Limited English Proficient Limited English Proficient (LEP)(LEP)

An LEP individual is a person who is An LEP individual is a person who is unable to speak, read, write or unable to speak, read, write or understand the English language at a understand the English language at a level that permits him or her to level that permits him or her to interact interact effectivelyeffectively with health and with health and social services agencies and social services agencies and providers.providers.

LEP and Title VILEP and Title VI

To comply with To comply with Title VITitle VI

federally-funded federally-funded entities must entities must

ensure that LEP ensure that LEP persons persons

have have meaningful meaningful accessaccess..

Key to LEP ComplianceKey to LEP Compliance

– To ensure To ensure meaningful meaningful accessaccess covered covered entities must: entities must:

– provide language provide language assistanceassistance that results in that results in

accurate and accurate and effective effective communicationcommunication

at no costat no cost

Meaningful Access - FactorsMeaningful Access - Factors

– size of the covered entitysize of the covered entity– size of eligible population size of eligible population – nature of program/servicenature of program/service– program objectives program objectives – resourcesresources– frequency of encountersfrequency of encounters

discrete languages anddiscrete languages and LEP individualsLEP individuals

Oral Language AssistanceOral Language Assistance

Covered entities must provide:Covered entities must provide:– Language interpreters Language interpreters – Trained & competent Trained & competent

interpretersinterpreters– Assistance must be timelyAssistance must be timely– At no cost to the LEP personAt no cost to the LEP person

Oral Language AssistanceOral Language Assistance

Best Practice - Trained & competent interpreters:Best Practice - Trained & competent interpreters:- Minimum of 16 hrs.- Minimum of 16 hrs. of training of training

- Training must include:- Training must include:

Ethical and practice standards, terminology, Ethical and practice standards, terminology, interpretation skills, professional conduct, cultural interpretation skills, professional conduct, cultural competency competency

- Competency- Competency::

Oral proficiency, Assessment of ethics, Integrated Oral proficiency, Assessment of ethics, Integrated interpreter skills, terminology and cultural interpreter skills, terminology and cultural understanding understanding

TranslatorTranslator

Oral Language AssistanceOral Language Assistance

Assistance Must be timelyAssistance Must be timely- Same day assistance - Same day assistance

- At no cost- At no cost

Types of Oral Language Types of Oral Language AssistanceAssistance

– Bilingual staffBilingual staff– Staff interpretersStaff interpreters– ContractorsContractors– VolunteersVolunteers– Telephone Telephone

language linelanguage line

Oral Language AssistanceOral Language Assistance

Do not requireDo not require

applicants/clients applicants/clients to: to:

– use family or use family or friends friends

– use minor childrenuse minor children

““Non-applicant” family members:Non-applicant” family members: immigrant family members immigrant family members who do who do

not expect to receive benefitsnot expect to receive benefits

must must notnot be requiredbe required to disclose: to disclose: Proof of immigration/citizenship Proof of immigration/citizenship status; status; oror

SSNsSSNs

Policy Guidance Policy Guidance

LEP scenario #1LEP scenario #1

You are the intake worker taking care of You are the intake worker taking care of walk-in customers. You see a customer walk-in customers. You see a customer comes in toward you with her young comes in toward you with her young daughter (approximately 12 years of daughter (approximately 12 years of age). The customer approaches you at age). The customer approaches you at the front desk, but the customer doesn’t the front desk, but the customer doesn’t talk to you, rather her daughter start talk to you, rather her daughter start talking to you in English. Her daughter talking to you in English. Her daughter asked you where they can go to apply for asked you where they can go to apply for assistance such as food and medical. assistance such as food and medical.

LEP scenario #2LEP scenario #2

You are an intake caseworker a customer You are an intake caseworker a customer comes to your desk and in broken comes to your desk and in broken English. He starts requesting assistance English. He starts requesting assistance for services and benefits. You understand for services and benefits. You understand part of what the customer is saying, but part of what the customer is saying, but you are not sure if the customer you are not sure if the customer understands you. The customer insists understands you. The customer insists that he doesn’t need an interpreter.that he doesn’t need an interpreter.

LEP scenario #3LEP scenario #3

Carlos’s daughter is under temporary custody by Carlos’s daughter is under temporary custody by the county agency. During the court hearing the county agency. During the court hearing caseworkers, Jane Doe and Mary Doe, learned that caseworkers, Jane Doe and Mary Doe, learned that Carlos’s mother, Isabel, was interested in Carlos’s mother, Isabel, was interested in obtaining permanent custody of Carlos’s obtaining permanent custody of Carlos’s daughter. A Spanish interpreter was used during daughter. A Spanish interpreter was used during the court hearing to communicate with Isabel.the court hearing to communicate with Isabel.

After the court hearing, Jane and Mary Doe, met After the court hearing, Jane and Mary Doe, met with Isabel in three different occasions, during a with Isabel in three different occasions, during a period of about five months to discuss period of about five months to discuss determination of eligibility for legal custody, home determination of eligibility for legal custody, home study, visitation arrangements, completion of vital study, visitation arrangements, completion of vital documents (in English), etc.. Isabel’s daughter (18 documents (in English), etc.. Isabel’s daughter (18 years of age) was used as the interpreter for all years of age) was used as the interpreter for all the meetings and also for couple of telephone the meetings and also for couple of telephone calls to the county agency.calls to the county agency.

LEP scenario #4LEP scenario #4

Ms. Gonzalez has been receiving food stamps, cash Ms. Gonzalez has been receiving food stamps, cash assistance and Medicaid for her children. During a assistance and Medicaid for her children. During a two year period Ms. Gonzalez met with the county two year period Ms. Gonzalez met with the county agency staff eleven times and only in three agency staff eleven times and only in three occasions an interpreter was provided. Ms. occasions an interpreter was provided. Ms. Gonzalez’s daughter, who was 18 years old acted Gonzalez’s daughter, who was 18 years old acted as the Spanish interpreter on eight different as the Spanish interpreter on eight different occasions. To expedite her request, the workers occasions. To expedite her request, the workers allowed her daughter to interpret for her.allowed her daughter to interpret for her.

Ms. Gonzalez received mail notification (in English) Ms. Gonzalez received mail notification (in English) for renewing her benefits. Ms. Gonzalez did not for renewing her benefits. Ms. Gonzalez did not understand the letter, therefore missed the understand the letter, therefore missed the appointments and also did not provide all the appointments and also did not provide all the required documentation to renew her benefits. required documentation to renew her benefits. Ultimately the county agency cancelled all of her Ultimately the county agency cancelled all of her benefits.benefits.

Written TranslationsWritten Translations

– Translate documents Translate documents into regularly into regularly encounteredencountered

non-English non-English languages languages (when a significant (when a significant number or number or percentage of the percentage of the eligible population is eligible population is LEP and needs the LEP and needs the services or services or information)information)

Vital DocumentsVital Documents

– Application formsApplication forms– Enrollment forms Enrollment forms – Letters or notices Letters or notices

about eligibility or about eligibility or any change in any change in benefitsbenefits

– Anything that Anything that requires a responserequires a response

– Medical or discharge Medical or discharge informationinformation

““Safe Harbors”Safe Harbors”

– For each language For each language group with fewer group with fewer than 100 persons, than 100 persons, the entity the entity provides provides written written notice of the right to notice of the right to receive oral receive oral interpretation of interpretation of written materials in written materials in the primary language the primary language of the group.of the group.

““Safe Harbors”Safe Harbors” All written All written

materials are materials are translated for each translated for each LEP group of 10% or LEP group of 10% or 3000 (whichever is 3000 (whichever is less) of the eligible less) of the eligible population. population.

Vital documents are Vital documents are translated for each translated for each LEP group of 5% or LEP group of 5% or 1000 (whichever is 1000 (whichever is less) of the eligible less) of the eligible populationpopulation..

Notice of Language Notice of Language AssistanceAssistance

Examples:Examples:– Language identification cards/postersLanguage identification cards/posters– Signs posted in non-English languagesSigns posted in non-English languages– Statements in non-English languages in Statements in non-English languages in

brochures, outreach materials, etc brochures, outreach materials, etc – Telephonic messages in non-English Telephonic messages in non-English

languageslanguages– Public Service AnnouncementsPublic Service Announcements– Community outreachCommunity outreach

Contact InformationContact Information

Bureau of Civil Bureau of Civil RightsRights

30 E. Broad St., 30 E. Broad St., 1818thth Fl. Fl.

Columbus, Ohio Columbus, Ohio 4321543215

(614) 644-2703(614) 644-2703