Checklist for Developing a Limited English Proficiency (LEP) Plan

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LEP Checklist Using Written Translation Services Determine documents to be translatedDetermine which documents are “vital,”such as:◦ Applications, consent forms andcomplaint forms;◦ Written tests (those that do notassess English competency);◦ Letters containing importantinformation regarding participationin a program or activity;◦ List of partners and servicesprovided at a One-Stop;◦ Notices pertaining to reduction,denial or termination of services orbenefits and of the right to appealsuch actions;◦ Notices that require a responsefrom beneficiaries;◦ Information on the right to filecomplaints of discrimination;◦ Information on the provision ofservices to individuals withdisabilities;Translation is the replacement of awritten text form one language into anequivalent written text in anotherlanguage.After an analysis of the four factors, arecipient may determine that an effectiveLEP plan includes the translation ofcertain vital written materials into thelanguage of each frequently-encounteredLEP group eligible to be served and/orlikely to be affected by the program.Whether or not a document or theinformation it provides and/or solicits is"vital" may depend upon the importanceof the program, information, encounter,or service involved, and the consequenceto the LEP person if the information inquestion is not provided accurately or ina timely manner.Sometimes a document includes bothvital and non-vital information. Thismay be the case when the document isvery large. It may also be the case whenthe title and a phone number forobtaining more information on thecontents of the document in frequentlyencounteredlanguages other thanEnglish is critical, but the document issent out to the general public and cannotreasonably be translated into manylanguages. Thus, vital information mayinclude, for instance, the provision ofinformation in appropriate languagesother than English regarding where aLEP person might obtain aninterpretation or translation of thedocument.◦ Notices advising LEP persons ofthe availability of free languageassistance;◦ Explanation of how to filecomplaint and complaint process;and◦ Other outreach materials.7-2-03 Page 9
LEP Checklist Determine the languages thedocuments are to be translated to.◦ Translate vital documents into atleast several of the morefrequently encounteredlanguages.◦ Set benchmarks for continuedtranslations into the remaininglanguages over time. Ensure the competence of translatorsThe languages spoken by the LEPindividuals with whom you have contactdetermine the languages into which vitaldocuments should be translated.You should determine the extent of yourobligation to provide written translationof documents on a case-by-case basis,looking at the totality of thecircumstances in light of the four-factoranalysis.(As you consider the languages thatdocuments are to be translated into, nowis a good time to think about translationof vital documents for persons withdisabilities—for instance into Braille— ifyou haven't already done so.)◦ Consider using certifiedtranslators.◦ Consider using a second,independent translator to checkthe work of the primary translator.◦ Consider “back translating” whereone person can translate thedocument and a second,independent translator, cantranslate it back into English tocheck that the appropriatemeaning has been conveyed.As with oral interpreters, translatorsshould be competent. Many of the sameconsiderations apply. However, a personwho is a competent interpreter may ormay not be a competent translator.◦ Ensure translators understand theexpected reading level of theaudience.◦ Ensure translators, whereappropriate, have fundamentalknowledge about the targetlanguage group’s vocabulary andphraseology.7-2-03 Page 10
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Checklist for Developing a Limited English Proficiency (LEP) Plan

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