2. INTRODUCTIONS Name Hometown Transit Agency (5310, 5311,
Intercity) Experience with Transit or Human Service Agency
Administration Experience with Title VI Diversity in Your Service
Area
3. nebraskatransit.com
4. INTRODUCTION AND BACKGROUND The Nebraska Department of Roads
(NDOR) has devised this training in order to ensure that each NDOR
sub-recipient, at an early time and in a regular manner, is
informed of and compliant with the Federal Transit Administrations
(FTA) Title VI requirements.
5. PROGRAM OBJECTIVES The direction, guidance and procedures in
this training is to assist subrecipients to: Ensure that the level
and quality of public transportation service is provided in a
nondiscriminatory manner; Promote full and fair participation in
public transportation decision-making without regard to race,
color, age, national origin, disability or sex; Ensure meaningful
access to transit-related programs and activities by persons with
limited English proficiency.
6. AGENDA 1. Overview of Statewide Access to Public
Transportation 2. Review Title VI Regulations and Reporting
Requirements 3. Discuss Manual Development Timeline 4. Q&A
8. RURAL PUBLIC TRANSIT SERVICE PROVIDERS City-wide Service
County Service
9. INTERCITY BUS ROUTES Note: There are 12 first class cities
that do not have scheduled stops and which are not on the routes of
those providers that make additional stops.
10. NEBRASKATRANSIT.COM
11. PERCENTAGE OF PERSONS LIVING IN HOUSEHOLDS WITH NO VEHICLE
AVAILABLE BY AGE Source: U.S. Census Bureau, 2010-2012 American
Community Survey Public Use Microdata Sample, Prepared by UNO
Center for Public Affairs
14. STATUTORY AUTHORITY Section 601 of Title VI of the Civil
Rights Act of 1964 states the following: No person in the United
States shall, on the ground of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving
Federal financial assistance. This training is meant to provide
guidance on the transit-related aspects of a subrecipient s
activity. Recipients are responsible for ensuring that all of their
activities are in compliance with Title VI and administered in a
nondiscriminatory manner.
15. EXAMPLES OF DISCRIMINATORY PRACTICES Denying benefits or
opportunities Providing services/benefits in a different manner or
in a segregated environment Retaliation Restricting privileges
National Origin / Limited English Proficiency (LEP)
Discrimination
16. DISPARATE TREATMENT VS. DISPARATE IMPACT Disparate
treatment means discrimination against an individual. Disparate
impact means discrimination that occurs as a result of a neutral
policy which appears harmless on the surface, but negatively
affects a group of people. Example: When hiring laborers, an
employer required applicants to have a high school diploma. The
diploma requirement screened out vastly more Hispanics than it did
whites. Therefore, there was a disparate impact based on race, even
though there was no intentional discrimination.
17. RETALIATION Retaliation occurs when a recipient or another
person intimidates, threatens, coerces, or discriminates against
any individual for the purpose of interfering with any right or
privilege secured by Title VI, or because a person made a
complaint, testified, assisted, or participated in any manner in an
investigation or proceeding under Title VI and 28 CFR 42.107
18. YES IT HAPPENS EVEN HERE
19. TITLE VI COMPLIANCE PLANS ARE NOT MADE FOR BOOKSHELVES
20. Comply with Title VI Regulations Provide Title VI
Assurances Develop Title VI Complaint Procedures and Forms Record
and Report Transit-related Title VI Investigations Promote Public
Participation Provide Access to LEP Persons Minority Representation
on Planning Boards Train Staff Annually Maintain a Compliance
Officer SUBRECIPIENT REQUIREMENTS
21. Comply with Title VI Regulations Provide Title VI
Assurances Develop Title VI Complaint Procedures and Forms Record
and Report Transit-related Title VI Investigations Promote Public
Participation Provide Access to LEP Persons Minority Representation
on Planning Boards Train Staff Annually Maintain a Compliance
Officer SUBRECIPIENT REQUIREMENTS
22. WHAT ARE THE TITLE VI REGULATIONS? Subrecipients must
submit six key pieces of information to the Nebraska Department of
Roads Transit Unit Section annually, including the following
information: (1) A copy of the subrecipient s Title VI notice to
the public. (2) A copy of the subrecipient s instructions to the
public regarding how to file a Title VI discrimination complaint.
(3) A list of any public transportation-related Title VI
investigations, complaints, or lawsuits filed with the recipient
since the time of the last submission.
23. TITLE VI REGULATIONS CONTINUED (4) A public participation
plan that includes an outreach plan to engage minority and limited
English proficient populations, as well as a summary of outreach
efforts made since the last Title VI Program submission. (5) A copy
of the subrecipient s plan for providing language assistance to
persons with limited English proficiency, based on the DOT LEP
Guidance, including Safe Harbor language. (6) Subrecipients that
have transit-related, non-elected planning boards, advisory
councils or committees, must provide a table depicting the racial
breakdown of the membership of those committees, and a description
of efforts made to encourage the participation of minorities on
such committees or councils.
24. Comply with Title VI Regulations Provide Title VI
Assurances Develop Title VI Complaint Procedures and Forms Record
and Report Transit-related Title VI Investigations Promote Public
Participation Provide Access to LEP Persons Minority Representation
on Planning Boards Train Staff Annually Maintain a Compliance
Officer SUBRECIPIENT REQUIREMENTS
25. TITLE VI ASSURANCES Subrecipients of FTA transit programs
are required to submit a signed copy of the Certifications and
Assurances (Certification of Compliance with Civil Rights) to NDORs
Transit Section as a part of the annual application process for
operating assistance and capital purchases. All program
subrecipients are responsible for ensuring that contractors,
volunteers, and drivers follow and comply with Title VI program
requirements.
26. WHAT AM I ASSURING THE AMERICAN PUBLIC We will notify the
public of Title VI We will ensure public knowledge is comprehensive
We will inform them of what to do should they need to exercise
their rights
27. EXERCISE: REFLECTION Think about your heritage What is the
ethnicity of your family? What language(s) did they speak when they
came to America? Why did they come to America? 32
28. DISCUSSION: IN THE PRESENT Are their individuals in your
service area who do not speak English? Why did they come to
America? Why do they need access to public transportation? Self
Education Childrens Education Employment Medical Care Basic Needs
33
29. Comply with Title VI Regulations Provide Title VI
Assurances Develop Title VI Complaint Procedures and Forms Record
and Report Transit-related Title VI Investigations Promote Public
Participation Provide Access to LEP Persons Minority Representation
on Planning Boards Train Staff Annually Maintain a Compliance
Officer SUBRECIPIENT REQUIREMENTS
30. TITLE VI COMPLAINT PROCEDURES Right to File Anyone who
wishes to file a Title VI discrimination complaint, involving the
federal transit programs, against NDOR may submit the complaint in
writing to FTA. Persons eligible to file complaints are persons who
feel they were subjected to discrimination or retaliation on the
basis of: Race Color National origin How to File Complaints may be
filed by the affected individual OR a representative of that
individual Complaints MUST be in writing and contain as much
information as possible about the alleged discrimination. NDORs
Transit Section has prepared a Complaint Form to be used for the
convenience of the complainant. The written complaint should
include the following: Complainant's name, address and telephone
number A detailed description of the issues Name and job titles of
individuals perceived as parties in the complaint Complaints
received by telephone will be placed in writing and provided to
complainant for confirmation or revision, and signature before
processing.
31. TITLE VI COMPLAINT PROCEDURES Filing a Complaint Process
Complaints may also be filed with the State and Federal Transit
Administration: 1. Local transit provider 2. State of Nebraska
Nebraska Department of Roads Kari Ruse, Transit Liaison Manager
1500 Highway 2 PO Box 94759Lincoln, NE 68509-4759 402-479-4694
[email protected] 3. Federal Transit Administration Office of
Civil Rights Attention: Title VI Program Coordinator East Building,
5th Floor TCR 1200 New Jersey Ave., SE What Information Should be
Included? What information should be included in the complaint from
the complainant? Location of discrimination activity Name, address
and telephone number of complainant A detailed description of the
issues Name and job titles of individuals perceived as parties in
the complaint
32. A COMPLAINT IS NOT OFFICIAL UNTIL
33. COMPLAINT IS NOT OFFICIAL UNTIL IT IS IN WRITING
34. Comply with Title VI Regulations Provide Title VI
Assurances Develop Title VI Complaint Procedures and Forms Record
and Report Transit-related Title VI Investigations Promote Public
Participation Provide Access to LEP Persons Minority Representation
on Planning Boards Train Staff Annually Maintain a Compliance
Officer SUBRECIPIENT REQUIREMENTS
35. RECORD AND REPORT COMPLAINTS Investigation of a Complaint
As part of the review, the investigator will at minimum: - Gather
relevant documentation from the complainant not included in the
complaint, such as forms, memos, letters, and photographs -
Maintain log of all activities associated with complaint - Complete
Investigative Report of information, findings, photos, and
recommendations for corrective action to the Federal Transit
Administration. A copy of the complaint, together with a copy of
the State's report of investigation, shall be forwarded to the FTA
Region VII office in Kansas City, MO within 60 days of the date the
complaint was received by NDOR. Dismissal of a Complaint A decision
to dismiss a complaint by NDOR can be done for the following
reasons: 1. The complaint was not filed within 180 days. 2. The
complaint is not covered by the statutes for which NDOR is
responsible. 3. The complaint does not allege any harm covered
under by the statutes for which NDOR is responsible. 4. The
complainant requests the withdrawal of the complaint. 5. The
complainant fails to respond to repeated documented requests for
additional information needed to process the complaint. 6. The
complainant cannot be located after documented reasonable
attempts.
36. LETTERS OF FINDING, COMPLAINTS AND LAWSUITS In the event of
a complaint or lawsuit being filed within the transit programs, a
log will be maintained by the Agency & NDOR to include the
following information: Date the complaint/lawsuit was filed Summary
of the allegations Status of the investigation Actions taken by the
recipient/sub recipient in response to the complaint/lawsuit and
investigation. Documentation to be retained includes the complaint
form and a summary of the findings.
37. NDOR COMPLAINT PROCESS All agency complaints are reported
to NDOR NDOR will notify FTA. NDOR issues complainant a letter of
acknowledgement. NDOR and Agency Investigate within 30 days of
knowledge of the incident. Complainant has 15 days to supply
requested information. NDOR issues complainant a letter. Letter of
Finding (complaint is Title VI and meets requirements) Closure
Letter (complaint does not meet Title VI requirements or
eligibility) Complainant has 30 days to respond / refuse.
38. Comply with Title VI Regulations Provide Title VI
Assurances Develop Title VI Complaint Procedures and Forms Record
and Report Transit-related Title VI Investigations Promote Public
Participation Provide Access to LEP Persons Minority Representation
on Planning Boards Train Staff Annually Maintain a Compliance
Officer SUBRECIPIENT REQUIREMENTS
39. PROMOTE PUBLIC PARTICIPATION Subrecipients have wide
latitude to determine how, when, and how often specific public
participation activities should take place, and which specific
measures are most appropriate. Public participation activities
should include the following: Public meetings conducted at
convenient and accessible locations at convenient times. The use of
visuals to describe plans and projects. Public information should
be available in an electronic accessible format (i.e. Internet).
Outreach activities to minority and low income populations can
include direct mailing to minority populations to make them aware
of public meetings being held in the community and to make them
aware of available transportation services.
40. PUBLIC PARTICIPATION How do you involve the public in your
service area?
41. Comply with Title VI Regulations Provide Title VI
Assurances Develop Title VI Complaint Procedures and Forms Record
and Report Transit-related Title VI Investigations Promote Public
Participation Provide Access to LEP Persons Minority Representation
on Planning Boards Train Staff Annually Maintain a Compliance
Officer SUBRECIPIENT REQUIREMENTS
42. WHAT DOES LEP STAND FOR? Limited English Proficiency
51
43. DEFINING & SERVING LEP POPULATIONS 52
44. PROVIDING ACCESS TO LEP PERSONS Limited English Proficient
Persons (LEP) are defined in FTA Circular 4702.1A as: persons for
whom English is not their primary language and who have a limited
ability to speak, understand, read, or write English.
45. FINDING LEP PERSONS DATA American Community Survey
http://www.census.gov/acs/www/ Simple 3 click process 54
46. 55
47. 56
48. 57
49. DEMOGRAPHIC DATA VS. LEP POPULATION Demographic Data =
Ethnicity or Country of Origin LEP Data = Ability to Speak English
58
50. NEBRASKA TRANSIT WEEK!
51. WHAT DOES LEP STAND FOR? Limited English Proficiency
60
52. SERVING LEP POPULATIONS Book a trip (dispatchers &
drivers) Date, time, address, travelers Request a special need,
wheel chair, disability, or other accommodation. File a complaint
(receptionist & transit manager) Ask a question (all members of
staff) Resources: Translator or LanguageLine 61
53. The Safe Harbor Provision as defined by the Department of
Justice stipulates that if a recipient provides written translation
of vital documents for each eligible LEP language group that
constitutes five percent (5%) or 1,000 persons, whichever is less,
of the total population of persons eligible served or likely to be
encountered, then such action will be considered strong evidence of
compliance with the recipients written translation obligations.
SAFE HARBOR PROVISION
54. SAFE HARBOR PROVISION Translate and provide all public
written documents: Title VI posters Vehicle Posters Websites Flyers
Public meeting handouts All languages that constitute: 5% or 1,000
individuals in your service area whichever is less 63
55. . .
56. VI
57. Tiu Bang Nebraska cung cp n chng trnh v dch v bt k chng tc,
mu da, ngun gc quc gia theo Tiu VI ca o Lut Dn Quyn. Bt k ngi no
tin tng rng mnh c khiu ni v bt k thc hnh phn bit i x bt hp php theo
Title VI c th np n khiu ni.
58. El Estado de Nebraska lo ofrece programas y servicios, sin
distincin de raza, color y origen nacional, de conformidad con el
Ttulo VI del Acta de Derechos Civiles. Cualquier persona que crea
que ha sido agraviada por cualquier prctica discriminatoria ilegal
bajo el Ttulo VI puede presentar una queja.
59. The State of Nebraska offers it programs and services
without regard to race, color and national origin in accordance
with Title VI of the Civil Rights Act. Any person who believes he
or she has been aggrieved by any unlawful discriminatory practice
under Title VI may file a complaint.
60. WHAT IS THE SAFE HARBOR THRESHOLD? 5% or 1,000 persons
Whichever is less 95% of people have access to information from
publicly provided resources 70
61. Comply with Title VI Regulations Provide Title VI
Assurances Develop Title VI Complaint Procedures and Forms Record
and Report Transit-related Title VI Investigations Promote Public
Participation Provide Access to LEP Persons Minority Representation
on Planning Boards Train Staff Annually Maintain a Compliance
Officer SUBRECIPIENT REQUIREMENTS
62. MINORITY REPRESENTATION ON PLANNING BOARDS Title 49 CFR
Section 21.5(b)(1)(vii) states that a recipient may not, on the
grounds of race, color, or national origin, deny a person the
opportunity to participate as a member of a planning, advisory, or
similar body which is an integral part of the program. Recipients
that have transit-related, nonelected planning boards, advisory
councils or committees, or similar committees, the membership of
which is selected by the recipient, must provide a table depicting
the racial breakdown of the membership of those committees, and a
description of efforts made to encourage the participation of
minorities on such committees:
63. IN YOUR MANUALS
64. Comply with Title VI Regulations Provide Title VI
Assurances Develop Title VI Complaint Procedures and Forms Record
and Report Transit-related Title VI Investigations Promote Public
Participation Provide Access to LEP Persons Minority Representation
on Planning Boards Train Staff Annually Maintain a Compliance
Officer SUBRECIPIENT REQUIREMENTS
65. TRAIN YOUR STAFF ANNUALLY
66. Comply with Title VI Regulations Provide Title VI
Assurances Develop Title VI Complaint Procedures and Forms Record
and Report Transit-related Title VI Investigations Promote Public
Participation Provide Access to LEP Persons Minority Representation
on Planning Boards Train Staff Annually Maintain a Compliance
Officer SUBRECIPIENT REQUIREMENTS
67. MAINTAIN A COMPLIANCE OFFICER Main Point of Contact for all
Title VI Matters Phone Calls / Investigations Files Forms Submits
Manual to the Board Make sure this is updated and all staff know
who this person is & when to contact them! Dispatchers Bus
Drivers
68. Comply with Title VI Regulations Provide Title VI
Assurances Develop Title VI Complaint Procedures and Forms Record
and Report Transit-related Title VI Investigations Promote Public
Participation Provide Access to LEP Persons Minority Representation
on Planning Boards Train Staff Annually Maintain a Compliance
Officer REVIEW SUB RECIPIENT REQUIREMENTS
69. REVIEW THE CHECKLISTS 5310s Not for Profit 5311 Public
Serving Entities
70. 6 STEP PROCESS & TIMELINE Step 1: Interview for 4
Factor Analysis, survey data, etc. with Aaron or Franchell Step 2:
Aaron will draft your manual based upon your Interview and service
area Step 3: Your agency will review the draft and edit until all
needs met Step 4: Your agency will send the final document to your
board for approval Step 5: You send the meeting minutes and signed
document to Aaron/NDOR Step 6: Update annually for Title VI
Compliance Officer, Board of Directors Updates, and service area
changes 5311s Public Service Entities May & June 5310s
Non-Profit Clients July - November
