Section I General Information | LEPSI-2001-MANUAL

The Access Plan for Constituents with Limited English Proficiency (LEP) and with vision, hearing, or speech disabilities [sensory impairments (SI)] (the Access Plan) applies to all Divisions and Offices of the Department of Human Services (DHS or Department) for programs, services and activities provided by DHS, its local offices and its subrecipients unless otherwise noted.

Division of Family & Children Services (DFCS) employees are required to provide equally effective communication for constituents with disabilities in accordance with the DFCS ADA/Section 504 and Civil Rights policies and procedures found at: dfcs.georgia.gov/adasection-504-and-civil-rights.

The policy of DHS is to provide meaningful access to constituents with LEP and equally effective communication for constituents with vision, hearing, or speech disabilities [SI] within all programs and activities conducted or supported by the Department. Please refer to Policy 2001: Limited English Proficiency and Sensory Impairment (LEP/SI) Program Policy (“Policy”).

The purpose of the Access Plan is to demonstrate the Department’s commitment that constituents with LEP and SI will receive meaningful access and equally effective communication, respectively, when accessing all programs and activities within the Department. The Access Plan will include information and procedures that staff can refer to that will assist in providing meaningful access and equally effective communication.

Meaningful access generally refers to the provision of reasonable language assistance services that enables an LEP individual to have substantially equal participation in and access to the benefits of the Department’s programs and activities. Language assistance services are meaningful when they are “provided at a time and place that avoids the effective denial of the service, benefit, or right at issue or the imposition of an undue burden on or delay in important rights, benefits, or services to the LEP person” (DOJ LEP Guidance at 41461).

Equally effective communication with constituents with SI occurs through the provision of appropriate auxiliary aids and services. The goal is to ensure that individuals with SI can communicate with, receive information from, and convey information to staff as effectively as individuals without disabilities when accessing the Department’s programs and activities. The key to communicating effectively is to consider the nature, length, complexity, and context of the communication and the person’s normal method(s) of communication. This is accomplished on a case-by-case basis.

The Access Plan is in place to ensure LEP and/or SI constituents who need language assistance services (interpretation and translated materials) or auxiliary aids and services (e.g., sign language interpreters) receive qualified, competent, and timely services. The constituent contact points for communication assistance services include, but are not limited to:

The Policy and the Access Plan are consistent with Federal laws and guidance prohibiting discriminatory practices on the basis of race, color, national origin, and disability in programs and activities receiving Federal financial assistance. For SI compliance, the Policy and Access Plan are also consistent with Federal laws and guidance prohibiting discrimination on the basis of disability by state and local governments (public entities) and public accommodations.

The Access Plan is written in seven sections. Section I lays out the policy, purpose, and legal authority for the Access Plan. Section II addresses needs assessment to identify where language assistance services and auxiliary aids or services may be needed and the structure to support meaningful access and equally effective communication. Section III establishes the Department’s procedures for taking reasonable steps toward providing meaningful access for constituents with LEP and equally effective communication for constituents and companions with SI. Section IV provides guidance on posting notices in all offices within the Department as well as on digital platforms. Section V provides information regarding training for Department staff particularly those who are in a constituent facing role. Section VI identifies the need for evaluation to continually improve upon serving constituents with LEP and SI. Section VII contains all the attachments that go along with the Access Plan.

Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000 et seq.; 28 C.F.R. § 42.101 et seq.; 45 C.F.R. 80; and 7 C.F.R. § 15.1 et seq.:

Title VI prohibits recipients of Federal financial assistance from discriminating on the basis of race, color, or national origin. Title VI applies to intentional discrimination and policies, practices or procedures that have a disparate impact on the basis of race, color, or national origin. (Requiring information regarding citizenship or immigration status, and requests for social security numbers which are immaterial to eligibility determinations, may have an adverse effect on the basis of national origin).

Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §§ 794 et seq.; 28 C.F.R. 42.501 et seq.; 45 C.F.R. § 84.1 et seq. and 7 C.F.R. 15b et seq.:

Section 504 protects “qualified” individuals from discrimination by Federally assisted programs based on disability. Under this law, a person with a disability is any person who (i) has a physical or mental impairment which substantially limits one or more major life activities, (ii) has a record of such an impairment, or (iii) is regarded as having such an impairment. Major life activities include functions such as caring for one’s self, performing manual tasks walking, seeing, hearing, speaking, breathing, learning, and working. 28 C.F.R. § 42.540(k) et seq. 39.103.

Section 1557 of the Patient Protection and Affordable Care Act, 42 U.S.C. § 18116(a).:

Section 1557 and its implementing regulation provide that an individual shall not be excluded from participation in, be denied the benefits of, or be subjected to discrimination on the grounds prohibited under Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq. (race, color, national origin), Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq. (sex), the Age Discrimination Act of 1975, 42 U.S.C. 6101 et seq. (age), or Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 (disability), under any health program or activity, any part of which is receiving federal financial assistance; any program or activity administered by the Department under Title I of the Act; or any program or activity administered by any entity established under such Title. Section 1557 prohibits discrimination on the basis of race, color, national origin, age, disability, or sex (including pregnancy, sexual orientation, and gender identity), in covered health programs or activities.

Title II of the Americans with Disabilities Act of 1990, as amended, by the ADA Amendments Act of 2008, 42 U.S.C. § 12132 et seq.; 28 C.F.R. § 35.101 et seq.:

The ADA gives Federal civil rights protections to individuals with disabilities like those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications.

Title II of the ADA prohibits discrimination on the basis of disability by public entities, which are state and local governments. Title III of the ADA prohibits discrimination on the basis of disability by public accommodations, which are private entities that own, operate, lease, or lease to, a place of public accommodation, such as private hospitals, doctors' offices, pharmacies, places of lodging, retail stores, libraries, private schools, and day care centers.

An individual is considered to have a “disability” if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment. For example, persons with Human Immunodeficiency Virus (HIV) disease, both symptomatic and asymptomatic, have physical impairments that substantially limit one or more major life activities and are, therefore, protected by the law (ADA.gov).

Under the ADA Amendments Act, major life activities include Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, writing, communicating, interacting with others, and working; and the operation of a major bodily function, such as the functions of the immune system, special sense organs and skin, normal cell growth, and digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive systems. The operation of a major bodily function includes the operation of an individual organ within a body system (28 C.F.R. 35.108(c) et seq.).

Food and Nutrition Act of 2008, as amended, 7 U.S.C. § 2011 et seq.; 7 C.F.R. 272.4(b) et seq. and 7 C.F.R. 272.6 et seq.:

Section 11(c) of the Food and Nutrition Act provides nondiscrimination protections for Supplemental Nutrition Assistance Program (SNAP) households to the effect that no person in the United States shall, on the grounds of sex, race, color, age, political belief, religious creed, disability, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subject of discrimination in SNAP.

Presidential Executive Order 13166 “Improving Access to Services for Persons with Limited English Proficiency (LEP)”:

The Executive Order requires Federal agencies to examine the services they provide, identify any need for services to those with LEP, and develop and implement a system to provide those services so LEP applicants and beneficiaries will have meaningful access to them. It is expected that agency plans will provide for such meaningful access consistent with, and without unduly burdening, the fundamental mission of the agency. The Executive Order also requires that the Federal agencies work to ensure that recipients of Federal financial assistance provide meaningful access to their LEP applicants and beneficiaries. (U.S. Department of Justice Civil Rights Division).

U.S. Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 41,455, 41,457 (June 18, 2002) (DOJ LEP Guidance)

The Department of Justice (DOJ) published guidance pursuant to Executive Order 13166 to ensure agencies that receive federal financial assistance provide meaningful access to LEP individuals seeking their services.

U.S. Department of Agriculture, Guidance to Federal Financial Assistance Regarding the Title VI Prohibition Against National Origin Discrimination Affecting Persons with Limited English Proficiency, 79 Fed. Reg. 70771, (Nov. 28, 2014) (USDA LEP Guidance)

The Department of Agriculture (USDA) published guidance pursuant to Executive Order 13166 to ensure agencies that receive federal financial assistance provide meaningful access to LEP individuals seeking their services.

U.S. Department of Health and Human Services, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 68 Fed. Reg. 47,311, 47,313 (Aug. 8, 2003) (HHS LEP Guidance)

The Department of Health and Human Services (HHS) published guidance pursuant to Executive Order 13166 to ensure agencies that receive federal financial assistance provide meaningful access to LEP individuals seeking their services.