RESOLUTION

WHEREAS, Title VI of the Civil Rights Act of 1964 and its implementing regulations prohibit discrimination on the basis of race, color, or national origin by any entity that receives federal financial assistance; and

WHEREAS, Executive Order 13166 (Improving Access to Services for Persons with Limited English Proficiency) requires entities receiving federal financial assistance to provide individuals with limited English proficiency meaningful access to their programs and services; and

WHEREAS, meaningful access means, at a minimum, timely access to trained and competent interpreters; translation of applications forms, notices, and letters in a language understood by the individual with limited English proficiency; and notice of the right to free language assistance, provided in a language understood by the recipient; and

WHEREAS, many state programs receive federal financial assistance; and

WHEREAS, currently, the State's language access initiatives are fragmented and uncoordinated; and

WHEREAS, over 26 per cent of Hawaii residents speak a language other than English at home, and over 12 per cent of the population speaks English less than "very well," according to the U.S. Census Bureau's Census 2000; and

WHEREAS, despite state efforts, individuals with limited English proficiency may still be excluded from state services, experience delays or denials of service, or receive care and services based on inaccurate or incomplete information, because of a lack of language access; and

WHEREAS, individuals with limited English proficiency frequently must call upon neighbors, strangers, or even their minor children to interpret or translate for them as they access and receive services from departments; and

WHEREAS, language access is especially important as many of these individuals are applying for programs that provide health insurance, financial, food, educational, or employment assistance that help them to become participating, fully employed, and productive members of the community; and

WHEREAS, revenue shortfalls have resulted in proposed reductions in the Department of Education's English as a Second Language Learners program in the last biennial budget and proposed reductions in the current biennial budget for adult education English classes and Graduate Equivalency Diploma courses for English as a second language speaking adults in adult community schools; and

WHEREAS, the adult education classes provided in adult community schools provide access to basic education courses for adults who need to attend required courses to obtain a Graduate Equivalency Degree or to study for citizenship tests where most students speak English as a second language; and

WHEREAS, because of the lack of a coordinated plan for providing meaningful language access to state programs and services, individuals with limited English proficiency are not able to access programs and services like their English-speaking peers; and

WHEREAS, this disparate treatment may rise to the level of discrimination against individuals with limited English proficiency; and

WHEREAS, legislation that would have created a Language Access Commission was enacted in 2002, but was vetoed by the Governor on technical grounds; and

WHEREAS, creation of a Language Access Commission would have focused and coordinated state efforts to ensure language access to federally-assisted programs and services by individuals with limited English proficiency; and

WHEREAS, the Language Access Commission would have developed a statewide plan to enhance access to programs and services by individuals with limited English proficiency, and monitored the implementation of and compliance with the plan by state agencies; and

WHEREAS, in the absence of a Language Access Commission, it is even more important that each state agency ensure that its policies and practices regarding language access are both adequate and appropriately implemented; and

WHEREAS, in order to assure that individuals with limited English proficiency have equal access to state programs and services, and to ensure compliance with federal law, the State must dedicate resources for language access; and

WHEREAS, resources for language access must be included in the executive budget for all departments, and particularly the Departments of Human Services, Health, and Labor and Industrial Relations; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-Second Legislature of the State of Hawaii, Regular Session of 2003, the Senate concurring, that the Governor is requested to ensure the availability of sufficient resources to provide individuals with limited English proficiency with meaningful access to federally-assisted programs and services, as required by federal law; and

BE IT FURTHER RESOLVED that all executive departments are encouraged to review existing policies and practices to ensure that meaningful access to federally-assisted programs and services is provided to individuals with limited English proficiency, as required by federal law; and

BE IT FURTHER RESOLVED that any deficiencies be addressed and remedied within 90 days or that a written plan to correct the deficiencies be provided along with a timeline; and

BE IT FURTHER RESOLVED that:

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, the Directors of Finance, Health, Human Services, and Labor and Industrial Relations, Superintendent of Education, Chairperson of the Board of Education, and all departments which administer programs or services that receive federal financial assistance, Na Loio no na kanaka, Pacific Gateway, Susannah Wesley Community Center, and other health and human services agencies that provide services to immigrants and non-English speakers contracted by state agencies.

Report Title:

Language Access; Allocation of resources