Grant Administration: Section 4.5 Limited English ProficiencyFederally assisted grantees are required to make reasonable efforts to provide language assistance to ensure meaningful access for Limited English Proficient persons to the grantee’s programs and activities. In compliance with Executive Order 13166, CDFA has conducted the four-factor analysis for statewide purposes and developed the following Language Access Plan (LAP) for Limited English Proficiency (LEP) persons.
In certain situations, failure to ensure that persons who have limited English proficiency can effectively participate in, or benefit from, federally assisted programs may violate the federal prohibition against national origin discrimination.
All municipalities are required to follow the measures outlined below.
Step 1: Conduct Analysis
Conduct the Four Factor Analysis prior to advertising the initial public hearing. The steps for a Four Factor Analysis are included in Attachment 4-10. Attachment 4-10 Four Factor Analysis
Step 2: If Required, Provide Language Assistance during Application Process
If the Four Factor Analysis reveals one or more LEP populations (an LEP population of five percent but at least 50 persons or a LEP population of 1,000 or more persons) within the municipality or other factor in the analysis dictates the need for language assistance, the grantee will provide appropriate language assistance by 1) posting notices of the CDBG application public hearings in areas frequented by LEP persons of the threshold population(s) in the language(s) spoken, and 2) providing translation services at public hearings if requested to do so by LEP persons.
Step 3: Develop Language Access Plan (LAP)
If an application is funded and if the Four Factor Analysis dictates, the community will be required to develop a LAP and provide a description of outreach efforts. Particular attention will be given to plan details for projects including acquisition, relocation or housing rehabilitation. Guidance to develop a Language Access Plan has been included in this Implementation Guide as Attachment 4-11. Attachment 4-11 Sample Language Access Plan
Step 4: Documentation of LAP
If a LAP is required, the LAP will include certifications that Plans have been developed, adopted, and will be implemented for all CDBG funded projects. The grantee’s LAP will include an identification of all LEP populations exceeding 1,000 or five percent of total municipality population, whichever is less, or other factor requiring language assistance, the identification of materials to be made available to LEP persons, the means by which the materials will be made available to LEP persons, and the identification of any other translation services which may be necessary. Grantees will be monitored for implementation of their LAP.