USDA Rural Development
Civil Rights for Recipients
Limited English Efficiency
Welcome
Hello, my name is Elizabeth Messervey. I am a
USDA Rural Development Regional Civil Rights
Manager (RCRM) for the Midwest States.
I began my federal career with Farm Service
Agency as a technician. In 2006, I became a fulltime career conditional employee for Rural
Development as a Multi-Family housing
technician. I remained in housing programs
through 2015, serving as a Specialist in SingleFamily housing. Almost two years ago I became a
RCRM.
USDA is an equal opportunity provider, employer and lender.
Regional Civil Rights Manager 618-267-7909
Limited English Proficiency (LEP)
Objectives
• Part I – Increased understanding of the purpose and intent of the Limited English
Proficiency (LEP) Executive Order, legal authorities, and associated LEP terms and
definitions.
• Part II – Increased understanding of meeting Title VI requirements in regard to providing
meaningful access to Limited English Proficient individuals by understanding the FourFactor Analysis.
Limited English Proficiency (LEP)
TRIVIA TIME
Trivia – Test your knowledge
Question #1
• Which Census was the first to collect information about languages?
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1890
1910
1970
1990
Trivia – Test your knowledge
Question #2
• What percentage of the U.S. population speaks a language other than
English?
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5%
10%
20%
30%
Trivia – Test your knowledge
Question #3
• Which language group has the highest percentage of people that do not
speak English well or at all?
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Spanish
Chinese
Vietnamese
Korean
German
Trivia – Test your knowledge
Question #4
• Which state has the highest percentage of their population that does not
speak English well or at all?
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California
Florida
Mississippi
Montana
Texas
Limited English Proficiency (LEP)
Part 1
Foundation of Limited English
Proficiency (LEP)
Limited English Proficiency (LEP)
Background
Executive Order 13166 (EO 13166)
– Signed by President Bill Clinton in 2000.
– 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 individuals who are limited English proficient.
Limited English Proficiency (LEP)
LEP Purpose
• The LEP initiative seeks to eliminate language barriers that prevent
eligible persons from having meaningful access to Rural Development
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, Braille, or issues of literacy.
Limited English Proficiency (LEP)
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 LEP individuals from having meaningful
access to assisted programs.
Limited English Proficiency (LEP)
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.
Limited English Proficiency (LEP)
Assisted RD Programs
• Assisted RD programs include
program services, benefits or
resources that are funded by Rural
Development and delivered to the
public by a recipient.
Limited English Proficiency (LEP)
Recipient v. Beneficiary
• Recipient
• An entity that receives Federal financial assistance and operates a
“program, service, or activity” available to the public.
• Their conduct is subject to civil rights compliance
• Beneficiary
• Individuals or entitles that directly or indirectly receive an
advantage through the operation of a federal program.
Limited English Proficiency (LEP)
Translation v. Interpretation
• Translation
• 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
Limited English Proficiency (LEP)
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 must be available in languages identified
through the 4-Factor Analysis (or comparable source). (There is
a safe harbor provision that comes into play).
Limited English Proficiency (LEP)
Part II
RD Assisted Programs
Limited English Proficiency (LEP)
RD Assisted LEP Guidance
• Focus on all RD Federally
Assisted Programs
• Housing Programs
• Community Facility Programs
• Business and Cooperative
Programs
• All RD recipients should:
• Conduct their own
4-Factor Analysis
• Develop a Language Access
Plan (LAP) or comparable
document.
RD Compliance Officers will review/monitor.
Limited English Proficiency (LEP)
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.
Limited English Proficiency (LEP)
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) (see handout)
• Identify languages spoken (B16001 data set factfinder)
• Analyze the data and outreach to targeted populations
Limited English Proficiency (LEP)
www.lep.gov
Language Map App
• Enter Lep.gov website
• On the left panel click on “LEP Mapping Tool
• Scroll down to “Mapping LEP Populations in
Your Community”
• Select your state
• Select a dataset for the map: “County-level,
number of LEP individuals”
• Select Get Map
Limited English Proficiency (LEP)
Factor 1- Geography
U.S. Census Data
• When determining the number and proportion of LEP
persons encountered in the eligible service population of
the program, geography selection is critical
• Statewide
• County
• Census Tract
Limited English Proficiency (LEP)
U.S. Census Data - County
• American FactFinder – US Census
• Advanced Search
• Show me all
• 1 type in “B16001” – Select “Language Spoken
at Home by Ability to Speak English…
• 2. Select Geography
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Pull – select County
Select – State
Click on “ALL Counties”
Select “Add to your Selection”
Close the box by clicking on X upper right
• Once out of geographies, click GO
• Select report-2014 ACS 5-year
estimates.
• The ACS report breaks out LEP for
counties.
Limited English Proficiency (LEP)
How to Find a Census Tract Number
https://www.census.gov/geo/maps-data/maps/2010tract.html
Limited English Proficiency (LEP)
How to Find a Census Tract Number
Click into the county
Limited English Proficiency (LEP)
How to Find a Census Tract Number
Click into top link for map of tracts
Limited English Proficiency (LEP)
Once you have tract # go back to Factfinder census
Limited English Proficiency (LEP)
U.S. Census Data Tract
• American FactFinder – US Census
Advanced Search
Show me all
1 type in “B16001” – Select “Language
Spoken at Home by Ability to Speak
English…
2. Select Geography
Pull – select County
Select – Census Tract
Click on “ALL tracts that apply”
(210,211,212 for Williamson Co.)
Select “Add to your Selection”
Close the box by clicking on X upper
right
Limited English Proficiency (LEP)
Limited English Proficiency (LEP)
Limited English Proficiency (LEP)
Factor 2 – Frequency
• Factor 2 – The frequency with which LEP persons come into contact
with the assisted program, activity, and services
• Based on Census data, look at language groups that speak English
“less than very well”
• Prior experience with LEP persons
• Daily, weekly, monthly, quarterly, etc.
• Consult with LEP persons and targeted populations
Limited English Proficiency (LEP)
Factor 3 – Importance
• Factor 3 – The importance of the program activities, or
services to the LEP persons
• Consider the consequences of lack of access
• What effect will lack of access have on the LEP person, their
family or their health and welfare?
• Programs that meet physiological and safety needs
Limited English Proficiency (LEP)
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
Limited English Proficiency (LEP)
Language Access Plan
After completing the four-factor analysis and deciding on what language
assistance services are appropriate, a recipient should develop an implementation
plan to address the identified needs of the LEP populations it serves.
• Recipients may choose not to develop a plan; however, the absence of a written
LEP plan does not obviate the obligation to ensure meaningful access by LEP
persons to their programs and services.
Language Access Plan (LAP)
Using the data, information and results from the 4-Factor Analysis,
each recipient should develop a Language Access Plan (LAP) or
comparable document that covers the following six (6) elements:
• 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
Language Access Plan (LAP)
Part 4: Vital document translations (Safe Harbor
Provisions)
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
Translated vital documents
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)
• Part 5: Notice to LEP persons and populations
• Part 6: Monitoring and Updating the LAP.
Recipients may have a Language Access Plan or
Comparable document available for review during their
next regularly scheduled compliance review. A complete
Language Access Plan includes ALL six (6) Parts listed
above.
Limited English Proficiency (LEP)
Limited English Proficiency (LEP)
Examples of Language Assistance Services
• Oral interpretation services
• Bilingual staff
• Telephone interpreter lines
• Written language services
• Community volunteers
• Google translate (can be embedded in website )
Limited English Proficiency (LEP)
Language Access Plan (LAP)
• Format of the plan is not prescriptive – as long as it contains
all six (6) required parts (elements).
• Ensure recipients have LAP and It is being implemented.
• Ensure recipient staff is aware of LAP and its components.
• Look for examples of how LEP is implemented in program,
service, or activity.
Limited English Proficiency (LEP)
RD Monitoring and Evaluation
• Recipients will be reviewed in accordance with Departmental
Regulation 4330-003 nondiscrimination in programs and activities
receiving Federal financial assistance from USDA (Issued 10/05/2015)
• Rural Development (State Office) is responsible for incorporating LEP
into the periodic civil rights recipient review (RD 400-8)
• LEP is a component of compliance with Title VI requirements
(National Origin)
Limited English Proficiency (LEP)
LEP Plan Evaluation
USDA should obtain copy of the LEP for the case file.
How often are the plans reviewed/updated Recipient – recommended annually
Compliance Review Officers to review during each compliance
review
LEP plan is required before loan and grant approval as part of the
pre-ward review.
RD’s responsibility vs. Recipient’s responsibility.
Limited English Proficiency (LEP)
Basic LEP Questions - Compliance Reviews
RD Office of Civil Rights has developed a series of general questions for LEP purposes for Compliance Review Officers
(CORs) when conducting Compliance Reviews. Those questions are as follows:
1. Has the borrower or recipient completed an individualized assessment that balances the following four factors: (1) the
number or proportion of LEP persons eligible to be served or likely to be encountered within their service area, (2) the
frequency with which LEP persons come into contact with the program or activity, (3) the nature and importance of
the program, activity, or service to people’s lives, and (4) the resources available to the recipient and costs?
2. Is there a Language Access Plan in place?
a. Has another Federal agency reviewed or approved the Language Access Plan?
b. How often does the borrower or recipient update the plan?
3. Has the borrower or recipient identified “Vital Documents” in their program?
a. Are the Vital Documents available in languages other than English?
4. Does the borrower or recipient have a public notice or poster stating that language services are available free of
charge?
5. How does the borrower or recipient ensure their staff are aware of LEP requirements?
6. Are interpreter services readily available when needed?
Limited English Proficiency (LEP)
Current Milestones
• Notify existing recipients and provide training.
• Recipients develop their Language Access Plan (LAP).
• RD Reviews recipient LAP’s during the next scheduled
compliance review.
• RD Incorporated LEP metrics into compliance review criteria
and quarterly report.
Language Access Plan (LAP)
Breaking Down the Language Barrier – Translating
Limited English Proficiency into Practice
https://www.youtube.com/watch?v=qaVKy-2HWIo
LEP Key Points
• 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
Q & A Session
Conclusion
That brings to a close today's civil rights LEP
training. We would like to thank you for
participating. We are aware of the daily
challenges that you may face in carrying out
Rural Development's mission and we are here
to offer our support in any way.
Again, thank you for joining us.
Limited English Proficiency (LEP)
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:
Fax:
Email:
U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410
(202) 690-7442
[email protected].
Elizabeth Messervey USDA RD Regional Civil Rights Manager
[email protected]