Title VI of the Civil Rights Act of 1964 (Race, Color, National Origin) and Executive Order 13166 (Limited English Proficiency)

Indeed, the purpose behind Title VI was simple: Federal dollars should not be used to fund or subsidize discrimination. In the five decades since passage of the law, Title VI has done much to better ensure access and opportunity in a host of important areas, including education, health care, and transportation.

At NASA, we have primarily focused our Title VI efforts in an area reflective of the Agency's space exploration, scientific, and education missions, that is, NASA-funded cultural institutions serving the public, such as museums, planetariums, and science centers.

Recipients also have the responsibility to ensure meaningful access to their programs and activities for persons with limited English proficiency (LEP). This responsibility derives in part from the Title VI regulatory prohibition against recipients utilizing methods of administration which have the effect of subjecting individuals to discrimination because of their national origin, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program as respects individuals of a particular national origin.

The regulations further state that a recipient, where it determines that the services and benefits of the program or activity it administers may not in fact be equally available to some racial or nationality groups, may properly give special consideration to race, color, or national origin to make the benefits of its program more widely available to such groups, not then being adequately served.

In addition, Executive Order 13166 , Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), directed each Federal agency that extends assistance subject to the requirements of Title VI, to clarify Agency recipients' obligations regarding LEP, consistent with the compliance standards and framework detailed in the U.S. (DOJ), Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons (67 Fed. Reg. 41455) (June 18, 2002).

The NASA Title VI regulations also prohibit a recipient from utilizing methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, or national origin, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program as respect to individuals of a particular race, color, or national origin.

Using the illustrative applications and the provision on methods of administration, NASA seeks to determine whether grant recipients are in conformity with the equal opportunity requirements of the regulations, specifically with regard to institutional and program methods of administration, including a range of policies, procedures, and practices affecting students discussed below.

The NASA policy guidance emphasized that in order to avoid discrimination against LEP persons on the grounds of national origin, recipients of NASA FFA must take adequate steps to ensure that people who are not proficient in English can effectively participate in and benefit from the recipient's programs and activities. Therefore, consistent with the guidance, LEP persons should expect to receive the language assistance necessary to afford them meaningful access to the recipients' programs and activities, free of charge.

Under the NASA Title VI LEP Guidance, appropriate efforts to determine the extent of the obligation to provide LEP services require each recipient to develop an analysis based on the Four Factors, which include:

5. The number or proportion of LEP persons eligible to be served or likely to be encountered by the program or recipient and
6. The frequency with which LEP individuals come in contact with the program
7. The nature and importance of the program, activity, or service provided by the program to people's lives
8. The resources available to the recipient/recipient and costs

The intent of the NASA Title VI LEP Guidance regarding the Four Factors is to suggest a balance that ensures meaningful access by LEP persons to critical services while not imposing undue burdens on small business, small local governments, or small nonprofits. After applying the Four Factor Analysis, a recipient may conclude that different language assistance measures are sufficient for the different types of programs or activities in which it engages. Under NASA's Title VI LEP Guidance, the more important the activity, information, service, or program, or the greater the possible consequences of the contact to the LEP individuals, the more likely language services are needed. A recipient needs to determine the implications of denial or delay of access, e.g., life-threatening, to services or information for the LEP individual. Indeed, perhaps the most important kind of program or service referred to in the NASA Title VI LEP Guidance is that which is "life-threatening." While the nature of NASA programs and services receiving FFA, such as science centers, is normally not life-threatening, these recipients' programs may be said to be life-enhancing or enriching, and as such have unique importance to those seeking to experience them.

The development and maintenance of a periodically-updated written Language Access Plan (LAP) for LEP persons for use by recipient employees serving the public will likely be the most appropriate and cost-effective means of documenting compliance and providing a framework for the provision of timely and reasonable language assistance.

Further, a written LAP provides the basis for fully leveraging the Four Factor Analysis to provide meaningful access to programs and services for LEP individuals. This means undertaking a number of practical, "real-world" steps, including, but not limited to, helping employees to identify the language(s) of the LEP persons they encounter; providing appropriate language assistance measures and training of staff, e.g., how to respond to LEP individuals who have in-person contact with staff; and providing notice to LEP persons of language services available.

Two recent LEP guidance documents from the DOJ, "Language Access Assessment and Planning Tool for Federally Conducted and Federally Assisted Programs " (May 2011) and "Common Language Access Questions, Technical Assistance and Guidance for Federally Conducted and Federally Assisted Programs " (August 2011), provide in-depth information to Federal agencies and their grant recipients on developing and implementing LAPs consistent with LEP requirements.

These new guidance documents build on the original "Four Factor" analysis by identifying the components parts of an effective LAP. These include:

• Identification of persons who will implement the plan
• Identification and assessment of LEP communities
• Identification of funding and procurement issues
• Notice of language assistance services
• Staff training on policies and procedures
• Collaboration with LEP communities and other stakeholders
• Monitoring and updating of policies, plan and procedures
• Description of timeframe, objectives and benchmarks

Recipients should continue to carefully review DOJ's May and August 2011 LEP guidance documents to incorporate key Plan elements identified by DOJ not already explicit in the recipient's Plan. For example, DOJ guidance recommends that LEP Plans for recipients should "detail the chains of command for authority and oversight and explain any coextensive responsibility and coordination with other agencies, divisions, and offices." The guidance documents also provide further explanation and detail regarding, for example, the roles and responsibilities of an LEP coordinator, the establishment of a process for LEP individuals to provide feedback if they believe they are being denied services because of their lack of English proficiency, the development of multilingual Web sites, the purposes and utility of monitoring and updating LEP Plans, hiring and utilization of bilingual staff, and considerations for assessing current staff's ability to provide language assistance. These are just a few examples of the kinds of information provided in the guidance that recipients may wish to use to further enhance their LEP Plan.

Recipients should focus particularly on sections of the DOJ guidance documents dealing with translation of vital information and hiring, training, and utilization of bilingual staff. These areas bear close and continuing scrutiny by recipients. In addition, we recommend that recipients imbue their Plans with appropriate timeframes, objectives and benchmarks consistent with DOJ guidance.

Recipients should also obtain a copy of DOJ's video series , Overcoming Language Barriers, designed as a training tool for management and language coordinators of Federal agencies and recipients seeking to improve their ability to provide meaningful access to LEP individuals.¹

Under Factor 3, the museum addressed the nature and importance of its programs and services through written discussion and analysis of the museum's exhibits and displays and an assessment as to which ones required additional efforts to ensure that LEP individuals have meaningful access to them. For this factor, the museum also included planned actions for how and when the museum would provide the needed adjustments and enhancements on an exhibit-by-exhibit basis to ensure such access.

This analysis also included language services to enhance visitor safety during visiting hours and in emergency situations. The Exploratorium carefully explored the most cost-effective means of delivering competent language services and accurate language services before limiting services due to resource concerns, recognizing that as a large entity serving a significant number or proportion of LEP persons, to the extent that the museum's Four Factor Analysis called for the museum to limit language assistance services, the museum should ensure that's its resource limitations are well-substantiated within its Four Factor Analysis.

The American Museum of Natural History (AMNH) in New York City conducted a careful review and analysis of the demographics of metropolitan area in which it is located as well as the museum's own LEP encounters. The museum used quantifiable, reliable, and objective measurements to determine with as much accuracy as possible the number of LEP persons, and the language backgrounds of those persons the museum is encountering on a daily basis and who are coming into contact with its programs and services. Finally, the museum incorporated these factors into its LEP Plan.

The museum's LEP analyses have been data driven, which is important in conducting and revisiting analysis as to the languages spoken and frequency of encounters with LEP populations. AMNH utilized the following sources of information to identify the LEP populations with which it comes into contact, and the frequency of contact: zip code information from ticket services and school group visits, the U.S. Census, usage of the museum's Space Show audio translators, its Spanish Telephone Information Line, and utilization of it Language Button ("I Speak") Program, a voluntary program for museum employees that has been a great success, establishing that nearly 40 languages other than English are fluently spoken among the museum's own staff and volunteers.

Utilizing these tools, the museum has determined that the 10 most frequently spoken languages within which it comes into contact are Chinese, English, French, German, Italian, Japanese, Korean, Portuguese, Spanish, and Russian. The museum informs NASA that it intends to supplement these sources with visitor surveys of native languages and English language proficiency. Importantly, the results of the museum's analysis in regard to these two factors are fully reflected in its LEP Plan.

In considering Factor 3, AMNH appropriately took into account the ways in which denial or delay of services may negatively impact LEP individuals. For example, the museum has issued brochures with floor plans in 10 languages, including Spanish, Chinese, and Korean, among the most frequently spoken languages based on the museum's analysis under Factors 1 and 2. Consistent with NASA LEP Guidance, these brochures are available at key points of entry.²

In the exhibitions context, in light of LEP obligations, the museum's Exhibitions Department is consciously focusing on designing interactive exhibitions components that are as visually self-explanatory as possible, so as to minimize the need for written instructions. Other areas of the museum's operations, such as the food service areas, are also utilizing this approach.

These design features provide pictures, sketches, and graphics to help meet the needs of LEP visitors as well as of young visitors who are not yet proficient readers. Another example: AMNH offers foreign language audio translations of its Hayden Planetarium Space Shows, providing translations in a variety of languages.

For its Journey to the Stars show, audio translations were made available in Chinese, French, German, Hindi, Italian, Japanese, and Spanish. DVD versions of the Space Shows offer foreign language options as well. AMNH reports that it uses a centralized translation service for its communications materials, such as brochures and "I speak" buttons. Another museum has requested funding to address needs regarding limited English proficiency (LEP) by way of a National Science Foundation Grant (Bridging the Language Barrier).

The Exploratorium Museum is investigating the use of two-dimensional bar coding and the use of a WEB interface to enhance language assistance service. The museum staff noted that the research in this area holds potential for improved communication that goes beyond translation of hard copy guidance and instruction and may provide a less intrusive and cost-effective way to improve communication with LEP persons. AMNH reports that it uses a centralized translation service for its communications materials, such as brochures and "I speak" buttons.

AMNH was recently selected by the New York State Education Department to pilot a Master of Arts in Teaching program that will prepare 50 new Earth science teachers, grades 7-12, through coursework, museum residencies, and mentored residencies in host schools, to teach in high-needs urban schools. A key feature of this five-year pilot program will be preparing candidates for excellence in teaching English Language Learners or ELL (i.e., LEP students); and the museum has received funding from the National Science Foundation's (NSF) Robert Noyce Teacher Scholarship Program to support this effort. The NSF funding, which began in August 2011, will enable the museum to assess the ELL needs of participating New York City and area public schools and to provide ELL training and resources to museum education and science staff who will teach and mentor the teacher candidates.

AMNH, in collaboration with nine New York City public schools and with support from the National Oceanic and Atmospheric Administration (NOAA), offered a Science Literacy Program for science educators working with English language learners in 6th grade. The NOAA/the museum ELL initiative's five components— professional development, resources, guided field trips, access to bilingual educators and scientists, programs and memberships for families and administrators—were consistent in approach and flexible enough to be adapted in four different ELL contexts: dual language programs, bilingual programs, English immersion programs, and special education with differentiated instruction. The ELL-Earth Science Initiative website also shares resources and ELL student learning experiences with teachers and the public.

AMNH's Urban Advantage Program, launched in 2004 by the museum in partnership with the NYC Department of Education and seven other NYC-based science-rich cultural institutions, offers access to the expertise and resources of the UA partner institutions, support for students from scientists and science educators, educational outreach to families, and capacity building.

UA currently serves more than 35,000 students in public schools with a population that is demographically similar to all NYC public schools, which includes 15% English Language Learners. To achieve the goal of engaging as many families as possible with UA science education resources, UA provides its Family Guides in 10 languages (English, Spanish, Arabic, Bengali, Chinese, Haitian Creole, Korean, Russian, Urdu, and French.) (See also, New York University Institute for Education and Social Policy (ISEP) Policy Brief, "Can Formal-Informal Collaborations Improve Science Literacy in Urban Middle Schools?" The Impact of Urban Advantage").

For several years, the Exploratorium has conducted qualitative and quantitative market research to inform its interactions with the local Latino community. Those studies revealed that even though Latinos comprised 23% of the Bay Area's population in 2010, only 11% of visitors to the museum were Latinos. The goal of the Exploratorium's Latino Audience Engagement Initiative is to increase visitation of Latino communities so the institution's constituency matches surrounding community demographics.

In order to meet this goal, the Exploratorium established a two-pronged approach, working internally through staff development, and externally through increased community interaction. To guide the work, they contracted with a consultant specializing in Latino market research and community engagement. These efforts helped support the museum's working group to focus outreach efforts and better understand their Latino audiences.

The museum began by setting a goal for increasing Latino visitation to 26% by 2020. As part of their efforts to build internal capacity—particularly among front-line staff who communicate directly with museum visitors—they focused on recruiting and hiring bilingual and bicultural individuals. To this end, the Latino Audience Engagement group collaborated with the museum's Organizational Development division to target appropriate recruitment venues and identify qualified job applicants.

The plan also focused on engaging Latinos with programming that combined elements of both language and culture. Events included presentations in Spanish, and took advantage of the museum's science content and learner-centered philosophy. Their onsite events—just one example of this type of outreach—have become important in connecting the museum with Latino extended families. Engineering Day, for example, held annually in September, gives the Exploratorium the opportunity to partner with the Society for Hispanic Professional Engineers (SHPE) to provide volunteer Spanish interpretation for audience members.

The Exploratorium has also initiated a key relationship with Univision, a local Spanish-language television station. Through this partnership, a series of two-minute science segments featuring museum staff is broadcast in Spanish as part of the station's early-morning Al Despertar show. Viewers of this local news show are beginning to see the museum as an accessible, relevant, family-friendly educational resource.

As part of our their regular online programming, the Exploratorium has also recently produced and posted several Spanish-language shows on its own website, including an onsite webcast series featuring the landing of the Mars rover Curiosity .

Such long-term connections and event-based programs are a hallmark of the museum's strategy of strengthening communications with the Latino community, and point the way for future engagement. The Exploratorium is planning other regular programs and events for its new venue at Pier 15, located on the waterfront in downtown San Francisco, with easy access via public transportation.

Other efforts have focused on more long-term engagement. For example, the Exploratorium is having many of its exhibit labels professionally translated into both Spanish and Chinese (another significant language prevalent in the museum's service area). They have also embarked on a program of creating multilingual collateral and signage to assist with wayfinding and provide content information. Multilingual visitor information and science content is also being presented on both the museum's website and mobile website.

For several years, the Exploratorium has approached the need for offering access to multilingual science-content resources by creating websites in other languages, including a site on geologic research in Kamchatka in Russian ; on the assessment of scientific evidence in Spanish ; and on the history and science of Polynesian navigation in Hawaiian .

Beyond simply translating information into Spanish, however, the Exploratorium continues to develop culturally appropriate programs and resources that highlight the fact that Latinos have a long and strong heritage of science, engineering, and mathematics. Museum staff involve Latino scientists and artists in museum events and programming and work diligently to find authentic connections that emerge from the cultural roots of science.

Thus, in the areas of astronomy, chemistry, and biology, among others, the Exploratorium taps cultural traditions to extend community connections. Programs have focused on the use of natural pigments in Oaxaca, revealing the chemistry of dyes; tracking seasons and keeping calendars using ancient Mesoamerican pyramids; examining the benefits of native plants and foods, and much more.

Ultimately, the Exploratorium's strategic approach of reaching out to Spanish-speaking individuals in their service area is based on a single notion: incorporating Latino culture and language into the everyday operations of the museum, both physically and virtually.