Title VI and Individual Rights Training Civil Rights Act of 1964 Presented By Tennessee Department of Intellectual and Developmental Disabilities ID: 689928
Download Presentation The PPT/PDF document "Service Provider Orientation" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
Service Provider Orientation Title VI and Individual Rights Training Civil Rights Act of 1964
Presented By:Tennessee Department ofIntellectual and Developmental Disabilities (2019)
1Slide2
GoalTo
protect human and civil rights of individuals receiving DIDD services and to ensure equal access to programs, activities, and services regardless of race, color, sex, disability, age or national origin.2Slide3
ObjectivesParticipants will
: Become familiar with the rights of individuals receiving DIDD services,Be aware of DIDD service providers’ human and civil rights compliance responsibilities Review federal civil rights laws,
Understand DIDD’s and DIDD service providers’ role in ensuring Title VI compliance,Recognize Title
VI prohibited practices,
Identify DIDD service provider’s
Title VI and LEP responsibilities,
Know
where to
obtain technical assistance for Title VI and other civil rights related laws, and
3Slide4
All individuals receiving services through the Department of Intellectual and Developmental Disabilities (DIDD) have the same human and civil rights as all people, unless their rights have been limited by court order or law. People do not give up their rights when they accept services from DIDD.
Tennessee Code Annotated (TCA)TCA 33-3-101. Rights of persons under this title are equal to those of other persons except as limited by this title. 4Slide5
Human RightsHuman Rights are innate rights and freedoms to which all humans are entitled. These rights include the right to life, liberty, equality, and the pursuit of happiness. Human Rights also refer to basic respect and dignity that should be afforded to each individual.
(US Constitution and Declaration of Human Rights) 5Slide6
Civil RightsCivil
rights are enforceable rights or privileges, which if interfered with by another gives rise to an action for injury. Examples of civil rights are freedom of speech, press, and assembly; the right to vote; freedom from involuntary servitude; and the right to equality in public places. Discrimination occurs when the civil rights of an individual are denied or interfered with because of their membership in a particular group or class.6Slide7
DIDD Service Provider Responsibilities - Individual Rights When a DIDD service provider agrees to render services to a person, the provider is in essence making a promise to honor the individual’s rights and provide services in a way that is in the best interests of that individual.
7Slide8
DIDD Service Provider Responsibilities - Individual Rights All staff employed by the service provider to directly provide or oversee services, have a role in contributing to the overall quality of services and in assuring that people are treated fairly and respectfully. This includes respecting the rights, lifestyle and/or personal beliefs of the person supported and supporting the person’s choices to the extent possible.
8Slide9
DIDD service providers must ensure that their staff have a basic understanding of individual rights and how to honor those rights while providing services. This is generally accomplished through a combination of training, mentoring, providing adequate staff oversight, and guided by provider policy
. Staff should receive, at a minimum, the following training: Recognizing and respecting people's rights;Honoring preferences in regard to how people choose to exercise their rights, and Due process procedures for placing limitations or restrictions on a person's rights. DIDD Service Provider Responsibilities - Individual Rights 9Slide10
DIDD Service Provider Responsibilities - Individual Rights In addition to honoring individual rights and assisting people to exercise their rights, providers have a responsibility to help people understand that along with rights come responsibilities. To fully participate in community life, people must be assisted in learning what is expected of them when certain choices are made.
10Slide11
DIDD Service Provider Responsibilities - Individual Rights Human Rights Committee (HRC) ensures that human and civil rights of persons receiving DIDD services are not violated. Functions of a HRC may include, but is not limited to, the following:
Serve as an advisory committee to a service provider executive director or a DIDD regional director; Approve restrictions (with the informed consent of the person supported and/or their legal representative);Ensure that rights limitations are temporary in nature and that they occur in very specifically defined situations; Review behavior support plans (BSPs) that include restricted interventions and other restrictive actions for potential human rights violations; 11Slide12
DIDD Service Provider Responsibilities - Individual RightsReview and make recommendations regarding complaints received pertaining to potential human rights violations;
Provide technical assistance to providers regarding policies or procedures affecting the rights of an individual or the ability of an individual to exercise their rights; and Review and make recommendations regarding research proposals or academic projects involving individuals receiving services through DIDD to ensure that implementation of the proposal or project will not result in human rights violations. (Regional HRCs Only) 12Slide13
DIDD Service Provider Responsibilities - Individual Rights Service provider executive directors, or their designee, are responsible for ensuring HRC chairpersons and committee members receive training prior to participating in a HRC meeting and shall be responsible for scheduling and tracking on-going HRC training.
13Slide14
Federal Regulations Assurances Recipients of federal financial assistance must sign an assurance agreement with respect to non-discrimination prior to receiving federal financial assistance.
14Slide15
Civil Rights LawsAgencies
receiving federal financial assistance must comply with certain Federal civil rights laws. Federal civil rights laws prohibit certain types of discrimination. Title VII of the Civil Rights Act of 1964, prohibits discrimination in employment;Subtitle A of Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973, both regulations prohibit discrimination against otherwise qualified people on the basis of disability; Section 508 of the Rehabilitation Act of 1973
, prohibits discrimination on the basis of disability in electronic information and technology in federally-assisted programs and activities. Title VI of the Civil Rights Act of 1964, prohibits discrimination on the basis of race, color, or national
origin. 15Slide16
Title VI of Civil Rights Act of 1964“No person in the United States shall on the basis of race, color or national origin, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”
42 U.S.C. § 2000d et seq.,16Slide17
Title VI of Civil Rights Act of 1964 Title VI was included in the Civil Rights Act of 1964 to establish a national policy of nondiscrimination.
The State Attorney General of Tennessee on May 28, 1992 issued opinion no. 92.47 to give state agencies and their sub-recipients general information concerning the federal law.17Slide18
18 Title VI of Civil Rights Act of 1964
Tennessee Attorney General’s Opinion: Agencies or corporations which receive federal financial assistance are subject to the restrictions of Title VI of the Civil Rights Act of 1964 and the Civil Rights Restoration Act of 1987.Slide19
Title VI Prohibited PracticesDenial of any individual, any services, opportunities, or other benefits for which that individual is otherwise
qualified.Provide any individual with any service, or other benefit, which is different or is provided in a different manner from that which is provided to others in a program.Subject any individual to segregated or separate treatment in any manner related to his receipt of service.19Slide20
Title VI Prohibited PracticesRestrict an individual in any way in the employment of services, facilities or any other advantage, privilege or other benefit provided to others under the
program.Adopt methods of administration which would limit participation by any group of recipients or subject them to discrimination.Address an individual in a manner that denotes inferiority because of race, color or national origin.
20Slide21
Title VI does not apply to:Employment, except where the purpose of the federal assistance is to provide employment.
Relief for discrimination based on age, sex, geographical locale or wealth.Direct benefit programs such as Social Security.21Slide22
Title VI Limited English Proficiency (LEP)
Recipients of federal financial assistance must assure that they provide meaningful access to waiver services by Limited English Proficient persons in accordance with:Presidential Executive Order 13166 of August 11, 2000 (65 FR50121) andDepartment of Health and Human Services “Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons” (68 FR 47311-August 8, 2003).
22Slide23
DIDD and DIDD Service Provider Title VI ComplianceDIDD must submit an annual Title VI compliance report and implementation plan to the
Tennessee Human Rights Commission pursuant to the requirements of Tennessee Code Annotated (TCA) Sections 4-21-901 through 4-21-905. The plan includes:DIDD’s and DIDD service providers’ efforts to comply with Title VI;Plan of Action to comply with Title VI through policies, procedures, and monitoring
processes;Status report on previous year’s plan; and
Goals and Objectives.
23Slide24
DIDD Service Provider ResponsibilitiesDesignate a Title VI
Coordinator.Develop Policies and Procedures to include at a minimum:How employees are trained on Title VIHow individuals receiving services are notified of their rights under Title VITitle VI Compliant Procedures
Ensure that individuals
with Limited English Proficiency (LEP) have meaningful access.
24Slide25
Meaningful AccessDo LEP individuals receive:
Adequate information?Receive services/benefits for which they are eligible?Are LEP individuals able to communicate relevant circumstances of their situation?25Slide26
Five Elements of Effective Language Assistance Programs
Identify language needs,Develop and implement written policies and procedures for how language assistance will be provided,Train staff,Provide notice to LEP persons, and
Monitor vigilantly.
26Slide27
Title VI Self-Survey
DIDD Service Providers are required to submit an annual Title VI Self-Surveys to DIDD Office of Civil Rights by August 1th of each year. The reporting period shall cover the most recent full Fiscal Year (July 1-June 30).
27Slide28
Title VI Self-SurveySubmitted
annually;Survey period: July 1st – June 30thCover agency Title VI activities, beneficiaries demographics, policies and procedures, training of staff, LEP activities and notification of individuals receiving services; and
Consequences for non-compliance.
28Slide29
On-Site MonitoringConducted annually by DIDD auditors:
Review personnel records for Title VI orientation and annual training;Title VI notification to individuals receiving services or their legal representative;Title VI poster; andReview for evidence of complaints.29Slide30
For assistance with Title VI complaint process, training, supplies or resources, please contact DIDD Regional Title VI Coordinators:
EAST REGION Tammy Green, Compliance Director-East East Regional Office-Greeneville P.O. Box 130 Afton TN 37616-0130
(423) 787-6491 tammy.r.green@tn.gov
MIDDLE REGION Gladys Harris, Dev Services Regional Monitor
291
Stewarts Ferry Pike
Nashville
, TN 37214
(
615)
231-5428
g
ladys.harris@tn.gov
WEST
REGION
Janet
Neihoff,
RN, Program Director
Protection from Harm, WTRO
225
Dr. Martin Luther King Jr. Drive
Fourth
Floor, Tower B
Jackson
, TN 38301
(731) 423-5889-desk
(731) 217-4088-cell
(731) 426-067
janet.neihoff@tn.gov
30Slide31
You may also contact:
Dr. Vickey Coleman Office of the CommissionerDirector, Office of Civil Rights and Customer-Focused Services, Rule 31 Listed General Civil Mediator,DIDD Office of Civil RightsUBS Tower - 8th floor315 Deaderick StreetNashville, TN 37243vickey.coleman@tn.gov(901) 356-632431