|
|
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 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. --

|








 |