Title VI/Nondiscrimination Annual Work Plan & Accomplishment

133 Pages·2015·26.63 MB·English

FFY 2016-2017
Title VI/Nondiscrimination
Annual Work Plan &
Accomplishment Report
Civil Rights Division
November 8, 2016
Table of Contents

Introduction ................................................................................................................................. 2
Civil Rights Office Organization: Title VI/Nondiscrimination Component............................. 3
Internal Monitoring Program ..................................................................................................... 5
Federal Program Area Reviews Conducted During FFY 2016 .............................................. 5
Results of Reviews Conducted During FFY 2016 .................................................................. 6
FFY 2017 Goals ....................................................................................................................... 6
External Monitoring Program .................................................................................................... 7
Subrecipient Reviews Conducted During FFY 2016 ............................................................. 7
Results of Reviews Conducted During FFY 2016 .................................................................. 7
FFY 2017 Goals ....................................................................................................................... 8
Title VI/Nondiscrimination Training Summary ......................................................................... 9
Title VI/Nondiscrimination Complaints Summary ................................................................ 11
Special Emphasis Areas (SEA) ................................................................................................ 12
Construction Division ............................................................................................................. 13
Design Division ....................................................................................................................... 15
Environmental Affairs Division .............................................................................................. 19
Maintenance Division ............................................................................................................ 24
Procurement Division ............................................................................................................ 26
Research and Technology Implementation Division ........................................................... 28
Right-of-Way Division ............................................................................................................. 31
Traffic Operations Division .................................................................................................... 37
Transportation Planning and Programming Division .......................................................... 40
Environmental Justice ............................................................................................................. 44
Limited English Proficiency .................................................................................................... 45
Action Plan (2017) ................................................................................................................... 48
Attachments ............................................................................................................................. 51
Attachment 1 – Title VI I-Team Meeting Agenda ................................................................. 52
Attachment 2 – Annual Questionnaires ............................................................................... 53
Attachment 3 – Data Collection Memorandum .................................................................. 83
Attachment 4 – Limited English Proficiency Annual Report Memorandum ...................... 84
Attachment 5 – DES Data Collection ................................................................................... 85
Attachment 6 – ENV Data Collection ................................................................................... 91
Attachment 7 – RTI Data Collection ..................................................................................... 94
Attachment 8 – ROW Data Collection ............................................................................... 100
Attachment 9 – TRF Data Collection ................................................................................. 103
Attachment 10 – TPP Data Collection ............................................................................... 106

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Title VI/Nondiscrimination Annual Work Plan and Accomplishment Report
Introduction
The Texas Department of Transportation (TxDOT), as a recipient of Federal financial
assistance and under Title VI of the Civil Rights Act of 1964 and related statutes, ensures
that no person shall on the grounds of race, religion (where the primary objective of the
financial assistance is to provide employment per 42 U.S.C. § 2000d-3), color, national
origin, sex, age or disability be excluded from participation in, be denied the benefits of, or
otherwise be subjected to discrimination under any Department programs or activities.

This report updates the Federal Highway Administration (FHWA) Texas Division Office on an
annual basis regarding how TxDOT is monitoring the implementation of the
Title VI/Nondiscrimination Plan. In accordance with Title 23 Code of Federal Regulations
(CFR) 200.9 and FHWA’s Title VI/Nondiscrimination Program, this report documents TxDOT’s
Title VI Program accomplishments for federal fiscal year (FFY) 2016 and goals for FFY 2017.

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Title VI/Nondiscrimination Annual Work Plan and Accomplishment Report
Civil Rights Office Organization: Title VI/Nondiscrimination Component
This section contains the Title VI/Nondiscrimination accomplishments of TxDOT’s
Civil Rights Division (CIV) that are not included in the following sections: Internal Monitoring
Program, External Monitoring Program, Title VI/Nondiscrimination Training Summary,
Title VI/Nondiscrimination Complaints Summary, or Limited English Proficiency.

Title VI Assurances
In FFY 2016, the Standard DOT Assurances were signed by the new Executive Director and
are located in TxDOT’s FFY 2017 Title VI/Nondiscrimination Plan.

Dissemination of Title VI Information
In FFY 2016, CIV printed the Title VI brochures for Districts and Divisions (DDs) requesting
this information. Copies of the brochures are located on TxDOT’s Web site and in TxDOT’s
FFY 2017 Title VI/Nondiscrimination Plan. Title VI information available on TxDOT’s Web site
includes:
 An Overview of Transportation and Environmental Justice brochure (English and
Spanish)
 Title VI and You brochure (English and Spanish)
 Complying with Limited English Proficiency Requirements in the Federal-aid Highway
Program brochure (English and Spanish)
 TxDOT’s Title VI/Nondiscrimination Technical Assistance Guide for Subrecipients
 TxDOT’s Language Assistance Plan
 TxDOT’s Title VI/Nondiscrimination Plan
 TxDOT’s Title VI/Nondiscrimination Annual Work Plan & Accomplishment Report
 FHWA’s Title VI/Nondiscrimination Program
 FHWA’s Title VI/Nondiscrimination Compliance Review Program
 FHWA’s Title VI Handbook
 FHWA’s Title VI Desk Reference
 FHWA’s Limited English Proficiency Desk Reference

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Title VI/Nondiscrimination Annual Work Plan and Accomplishment Report
Title VI Liaisons
Personnel from program areas and each district serve as Title VI liaisons and are
responsible for ensuring Title VI compliance in their respective area through policy
development, procedures, and monitoring.

The Title VI Interdisciplinary-Team (I-Team) is comprised of program area personnel and civil
rights specialists. At the beginning of each fiscal year, CIV notifies each federal program area
and the District Engineer in the twenty-five districts requesting the designation of one or two
employees to serve as the Title VI liaison(s) for the fiscal year. For FFY 2016, there were
eighteen Title VI I-Team liaisons designated. Additionally, twenty-five district liaisons and ten
backup liaisons were appointed in FFY 2016 and worked closely with CIV staff and the Title
VI I-Team to ensure Title VI compliance.

For FFY 2016, CIV held one WebEx meeting with the Title VI I-team and District liaisons to
provide guidance and technical assistance on Title VI matters. The Title VI meeting agenda is
included as Attachment 1. Additionally, individual meetings were held with the Title VI I-Team
liaisons to discuss the FHWA’s recommendations to TxDOT’s FFY 2016-2017 Title
VI/Nondiscrimination Annual Work Plan & Accomplishment Report and to develop goals for
supporting compliance with Title VI requirements.

Title VI Contract Requirements
In FFY 2015, a memorandum was sent to each DD to ensure and monitor that the required
language from the U.S. DOT Standard Title VI Assurances is included in all solicitations for
bid or Requests for Proposals and in every contract and further notify its subrecipients of
these obligations. In FFY 2016, CIV worked with the Contract Services Division (CS) and the
Research and Technology Implementation Division (RTI) in ensuring the required language
was included in its contract templates. CIV is continuing to work with each federal program
area in its efforts to ensure its operating manuals include the required Title VI information
and procedures to implement these requirements.

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Title VI/Nondiscrimination Annual Work Plan and Accomplishment Report
Internal Monitoring Program
This section describes CIV’s FFY 2016 accomplishments and FFY 2017 goals related to
internal monitoring, including the data collection and limited English proficient (LEP)
component, of TxDOT’s Title VI program.

Federal Program Area Reviews Conducted During FFY 2016
Title VI reviews are performed annually as a desk audit. For FFY 2016, TxDOT’s federal
program areas were notified of the review through an e-mail sent from the CIV Director to
the director of each federal program area. Each federal program area was required to
complete a Title VI questionnaire via Survey Monkey. Questions focused on gathering
general information about the implementation of Title VI requirements in their respective
division. CIV conducted nine federal program areas reviews to determine if each area was
meeting the Title VI requirements. A copy of the e-mail and the questionnaires are included
as Attachment 2.

In FFY 2016, eleven reviews were conducted. TxDOT consolidated some of their Divisions
and Offices in FFY 2016, this was the reason there was a decline in federal program area
reviews.

Title VI Data Collection/Analysis/Reporting
In addition to the federal program area reviews, CIV notified each federal program area to
submit a data analysis report that included a description of how Title VI factors were
addressed, where data was obtained, and the results. Notification was sent via
memorandum from the CIV Director to the director of each federal program area. A sample
is included as Attachment 3. Results of the analysis are included in the Special Emphasis
Areas section for each federal program area of this document.

Limited English Proficiency
Each DD has developed its own LEP plan for providing language assistance to address the
identified needs of the LEP population it serves. Annually, each DD must reevaluate the
changes in demographics, services and programs, and other factors that should be
considered when determining LEP needs. Monitoring and evaluating the accessibility and
quality of language assistance needs of LEP persons ensures that LEP persons can
meaningfully access agency programs and activities. This annual assessment will help guide
DDs in determining what changes, if any, are needed to update its LEP plan. Annually, CIV
notifies each DD via memorandum to submit an LEP annual report along with an updated
LEP plan, if applicable. A sample is included as Attachment 4.

Additionally, each DD is responsible for submitting quarterly reports to CIV documenting the
number of LEP individuals served and the type of service provided. CIV works with DDs
throughout the year to ensure the LEP requirements are met and reported quarterly and
annually to the FHWA.
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Title VI/Nondiscrimination Annual Work Plan and Accomplishment Report
Results of Reviews Conducted During FFY 2016
Results of reviews conducted are included in the Special Emphasis Areas (SEA) section of
this document.

FFY 2017 Goals
CIV will continue to work with Special Emphasis Areas (SEA) through the Title VI I-Team to
develop, implement, and improve self-monitoring activities, including subrecipient
monitoring.
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Title VI/Nondiscrimination Annual Work Plan and Accomplishment Report
External Monitoring Program
This section describes CIV’s accomplishments in FFY 2016 and goals for FFY 2017 for
ensuring subrecipients’ compliance with Title VI.

Subrecipient Reviews Conducted During FFY 2016
TxDOT is required under 23 CFR 200.9(b)(7) to conduct Title VI compliance reviews of cities,
counties, planning agencies, and other subrecipients of federal financial assistance. The
reviews cover the organization's compliance with Title VI of the Civil Rights Act of 1964,
Executive Order 12898, Executive Order 13166, and related regulations. The review process
includes official notification, a desk audit, the issuance of a report of findings, and
recommendations, if applicable.

During FFY 2016, CIV initiated the following ten Title VI reviews:
 Capital Area Metropolitan Planning Organization
 City of Beaumont (active)
 City of Georgetown
 City of Killeen
 City of Mission
 City of Round Rock
 City of Terrell (active)
 City of Wharton (active)
 Hays County (active)
 Hidalgo County (active)

CIV works in collaboration with the Transportation Planning and Programming Division (TPP)
and the RTI to conduct reviews of the Metropolitan Planning Organizations (MPOs) and
universities. CIV trained two additional Civil Rights Specialists to conduct Title VI reviews.

Results of Reviews Conducted During FFY 2016
All of reviews in FFY 2016 were determined to be in compliance with Title VI after a review of
the desk audit or after the implementation of recommendations made by CIV.
Recommendations made to the agencies included the following:
 Develop a Title VI/Nondiscrimination Policy Statement and disseminate it internally
and externally to the general public.
 Submit signed U.S. DOT Standard Title VI Assurances.
 Designate a Title VI Coordinator responsible for initiating and monitoring Title VI
activities.
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Title VI/Nondiscrimination Annual Work Plan and Accomplishment Report
 Develop a Title VI/Nondiscrimination Plan that communicates how the agency
implements the Title VI/Nondiscrimination requirements.
 Develop procedures for processing external discrimination complaints.
 Develop a complaint log.
 Conduct an individualized assessment for LEP using the four-factor analysis.
 Identify and address disproportionately high and adverse human health or
environmental effects of an agency’s programs, policies, and activities on minority
and low-income populations.
 Provide efforts to ensure public participation in the planning and development of
transportation projects.
 Collect and analyze data to numerically assess the reach and impact of program
funds.
 Develop a process to ensure the nondiscrimination paragraph from the Standard
Title VI Assurances is included in all solicitations for bid/requests for proposals
 Develop a process to ensure that the required language from the Standard Title VI
Assurances is included in all contracts.
 Develop an annual report that documents how the agency is effectively implementing
its Title VI/Nondiscrimination Program.

FFY 2017 Goals
The following describes CIV’s goals for the coming year:
 CIV will continue to conduct Title VI reviews of TxDOT’s subrecipients. CIV plans to
conduct a minimum of ten reviews of federal-aid subrecipients.

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Title VI/Nondiscrimination Annual Work Plan and Accomplishment Report
Title VI/Nondiscrimination Training Summary
This section provides an overview of training activities of CIV for FFY 2016.

Training provided by TxDOT
Technical assistance is provided to subrecipients during the course of the Title VI reviews
conducted. Upon being notified of a review, the Title VI Technical Assistance Guide for
Subrecipients is provided to the subrecipients being reviewed to ensure compliance with
Title VI/Nondiscrimination requirements.

Additionally, TPP conducts a training course on Effective Public Involvement. This course is
designed to teach district staff new and innovative ways to involve and engage citizens,
including the environmental justice (EJ) and LEP population, in early, continuous,
transparent and effective access to the state's transportation planning and implementation
process. Upon completion of this course, participants:
1. Will have a greater understanding why public involvement is important.
2. Can describe the elements of successful public involvement.
3. Will be able to plan, coordinate and conduct effective public involvement efforts.
4. Have access to innovative techniques for including under-represented interest
groups in the transportation planning process.
5. Can prepare and accurately record citizen input, provide feedback reflecting
concerns on project development.
6. Learn how to work with individuals and citizen groups to mediate/resolve conflict and
develop projects for the overall public good.

Training attended by TxDOT
In March 2016, CIV staff participated in the following sessions held during the 2016 Civil
Rights Virtual Symposium:
 Building Transportation Equity: Identifying Title VI Issues Throughout the
Transportation Project Cycle – This session discussed the importance of Title VI
compliance and how Title VI impacts the various stages of a transportation project or
program.
 Lessons Learned in National Environmental Policy Act (NEPA) and Environmental
Justice – This session discussed methodologies for considering environmental justice
in NEPA reviews garnered from the Working Group and Environmental Justice at the
Department of Transportation.
 Meaningful Language Access Under Title VI – The provision of language assistance
services to LEP individuals is a key component of Title VI enforcement. This session
discussed recent developments in case law, settlements, and agency Guidance and
Rulemaking.
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Title VI/Nondiscrimination Annual Work Plan and Accomplishment Report