented above, the state has various resources available for providing language services by phone, in writing, and in person for LEP individuals and populations. Written and oral language services can be accessed from various vendors through the state s procurement process website. Employees can also utilize the UMass Boston Translation Services. MassDOT also has several internet translation services that can automatically translate Web text into various languages. The U.S. Census Bureau, has developed downloadable I Speak cards that can be used when first encountering an LEP individual. On these cards appears the phrase Mark this box if you read or speak [name of language] in 38 different languages. These cards can be used to identify the primary language of LEP individuals during face-to-face contacts so that appropriate translation services can be identified for them. MassDOT s Office for Diversity and Civil Rights will send the link for this service to all relevant staff who encounter the public with instructions on the utility and procedures for employing these cards. MassDOT is in the process of identifying community-based organizations (CBOs), that might be useful to collaborate with, particularly for individual public meeting or project efforts. CBOs may be helpful in determining which outreach materials may be most important to translate, and some translations may be made more effective when done in tandem with outreach methods, including using ethnic media, schools, religious organizations, and CBOs to spread a message. Although the written translation of a vital document generally means the replacement of a written text in one language by an equivalent written text in another language, in some instances MassDOT may decide to replace written text with pictograms or universal icons as the most effective method of providing meaningful access to vital information. CURRENT TRANSLATION EFFORTS As indicated under Factor 3 of the four-factor analysis presented above, MassDOT is in the process of identifying all vital documents that should be professionally translated and has implemented an automatic Web translation service so that its website can be automatically translated into different languages. MassDOT Statewide Efforts In 2009, OTP initiated the statewide planning process for the state s long-range transportation plan, youmove Massachusetts. youmove Massachusetts was a grassroots effort that relied on public meetings, workshops, and website feedback to engage the public and solicit their opinions about the commonwealth s current and future transportation needs. The youmove Massachusetts home page and Share Your Views page (which allow individuals to submit comments) is translated into Spanish, Portuguese, and Haitian Creole. In addition, the youmove Massachusetts website provides an interactive map, available in English and Spanish, which allows individuals 38

11 to pinpoint specific transportation issues or needs. With the next step in the statewide planning process wemove Massachusetts an online questionnaire, was developed to hear from members of the public in more detail about their transportation experiences and needs. MassDOT issued a press release in English, Spanish, Haitian Creole, and Portuguese to English-language and non-english-language media outlets statewide to promote the questionnaire. The online questionnaire is also translated into Spanish, Portuguese, and Haitian Creole. MassDOT incorporated LEP requirements into its Draft Public Participation Plan and its Accessible Public Meeting Policy. Included in both is information about how to perform a fourfactor analysis of a meeting or project area, and the definitions of the safe harbor thresholds and what constitutes a vital document. These key documents will be readily accessible through MassDOT s internal and external websites. MassDOT Rail and Transit Division Efforts Within the MassDOT Rail and Transit Division, progress on the South Coast Rail project, which would extend commuter rail service to Fall River and New Bedford, hinges on keeping all stakeholders current and informed. Because Fall River and New Bedford have large Spanish- and Portuguese-speaking populations, the meeting notices for the public outreach sessions on the Transit Development Plan were posted and advertised in both languages. Efforts should be are made to translate all meeting notices and project updates into languages other than English (for example, for New Bedford, into both Portuguese and Spanish); however, the quarterly project Fact Sheets is currently available only in English. MassDOT Subrecipients Among MassDOT subrecipients, some MPOs already implement comprehensive translation efforts for their public outreach efforts. For example, the Boston Region MPO uses Babel Fish to translate its website into Spanish, Chinese, Portuguese, Italian, French, and Russian. However, it is currently updating its website, and will use a different translation program, Google Translate, which offers many more language choices and utilizes statistical machine translation. 8 The Boston Region MPO has developed the booklet Be Informed, Be Involved as a resource to provide information about the MPO s planning process. This booklet is available in English and Spanish, and it is posted in both languages on the MPO s website. Staff at the MPO office will utilize the I Speak cards for initial face-to-face contacts with LEP individuals. The MPO provides press releases for some of its workshops on its Long-Range Transportation Plan (LRTP), Transportation Improvement Program (TIP), and Unified Planning Work Program (UPWP) in English and Spanish, and Spanish-language interpreters are provided upon request at public meetings. Legal notices announcing public review of the MPO s certification documents or their amendments are placed in the Bay State Banner (the region s major minority news publication) and in El Mundo and La Semana (the region s two major Spanish-language 8 Statistical machine translation relies on patterns in human-translated documents to make intelligent guesses as to what the appropriate translation should be (as opposed to literal word-by-word translation, which is often inaccurate). 39

12 newspapers). The executive summaries or other sections of the MPOs certification documents are available, upon request, for translation into any language. Complaint forms and instructions for making complaints are available, upon request, in languages other than English. The MPO is planning to translate its Notice to Beneficiaries, Complaint Procedures, and Complaint Form into Spanish initially, and then into other languages, as funds become available. The Title VI Specialist is working with all MPOs to monitor their LAPs and will assist MPOs that may need additional guidance. NEEDED AND/OR PLANNED FUTURE TRANSLATION EFFORTS MassDOT Statewide Efforts The MassDOT Title VI Specialist, in collaboration with the Title VI Working Group, will identify the efforts and techniques needed for future translation efforts. However, some actions will definitely be pursued by MassDOT, including the provision of I Speak cards for employees who have frequent contact with the public and phone translation services for administrative staff who take calls from the public, so that basic questions can be answered and assistance given in virtually any language Although MassDOT is not required to do so, it may choose to translate some key, yet non-vital, documents, such as project fact sheets, open house notices and materials, and other MassDOT documents that are available to the general public. At the discretion of the project manager and based on the four-factor analysis and consultation with Civil Rights staff, these documents will include a notice written in the most prominent LEP languages in the project area that the document will be translated upon request. In most cases, this will be reserved for: Projects where there is a large LEP population within the project area Large projects where there is intense public interest and engagement Any project that is determined to have a significant impact on the population MassDOT Rail and Transit Division For the South Coast Rail project, efforts will be made to translate the South Coast Rail Task Force meeting notices into Spanish and Portuguese. As the project continues through the environmental review stage, the Project Manager plans to develop a greater presence and enhanced communication in all 31 communities affected by the project by providing multilingual information. How to Obtain Language Services As discussed above, MassDOT employees and/or managers can use the state s procurement process to engage translation services. The state s procurement access and solicitation system website provides information about 21 translation-service vendors with which the state currently has contracts. The website links to each vendor s website, gives contact information for each, and provides instructions on how employees can move through the procurement process. The 40

13 MassDOT Title VI Specialist is a resource that employees can use to learn more about how to access the various translation services that are available. Because translating all of the potentially vital documents listed above into even one language will be relatively expensive, MassDOT will employ a consultative and phased approach to implementation. We are conducting a survey of the public that sets forth the documents we intend to translate and as for public opinions on other possible material for translation. Documents with broad applicability across languages and geography, such as the notice to beneficiaries of their civil rights and complaint procedures and forms that should be available to everyone, will be prioritized for immediate translation into at least the top five LEP languages statewide. How to Ensure the Competency of Language Services Interpretation and translations arranged by MassDOT will be performed by approved vendors and/or individuals whose competency has been established. This task will be accomplished using a combination of methods to provide reliability, flexibility, and cost efficiency. MassDOT has started working with professional organizations that offer services in the fields of interpreting and translation, has started using bilingual MassDOT staff members where qualified, and has been evaluating and applying key elements from successful programs of local governments and of other state governments. Using this approach, MassDOT will ensure that all interpreters and translators working for MassDOT meet the following standards: Communicate fluently orally and in writing in both English and the primary language of the LEP individual Accurately and impartially interpret and/or translate to and from such languages and English Demonstrate an understanding of the role and the ethics associated with being an interpreter or translator MassDOT may also, depending on the context, do the following: When appropriate, train interpreters and/or translators in specialized terms and concepts associated with MassDOT programs, services, and activities Instruct the interpreters and translators that they should not deviate into the role of a counselor, legal advisor, or any other role besides that of interpreter or translator Ask interpreters and translators to attest to the fact that they do not have a conflict of interest Incorporate language into contracts requiring vendors to certify their proficiency in target languages Ask interpreters to provide references, documentation of their qualifications, certifications, and/or proof of interpreter training In addition, MassDOT will survey its staff to identify the existing bilingual resources, develop a plan for defining conditions under which MassDOT staff might be asked to help with 41

14 interpretation or translation between MassDOT and LEP customers, and develop procedures for seeking the assistance of bilingual staff members. TRAINING MASSDOT STAFF The purpose of the training program is to ensure that MassDOT staff members understand their obligation to provide meaningful access to information and services for LEP persons and to educate them about the procedures for determining whether a customer needs language services and if so, what type of services are needed, and how to provide them. MassDOT will develop and maintain an LEP training module that will be integrated into its larger Title VI/Nondiscrimination training programs. MassDOT currently has plans to provide four types of internal Title VI nondiscrimination training: one for all employees who interact with the public, one for high-level managers, one for project managers, and one for Title VI Liaisons. The LEP training module may be tailored for each of these different types of training, but all modules will focus on the following elements: MassDOT s responsibilities under the U.S. DOT s LEP guidance LEP populations in the MassDOT service area Summary of the four-factor analysis Description of the language services available to LEP customers and staff Instructions on how staff and LEP customers can access the language services Training in how to work effectively with interpreters in person and over the telephone Cultural-competency training to instruct staff in how to communicate with LEP persons face to face, over the telephone, and in writing Instructions on how to respond to civil rights complaints The MassDOT Title VI Specialist is currently working on coordinating training efforts with existing MassDOT training programs. In addition, MassDOT is currently developing an online mapping tool that can be used to identify the LEP populations at various levels of geography; this tool will be accessible to all MassDOT employees. Once the tool has been developed and put online, training and instructions on how to use this tool will be given to staff members who interface with the public the most. The intended users are the project managers, public affairs personnel and Civil Rights staff who communicate regularly with the public. There will be prospective efforts made to enable the public to use this tool as part of a broader effort to engage our stakeholders. MassDOT is using the following resources in the development of its LEP training program: Breaking Down the Language Barrier: Translating Limited English Proficiency into Practice. This video, which is available on DVD and as a streaming video via a link on explains the language access requirements of Title VI and Executive Order through vignettes that demonstrate the problems resulting from the absence of language assistance. The video goes on to show how these same situations could have 42

15 been handled more appropriately if the service provider took reasonable steps to provide meaningful access. Providing Language Access for Persons with Limited English Proficiency, a PowerPoint presentation produced by the FTA Office of Civil Rights and available at How to Engage Low-Literacy and Limited English Proficient Populations in Transportation Decision Making, available at This report documents best practices in identifying and engaging low-literacy and LEP populations in transportation decision making. These best practices were collected during telephone interviews with individuals in 30 states. PROVIDING ASSISTANCE TO SUBRECIPIENTS MassDOT will provide LEP training and technical assistance to subrecipients as part of its larger Title VI/Nondiscrimination training program. As part of an initial assessment, the Title VI Specialist attended monthly MPO Transportation Managers meetings to initiate the discussion of LEP requirements. Through these interactions, it has become clear that there is a need to educate MPOs and other subrecipients regarding Title VI and LEP requirements. The Title VI Specialist is working with these managers to plan a conference to educate the subrecipients about Title VI requirements, describe the procedures MassDOT developed to help them meet these requirements, and inform them about the resources that are available to them. The training materials to be used will include Webinars, PowerPoint guides, and/or guidance documents developed by FTA that will provide detailed information about the measures subrecipients must take to comply with Title VI, including LEP requirements. A critical piece of the envisioned conference will be an effort to increase collaboration among MassDOT subrecipients to maximize the quality and extent of language services, while building efficiencies and cost savings through shared practices, investments and initiatives. This approach will likely be influenced where there are neighboring subrecipients who can pool resources to translate, hire consultants and purchaser media time, among other strategies. MassDOT will organize, conduct, and lead additional training efforts in order to provide additional guidance and answer questions that may be region-specific. At least two Title VI training efforts will be provided for subrecipients the first year of LAP implementation; LEP issues may be addressed at those workshops. One will be a Web-based training tool, similar to the one currently used for FTA grant recipients. The other may include a workshop to assist MPOs, RPAs, RTAs, Elder Councils, Community Councils, health groups, other transit service providers, local public agencies, and other subrecipients in that area with their Title VI requirements, including LEP. In each of the subsequent years of LAP implementation, the Title VI Specialist and/or Program Manager will hold at least one workshop for MPOs, RPAs, and RTAs and at least one for Elder Councils, Community Councils, health groups, other transit service providers, local public agencies, and other categories of subrecipients to provide ongoing assistance. The Specialist will always be available to answer individual subrecipient questions as they arise. 43

16 PROVIDING NOTICE TO LEP PERSONS It is important that LEP persons be informed that translation services are available free of charge. LEP notification points will include venues likely to be patronized by a high volume of LEP customers looking for MassDOT information. The largest interface MassDOT has with the public is through its external website. Over the past year, MassDOT s Office of Information Technology has worked in conjunction with the Information Technology staff at the MBTA to incorporate a translation feature into all webpages on MassDOT s website. Although this tool has limitations, it reflects the state of the art and provides an avenue through which the public is advised that requests can be made to MassDOT to have documents translated. A translatable website is allowing MassDOT to raise awareness within non-english-speaking populations regarding the decision-making processes and how they can participate. Notices will be translated into the most common languages encountered and will explain how to obtain the necessary language assistance. Both the Updated Notice to Beneficiaries and the Public Meeting Notice contain information on these services. Examples of notice formats MassDOT might employ include: Signs and handouts available at MassDOT customer service offices Outreach documents MassDOT website Automated telephone voice mail attendant or menu system Postings at community-based organizations (CBOs) partnering with MassDOT Notices in non-english-language community newspapers Announcements on non-english-language radio stations Information tables at community events In order to implement culturally competent outreach to increase awareness of and access to MassDOT s activities, services, and programs, MassDOT will determine the language needs of its LEP audience. This will include the following actions: Test LEP materials with key LEP constituencies Establish relationships and partner with key CBOs that represent the LEP audience Conduct interviews with key community leaders who represent the LEP audience; this can include one-on-one meetings, telephone calls, and messages MONITORING AND UPDATING THE LEP PLAN MassDOT s Title VI Specialist will continually assess the effectiveness of its LAP through internal and external research such as: Discussions and language-focused subcommittees within the Title VI Working Group and the Title VI Liaisons 44

17 Internal meetings with MassDOT staff and managers to evaluate the effectiveness of LEP communication methods, materials, and messaging Collection of program statistics such as the number of LEP trainings (group and individual), the number of LEP persons attending community meetings, and the number of new community partnerships and/or contacts made Surveys of front-line MassDOT staff to determine program awareness, the frequency of LEP contacts, and the communication methods used Analysis of data regarding the number of foreign-language translation requests made via the MassDOT website Analysis of all language assistance services to determine the cost of providing the services and the resources available to MassDOT for providing the services Solicitation of input from CBOs regarding their awareness of the program and ideas for improvements Surveys of LEP community members who use MassDOT s language assistance services Every three years, MassDOT will re-evaluate the effectiveness of its LAP. Included in this review will be an analysis of any changes in demographics, types of services, and other factors pertinent to LEP populations. The review will include: A new four-factor analysis using the most recently available data sources A roundtable discussion (in addition to the ongoing meetings) with members of LEP communities to track any changes in their communities and to determine how well MassDOT s LAP meets their needs At the culmination of each three-year review, MassDOT will determine whether demographics, services, and needs of LEP populations have substantially changed and the extent to which language assistance services need to be adjusted to address those changes. LAP Implementation Schedule Activity or Task Completion Date Frequency of contact Complete frequency-of-contact surveys of all functional area Complete heads within MassDOT. Compile list of job functions and front-line employees who are Complete likely to come into contact with LEP populations. Complete frequency-of-contact surveys of front-line employees. Complete Update four-factor analyses, if necessary, for all identified program area segments based on additional survey results. January 2013 Importance of MassDOT programs, activities, services, and documents to LEP individuals Evaluate the importance of all MassDOT programs, activities, and services with regard to language translations. 45 February 2013

18 Activity or Task Completion Date Identify vital documents and determine the languages into which April 2013 they should be translated. Determine the need to translate any non-vital documents. April 2013 Language assistance measures Select and implement translation services for MassDOT website. Completed Determine existing in-house language expertise for informal June 2013 communications and formal translation and interpretation. Select and implement services for formal written translation, oral interpretation, and on-call phone translation. Partially complete, January 2013 Prioritize vital (and any identified non-vital) documents for June 2013 translation and determine the languages into which they should be translated. o The English versions of all vital documents will include some text, translated into Spanish, Portuguese, Chinese, Vietnamese, and Haitian Creole, indicating that translations of these documents are available upon request. o Once translations of vital documents have occurred, the English versions will include text, translated into Spanish, Portuguese, Chinese, Vietnamese, and Haitian Creole, indicating that these documents have been translated into each of those languages. Translate the Notice to Beneficiaries and the associated complaint procedures and forms into Spanish, Portuguese, Completed Chinese, Vietnamese, and Haitian Creole. LAP Implementation Schedule (continued) Activity or Task Completion Date Language assistance measures (continued) Develop a phased schedule for implementing translation services and identify the resources that will be used. Distribute I speak cards to employees who are likely to come into contact with LEP individuals. July 2012 December 2012 Training of staff and subrecipients Develop an LEP training module of this report. Train staff February 2013 March

19 o Train high-level managers. o Train Title VI Liaisons. o Train front-line employees who interface with LEP populations. Train subrecipients in collaboration with Rail and Transit Division o Provide training to all MPO, RPA, RTA, Elder Councils, Community Councils, health groups, other transit service providers, and other subrecipients. TBD, based on Rail and Transit grant award schedule o Provide training to local public agency subrecipients. Outreach to CBOs Compile statewide list of CBOs. Completed Meet with CBO representatives from top three LEP languages May 2013 within the Boston Region MPO area. Meet with CBO representatives from top three LEP languages in June 2013 the MPO regions that boarder the Boston Region MPO area. Meet with CBO representatives from top three LEP languages in the remaining MPO regions. September

20 Appendix A LEP Survey of MassDOT Employees

21 Appendix A Communication with Limited English Proficient (LEP) Individuals: Survey for MassDOT Functional Area Heads MassDOT, as a recipient of federal financial assistance, is required to provide written and oral translations of several types of communications for individuals with limited English proficiency (LEP) that is, people who do not speak English well or at all. The determination of which written or spoken communications must be translated and the languages into which they must be translated is based on a four-factor analysis that considers the: Number or proportion of the persons eligible to be served or likely to encounter a program, activity, or service who are LEP Frequency with which LEP individuals come into contact with the program, activity, or service Nature and importance of the program, activity, or service in people s lives Resources available and costs of providing translations To assist in the completion of this four-factor analysis, the MassDOT Office of Civil Rights (OCR) is requesting that you answer the following questions: 1. Approximately how many employees who work under you have direct contact with the public in some capacity? 2. What are the job titles and/or functions of those employees? 3. What vital documents does your area have that may need to be translated into other languages? When making an inventory of vital documents, please consider the following: USDOT guidance states that a document should be considered vital if it contains information that is critical for obtaining services and/or benefits, or if it is required by law. Vital documents include (but are not limited to), for example: notices of rights; notices advising LEP persons of the availability of free language assistance; letters or notices that require a response from the beneficiary or client; and consent and complaint forms. For instance, if a complaint form is necessary in order to file a claim with an agency, that complaint form would be vital. Non-vital information includes documents that are not critical to access such benefits and services. It may sometimes be difficult to draw a distinction between vital and non-vital documents, particularly when considering outreach documents or other documents designed to raise awareness of rights or services. It should be noted, however, that in some circumstances lack of awareness of the existence of a particular program may effectively deny LEP individuals meaningful access: for example, lack of awareness of the availability of language interpretation services at public meetings. In such cases, the outreach materials would be considered vital. Please return your completed survey to Elizabeth Moore (emoore@ctps.org) at the Central Transportation Planning Staff. CTPS will compile and analyze the results from all of the returned surveys. If you have any questions regarding the survey, please contact Elizabeth at THANK YOU.