Back Up Next

 

National Limited English Proficient (LEP) Advocacy Task Force

"Can anybody remember when the times were not hard and money not scarce?" – Ralph Waldo Emerson

News, Alerts, Conferences, Jobs
 

February 2, 2003
Introducing.... "The List"...... Is your organization on "The List"? The List

Posted November 3, 2002

NATIONAL LIMITED ENGLISH PROFICIENCY (LEP) ADVOCACY TASK FORCE FILES FEDERAL OFFICE FOR CIVIL RIGHTS COMPLAINT AGAINST PARADISE VALLEY UNIFIED SCHOOL DISTRICT

(Portland, ME — October 31, 2002) THE NATIONAL LIMITED ENGLISH PROFICIENCY (LEP) ADVOCACY TASK FORCE IS FILING MULTIPLE COMPLAINTS WITH THE UNITED STATES DEPARTMENTS OF JUSTICE, EDUCATION, AGRICULTURE, AND HEALTH AND HUMAN SERVICES OFFICES FOR CIVIL RIGHTS ALLEGING PARADISE VALLEY UNIFIED SCHOOL DISTRICT, PHOENIX, ARIZONA DISCRIMINATES AGAINST PARENTS, STUDENTS, AND COMMUNITY MEMBERS ON THE BASIS OF NATIONAL ORIGIN.

The complaints allege that Paradise Valley Unified School District, and specifically, Board President, Tom Horne, has failed to assure that all District services and programs are accessible to persons with limited English skills.

This complaint is filed by participants of the National Limited English Proficiency (LEP) Advocacy Task Force, a civil rights organization that supports the laws prohibiting discrimination on the basis of national origin because of language and cultural differences. Most recently, Tucson Unified School District signed Office for Civil Rights Agreements as the result of a complaint previously filed by this task force.

The Paradise Valley Unified School District complaint specifically alleges that the school district discriminates against LEP students and parents by not providing qualified interpretation (spoken language) or translation (written language) services.

Policies and practices resulting in LEP persons not having an equal opportunity to participate in and benefit from programs receiving federal funds violate Title VI of the Civil Rights Act of 1964. OCR enforces Title VI, which prohibits discrimination on the basis of race, color, or national origin.

According to Kathy Poulos-Minott, coordinator of the National LEP Advocacy Task Force, "Paradise Valley Unified School District routinely fails to provide qualified interpretation and translation services to students and families with limited English. As a result many parents and students are routinely denied equitable participation in school programs and activities. "

"We are requesting that each federal agency providing financial assistance to Paradise Valley Unified School District conduct a comprehensive investigation and assist the District in the development of policies that assure qualified interpretation and translation services in all District programs and activities."

Posted 11/3/02
Department of Justice Coordination and Review adds new information to website. Please visit:
COR website  http://www.usdoj.gov/crt/cor.

 

Phoenix Memorial Hospital signs Resolution Agreement with HHS OCR

Thanks to Thomas Berning, J.D., Litigation Director and the William Morris Institute for Justice----Phoenix Memorial Hospital has recently signed a Resolution Agreement with HHS OCR. The Resolution Agreement is the result of a complaint filed by the William E. Morris Institute for Justice, in February 2002.
 

For more info:

William E. Morris Institute for Justice
305 S. Second Ave, Phoenix, Az 85001   (602) 252-3432 / Fax: 257-8138 / HN0740
100 N. Stone, Suite 305, Tucson, Az 85701   (520) 740-1207 / Fax: 740-9934

http://www.azji.org/

NEWS

September 28, 2002
WP: 30 States Have Multilingual Ballots

PRESS BRIEFING IN D.C:
Racial Inequity in Special Education
. CRP's new book published by Harvard Education Press, explores the inequities experienced by minority school- children in special education and the potential life consequences of such inequities. September 23, 2002.
Where: Holiday Inn, 550 C Street SW

Massachusetts a 'Model' for Nation in Training Medical Interpreters, PRI's 'The World' Reports
September 20, 2002

 

Positions Available
 

Director of Programs-OCA

The Organization of Chinese Americans (OCA), is a national non-profit nonpartisan advocacy organization founded in 1973 and headquartered in Washington, D.C. OCA represents 10,000 members in over 80 chapters and affiliates across the United States. OCA seeks to improve the livelihood of Chinese Americans and Asian Pacific Americans (APAs); promote civic participation at all levels of government; and monitor and advocate on behalf of Asian Pacific Americans to ensure equality and justice.

THE POSITION: The Director of Programs under the direction of the Executive Director is responsible for implementing various educational programs services as they are related to the mission of the organization and its various constituents. In this role, the Director of Programs also handles the development and implementation of membership services and programs.

READ MORE: http://www.civilrights.org/career_center/oca.html
SOURCE: Organization of Chinese Americans

 

Associate Counsel: Poverty Program-Brennan Center

The Center's Poverty Program seeks a full-time attorney to help staff our Economic Justice Project and possibly work as well with our Access to Justice Project. The ideal candidate will combine a law degree with significant experience in labor, workforce or economic development policy.

READ MORE: http://www.brennancenter.org/employment/index.html
SOURCE: Brennan Center for Justice

 

 

 

NLADA Annual Conference
Registration is Open for "JUSTICE IN ACTION," the NLADA ANNUAL CONFERENCE, November 13-16. Follow this link for more information.

New Archives:



 

 

 

 


 

 

 

   
 
 
     
Dr. Hanley Agrees to Work Cooperatively with the National LEP Advocacy Task Force and Issues a Press Release in Response to the News Article: School tells teacher to speak English only
http://www.arizonarepublic.com/arizona/articles/0819nospanish19.html

August 19, 2002

This press release is issued in response to an article that appeared this morning in the Arizona Republic regarding the Isaac School District’s enforcement of Proposition 203. Proposition 203 requires that students receive classroom instruction in English.

 

Unfortunately, there is some confusion over what the principal of P.T. Coe School intended when she encouraged her staff to model good English whenever possible. It is her belief that this type of modeling can take place not only in the classroom but also across the entire campus throughout the day. The principal’s direction was misinterpreted by some teachers and staff. The encouragement to model good English whenever possible was intended to enhance our students’ ability to learn good English. It was not intended to prevent teachers or staff to speak to students in their native language or to diminish a student’s native language or culture. Most classrooms in the district have supplemental materials available to the students.

 

Clearly the district is required to implement and enforce Proposition 203 as it relates to direct classroom instruction. The district will comply with the law by providing direct instruction in the classroom. The law also provides that teachers can use minimal Spanish in the classroom for clarification purposes.

 

The District is very sensitive to the needs of our non-English speaking children and supports the use of their native language. Students in the district have never been told that they cannot use their native language in the halls, cafeteria, or on the playground and they can do so if they desire to. There are also safety and health issues that require that students speak in their native language. We will continue to accommodate the needs of our students and parents.

------------------------------------------------------------------------------------------------------------------------------------------------

On a less than encouraging note, Arizona schools chief Jaime Molera and Tom Pickrell, attorney for the Mesa Unified School District..........

"Molera backs district on its Spanish ban"

Mel Meléndez, Arizona Republic
Tuesday, August 20, 2002
http://www.onenation.org/article.cfm?ID=8078
 

Arizona schools chief Jaime Molera says he still backs a Phoenix school district's plans to ban Spanish from its campuses, even though the Isaac Elementary School District made a hasty retreat Monday from its initial proposal.

"This district's test scores have remained flat, and they want to make academic gains," Molera said. "Immersing the students in English could only help them."

Molera's comments drew the ire of First Amendment advocates and allegations of political opportunism from an opponent in the Sept. 10 Republican primary for superintendent of public instruction.

The controversy erupted Monday after a Republic story quoted P.T. Coe Elementary School teachers saying they had been instructed to address parents and students in English and to encourage students to keep Spanish out of the school's cafeteria, playground and hallways. About 95 percent of the district's 8,800 students are Latino.

"No one in this district has ever told children that they cannot speak Spanish," said Isaac Superintendent Paul J. Hanley. "We've just encouraged our staff to use good English whenever possible."

Molera bristled at allegations that he supported the ban to counteract charges by primary opponent Tom Horne claiming Molera had been lax in implementing Proposition 203's English-only legislation.

"That's garbage. This is about academics, not politics," Molera said. "We're trying to ensure that kids are proficient in English by third grade, and full immersion could help."

Penny Kotterman, president of the Arizona Education Association, said demanding that children speak only English outside of the classroom goes beyond the law. "It harkens back to the days when children were punished for speaking Spanish on campus," she said.

Arizona native Kino Flores, the superintendent of the Tolleson Union High School District, recalled being reprimanded as a student in the Winkelman-Hayden mining area.

"I was paddled every time I spoke Spanish, and that was the only language I knew," Flores said.

Proposition 203 is the anti-bilingual education measure overwhelmingly approved by voters in 2000. It permits limited Spanish to help clarify classroom lessons.

Tom Pickrell, attorney for the Mesa Unified School District, said schools could force teachers to speak only English to students and parents. But he doubted they could keep students from speaking foreign languages outside the classroom.

"There could be pretty significant First Amendment issues linked to a student's right to freedom of speech," he said.

On Monday morning, Valley school officials reacted in disbelief when they learned of Isaac's English-only plan. Many districts, including Mesa, Phoenix Unified, Chandler and Madison in Phoenix, routinely distribute bilingual newsletters and reports and use English-Spanish translators at meetings.

Still, supporters of full immersion said it aids all students, including those who speak foreign languages besides Spanish.

Republic reporters Yvonne Wingett, Pat Kossan, Beth DeFalco, Kristen Go, Lori Baker and Betty Reid contributed to this article.

 

 

Posted August 19, 2002

Palamino drops its bilingual program
http://www.arizonarepublic.com/arizona/articles/0816nepalomino16.html

School tells teacher to speak English only
http://www.arizonarepublic.com/arizona/articles/0819nospanish19.html

 

Posted August 16, 2002

Tennessee Administrative Office of the Courts News

The Tennessee Administrative Office of the Courts has in-language videos in Kurdish, Arabic, Spanish, Vietnamese, Russian, Laotian and English explaining basic rights of defendants, parental rights in abuse and neglect cases and how to obtain orders of protection

http://www.tsc.state.tn.us/

Court adopts new rules regarding ethics and standards for foreign language interpreters. Also See Press Release
Complete Rule 41
Complete Rule 42
------------------------------------------------------------------------------------------

Effective August 13, 2002
Cultural and Linguistic Requirements in Medicaid Managed Care. Final Rule.
http://www.apiahf.org/policy/clrequirements.pdf
------------------------------------------------------------------------------------------

Posted August 7, 2002

Here's some press regarding Tucson... The reporter called it a "Sting".. ..

Sting pushes TUSD translator upgrade

District staff and legal advisers take about six months to develop the plan required under the agreement.

DINA L. DOOLEN
Tucson Citizen
Aug. 5, 2002

Agreement at a glance
When he enrolled at Catalina High Magnet School last February, "Hamid" didn't get a locker or physical education uniform right away.
For several days, he couldn't eat lunch in the cafeteria, either.
That's because his mother couldn't complete the forms. The Tucson Unified School District refused to translate them into the Iranian refugee's native Farsi, the only language she and her son understood.
This year, Hamid and thousands of other Tucson Unified School District students should get better treatment.
Following a sting and a federal investigation, TUSD, which has the largest population of "limited English- proficient" students in the state, agreed to develop policies and procedures for interpretation and translation services.
Federal law requires school districts to provide help for any student whose native language is not English, and TUSD officials insist the needs of those students were already being met.
"Prior to this, the procedures had not been actually written out," Bilingual Department director Leonard Basurto said. "It was like practice that had been in place for a long time."
But an official with the task force conducting the sting said that is hard to prove.
"We like to believe ... when the school system tells us that they have all of the policies and procedures in place," said Kathy Poulos-Minott, task force coordinator. "But unfortunately, we have found out through the years that we need to test the reality of those statements."
Hamid was among the TUSD students enrolled each year whose native tongue is one of 40 to 50 languages other than English. Between 10,000 and 11,000 of the more than 60,000 students in the district are assessed as limited English-proficient.
The most common foreign languages spoken by district students are Arabic, Cantonese, Mandarin, Russian, Spanish and Vietnamese.
The 2001 sting by the independent National Limited English Proficiency Advocacy Task Force identified problems in two TUSD schools.
The task force is a nationwide coalition of groups supporting provisions of the 1964 Civil Rights Act's Title VI, which prohibits discrimination on the basis of national origin because of language and cultural differences.
The sting began in January 2001, when Poulos-Minott came to Tucson for one of the task force's "site visits." A Portland, Maine, resident, she spent her vacation here and volunteered at Jewish Family Services.
"Jewish Family Services thoroughly checked my references and was aware of my work as an advocate," Poulos-Minott said. "If I had told them that I might potentially file complaints ... they probably would not have permitted me to volunteer."
Through the agency, she and others met Hamid's family, one of about 1,000 Iranian families in the Tucson area. His father remains in Iran after recently being released from prison, where he was serving time for his political beliefs and actions, Poulos-Minott said.
The Tucson Citizen agreed not to publish Hamid's real name because his family is worried about retaliation.
When Poulos-Minott helped to registered Hamid at Catalina High, 3645 E. Pima St., school officials asked her to bring an interpreter. She agreed but insisted the school do so in the future. It never did.
Poulos-Minott enrolled her son at another TUSD school, Robins Elementary, 3939 N. Magnetite Lane. Seeing forms and paperwork there written only in English, she began to believe the problem was "systemic."
She highlighted both situations, including general interpretation and translation failures by Catalina High's Family Resource and Wellness Center, in the complaint she filed a year ago with the U.S. Department of Health and Human Services and the U.S. Department of Education.
When TUSD learned of the subsequent federal investigation, it began negotiating a deal. Basurto said the district decided to focus the agreement on its seven FRWC sites. "The Family Resource and Wellness Centers serve often some of our most needy families," he said. "And many times those most needy families are immigrants and refugees, which means (the staffs) are very, very likely to encounter families that are limited English-proficient."
In reaching the agreement, TUSD does not admit fault.
District administrative staff, regional superintendents, legal advisers and other staff took about six months to develop the plan required under the agreements, Montaño said.
It will be implemented this fall, but not by the Aug. 15 start of school, Basurto said. For the most part, the plan must be in place by Sept. 30.
About a dozen documents were translated into the most common foreign languages.
The district uses individuals and private companies for translations and interpretations that district staff cannot handle. District officials say the costs to implement the agreement will be nominal.
All 10,000 TUSD staff members will be instructed in the details of the agreement by the district's Bilingual Education Department staff. And the district has expanded its Translation Services office offerings and consolidated with staff from other departments. Previously, translation services targeted native Spanish speakers.
"There's never been an agreement in a school before that specifically addresses the provision of interpretation and translations in detail," Poulos-Minott said. "These will be model agreements used throughout school systems throughout the entire country."

Email This Email this story


 

------------------------------------------------------------------------------------------

SPECIAL BULLETIN - AUGUST 3, 2002
NCELA Newsline Bulletin & Outlook
The U.S. Department of Education invites comments regarding these proposed regulations
Proposed Title I (Improving the Academic Achievement of the Disadvantaged) Rules.
--------------------------------------------------------------------------------------------------------------

LEP Task Force Participant News
August 3, 2002
From the Latino Legal Assistance Project

Ricardo Flores
Latino Legal Assistance Project * Public Justice Center
500 East Lexington Street * Baltimore Maryland 21202
410-625-9409 * 410-625-9423 fax
floresr@publicjustice.org

The below Memorandum from the Chief Judge of Maryland's Court of Appeals (our highest court) represents a huge and vital shift in Maryland court policy.  Now, MD courts will pay for all interpreters in ALL state court proceedings, in both criminal AND civil cases. 

Kim Propeack, Gusty Taler, and I were among the attorney-advocates that served on the committee which drafted the proposed Maryland Rule which is mentioned in the letter (which you'll hear about later), and we were among the most vocal voices pushing for this new policy.  Obviously, a great deal of the credit goes out to Chief Judge Robert M. Bell, who has been an unparalleled leader in access to court issues. 

MD Advocates are encouraged to use the memorandum when dealing with problematic clerks/court personnel responsible for the provision of interpreters.

MEMORANDUM

To: Chief Judge, District Court of Maryland
Circuit and County Administrative Judges
Circuit Court Clerks
Chief Clerk, District Court of Maryland
Court Administrators

From: Robert M. Bell
Date: June 3, 2002
Subject: Court Interpreters

Effective July 1, 2002, the State of Maryland will begin paying for interpreters used in all cases heard before a court. Procedures that are currently in place for obtaining and paying for an interpreter in a criminal case should be followed when an interpreter is needed in a civil case. Please share this information with all staff responsible for obtaining interpreters for the court.

As part of our commitment to provide access to justice for the citizens of Maryland, I have established a new Committee on Court Interpretation and Translation Services. In our promise to increase public confidence in the courts, this committee has been tasked to develop a plan for this purpose for those individuals in our State who need our assistance in utilizing the many services that the courts have to offer. In the near future, many of you will be asked to provide information to this committee to help them develop this plan which will go a long way in providing a roadmap for this much needed project in the diverse communities in Maryland.

In addition, a new rule covering the use of interpreters in the court has been drafted and is before the Rules Committee. Once this rule is approved, procedures dealing with the use of interpreters will be standardized throughout the state.

Any questions concerning the above information should be addressed to Ms. Deborah Unitus at (410) 260-1291.

cc:     Hon. Audrey J. S. Carrion
Hon. Paul A. Hackner
 Frank Broccolina

 

------------------------------------------------------------------------------------------

July 11, 2002
From the National Health Law Program
Linguistic/Cultural Access News

 

DOJ Letter w/ Additional Clarification on LEP Guidance  (PDF format)

-----------------------------------------------------------------

June 6th, 2002

Tucson Unified School District signs agreement with U.S. Department of Education Office for Civil Rights to resolve an OCR complaint. --    

June 6th, 2002

The Tucson Unified School District signs Resolution with U.S. D.H.H.S. --    

Advocacy
Committees
Documents
LEP 101
Links
News & Alerts
OCR & Case Law
Resource Directory
Promising Practices

Back Home Next