2260.02 Limited English Proficiency
CESA 5 is committed to providing equal opportunity in all programs and services to ensure full compliance with all civil rights laws, including Title VI of the 1964 Civil Rights Act, which requires non-discrimination on the basis of national origin. Equal opportunity includes physical and program access for persons with disabilities and program access for persons with Limited English Proficiency (LEP). Program and physical access for persons with disabilities is covered in the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973 as amended, Section 504.
It is the policy of this agency to provide language access services to populations of persons with Limited English Proficiency (LEP) who are eligible to be served encountered by our programs. Such services will be focused on providing meaningful access to our programs, services and/or benefits.
The following definitions and other provisions are applicable to this policy:
• Title VI of the Civil Rights Act of 1964,42 U.S.C. 2000d.et seq. And its implementing regulation at 45 CFR part 80 - The law that protects individuals from discrimination based on their race, color, or national origin under any program or activity that receives Federal financial assistance.
• Limited English Proficiency (LEP) -Those customers who cannot speak, read, write, or understand the English language at a level that permits them to interact effectively with program service providers.
• Vital documents - A document, paper or electronic, that contains information that is critical for accessing the provider/agency services and/or benefits; letters or notices that require a response from the customer; and documents that inform customers of free language assistance.
• Safe Harbor -The threshold that permits programs to decide when a written translation is required in order to comply with Title VI of the Civil Rights Act of 1964. The following are the thresholds:
- Written translations of agency vital documents will be provided for each eligible language group that constitutes at least 5% or 1,000 individuals, whichever is less, of the population of persons eligible to be served or encountered by programs in the service area.
- If there are fewer than 50 persons in a language group, the recipient does not translate vital written materials, but provides written notice in the primary language of the LEP group of their right to oral interpretation of those written materials, free of cost.
• Major LEP Language Groups -The populations of persons with Limited English Proficiency (LEP) in Wisconsin that represent 5% or 1,000 individuals in the area. For Wisconsin, the Statewide Major LEP Language Groups are Spanish and Hmong.
• Qualified Interpreters - Qualified interpreters have: demonstrated proficiency in English and the second language; demonstrated knowledge in both languages of relevant specialized terms or concepts; and documentation of completion of training on the skills and ethics of interpretation, and awareness of relevant cultural issues.
• Interactive Voice Response - (IVR System) an automated system that enables callers to obtain and provide information over the telephone in English and other languages.
LIMITED ENGLISH PROFICIENCY COORDINATOR
A Limited English Proficiency Coordinator (LEPC) will be appointed at the management level to oversee the LEP requirements and procedures, including as required by funding recipients. LEP planning and services are provided in coordination with provisions of equal opportunity in services and employment.
The agency management level Limited English Proficiency Coordinator is Jeremy Biehl, 608.745.5410.
The agency back-up LEPC is Wayne Moll, 608.745.5415.
ASSESSMENT AND PLANNING
LEP populations to be served will be assessed on an annual basis and the major language groups identified. Following the assessment, a plan and related procedures and requirements will be developed to meet the needs of eligible or encountered populations and assure compliance with the agency’s LEP policy.
MONITORING
Regular monitoring of the plan will be conducted in accordance with the agency’s monitoring procedures.
WRITTEN NOTICE OF LANGUAGE ACCESS RIGHTS
Language access statements shall inform LEP clients of their rights as follows:
• Their right to qualified interpreter services at no cost to them.
• Their right not to be required to rely on their minor children, other relatives, or friends as interpreters.
• Their right to file a grievance about the language access services provided them.
Written language access rights will be distributed in the major LEP languages through the following methods:
• Posting of signs in lobbies and waiting areas
• Customer orientations
• Statements in appeal notices
• Statements in brochures, booklets, outreach, recruitment information and other materials that are routinely disseminated to the public.
EQUAL OPPORTUNITY POLICY AND DISCRIMINATION COMPLAINT POSTINGS
The Equal Opportunity Policy and Discrimination Complaint Process will be posted in plain view in the major languages in every service area or point of customer contact, i.e., reception or customer waiting areas.
INTERPRETATION AND TRANSLATION
• WRITTEN TRANSLATION
Written translation of agency vital documents will be provided for each eligible language group that constitutes 5% or 1,000 individuals, whichever is less, of the population of persons eligible to be served encountered by our programs.
If there are fewer than 50 persons in a language group, the recipient does not translate vital written materials, but provides written notice in the primary language of the LEP group of their right to oral interpretation of those written materials, free of cost.
The provision of written translation of agency documents, including vital documents, will be in accordance with an annual agency plan that addresses costs and priorities.
• ORAL INTERPRETATION
Oral interpreters will be offered to customers in a timely manner free of charge. Services offered to LEP customers will be documented in appropriate records.
• ACQUIRING TRANSLATION AND INTERPRETATION SERVICES
Resources and procedures for obtaining oral interpretation and written translation will be made available to program staff. The Wisconsin Department of Workforce secured services as follows. Information necessary for piggybacking on those services is below.
Oral Communication
Contract Information for Telephone Conference-Call Foreign-Language Oral Interpretation Services
http://vendornet.state.wi.us/vendornet/asp/contractdetail.asp?BuIIetinlD=1762
Written Communication
Contract Information for Written Translations; Translation Services for written documents.
http://vendornet.state.wi.us/vendornet/asp/contractdetail.asp?BuIletinlDl476
• COMPETENCY OF INTERPRETERS AND TRANSLATORS
Qualified interpreters and translators will be utilized to provide services. Interpreters and translators will be screened for appropriate training and cultural sensitivity, and will be required to comply with agency confidentiality policies and Code of Ethics when interpreting or translating.
OTHER COMMUNICATION METHODS
Interactive Voice Response Systems, voicemail, web pages, posters, videos, and media used will be made accessible to LEP populations in accordance with the agency’s plan to translate vital documents and other materials.
Electronic systems and computer-generated notices will be made accessible to LEP populations in accordance with the agency’s plan to translate vital documents and other materials.
TRAINING
Training, including refresher training, will be made available to agency staff and funding recipients.
· COMMUNITY OUTREACH
Community outreach to the major LEP groups served by the agency’s programs will be conducted to ensure LEP customers have equal access to services.
· AUTHORITY
Executive Order 13166
Title VI of the Civil Rights Acts
Adopted 4/4/2013