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Who is an LEP (Limited English Proficient) individual?
Individuals who do not speak English as their primary language and who have a limited ability to read, write, speak, or understand English can be limited English proficient, or LEP.
What is the LEP Four Factor Analysis?
Effective June 12, 2002, the U.S. Department of Justice (DOJ) adopted its final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, under Executive Order 13166, and replaced its existing guidance on the same subject originally published at 66 FR 3834 (January 16, 2001)
Contained within the Guidance, the DOJ formulated a four factor analysis to assist agencies in determining the level of service necessary in providing meaningful access to the agency's programs and services where language could pose a barrier.
LEP four factor analysis
The resources below are provided to assist agencies in determining Factor #1 - the number or proportion of LEP persons eligible to be served or likely to be encountered by the program, grantee or recipient. DOJ has also made its self-assessment tool available on-line through their web site.
Agencies should note that there are multiple factors in determining the number or proportion of LEP individuals within a service community. Most significantly, the agency's own experience with LEP populations (Factor #2) and the experience of other entities/agencies within the same service community should be considered and evaluated.
Community specific sources of LEP data and community specific influences on LEP may include
1) non-profit social service programs
2) places of worship & faith-based initiatives
3) municipal & county government services
4) medical & emergency services (municipal & private)
5) seasonal employment (construction, farming, tourism)
6) business activities & educational institutions
7) tourism (destinations and events)
8) transportation routes & points of entry (highways, border crossing points & airports)
This information is only a guide. Agencies with questions regarding compliance with the applicable statutes may wish to seek legal advice from a licensed attorney.