FTA Title VI Requirements - Ridess-rides.njtransit.com/home/Documents/NJTransitTitleVIFINAL.pdf ·...
Transcript of FTA Title VI Requirements - Ridess-rides.njtransit.com/home/Documents/NJTransitTitleVIFINAL.pdf ·...
FTA Title VI Requirements
Presented at the
NJ Transit Training Seminar
Presented by:
Rich Garrity RLS & Associates, Inc. September 26, 2014
Seminar Overview NJ Transit’s Subrecipient Title VI Compliance Project
Title VI – Historical Perspective
FTA/NJ Transit Role in Title VI Compliance
Subrecipient Responsibilities
NJ TRANSIT’S SUBRECIPIENT TITLE VI COMPLIANCE PROJECT
Module 1
3
Project Overview ♦ Project Purpose
○ To Provide the NJ TRANSIT Office Of Community Mobility with Technical Support Services
○ To Assist Subrecipients In Meeting The Requirements of Title VI
Work Program ♦ Task 1: Update of a Standard Operating Procedure
Document ♦ Task 2: Model Approaches for Each of the Required
Title VI Elements ♦ Task 3: Development of Public Participation
Strategies and Procedures ♦ Task 4: Development of Limited English Proficiency
(LEP) Strategies and Procedures ♦ Task 5: Review of Subrecipient Plans for Compliance
Work Program ♦ Today’s Workshop
○ Focus on Task 2 – Subrecipient Obligations and the Technical Assistance that NJ Transit Will Provide
○ In Future Sessions, We Will Provide More Detailed Assistance In: LEP “Four Factor” Analysis Public Outreach Strategies
TITLE VI – A BRIEF HISTORICAL PERSPECTIVE
Module 2
7
Historical Perspective ♦ Title VI is Part of the Civil Rights Act of 1964
(Pub. L. 88–352) ♦ Arguably the Most Significant Legislation of
the 20th Century ♦ Signed July 2, 1964
Historical Perspective ♦ Purpose
○ Outlawed Discrimination Based on Race Color Religion National Origin
○ Title VII Added Sex/Gender in Addressing Employment Discrimination
Historical Perspective ♦ Twelve Titles That Covered a Range of
Activities and Places ♦ Title VI
○ This Title Prohibited Discrimination In Connection with Programs and Activities Receiving Federal Financial Assistance
Historical Perspective ♦ Basic Principle:
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
TITLE VI – FTA & NJ TRANSIT ROLE IN GRANTS ADMINISTRATION
Module 2
12
Federal Role ♦ All Federal Agencies Responsible Under the
Civil Rights Act to Promulgate Rules Implementing the Act
♦ Governing Documents ○ 49 CFR part 21 – DOT Civil Rights ○ FTA Circular 4702.1B – FTA’s Transit Rule
Federal/State Role ♦ Basic Requirement
○ FTA Requires all Direct and Primary Recipients to Document Compliance by Submitting a Title VI Program to the Regional FTA Office Every Three Years
○ NJ Transit is the Direct/Primary Recipient of FTA Funds
Federal/State Role ♦ NJ Transit is the Primary Recipient ♦ Entities that Receive Grants Awarded by NJ
Transit are Subrecipients ♦ Grants
State Administered FTA Grant Programs
Section 5310 Section 5311
Section 5316 Section 5317
Section 5339
Subrecipient Role ♦ Basic Requirement
○ Subrecipients Must Submit Title VI Programs to the Primary Recipient From Whom They Receive Funding Subrecipients Assist the Primary Recipient In Its
Compliance Efforts Primary Recipient Determines Schedule
Subrecipient Role ♦ Subrecipients With Contractors
○ Contractors and Subcontractors are Responsible For Complying With the Title VI Program of the Entity With Whom They Are Contracting
○ Contractors Are Not Required to Prepare or Submit Title VI Programs
○ Subrecipients Are Responsible for Ensuring That Contractors Are Following the Title VI Program and Complying With Title VI
Primary Recipients ♦ What About Agencies That Receive Grants
Directly From FTA, Not NJ Transit? ○ Primary Recipients Submit Their Title VI
Programs Directly to FTA on a Schedule That is Prescribed by FTA
♦ My Agency Received Funding From Both FTA and NJ Transit? ○ Send Program to Both
Subrecipient Role ♦ Other Special Grantee Circumstances
Circumstance Compliance Requirement
Subrecipient Is Not a Governmental Entity, But a Private Nonprofit Corporation
Preparation of a Title VI Program Required
Subrecipient Does Not Service the Community-at-large, But a Population Strictly Designated By the State
Preparation of a Title VI Program Required
Subrecipient Provides Only Limited Transportation to Clients Only
Preparation of a Title VI Program Required
Entity Is a Primary Recipient and Subrecipient
Preparation of a Title VI Program Required; Submit To All Primary
Who Needs a Plan?
Who Needs a Plan?
Who Needs a Plan?
TITLE VI PROGRAM REQUIREMENTS
Module 2
23
Overriding Principle ♦ Title VI
○ Broad, Institution-Wide Application ○ Encompasses All Programs and Activities of the
Covered Entity ♦ This Workshop is Designed to Address the
Transit Services ○ Does Not Relieve the Obligation of the Entity to
Comply with Other Title VI Requirements
Title VI Goals ♦ Level and Quality of Public Transportation
Service Is Provided In a Nondiscriminatory Manner
♦ Promote Full and Fair Participation In Public Transportation Decision-Making Without Regard to Race, Color, or National Origin
♦ Ensure Meaningful Access To Transit-Related Programs and Activities By Persons With Limited English Proficiency
Basic Requirements ♦ Title VI Assurance ♦ First Time Applicants ♦ Program Submission, Every Three Years
Basic Requirements ♦ Title VI Assurance
○ Referred to as “Standard Assurance” ○ Typically Part of Application and Contract
Process
Basic Requirements ♦ First Time Applicants
○ Compliance History Compliance Reviews Conducted by Other Federal
Entities, Last Three Years • Purpose/Reason for Review • Name of the Agency of That Performed the Review • Summary of Findings/Recommendations • Status and/or Disposition • Recommendations
Basic Requirements ♦ First Time Applicants (Continued)
○ Brief Description of Pending Applications to Other Federal Agencies
○ Statement as to Whether Any Other Federal Agency Finding of Noncompliance
Basis for Requirements ♦ FTA Circular 4702.1B ♦ Effective October 1, 2012 ♦ Download at:
http://www.fta.dot.gov/legislation_law/12349_14792.html
Circular Overview ♦ Applicability and Complexity of Program
Submission Based on Entity/Mode
Entity/Mode Compliance Requirement
Chapter I All Recipients/Subrecipients
Chapter II All Recipients/Subrecipients
Chapter III All Recipients/Subrecipients
Chapter IV Fixed Route Operators +50 Buses, 200,000 Population
Chapter V State DOTs
Chapter VI Metropolitan Planning Organizations (MPOs)
Circular Overview ♦ Other Chapters of the Circular Cover
○ Compliance with DOT Regulations at 49 CFR part 21
○ Civil Rights Compliance Reviews ○ Complaints
Circular Overview ♦ Applicable Provisions to Most Subrecipients
○ First Three Chapters ♦ Demand Response Providers
○ First Three Chapters Chapters I, II – Information Chapter III – Basic Plan Contents for ALL Entities
Title VI Program Elements ♦ Chapter III Provisions
○ Title VI Notice to the Public ○ Complaint Procedures ○ Complaint Form ○ Limited English Proficiency Plan & Public Involvement
Plan ○ List of Investigations, Lawsuits, and Complaints ○ Information Regarding Siting of Fixed Facilities ○ Table Depicting Racial Composition of Membership of
Non-Elected Boards/Committees
Notice to the Public ♦ Prepare Notice
○ Notice States that the Entity Complies With Title VI
○ Basic Statement of Protections ○ The Program Should Include a List of Locations
Where Notice is Posted Generic, i.e., Website, Buses, Service Guide, etc.
Notice to the Public ♦ Notice Content
○ Statement That the Agency Operates Programs Without Regard to Race, Color, or National Origin
○ Procedures the Public Should Follow to Request Additional Information on the Recipient’s Title VI Obligations
○ Procedures to File a Title VI Discrimination Complaint Against the Recipient
Best Practice ♦ Content
○ Where Do Agencies Find Content? Do We Have to Write This? NO
○ A Model Template, Modeled After the Notice Used by NJ Transit, Is Available for Your Use
Best Practice ♦ Content
○ Model Notice That Emulates NJ Transit Notice is a Best Practice Handout Form
Best Practice ♦ What if My Agency/Government Already
Has Language for Title VI Notices and the Governing Board Wants Transit to Use This Language?
♦ NJ Transit Will Not be Prescriptive, However, You Must Ensure Your Notice Must Contains The Three (3) Key Provisions From the “Notice Content” Slide
Best Practice ♦ Dissemination
○ Where Does the Transit Program or Agency Interface/Interact with the Public? Agency Office Buses Website
○ NJ Transit Will Not Be Prescriptive, But Your Program Should Document These Places
Best Practice ♦ Dissemination
○ Document Translation Notices Detailing a Recipient’s Title VI Obligations
and Complaint Procedures Must Be Translated Into Languages Other Than English
○ What Languages? Translate Consistent With LEP “Four Factor” Analysis
Outcome and Your Language Assistance Plan (Discussed Later)
Complaint Procedures ♦ All Covered Entities Must Develop
Procedures For Investigating and Tracking Title VI Complaints
♦ The Procedures For Filing a Complaint Must Be Made Available to the Public
Complaint Procedures ♦ Recipients Must Also Develop a Title VI
Complaint Form ♦ The Form and the Procedure For Filing a
Complaint Shall Be Available On The Recipient’s Website
Best Practice ♦ Segregate This Complaint Process From
General Customer Service Complaints ○ This is Entirely Different Than “My Bus is Late”
or the “Driver Was Rude” ♦ NJ Transit is Obligated to Report Title VI
Complaints of Subrecipients to FTA ♦ Need to Record, Track, and Report Any
Complaints
Best Practice ♦ Subrecipients May Adopt the Title VI
Complaint Investigation, Tracking Procedures, and Complaint Form Developed By the Primary Recipient
NJ Transit On-Line Form
Best Practice ♦ Another, More Traditional Complaint Form
is Found in Appendix D of the Circular ♦ Again, as Title VI Applies to All Federal
Programs, Your Organization May Already Have Developed This Process to Comply with Other Federal Guidance ○ Use of Such Processes is Encouraged
Tracking Complaints ♦ If Complaint Alleges Discrimination on the
Basis of Race, Color, or National Origin, Transit System Must Track: ○ Active Investigations Conducted by Entities
Other Than FTA ○ Lawsuits ○ Complaints Naming the Recipient
Tracking Complaints ♦ Data
○ The Date That The Investigation, Lawsuit, or Complaint Was Filed;
○ A Summary of the Allegation(s) ○ The Status of the Investigation, Lawsuit, or
Complaint ○ Actions Taken By The Recipient In Response to
the Complaint or Final Findings Related to the Investigation, Lawsuit, or Complaint
Best Practice ♦ Complaint Management Software (Tailored
to Civil Rights) ♦ Designation of Specific Title VI Officer
Within Your Organization ♦ Establish Timeframes for Investigation and
Outcomes ♦ Engage Top Management
Inclusive Public Participation ♦ Combines Title VI, the Executive Order on
Limited English Proficiency (LEP), and DOT LEP Guidance
♦ Integration of These Elements Into Each Recipient’s Established Public Participation Plan or Process
Inclusive Public Participation ♦ The Title VI Program Must Explicitly
Describe ○ Proactive Strategies ○ Procedures ○ Desired Outcomes
That Underpin The Recipient’s Public Participation Activities)
Best Practice ♦ There Are a Wide Range of Practices to Meet
These Objectives in a Cost Effective Manner ♦ NJ Transit Will Address These Strategies as a
Separate Task in the Work Program
Meaningful Access to LEP ♦ This Element of the Title VI Program Has
Two Main Components ○ Four Factor Analysis ○ Language Assistance Program
♦ This May Be the Most Challenging Aspect of Title VI Program Development
Meaningful Access to LEP ♦ Four Factor Analysis
○ The Number of LEP Persons in Service Area ○ The Frequency With Which LEP Persons Come
Into Contact With the Program ○ Degree of Importance of the Program ○ LEP Outreach
Resources Costs
Language Assistance Plan ♦ Contents
○ LEP Analysis ○ Description of Language Assistance Services ○ Notice of Availability of Language Assistance ○ How the Recipient Monitors, Evaluates and
Updates the Language Access Plan ○ How the Recipient Trains Employees to Provide
Timely Language Assistance to LEP Populations
Safe Harbor ♦ The Safe Harbor Provision Stipulates That, If
a Recipient Provides Written Translation of Vital Documents For Each Eligible LEP Language Group That Constitutes Five Percent (5%) Or 1,000 Persons ○ …The Transit System is In Compliance
Best Practices ♦ Like Public Participation, NJ Transit Will
Address LEP as a Separate Task in the Work Program ○ NJ Transit Role
Data Mapping
Minority Participation ♦ Identification of Planning and Advisory
Boards ○ Not Governing Board ○ Non-Elected Boards/Committees
♦ Preparation of a Table Depicting Racial Breakdown of Membership
Best Practices ♦ NJ Transit Will Provide a Standard Format
for Preparation of Table
Title VI Program Approval ♦ The Title VI Program Must Be Approved by
the Recipient’s Board of Directors or Appropriate Governing Entity or Official(s) Responsible For Policy Decisions Prior to Submission to NJ Transit
For More Information ♦ Section 5310 (Enhanced Mobility of Seniors and
Individuals with Disabilities Program) and Section 5311 (Non-Urbanized Area Formula Program) ○ Northern Counties – Lea Sheridan, 973-491-
8043, [email protected] ○ Central Counties – Lauren Williams, 973-491-
7374, [email protected] ○ Southern Counties – Hope Hezel, 973-491-8397,
For More Information ♦ Section 5307 (Urbanized Area Formula Program),
Section 5309 (Capital Program) and CMAQ ○ Anna Magri, 973-491-7381,
[email protected] ♦ Section 5316 (JARC) and Section 5317 (New
Freedom) ○ Jim Flynn, 973-491-7382,
For More Information Rich Garrity, Senior Associate
RLS & Associates, Inc.
Corporate: 3131 S. Dixie Highway, Suite 545
Dayton, OH 45439 (937) 299-5007
Rich: 801 S. Shore Drive Surf City, NC 28445
(910) 328-5770 [email protected]