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

2. 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

3. 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.

4. 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.

5. 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

6. 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

7. 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)

8. 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

9. 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

10. 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
(mapping tool)
Identify languages spoken
Analyze the data and outreach to targeted populations

11. 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

12. 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

13. 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

14. 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

15. 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

16. Monitoring/Evaluation
Recipients will be reviewed in accordance with DR 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

17. 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

18. Q & A Session

19. 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) (voice and TTY) or contact USDA through the Federal Relay Service at (800) 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 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) 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 Fax: (202)