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Title VI Compliance

Title VI - Policy Statement

It is the policy of the Department of Intellectual and Developmental Disabilities to ensure compliance with Title VI of the Civil Rights Act of 1964; 49 CFR. Part 26; related statutes and regulations to the end that no person shall be excluded from participation in or be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance on the grounds of race, color, or national origin.


Overview and Goals

Title VI of the Civil Rights Act prohibits discrimination on the basis of race, color or national origin in programs or activities receiving federal financial assistance. Federal financial assistance includes; grants, training, use of equipment, surplus property, and other assistance. If federal funds are passed from one recipient to a subrecipient, the subrecipient is required to comply with Title VI of the Civil Rights Act of 1964.

As a direct recipient and subrecipient of federal financial assistance, the requirements of Title VI of the Civil Rights Act of 1964 are applicable to all of the operations of DIDD and to any entity to which department funded financial assistance is extended.

DIDD Title VI Program is responsible for providing leadership, direction and policy to ensure compliance with Title VI of the 1964 Civil Rights Act and environmental justice principles. DIDD is proud of its policy to ensure nondiscrimination in all of its programs, activities and services whether those programs, activities and services are federally funded or not.

DIDD has identified the following program goals to ensure equal access and nondiscrimination in its programs, activities, services:

Objective 1.1
Increase beneficiaries’ knowledge about individual rights under Title VI of the Civil Rights Act of 1964.

Strategies:
1.1.1 Monitor DIDD consumer satisfaction survey activities.
1.1.2 Conduct random quarterly on-site monitoring visits to service provider agencies.
1.1.3 Develop and disseminate DIDD nondiscrimination policies and procedures to department and service provider personnel.

Objective 1.2
Improve the delivery of beneficiary services through the use of technology.

Strategies:
1.2.1 Coordinate with our Information Technology (IT) Unit to include and update Title VI information and complaint process on the department’s website.
1.2.2 Review person supported data on a monthly basis using our Community Service Tracking System.
1.2.3 Work with IT to update service provider tracking information

Objective 1.3
Strengthen agency compliance with and enforcement of Title VI and other civil rights laws.

Strategies:
1.3.1 Conduct random on-site monitoring visits to contract agencies.
1.3.2 Provide timely responses and timely investigations to allegations of discrimination.
1.3.3 Conduct pre and post-award compliance reviews.

Objective 2.1
Increase knowledge and awareness of state and federal statutory non-discriminatory requirements.

Strategies:
2.1.1 Offer workshops and technical assistance opportunities to contract service providers and DIDD staff on Title VI and other federal nondiscrimination laws.
2.1.2 Conduct joint regional training sessions with other state agencies responsible for Title VI implementation and compliance.

Objective 2.2
Strengthen relationships with federal agencies responsible for Title VI compliance.

Strategies:
2.2.1 Title VI Coordinator will attend Title VI and other nondiscrimination training sessions conducted by federal agencies.
2.2.2 Join and actively participate in Southeast Civil Rights Association.

Objective 3.1
Develop procedures to improve outreach to protective beneficiary groups.

Strategies:
3.1.1 Consult with protective beneficiary groups to share information and exchange ideas on improving Title VI compliance.
3.1.2 Attend community meetings and forums.

Objective 4.1
Increase contract and procurement opportunities for qualified service providers representing protected beneficiary groups.

Strategies:
4.1.1 Work with program staff to streamline the service provider application process.
4.1.2 Continue to partner with the Governor’s Office of Diversity Business Enterprise to identify and expand business opportunities for service providers from protected beneficiary groups.
4.1.3 Contact community agencies and organizations representing protected beneficiary groups (i.e., Vanderbilt Kennedy Center, Urban League, Hispanic Chamber of Commerce).

Objective 5.1
Reduce barriers to services.

Strategies:
5.1.1 Translate Title VI information and material into languages and formats accessible to under served populations.
5.1.2 Produce user-friendly educational and informational materials and make them available to service providers and DIDD staff.


Title VI - Compliance

Title VI of the Civil Rights Act of 1964 applies to all recipients and sub-recipients of Federal financial assistance. Federal financial assistance includes; grants, training, use of equipment, surplus property, and other assistance. Recipients of federal funds range from state and local agencies, to nonprofit agencies and other organizations. If federal funds are passed from one recipient to a sub-recipient, the sub-recipient is required to comply with Title VI of the Civil Rights Act of 1964.

As a sub-recipient of Federal financial assistance, the requirements of Title VI of the Civil Rights Act of 1964 are applicable to all of the operations of the Department of Intellectual and Developmental Disabilities (DIDD) and to any entity to which department funded financial assistance is extended. (United States Code, § 2000d-4a)

What is Title VI?

Title VI of the 1964 Civil Rights Act says,”No person in the United States shall, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefit of, or be subjected to discrimination under any program or activity receiving federal financial assistance. (42 U.S.C.§2000d)

What is Federal Financial Assistance?

Federal financial assistance means more than just money. It is also aid that enhances the ability to improve or expand allocation of a recipient’s own resources. Examples:

  • Student aid (releases recipient’s funds for other uses)
  • Training of employees (permits better use of the employer)
  • Grants and Loans, tax-exempt bonds
  • Property
  • Loan of Personnel
  • Tax incentives and tax-exempt status
  • Technical assistance, etc.

What does Title VI do?

  • Prohibits entities from denying an individual any service, financial aid, or other benefit because of race, color or national origin
  • Prohibits entities from providing a different service or benefit, or providing these in a different manner from those provided to others under the program
  • Prohibits segregation or separate treatment in any manner related to receiving program services or benefits
  • Prohibits entities from requiring different standards or conditions as prerequisites for serving individuals
  • Encourages the participation of minorities as members of planning or advisory bodies for programs receiving federal funds
  • Prohibits discriminatory activity in a facility built in whole or part with Federal funds
  • Requires information and services to be provided in languages other than English when significant numbers of beneficiaries are of limited English speaking ability
  • Requires entities to notify the respective population about applicable programs
  • Prohibits locating facilities in any way that would limit or impede access to a Federally funded service or benefit
  • Requires assurance of nondiscrimination in purchasing of services

What does Title VI not do?

  • Does not apply to Federal assistance provided through insurance or guaranty contracts, (e.g. FHA loan insurance),
  • Does not apply to employment, except where employment practices results in discrimination against program beneficiaries or where the purpose of the Federal assistance is to provide employment
  • Does not provide relief for discrimination based on age, sex, geographical locale, or wealth
  • Does not apply to direct benefit programs such as Social Security
  • Does not apply only to contracts and set-aside programs

What programs or activities are covered by Title VI?

To ensure the broad, institution wide application of Title VI and other civil rights statutes Congress passed The Civil Rights Restoration Act of 1987. This act clarifies the definition of programs and activities covered by the nondiscrimination provisions of civil rights statutes. The revised definition states that discrimination is prohibited throughout an entire agency or institution, if any part of that agency or institution receives Federal financial assistance. Examples: (1)(A) a department, agency, special purpose district, or other instrumentality of a State or local government; or (B) the entity of such State or local government that distributes such assistance and each such department or agency (and each other state or local government entity) to which the assistance is extended, in the case of assistance to a state or local government; (2)(A) a college, university, or other postsecondary institution, or a public system of education; or system of vocational education, or other school system.

Title VI applies to discrimination throughout an agency, not just to actions involving the federally assisted program. Therefore, if an agency receives any federal financial assistance for any program or activity the entire agency is required to comply with Title VI, not just that particular program. 

How does Title VI apply to public policy?

Title VI is a mechanism that directs the federal financial assistance, which drives or promotes economic development. By legislative mandate, Title VI examines the following public policy issues:

  • Accessibility for all persons
  • Infrastructure development
  • Accountability in public funds expenditures
  • Minority participation in decision making
  • Disparate impact
  • Program service delivery
  • Economic empowerment
  • Public-Private partnerships in part or whole with public funds
  • Environmental justice
  • Site and location of facilities

Who must comply?

  • State and Local Government: Agency distributing federal assistance or entity distributing federal assistance to the state or local government entity.
  • Higher education: college, university, or other post-secondary institution
  • Local education agency or system of vocational education, or other school system
  • An entire corporation (including not-for-profit), partnership, or other private organization, or an entire sole proprietorship
  • The entire plant or private corporation or other organization which is a geographically separate facility to which federal financial assistance is extended. 

English is the predominant language of the United States and according to the 1990 Census is spoken by 95 percent of its residents. Of those residents who speak languages other than English at home, the 1990 Census reports that 57 percent of U.S. residents above the age of four speak English “well to very well.” The United States is also, however, home to millions of national origin minority individuals who are limited in their ability to speak, read, write and understand the English language. The language barriers experienced by these persons with limited English proficiency (LEP) can result in limiting their access to critical public health, hospital and other medical and social services to which they are legally entitled and can limit their ability to receive notice of or understand what services are available to them. Because of these language barriers, LEP persons are often excluded from programs or experience delays or denials of services from recipients of Federal assistance. Such exclusions, delays or denials may constitute discrimination on the basis of natural origin, in violation of Title VI of the Civil Rights Act of 1964.

For additional information relating to National Origin Discrimination please visit:

http://www.hhs.gov/civil-rights/for-individuals/special-topics/limited-english-proficiency/

http://www.LEP.gov/