In 2004, the United States Department of Justice (DOJ) announced that it would send representatives from its Civil Rights Division to help monitor elections in several California counties that have a large number of citizens with "limited English proficiency." The counties are required, by federal voting acts, to provide voting materials in a number of languages other than English.

In 2003, the DOJ reached a settlement with a public school district in an effort to overcome barriers faced by students from non-English speaking backgrounds. The school district voiced its commitment to ensuring that its students with limited English proficiency would receive a quality education.

What is "Limited English Proficiency?"

A person may have Limited English Proficiency, or "LEP," if he or she does not speak English as a primary language or has a limited ability to read, speak, write, or understand English. The federal government has determined that these individuals may be entitled to interpreters, translators, or other "language assistance" needed to access or to participate in certain services or benefits, such as voting, education, and medical care.

What laws are designed to assist people with Limited English Proficiency?

Several federal laws make provisions for "language access." These laws include Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on national origin, and the regulations promulgated or created pursuant to the Civil Rights Act.

In 2000, President George W. Bush signed an "Executive Order" that requires all federal agencies that provide federal financial assistance to issue guidance or advice on how the recipients can provide meaningful "language access" to those individuals who are "LEP." For example, a federal agency that administers funds and programs for low income home buyers has to develop guidance on how lending institutions could take reasonable steps to meet the language needs of such individuals.

Similarly, hospitals, health care insurers, and social service agencies that receive federal funding are required by the Executive Order to create policies so that people with limited English skills can effectively access health services and social services.

The Executive Order also requires that the federal agencies themselves develop written policies and plans to ensure that they, too, provide meaningful access to persons whom are LEP. For example, the Department of Commerce, Bureau of the Census, has created an "I Speak" language identification card. The card is written in nearly 40 languages. An individual who speaks a language other than English can point out his or her language on the card.

The requirements of the Executive Order are applicable to private and non-profit organizations and programs that receive federal funds, property, or grants.

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