Transportation Services: Better Dissemination and Oversight of DOT's Guidance Could Lead to Improved Access for Limited English-Proficient Populations

The revised guidance, as well as a list of current and planned technical assistance being developed by the FTA Office of Civil Rights, was transmitted to FTA grantees in all regions in June 2006. Furthermore, FTA has been actively working to make FTA regional civil rights officers familiar with the guidance and FTA conducts ongoing workshops to ensure that regional staff understand the guidance.

In April 2007, DOT issued a handbook for transit agencies on implementing the DOT LEP Guidance. This handbook provides templates, examples, guidance, and other information that can assist local agencies (including MPOs) in effectively implementing the DOT LEP guidance. DOT notified grant recipients of this resource as part of a "Dear FTA Grantee" email that notified recipients of the updated Title VI circular, which was published on April 13, 2007.

DOT has taken several actions to publicize the available resources on LEP issues. These actions included: (1) convening civil rights training that includes the LEP guidance in Texas, Ohio, and Maryland in 2006 and planning to conduct 8-10 additional training sessions in 2007 and 2008; (2) posting the latest guidance and information on the appropriate DOT Web sites, e.g., DOT posted a new publication on engaging LEP populations in transportation decision making on its Planning and Capacity Building Web site and it posted FTA presentations on civil rights training sessions on the department's Civil Rights Web site; and (3)notifying grantees of available resources through periodic e-mail letters, for example, the new handbook for implementing the LEP guidance was publicized to grantees through a "Dear FTA Grantee" email.

DOT has revised its Title VI circular to incorporate the Limited English-Proficient (LEP) guidance. The circular requests that all recipients and sub-recipients follow the instructions in the LEP guidance and also includes examples of measures that can be used to overcome barriers that may prevent LEP populations from participating in the public involvement process.

FTA and FHWA have prepared two additional questions to add to the Certification Review Handbook: 1. Has the region performed any analysis as to whether there is a group (or groups) that is (are) limited in their comprehension of the English language? If so, how has the region reached out to this group with their limited English proficiency (LEP)? If not, what steps were taken to address the needs of individuals with limited proficiency in the English language? How are these activities documented in the MPO's Participation Plan? 2. On an annual basis, the MPO self-certifies that it complies with all federal laws and regulations, which includes Title VI of the Civil Rights Act and the need to reach-out to segments of the community that are hard to reach and not traditionally involved in transportation planning. Please describe what groups have been contacted and involved in the planning process and how this outreach has been documented.

To improve consistency across reviews with regard to deficiencies, FTA has revised the instructions in the triennial review handbook to indicate that all recipients are required to conduct a Limited English-Proficient (LEP) needs assessment regardless of whether a complaint has been made. These requirements flow out of the revised Title VI circular that was issued on April 13, 2007, which fully incorporates the LEP guidance. DOT has further committed to on-going monitoring of these review processes to ensure that deficiencies are being defined in a consistent manner.