Welcome Limited English Proficiency Panelists Disclaimer CAROLINAS COUNCIL FOR AFFORDABLE HOUSING Limited English Proficiency Panelists Disclaimer The views and opinions expressed by the panelist should not be considered legal counsel and may not necessarily reflect the official policy of position of any government agency. You should seek legal counsel and discuss the specific circumstances of your company and apartment community.

Background Executive Order 13166 Signed in 2000 by President Bill Clinton Language is covered under National Origin (Title VI) Lau v. Nichols (414 U.S. 563 (1974)) the court held that the lack of linguistically appropriate accommodations effectively denied the Chinese students equal educational opportunities on the basis of their ethnicity. This decision expanded the rights of students nationwide with limited English Proficiency. Requires recipients of Federal financial assistance to provide meaningful access to eligible persons

LEP Purpose Eliminate language barriers that prevent eligible persons from having meaningful access LEP includes persons eligible for participation in programs, but they do not speak English at all or very well. LEP does NOT include hearing or visual impairments, Sign Language interpreters or Braille, or issues of literacy.

Clarification The LEP Initiative recognizes the cultural significance of the various languages throughout many communities and does not lessen that importance. The LEP Initiative seeks to eliminate language barriers that prevent eligible persons from having meaningful access to both RD conducted and assisted programs.

Meaningful Access Assistance that results in accurate and effective communication at no cost to the LEP individual. LEP individual must be afforded the opportunity to enjoy the same benefits and services of the program regardless of ability to speak and understand English. RD LEP Implementation Strategy for Federally Assisted Programs provides overall coordination of recipient efforts in the RD assisted programs.

Vital Documents Paper or electronic written material that contains information that is critical for accessing a program or activity, or is required by law, such as consent forms, applications, and notices of rights These documents should be available in languages identified through the 4-Factor Analysis

Translation vs. Interpretation The process of transferring ideas expressed in writing from one language to another language Applies to Vital documents Interpretation The process by which the spoken word is used when transferring meaning between languages Qualified Interpreters

RD Assisted LEP Guidance All RD recipients should: Conduct their own 4-Factor Analysis Develop a Language Access Plan (LAP)

4-Factor Analysis Factor 1 – The number and proportion of LEP persons served or encountered in the eligible service population of the assisted program Research who your property serves: use websites that give you data on those with LEP : https://www.lep.gov/maps/ - This site will give you a state view on counties LEP statistics

State County City Township Zip Code Another Resource: https://factfinder.census.gov/faces/nav/jsf/pages/community_facts.xhtml This site allows you to drill down on statics by: State County City Township Zip Code

Factor 2 – The frequency with which LEP persons come into contact with the assisted program, activity, and services Food for Thought…… Do the local schools have an English as a Second Language Program? What are your property’s current demographics? What resources are available in your area that service those with Limited English Proficiency?

What are the risks to LEP people if access is not provided: Factor 3 – The importance of the program, activities or services to the LEP persons What are the risks to LEP people if access is not provided: Homelessness

Factor 4 – The resources available to the recipient and costs Food for Thought: What local programs are available for people whom have limited English proficiency? Know what your community partners offer for those with LEP your apartment homes are within.

Language Access Plan (LAP) Using the data, information and results from the 4- Factor Analysis, each property should develop a Language Access Plan- below is chart on recommendations based on the property statistics: Size of Language Group Recommended Provision of Written Language Assistance 1,000 or more in the eligible population in the market area or among current beneficiaries Translated vital documents More than 5% of the eligible population or beneficiaries AND more than 50 in number More than 5% of the eligible population or beneficiaries AND 50 or less in number Translated written notice of right to receive free oral interpretation of documents 5% or less of the eligible population or beneficiaries AND less than 1,000 in number No written translation is required

Language Access Plan (LAP) What you need to cover: Part 1: Identifies LEP individuals who need language services: Part 2: Language Assistance Measures: Part 3: Describes how property staff will be trained in LEP

Language Access Plan (LAP) Part 4: Vital Document Translation Part 5: Notice to LEP Persons and Populations- Part 6: Monitoring and Updating the LAP

North Carolina Lease (Spanish version) CAROLINAS COUNCIL FOR AFFORDABLE HOUSING TOOLS: You can order: North Carolina Lease (Spanish version) South Carolina Lease (Spanish version) North Carolina Audio CD (Spanish version)

FREE TOOLS Socialserve.com (has Spanish call in line and website can be converted to Spanish) “They have an App for that” – interpretation Apps On-line translation programs

Questions? Disclaimer The views and opinions expressed by the panelist should not be considered legal counsel and may not necessarily reflect the official policy of position of any government agency. You should seek legal counsel and discuss the specific circumstances of your company and apartment community.