Limited English Proficiency (LEP) Implementation Strategy for Federally Assisted Programs

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 The LEP initiative seeks to eliminate language barriers that prevent eligible persons from having meaningful access to RD assisted programs. LEP includes persons eligible for participation in RD assisted 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.

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.

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

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

RD Assisted LEP Guidance Focus on all RD Federally Assisted Programs Business and Cooperative Programs Housing and Community Facility Programs Utility Programs All RD recipients should: Conduct their own 4-Factor Analysis Develop a Language Access Plan (LAP)

4-Factor Analysis Data driven analysis that enables each RD Recipient to be prepared to serve LEP populations in their RD assisted programs Language Access efforts are based on the demand for services and the resources available

4-Factor Analysis Factor 1 – The number and proportion of LEP persons served or encountered in the eligible service population of the assisted program Factor 2 – The frequency with which LEP persons come into contact with the assisted program, activity, and services Factor 3 – The importance of the program, activities or services to the LEP persons Factor 4 – The resources available to the recipient and costs

Factor 1 - Proportion Factor 1 – The number and proportion of LEP persons served or encountered in the eligible service population of the assisted program Prior experiences with LEP persons Data from U.S. Census Bureau www.lep.gov (mapping tool) Identify languages spoken Analyze the data and outreach to targeted populations

Factor 2 - Frequency Factor 2 – The frequency with which LEP persons come into contact with the assisted program, activity, and services Review assisted programs Prior experience with LEP persons Consult with LEP persons and targeted populations

Factor 3 - Importance Factor 3 – The importance of the program, activities or services to the LEP persons Identify services Prior experience with LEP persons Input from community organizations and LEP persons

Factor 4 - Resources Factor 4 – The resources available to the recipient and costs Identify and inventory resources Determine additional services Analyze budget Implement cost effective practices

Language Access Plan (LAP) Using the data, information and results from the 4-Factor Analysis, each recipient should develop a Language Access Plan that covers the following: Part 1: Identifies LEP individuals they serve Part 2: Describes the types of language assistance the recipient will provide Part 3: Describes how recipient staff will be trained in LEP

LEP Key Points (video) Have a process to meet customer needs Must provide meaningful access and be free of charge Lack of meaningful access can be detrimental depending on the importance of the program Continually monitor process for effectiveness

Monitoring/Evaluation Recipients will be reviewed in accordance with DR 4330-003 Nondiscrimination in Programs and Activities Receiving Federal Financial Assistance From USDA (10/5/2015) State Office is responsible for incorporating LEP into the periodic civil rights recipient review LEP is a component of compliance with Title VI requirements

Next Steps RD - Notify existing recipients and provide training Recipients should develop a Language Access Plan (LAP) or similar instrument to demonstrate meaningful access Incorporate LEP metrics into compliance review criteria and quarterly report

Q & A Session

USDA NON-DISCRIMINATION STATEMENT In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English . To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: U.S. Mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410 Fax: (202) 690-7442 Email: program.intake@usda.gov.