Kansas State University

Civil Rights: Limited English Proficiency

Submitted by Jennifer R Wilson

As an agency that receives federal funds, K-State Research and Extension is obligated to take reasonable steps to ensure that those with Limited English Proficiency (LEP) have meaningful access to our programs, services and information. On August 11, 2000, Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” was signed into law adding Limited English Proficiency to the list of civil rights protections. Limited English Proficiency refers to persons who do not speak English as their primary language and/or who have limited ability to read, write, speak or understand English. Approximately 11.5% of Kansans speak a language other than English, with 65% of those speaking Spanish. About 81,500 Kansans report that they do not speak English well or at all.

K-State Research and Extension has certain legal obligations to ensure nondiscrimination for LEP persons.

• Requests for language support services--KSRE has a legal obligation to provide accommodations for individuals with limited English proficiency. Therefore, it is unlawful to deny a request for language support services to a person who is a participant, or wants to participate in KSRE programs, services, and activities.
  
  
• Requests made by members of the public—KSRE is legally obligated to provide translation or interpretation services any time a member of the public requests services in connection to their—or someone else’s—restricted ability to access or understand English-only information that is related to our educational programming activities.
  
  
• Programming that requires critical or vital communication--Critical or vital communication means information in any format that clientele/participants need to access programming. Any English-only document used by KSRE in an official capacity is subject to translation. This is particularly true for applicant participation, release or consent forms, documents related to a participant’s medical history, emergency information, and other documents that ask for information that is sensitive in nature.
  
  
• General educational programming--KSRE may be legally obligated per Title VI to provide language support services in educational programming based on, among other things, 1) the nature and scope of the project, 2) the target audience, and 3) community demographics within the designated service area.

The federal government uses a four-factor analysis for determining how to respond to language access needs. The four-factor analysis includes the:

• Number or portion of LEP persons in target or eligible population—the greater the number or proportion of LEP persons within the eligible service population, the more likely language services are needed.

• Frequency of contact the organization’s programs have with LEP audiences—the more frequent the contact with a particular language group, the more likely that enhanced language services for that group will be needed.

• Nature and importance of the program or activity—the more important the information, service or benefit provided in a program or activity, or the greater the possible consequences of the contact to LEP persons, the more likely language services will be needed.

• Organizational resources available to implement language access services—the nature of language services that must be provided may be dependent on the resources available to provide the services.

 Local units should assess the number or proportion of limited English speakers in the local population. If a significant portion of the population has Limited English Proficiency, a local language services plan needs to be developed. Contact Extension Operations with questions and for resources.