Reso 2013-136 - Laserfiche WebLink

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4 HUD has provided four "safe harbor"1 provisions for determining the eligible population of LEP persons to be served by a LAP. In essence, a safe harbor is a program criterion which, when met, is evidence that the agency implementing the LAP has made a reasonable effort to identify LEP persons who may need language services. To meet our LEP obligations, the City must take reasonable steps to ensure meaningful access to LEP persons. To balance the need for access to critical services while not imposing undue financial burdens, the City conducted an assessment of need that balances the following four factors: (1) The number or proportion of LEP persons eligible to be served or likely to be encountered by the program or grantee; (2) The frequency with which LEP persons come in contact with the program; (3) The nature and importance of the program, activity, or service provided by the program; and, (4) The resources available and costs to the grantee/recipient. Factor 1: The number or proportion of LEP persons served or eligible to be served or likely to be encountered by the program or grantee. To determine need, SLTMO considered language services needed by current program participants and applicants, as well as outreach to potential participants. SLTMO updated the language needs by evaluating data from the US Census Bureau 2011 American Community Survey’s (ACS) One-Year Estimate. According to ACS, 33% of San Leandrans in 2011 were foreign born. Among people at least five years old living in San Leandro in 2011 50.7% spoke a language other than English at home. Census questionnaires ask respondents to rate their English proficiency, and people's ratings of their own English abilities contribute to LEP statistics. Of those speaking a language other than English, 27.7% indicated they spoke English less than “very well”, persons categorized as the LEP population. The ACS statistics break down as follows: 1 A "safe harbor", in the context of this guidance, means that the recipient has undertaken efforts to comply with respect to the needed translation of vital written materials. If a recipient conducts the four-factor analysis, determines that LEP applicants or beneficiaries need translated documents, adopts a LAP that specifies the translation of vital materials, and makes the necessary translations, then the recipient provides strong evidence, in its records or in reports to the agency providing federal financial assistance, that it has made reasonable efforts to provide written language assistance. http://www.hud.gov/offices/fheo/promotingfh/lep-faq.cfm#q19.