2005 NS HR&R - CHICLE Approval of Contract for Development of a Limited English Proficiency Assessment Tool

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Recipients of federal funding and federal agencies are required to take reasonable steps to ensure meaningful access to their programs and activities by LEP persons who are five (5%) of the total population or 1000 individuals, whichever is less. While the standard of "reasonable steps to ensure meaningful access" is designed to be a flexible and fact-dependent standard, the starting point is an individualized assessment that balances several factors. Examples of discriminatory practices taken from Department of Justice literature include: a. Your child's school sends important information or a notice to you in English. The school knows you speak only Spanish. The school refuses to provide the information in Spanish and suggests instead that your child interpret the information for you. b. You try to apply for food stamps. The application is in English. You do not understand the application. The food stamp office workers tell you to come back with an interpreter. Executive Order 13166 ~ the United States Department of Justice On August 11, 2000, President Bill Clinton issued an Executive Order effectively requiring enforcement and compliance with Title VI and ordering, among other things, that all federal agencies create policies and procedures for providing access to government services for LEP communities. The United States Department of Justice is primarily responsible for coordinating LEP efforts and compliance if internal compliance efforts are unsuccessful. Department of Justice compliance guidance states that a successful written plan, while not required, should include provisions to address, among other concerns, accurate and culturally competent interpretation services and use of informal interpreters (family members, guardians, friends, children, etc.). Orange Coun Orange County is currently required to provide meaningful access to Spanish speaking LEP individuals. Chinese (Mandarin) speaking LEP individuals are a growing population in Orange County and access services may soon be required for this population as well. The Health Department, the Department of Social Services and the Immigrant Emergency Communications group have identified significant barriers to LEP access including: interpreter/staff/volunteer qualifications, culturally competent service, and appropriate use of interpreter/staff/volunteer skills. The Health Department and the Department of Social Services have been required to submit voluntary compliance plans to the North Carolina Department of Health and Human Services (NCDHHS) consistent with expectations from the United States Department of Health and Human Services. The United States Department of Health and Human Services noticed the rapidly growing LEP population in North Carolina and focused intense scrutiny on this state and its agencies in its compliance efforts.