Department: County Administration
Department Head/Elected Official: Diana Ramirez, County Administrator
Regular or Supplemental RCA: Supplemental RCA
Type of Request: Grant
Project ID (if applicable): N/A
Vendor/Entity Legal Name (if applicable): Houston Endowment
MWDBE Contracted Goal (if applicable): N/A
MWDBE Current Participation (if applicable): N/A
Justification for 0% MWDBE Participation Goal: N/A - Goal not applicable to request
Request Summary (Agenda Caption):
title
Request by the Office of County Administration for approval to accept an award from the Houston Endowment, Inc., for grant funds in the amount of $515,000, with no required match, for the Language Access Office program.
end
Background and Discussion:
Harris County Demographics
According to the US Census Bureau, 26.2% of Harris County’s 4,780,913 residents are foreign-born with an estimated 11.2% (194,950) of households in Harris County being “limited English speaking” and 851,708 residents who speak English less than “very well.” The US Census Bureau also reported that net international migration in Harris County increased rapidly, from 13,919 in 2020-2021, to 37,268, in 2021-2022. The 2021 American Community Survey (ACS) indicates that the following are the most frequently used non-English languages spoken at home in Harris County:
1. Spanish,
2. Vietnamese,
3. Chinese,
4. Arabic, and
5. French.
Language Access Federal Requirements
Language access is mandated at the federal level through Title VI of the Civil Rights Act and Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” which prohibit any program or activity receiving federal funding from discriminating on the basis of race, color, and national origin. Both Title VI and Executive Order 13166 mandate that recipients of federal funding provide meaningful access to their programs for individuals with limited English proficiency (LEP).
The enforcement of these federal requirements includes policy guidance from the Department of Justice’s (DOJ) Civil Rights Division on how recipients are required to assure that LEP individuals have “meaningful access” to their programs and activities. The DOJ articulates four factors to be considered:
1. “The number or proportion of LEP persons served or encountered in the eligible service population;
2. The frequency with which LEP individuals come in contact with the program;
3. The nature and importance of the program, activity, or service provided by the program."
The US Attorney General issued a memorandum titled, “Federal Government's Renewed Commitment to Language Access Obligations Under Executive Order 13166,” in February 2011, which expands upon the expectations placed on federal agencies and recipients of federal aid. The memorandum outlines eight action items that federal agencies can take to implement Executive Order 13166. Among the action items are for agencies to:
• Evaluate the agency’s response to LEP needs by “conducting an inventory of languages most frequently encountered, identifying the primary channels of contact with LEP community members (whether telephonic, in person, correspondence, web-based, etc.), and reviewing agency programs and activities for language accessibility,” and,
• Develop a schedule to regularly evaluate and update the agency’s “LEP services and LEP policies, plans, and protocols.”
Federal agencies are also requested to provide guidance for recipients of financial assistance on their fulfillment of LEP obligations, to periodically review recipients’ compliance, and to provide technical support and enforcement action, where needed.
Harris County Needs
Certain public-facing Harris County departments offer programs and services in multiple languages to limited English proficient (LEP) residents; however, there are deficiencies in understanding the needs of LEP residents served by the County as a whole. As Harris County’s population becomes more diverse, and as County departments capitalize on federal funding opportunities, Harris County requires a more cohesive approach to language access. According to the Harris County Office of Management and Budget, in Fiscal Year (FY) 2023, more than half of County departments used additional grant financing to support delivery of public services. During the first ten months of FY2023, Harris County received a total of $650 million in grant funding, from a combination of the American Rescue Plan Act (ARPA), Community Development Block Grant (CDBG) programs, and Flood Control.
Where services are already provided in Harris County, gaps regarding availability of interpretation services and translated materials exist due to the sheer volume of individuals being served by the County’s programs and activities. Previous research conducted by the Harris County Commissioners Court’s Analyst’s Office indicated that a gap in services existed in certain District Court civil proceedings, despite the provision of court interpreters at no cost in certain criminal, juvenile, and other proceedings, and the adoption of an LEP for court proceedings by Commissioners Court in 2012. The gap of interpreter services could potentially implicate Harris County as being in violation of Title VI of the Civil Rights Act.
Anecdotal evidence from 2021 indicates that LEP residents trying to access services in select Harris County courts, other justice-related departments, and Commissioners Court were often told to provide and pay for their own private interpreters. LEP residents also encountered challenges related to the lack of translated documents in some departments.
Project Description
To accurately gauge the needs of Harris County’s limited English proficiency (LEP) population and subsequently develop an LEP plan that focuses on the provision of language access services, Harris County is in need of a countywide assessment, with specific emphasis on the four factors articulated by the DOJ’s guidance on implementing Title VI of the Civil Rights Act. To date, there has never been a countywide effort to capture data on the language access needs of LEP residents participating in Harris County programs and activities, nor has there been an understanding of which departments already provide language access services.
To spearhead these efforts, a Language Access Office (LAO) with two full-time equivalency (FTE) staff members can be established under the Research and Analysis Division (RAD)- Analyst's Office, within the Harris County Office of County Administration (OCA). The Harris County OCA oversees 16 Harris County departments, 13 of which are public- facing departments that provide services directly to residents. Given that the LAO will be housed in the OCA, the LAO may begin its work with assessing the data and services of the 13 public-facing OCA departments. Other public-facing departments not under the purview of the OCA would also be encouraged to adopt the countywide language access plan.
The LAO may use the two action items highlighted from the Attorney General’s memorandum as guidance for assessing LEP needs in Harris County through evaluating languages encountered in Harris County programs and activities, identifying main areas of contact with LEP members of the community, reviewing County programs and activities for language access, and developing a schedule for evaluating and updating Harris County’s LEP services and related policies.
The LAO will be tasked with focusing on:
• Collecting data on County LEP demographics and residents’ needs and encounters;
• Assessing LEP residents’ use of County departments’ programs and activities;
• Identifying existing County language access services and resources as well as gaps;
• Developing a comprehensive Countywide LEP plan; and,
• Establishing a strategy and making recommendations for prioritizing and utilizing existing resources based on the nature and importance of the service, the number of LEP individuals served, and the frequency of contact of LEP individuals with a program or activity, as stipulated by the DOJ’s guidance.
Methods and Strategies
The Language Access Office (LAO) will:
Collect demographic data on a biennial basis regarding language needs in Harris County. Data sources that could provide these demographics are:
• Most recent and relevant US Census and American Community Survey (ACS)
• Local School Districts
• Harris County Public-Facing Departments (Harris County Public Health, Community Services Department, Domestic Relations Office)
• Public Defender’s Office
• Local professional interpreter associations such as Houston Interpreters and Translator Association (HITA)
• Local legal aid and community-based organizations that work closely with immigrant and refugee populations
• Assess Harris County departmental programs and activities which serve LEP residents, existing LEP efforts, and gap areas. Determine which County departments already have language access plans and/or implement services for LEP residents.
• Identify active language access contracts in Harris County and other existing resources in the County.
• Determine whether existing contracts sufficiently address Harris County’s language access needs.
• Review language access models from other large counties that can serve as an example for expansion of Harris County’s language access services.
Expected Impact:
The proposed Language Access Office (LAO) will be staffed by two full-time equivalency (FTE) staff members, a manager and an analyst. The LAO staff will be housed in the Research and Analysis Division (RAD) under the Office of the County Administration.
The LAO would develop a comprehensive Countywide LEP plan; and,
• Establish a strategy and make recommendations for prioritizing and utilizing existing resources based on the nature and importance of the service, the number of LEP individuals served, and the frequency of contact of LEP individuals with a program or activity, as stipulated by the DOJ’s guidance.
By the end of year one, the LAO will have completed a needs assessment report for transmittal and presentation to the Harris County Commissioners Court, and presentation to the Houston Endowment Board of Directors.
By the end of year two, the LAO will have completed a countywide LEP services plan, with emphasis on resource prioritization, strategies for expanding LEP services, and next steps.
Alternative Options:
This is a proposed new program.
Alignment with Goal(s):
_ Justice and Safety
_ Economic Opportunity
_ Housing
_ Public Health
_ Transportation
_ Flooding
_ Environment
X Governance and Customer Service
Prior Court Action (if any):
|
Date |
Agenda Item # |
Action Taken |
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10/10/2023 |
193 |
Court approved the submission of an application to Houston Endowment, Inc., for grant funds in the amount of $515,000, with no required match, for the Language Access Office Program. |
Location:
Address (if applicable): N/A
Precinct(s): Countywide
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Fiscal and Personnel Summary |
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Service Name |
Language Access Office |
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Current Fiscal Year Cost |
Annual Fiscal Cost |
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Non-Labor |
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Funding Sources |
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Existing Budget |
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FY24 portion |
FY25 Portion |
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Grant |
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$255,000 |
$260,000 |
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Total Current Budget |
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$255,000 |
$260,000 |
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Additional Budget Request (Requires Fiscal Review Request Form) |
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Grant |
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Total Additional Budget Request |
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$ |
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Total Funding Request |
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$255,000 |
$260,000 |
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Personnel (Fill out section only if requesting new PCNs) |
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Current Position Count for Service |
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Additional Positions Request |
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Total Personnel |
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Anticipated Court Date: February 27, 2024
Anticipated Implementation Date (if different from Court date): 3/1/24
Emergency/Disaster Recovery Note: Not an emergency, disaster, or COVID-19 related item
Contact(s) name, title, department: Will Janowski, Assistant Director, Office of County Administration, Research and Analysis Division (RAD)
Attachments (if applicable): Court Order Houston Endowment, Grant Update-Houston Endowment Email, Houston Endowment Language Access Office Grant Contract