TxDOT’S TITLE VI/ NONDISCRIMINATION PROGRAM

TxDOT’s Title VI/Nondiscrimination Program June 4, 2014

TxDOT’S TITLE VI/ NONDISCRIMINATION PROGRAM2014 TxDOT Transportation Planning ConferenceJune 4, 2014


Overview

Title VI of the Civil Rights Act of 1964

FHWA’s Title VI Program

TxDOT’s Nondiscrimination Statement

Additional Nondiscrimination Authorities (including EJ and LEP)

Title VI and Transportation Planning

External Monitoring Program

Internal Monitoring Program

Reporting to FHWA

TxDOT’s Office of Civil Rights Publications

Questions, Conclusion, and Contact Information

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Title VI of the Civil Rights Act of 1964

Federal law that prohibits discrimination on the basis of race, color, & national origin in Federally assisted programs & activities. The law specifically states:

“No person in the United States shall on the ground of race, color, or national origin be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving Federal financial assistance” (42 USC 2000d)

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FHWA Title VI/Nondiscrimination Program

In addition to Title VI, there are other Nondiscrimination statutes that afford legal protection:– Section 162 (a) of the Federal-Aid Highway Act of 1973 (23 USC 324) (sex)– Age Discrimination Act of 1975 (age)– Section 504 of the Rehabilitation Act of 1973/Americans With Disabilities

Act of 1990 (disability) Taken together, these requirements define an over-arching FHWA Title VI/

Nondiscrimination Program. The 1987 Civil Rights Restoration Act requires Federal-aid recipients,

subrecipients, and contractors to prevent discrimination and ensure nondiscrimination in all of their programs and activities, whether they are federally funded or not.

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TxDOT’s Nondiscrimination Statement

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The Texas Department of Transportation, as a recipient of Federal financial assistance and under Title VI of the Civil Rights Act of 1964 and related statutes, ensures that no person shall on the grounds of race, religion (where the primary objective of the financial assistance is to provide employment per 42 U.S.C. § 2000d-3), color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any Department programs or activities.


Additional Nondiscrimination Authorities

Implementing Regulations

– 49 CFR 21 – Nondiscrimination in Federally-assisted Programs of the Department of Transportation

– 23 CFR 200 – Title VI Program and Related Statutes - Implementation and Review Procedures

Executive Order 12898, entitled “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations”

Executive Order 13166, entitled "Improving Access to Services for Persons with Limited English Proficiency"

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Executive Order 12898 on Environmental Justice (EJ)

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Directs Federal agencies to make environmental justice part of its mission by identifying and addressing the effects of all programs, policies, and activities on “minority populations and low-income populations.”

FTA Circular 4703.1, “Environmental Justice Policy Guidance for FTA Recipients” became effective August 15, 2012.

– The purpose is to provide recipients of Federal Transit Administration (FTA) financial assistance with guidance in order to incorporate environmental justice principles into plans, projects, and activities that receive funding from FTA.


Principles of Environmental Justice

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To avoid, minimize, or mitigate disproportionately high and adverse human health and environmental effects, including social and economic effects, on minority populations and low-income populations.

To ensure the full and fair participation by all potentially affected communities in the transportation decision-making process.

To prevent the denial of, reduction in, or significant delay in the receipt of benefits by minority and low-income populations.


Executive Order 13166 on Limited English Proficiency (LEP)

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Directs Federal agencies to examine the services they provide, identify any need for services to those that are Limited English Proficient (LEP), and develop and implement a system to provide those services so LEP persons can have meaningful access to them.

Was adopted “to improve access to Federally conducted and Federally-assisted programs and activities for persons who, as a result of national origin, are LEP.”

An LEP individual is a person who does not speak English as his or her primary language and who has a limited ability to speak, read, write, or understand English.


Impacts on LEP Individuals

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When language assistance services are not readily available, LEP individuals will be less likely to participate in or benefit from an agency’s programs and services. As a result, LEP individuals:

– May not seek out agency benefits, programs, and services;

– May not provide beneficial information or file complaints; and

– May not have access to critical information provided by your agency because of limited access to language assistance services.


Developing a Language Assistance Plan

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Develop an implementation plan to address the needs of the LEP populations.

The DOT LEP Guidance notes that effective implementation plans typically include the following five elements:

1) Identifying LEP individuals who need language assistance;

2) Providing language assistance measures;

3) Training staff;

4) Providing notice to LEP persons; and

5) Monitoring and updating the plan.


TxDOT’s Language Assistance Plan

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Title VI and Transportation Planning

Federal regulations require that agencies receiving federal funding comply with Title VI requirements during transportation planning activities.

While Title VI and EJ concerns have most often been raised during project development, it is important to recognize that the law also applies equally to the processes and products of planning.

Ensure that social impacts to communities and people are recognized and considered throughout the transportation planning and decision-making process.

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Public Involvement

Public involvement is a key source of input for planning and programming decisions.

Inadequate efforts to reach and involve minority groups can result in denying minorities the opportunity to participate in public decisions on transportation systems and projects directly affecting them.

Develop public involvement processes custom tailored for local conditions. Proactive approaches to ensure adequate minority participation should actively involve minority groups in the development of the processes.

Statewide and metropolitan planning staff responsible for public involvement processes should review operation of all the performance standards in terms of local minority groups.

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6 Potential Title VI Issues and Suggested Mitigation of Adverse Impacts

1. Whether there is effective public involvement/participation.

– Obtain participation from those most directly impacted;– Contact minority community leaders, organizations, media;– Consider availability of information (time, place, language, educational

level);– Conduct adequate number of meetings and hearings; – Consider using citizen advisory committees; and– Consider appropriate meeting location, time, day of week, and

atmosphere;

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2. Whether input from minority groups/persons is seriously considered.

– Actively demonstrate consideration of community input via newsletters, letters, leaflets, or whatever medium that will potentially reach the target group/audience.

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3. Whether there is coordination with Indian tribal governments in statewide metropolitan transportation planning.

– Establish better/effective relationships with Indian tribal governments.

– Training/knowledge of Indian tribal customs and laws that govern their various sovereign nations.

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4. Whether data collection/analysis is adequate.

– Forms, surveys, and other data collection methods designed to obtain the following information:

• Description of community boundaries;

• Racial/ethnic makeup;

• Income levels, tax base; and

• Community services, schools, hospitals, shopping, public safety.

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5. Whether Social, Economic, and Environmental (SEE) effects and impacts have been identified and described.

– Systematic interdisciplinary approach and

– Public involvement techniques such as minority citizen advisory committees.

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6. Whether contracting opportunities for planning studies, corridor studies, or other work have been provided to minorities and women.

– Outreach efforts to minority and women-owned businesses and minority institutions· of higher education.

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Oversight

Oversight of minority participation during review of the metropolitan and statewide public involvement processes is an approach to assuring Title VI compliance. There are three review processes required under the joint planning regulations:

– All MPOs and State DOTs must periodically review metropolitan or statewide public involvement processes to ensure that full and open access is provided.

– FHWA and FTA conduct regular certification reviews that covers compliance with all provisions of the metropolitan planning regulations including public involvement.

– FHWA and FTA conduct triennial reviews on statewide planning processes including the public involvement process.

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External Monitoring Program

In accordance with 23 CFR 200.9(b)(7), TxDOT is required to conduct Title VI reviews of its subrecipients to effectively monitor compliance with Title VI/Nondiscrimination requirements.

TxDOT’s Office of Civil Rights works to prevent discrimination before it occurs through education and technical assistance programs.

Led to the development and implementation of the Title VI/Nondiscrimination Technical Assistance Guide for Subrecipients.

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Developing the Title VI Technical Assistance Guide

TxDOT’s Office of Civil Rights developed the Title VI TAG:– As a resource to assist subrecipients understand and comply with the

requirements of Title VI and related nondiscrimination laws and regulations and;

– To help prepare for a Title VI review.

This guide is a framework upon which subrecipients may build its Title VI program.

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Purpose of the Title VI Technical Assistance Guide

The purpose of the guide is to:– Familiarize subrecipients with the Title VI review process.– Improve a subrecipient’s ability to comply with certain aspects of the

Title VI/Nondiscrimination requirements. – Highlight some recommendations that TxDOT strongly encourages

subrecipients incorporate into their Title VI program.– Facilitate TxDOT’s Title VI review of the subrecipient. – Helps subrecipients better understand, implement, and comply with

FHWA’s requirements. – Assist subrecipients understand and prevent discrimination.

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Title VI/Nondiscrimination Technical Assistance Guide for Subrecipients

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Internal Monitoring Program

In accordance with 23 CFR 200.9 (b)(6), the OCR conducts annual reviews of special emphasis program areas to determine the effectiveness of program area activities at all levels.

Each Federal Program Area will be responsible for the following:– Identify the processes that impact the public;– Schedule reviews to cover all the identified processes within a 3 year

period;– Conduct file reviews of project-related product;– Performing personnel interviews; and– Develop and submit a report to the OCR.

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Reporting to FHWA

TxDOT’s Title VI/Nondiscrimination Plan– Includes all processes/procedures that are associated with effectively

implementing Title VI/Nondiscrimination Program.

TxDOT’s Title VI/Nondiscrimination Work Plan & Accomplishment Report– Updates the FHWA Texas Division Office on an annual basis regarding

how TxDOT is monitoring the implementation of the Title VI/Nondiscrimination Plan.

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TxDOT’s Office of Civil Rights Publications

http://www.txdot.gov/inside-txdot/forms-publications/publications/civil-rights.html– Title VI and You Brochure (English and Spanish)– An Overview of Transportation and Environmental Justice Brochure

(English and Spanish)– Complying with Limited English Proficiency Requirements in the Federal-aid

Highway Program Brochure (English and Spanish)– TxDOT’s Title VI/Nondiscrimination Technical Assistance Guide for

Subrecipients– TxDOT’s Language Assistance Plan– TxDOT’s Title VI/Nondiscrimination Plan– TxDOT’s Title VI/Nondiscrimination Annual Work Plan & Accomplishment

Report

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Questions, Conclusion, and Contact Information

Questions?

Thank you for your participation.

Contact Information:

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Diana MirandaContract Compliance SectionOffice of Civil RightsTexas Department of Transportation 512/[email protected]

Dave R. Tovar Contract Compliance Section DirectorOffice of Civil RightsTexas Department of Transportation 512/[email protected]

Documents

TxDOT’S TITLE VI/ NONDISCRIMINATION PROGRAM