2004 Special Session I

Budget Amendments - SB5001 (Committee Approved)

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Access For Limited English Proficient Persons (language only)

Item 354 #5s

Item 354 #5s

Health And Human Resources
Social Services, Department of

Page 281, after line 16, insert:
"I.  The Department of Social Services shall implement the Guidance issued by the U.S. Department of Health and Human Services concerning the obligation of recipients of Federal financial assistance to comply with Title VI of the Civil Rights Act of 1964 by ensuring that meaningful access to federally-funded programs, activities and services administered by the Department is provided to limited English proficient (LEP) persons, 63 Fed. Reg. 47,311-47,323 (August 8, 2003).  At a minimum, the Department shall (1) identify the need for language assistance by analyzing the following factors:  (a) the number or proportion of LEP persons in the eligible service population, (b) the frequency of contact with such persons, (c) the nature and importance of the program, activity or service, and (d) the costs of providing language assistance and resources available; (2) translate vital documents into the language of each frequently encountered LEP group eligible  to be served; (3) provide accurate and timely oral interpreter services; and (4) develop an effective implementation plan to address the identified needs of the LEP populations served."

(This amendment requires the Department of Social Services to comply with federal Guidance concerning the provision of services to limited English proficient (LEP) persons. Title IV of the Civil Rights Act of 1964 requires recipients of Federal financial assistance to ensure meaningful access to federally-funded programs for persons whose primary language is other than English by providing appropriate translation and interpreter services. In its study of the Acclimation of Virginia's Foreign-Born Population, the Joint Legislative Audit and Review Commission identified serious deficiencies in this regard in the administration of human services programs in Virginia.)