Outreach to Equity Focused Communities

On Aug. 11, 2000, Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP)” was signed into law. The Executive Order requires federal agencies to examine the services they provide, identify any need for services to those with LEP, and develop and implement a system to provide those services so LEP persons can have meaningful access to them. The Executive Order also requires that the federal agencies work to ensure that recipients of federal financial assistance provide meaningful access to their LEP applicants and beneficiaries.

Pursuant to Executive Order 13166, INDOT must take reasonable steps to ensure meaningful access to its services to persons that may be entitled to language assistance. In accordance with the Executive Order, the U.S. Department of Transportation issued Policy Guidance Concerning Recipient's Responsibilities to Limited English Proficient (LEP) Persons. DOT guidance outlines a four-factor framework that recipients should apply to the various kinds of contacts they have with the public to assess language needs and decide what reasonable steps they should take to ensure meaningful access for LEP persons. INDOT based its four-factor analysis on the U.S. Census Bureau American Community Survey (ACS) data, see Four Factor Framework below. Through this analysis a LEP plan was developed. See the Nondiscrimination at INDOT webpage for guidance in serving persons with LEP, access to the INDOT LEP Plan, and ensuring access to program and project decision-making.

For further guidance, see the Federal Transit Administration’s Limited English Proficiency Guidance.

Limited English Proficiency reports are one tool that assists INDOT in documenting instances where enhanced language services are needed. INDOT values each individual’s civil rights and strives to provide equal opportunity and equitable service for the citizens of this state. As a recipient of federal funds, INDOT is required to conform to Title VI of the Civil Rights Act of 1964 (Title VI) and all related statutes, regulations, and directives, which provide that no person shall be excluded from participation in, denied benefits of, or subjected to discrimination under any program or activity receiving federal financial assistance from the U.S. Department of Transportation on the grounds of race, color, or national origin.

A voluntary public involvement survey 23 CFR 200.9(b)(4) assists INDOT in gathering data to ensure its programs and activities comply with Title VI of the Civil Rights Act of 1964. The survey is available as a downloadable template for in-person public meetings, or as an online form. Both are listed below:

Click here to download survey template.

Click here for the online survey link.

More about the survey:

• INDOT monitors, tracks, and documents data received as a result of the survey to comply with Title VI of the Civil Rights Act of 1964
• Documentation is submitted to FHWA for evaluation and review
• INDOT makes changes and modifications to its program and project development activities based upon this information

I Speak Flashcard

Notification activities should occur within 15 calendar days prior to the public engagement opportunity or no less than 2-days prior to an event (public meeting, workshop, or other). INDOT will reach out to equity-focused and LEP communities utilizing specific notification methods to ensure everyone has a voice in the future of transportation in Indiana. By working cooperatively with MPO, RPO and LPA partners, it should be possible to distribute notification of upcoming planning and public involvement events and comment periods directly to underserved communities, such as minority, low-income, limited English proficiency, aging populations over 64 years old, and rural populations.

Notification will go to:

• Planning Partners: INDOT Districts, RPOs, MPOs, LTAP, Local Officials, Federal Land Management & Resource Agencies, FTA, FHWA, Economic Development Corporations, Indiana Tribal Nations Agencies, and Transit Operators
• Social Services Providers: Local Indiana Housing & Urban Development Offices, Local Libraries, Senior Citizen Centers, Health Care Providers, & Clinics
• Special Interests Groups: Agency Title VI contacts, Faith-Based/Community Organizations, Rural Community Centers (Farmers & Amish Communities Newsletters), Affected Populations

In the notifications, INDOT will emphasize the importance of spreading the information throughout communities and work to ensure notices are being posted in locations where communities gather and frequent. INDOT will also request that notifications be presented in local news and social media outlets. All communications with planning partners and media publications will:

Name the project, plan, or program; describe how to participate in the opportunity at hand; provide the location of events or how and where to submit comments; and provide the beginning and ending times and dates for all public comment opportunities

Notifications will include:

Brief description of the notification Links to website Links to surveys Links to comment forms and comment contact Links to documents, materials, meetings, and other

Describe how to request translators for LEP populations, interpreters, or services for those with a visual/hearing disability.

Be distributed at least 15 calendar days prior to the public engagement opportunity or no less than 2-days prior to the public engagement for newspaper notification/ advertisement.

Notification Sources (non-amendments):

INDOT Main Listservs – customers will be given the option to sign up for specific planning listservs and monthly amendment updates as available Notification Post on Social Media Sites Notifications and/or flyers to: MPOs, RPOs, LTAP, and Local Libraries Notifications to Tribes through INDOT Cultural Service Office and Federal Resource Offices Notifications and Legal Ads in Local Newspaper and/or Community Newsletters (STIP and LRTP Updates Only) Notification to HUD Offices, Senior Community Centers, INDOT ADA & Title VI Contacts (When Available) Direct mail using US Mail databases Stakeholder List

INDOT LEP Plan

1 - Provide Notice of LEP Persons using all means reasonably calculated to provide meaningful access

Some notification ideas include:

• Posting signs in areas where the public is likely to read them.
• Stating in outreach documents (brochures, booklets, pamphlets, flyers) that language services are available.
• Working with community-based organizations to inform LEP persons of the language assistance available.
• Using a telephone voice mail menu in the most common languages encountered.
• Including notices in local newspapers in languages other than English for important events.
• Providing notices on non-English language radio and television stations about the availability of language assistance services for important events.
• Providing presentations and notices at schools and religious organizations for important events or where community involvement is critical.
• Providing a document translation (and / or interpretation services) request form / notice translated into other languages when INDOT is aware that a significant number of persons will be impacted by INDOT programs or activities who speak a language other than English, regardless of county-wide census data.

2 - Translate Vital Documents

A document is considered vital if it contains critical information for obtaining services or benefit or is required by law. To further assist INDOT employees in determining whether or not a document should be considered vital INDOT employees should consider whether or not the document’s core purpose is related public engagement activities.  Public engagement activities may include:

• Solicitation of public comments
• Circulation of pre-decisional document for public inspection
• Circulation of public notices
• Public information related to key INDOT procedures, projects, or activities which may be reasonably likely to have a significant impact on an LEP population.

INDOT program areas requiring interaction with the public as a daily part of their delivery of services should assess the LEP population and the frequency and importance of contact with LEP persons to ascertain the necessity for translating vital documents.  Examples of vital documents that require consideration for translation into Spanish (Indiana’s largest LEP population) include the following:

• Emergency transportation information, such as road closures;
• Notices of proposed public hearings regarding proposed transportation plans, projects or changes;
• Notices of reduction, denial or termination of services or benefits;
• Signs in reception areas and other points of initial entry;
• Notices advising LEP persons of free language assistance;
• Statements about the services available and the right to free language assistance services in brochures, booklets, outreach and recruitment information, and other materials routinely disseminated to the public;
• Applications or instructions regarding participating in a program or activity or to receive benefits or services; and
• Consent forms.

Whether or not a document (or the information it solicits) is “vital” will depend on the importance of the program, information, encounter or service involved, and the consequence to the LEP person if the information in question is not accurate or received in a timely manner.  Where appropriate, program managers are encouraged to create a plan for consistently determining what documents are “vital” to the meaningful access of the LEP populations they serve.

Where program managers are engaged in community outreach efforts as part of their programs and activities, they should regularly assess the needs of the populations frequently encountered or affected by the program to determine whether certain critical outreach materials should be translated.

3- Interpretation Services

INDOT recognizes the need for greater oral and written communication with limited and non-English speaking persons located within the state.  Central Office and each District office attempt to identify the language needs within its jurisdiction and current bilingual staff resources to meet those needs.  Where communication of key or vital information is involved, INDOT employs the use of interpretation and translation services to ensure effective communication can be achieved. Best practices suggest that:

• INDOT should develop a listing of local Community-Based Organizations (CBO’s) and other stakeholders that includes the specific language skills available among each CBO's staff and volunteers. This often occurs as part of our EJ analysis during the environmental stage of project planning.
• When INDOT bilingual staff resources are insufficient to meet language assistance needs, INDOT staff should assist LEP persons in securing volunteer interpretive services from advocacy groups.  In addition, INDOT employs the use of interpretation services when a request is made or when the threshold is met for the safe harbor requirement.
• Translations of commonly requested documents, bilingual staff and telephone interpreter services should be made available at locations that are readily accessible to the public, such as information desks, security checkpoints, and on public information telephone lines.
• Programs should not rely on family members or friends to translate or interpret for LEP persons.  If the LEP customer insists upon using a friend or family member, it should be allowed only after language services have been offered and refused.  Minor children should not be used to interpret, except in emergencies.  Our LEP report form tracks whether or not this practice is occurring, when and how often.
• Each INDOT component, program or activity identified as warranting language assistance measures should budget for language services to ensure that adequate resources exist for interpreters, translation and review of documents, and outreach.  Notwithstanding any limitations of the current budget, programs should include language assistance resources as items in their future budget requests.  Programs should be prepared to justify any failure to request funding for language assistance where the data indicates a need for such assistance.

4 - Staff Training

INDOT staff should be properly trained so they know and understand their obligations to provide meaningful access to information and services for LEP persons.  INDOT’s current in-person and online training materials for employees include LEP requirements and policies.  Training will be updated as these policies change.

5 - Multilingual Staffing

In-house multilingual staffing is a cost-effective way to provide language services to LEP individuals.  When needs dictate, bilingual ability should be considered.  The challenge with this approach is that very few individuals self-identify as both bilingual and willing to provide translation services.

Best practices suggest that:

• INDOT create a directory of multilingual staff willing to volunteer their language skills on an as needed basis.
• Bilingual staff should be trained and versed in the standards of the interpreting profession.
• Bilingual staff or contractors should be assessed for bilingual proficiency, interpretation skills and sensitivity to the special confidentiality issues raised by interpreting for others.  Individuals providing interpretative services should possess a level of fluency and comprehension appropriate to the specific nature, type and purpose of information at issue.  Bilingual staff should be encouraged and enabled to access interpreter and translation training.