Tuesday, January 6, 2015

Oregon law requires help for non-English speakers even in diverse communities


Oregon Supreme Court


 Carol Forsloff - “Justice requires that all individuals have meaningful access to the critical services provided by the nation’s state court systems,
regardless of the individual’s English language skills."

This directive from the Justice Department in 2010 included instruction on how
people are to be given help with forms, information and special services
related to the courts.  This comes out of the Title VI of the Civil
Rights Act of 1964, the Omnibus Crime Control and Safe Streets Act (Safe
Streets Act), and their implementing regulations.

The letter explains that applicable civil rights laws require courts
receiving federal financial assistance to provide meaningful access to
all civil, criminal or administrative hearings, at no charge to LEP
individuals.  It further explains that such access should be extended to
LEP parties and other LEP individuals whose presence or participation
is appropriate to the court proceedings, which includes activities
outside the courtroom by court managed service providers.

Education receives money as well, which is why there is language support in the public schools as well as in the courts.

Assistant Attorney General for the Civil Rights Division spoke in 
recognition of the directive on providing language support to LEP individuals.  “As we mark the 10th anniversary of the issuance of Executive Order 13166 this month, it is especially appropriate to remember our shared responsibility to reduce persistent language barriers in court proceedings and services that are of such importance to the daily lives of parties, victims, witnesses and the public.” 


This statement in 2010 by Thomas E. Perez, Assistant Attorney General for the
Civil Rights Division, underlines the requirement of the nation's civil
rights laws that people who don't speak English be given language
support when involved with virtually everything having to do with the
courts.

Oregon is one of those states with a growing Hispanic population.   The state is required by law to give its non-English speaking residents language support in the courts.

Despite the fact Oregon's Hispanic population is growing, overall its
flagship city, Portland, has limited diversity.  "The upshot is that the
Portland metro area is startlingly white viewed against the national
landscape -- even whiter than Salt Lake City, according to the latest
Census Bureau estimates. Metro Portland includes Multnomah, Washington,
Clackamas and Clark counties..  "as LiveLeak underlines and the Oregonian has affirmed.

Regardless of the fact, diversity is less in Portland, Oregon than in
other urban areas, some teachers in the public schools worry that the
entrenchment of Spanish makes it difficult and requires teachers learn
Spanish.  In other areas of the community other people complain about
the same issue.

Not long ago, an interview with a retired teacher found frustration over
language differences to be considerable.  Asking a journalist not to
give her identity, the teacher spelled out the problem as this:

"I had trouble communicating with some of my students, a number of which
that had come with their parents across the border without English
language skills.  While many students will be learning English, there
are still a minority who either have trouble learning a different
language or who demand extra support because they won't learn English,
it presents a problem.

Not only are some teachers frustrated, these days a lot of
advertisements for work in helping communities, such as state social
service agencies, require workers have dual language capability with
both English and Spanish.  This is true in welfare offices as well as in
those agencies involved with the courts.

But this is because state agencies receive federal funds also and are
under specific guidelines about language support that has to be provided
non-English proficient individuals.

In an announcement by the Department of Justice yesterday, a guidance
letter was sent to the states regarding their obligation to provide
language access.

The Justice Department today issued a letter to chief justices and
administrators of state courts underlying the obligation of courts that
receive federal financial assistance to provide oral interpretation,
written translation and other language services to people who are
limited English proficient (LEP).

This year marks the 15th anniversary of Executive Order 13166 which requires federal agencies to ensure that recipients of federal financial assistance comply with Title VI of the Civil Rights Act of 1964 by providing meaningful access to LEP persons.

At the Beaverton Senior Center, many of the seniors who gather there for meals and conversation are immigrants, since the town has easy access to shopping and is on the outskirts of Portland.  Yet many of the immigrants come with a translator.  When some are asked how long they have lived in the United States, most of them say they arrived when they were young adults.  Now at age 65+

It is also a law that continues to plague the citizens of many states where many people need help with English in spite of the fact they may have been in the United States most of their lives and are now elderly.


 



 





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