2001 Limited English Proficiency / Sensory Impairment (LEP/SI) Policy

Georgia State Seal

Department of Human Services

Policy and Manual Management System

Index:

POL 2001

Revised:

04/26/2023

Next Review:

04/26/2025

Subject

Civil Rights to include meaningful access for constituents with Limited English Proficiency (LEP) and equally effective communication for constituents with vision, hearing, or speech disabilities [sensory impairments (SI)].

Policy

In compliance with federal laws prohibiting discrimination on the basis of national origin and disability, it is the policy of the Georgia Department of Human Services (Department or DHS) to take reasonable steps to ensure meaningful access for constituents with limited English proficiency (LEP) and equally effective communication for constituents with vision, hearing, or speech disabilities [sensory impairments (SI)] to all programs and activities conducted or supported by the Department. To this end, DHS:

  • Provides qualified language assistance services (interpretation and translation) and appropriate auxiliary aids and services at no cost to its constituents to ensure all have meaningful access and an equal opportunity to participate in DHS programs and activities.

  • Notifies individuals with LEP and individuals with disabilities about the availability of free communication assistance and how to request it in a language and format that they can understand.

  • Notifies individuals with LEP and individuals with disabilities about the Department’s grievance procedures and in a language and format that they can understand.

  • Trains staff on the DHS’s language and disability access requirements.

  • Monitors provision of communication assistance as necessary to ensure compliance with federal Civil Rights statutes and regulations.

For the Division of Family and Children Services (DFCS), please refer to the DFCS Civil Rights Policy Manual 3400: Chapter 3400, Americans with Disabilities Act (ADA)/Section 504 Policy number 3401 for policy and procedures related to SI/ADA.

Authority

  • 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. and 7 C.F.R. 272.4(b) et seq.

  • 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 CFR 15b et seq.

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

  • 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.

  • 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.

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

  • 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)

  • 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)

  • 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).

Applicability

This policy applies to all Divisions and Offices of DHS for programs, services and activities provided by DHS, its local agencies and its subrecipients.

Definitions

See MAN 2001

Responsibilities

The Office of General Counsel is responsible for issuing and updating, as appropriate, procedures to implement this policy.

History

This revision replaces Policy 1701, which was effective April 10, 2019.

Evaluation

Service delivery to LEP/SI constituents are evaluated by:

  • Mystery Shopper reports

  • DFCS Quality Control Reviews

  • LEP/SI program evaluation

  • Federal audits and reviews

  • Feedback from Community Partners