Limited English Proficiency (LEP) Update
Below is a list of Frequently Asked Questions relating to the training.
If a "Reader" is used during an exam session for a non-English speaking student, how do we distinguish the language barrier from a literacy issue? Currently, readers are not provided for English-speaking students who are illiterate...does that pose a possible unfair practice as it relates to the English-speaking student who cannot read?
First we must determine if illiteracy is caused by developmental disability. If so, ADA may apply and a reader may be a reasonable accommodation. If the person is simply illiterate, having never learned to read, then they are not covered. To determine whether it is a language barrier or an illiteracy issue, the individual should be asked what their primary language is.
I have a student who wants the test read to her in English because she is Spanish and can’t read English as well as she can understand it. She does not want to take the Spanish test because she cannot understand that Spanish.
The student should be provided the test in the Spanish dialect they understand.
How should we deal with the common complaint that they cannot pass the tests because of the difference in Spanish dialects?
Depending upon the frequency of encountering the dialect – the test should be either translated into written form, or an oral translator who is competent in the dialect should interpret the test. Additional time must be provided to a student who is having the test orally interpreted. There is no cost to the student.
Will we get direction from DCF as to how to follow these guidelines and which changes we are to implement?
Please use this training as a guide for providing effective language assistance . You may also refer to CFOP 60-16, CFOP 60-10 Chapter 3, and the Statewide Auxiliary Aids Plan or contact your Civil Rights Officer for assistance.
We offer non-English speakers opportunity to bring in a translation dictionary. Should we do more?
The test is provided to English-speaking students in their primary language; requiring a student to utilize a translation dictionary is disparate treatment and is discriminatory.
The student should be provided the test in the language and dialect they understand.
One of the slides referenced accommodating "regularly encountered" languages. Can you give more detail as to how that determination is made, i.e., "regularly encountered"?
(A) You can try using simple statistical analysis. For instance, for your region or circuit, how frequent does someone who speaks language X or Y come in contact with your region or circuit? You can try to get this information from your regional and circuit program office directors and administrators. Evaluate the information you receive to figure out how regularly someone who speaks the language you are focused on come in contact with your region or circuit.
(B) You can also try using the US Census Bureau's data for Florida and your specific region or circuit. You should work with your region or circuit administrators and directors' offices to validate your results. Ask them to try to validate for you how frequent do they come into contact with persons speaking language A during the course of a week? How about a month? Make adjustments, as needed or indicated.
There may be other ways to figure out "regularly encountered". These are suggested approaches. We can help you with this issue, if necessary.
Should we be reading exams to people who cannot read? ...but want to teach children?
This issue does not fall within the jurisdiction of the Office of Civil Rights.
Where do we get the language access posters that you spoke about?
You may contact your Civil Rights Officer to obtain a copy of the Language Access poster.
What type of dictionary is allowed in exam situations?
No dictionary is permitted if used for the purpose of translating.
Do attendees have to sign the LEP training acknowledgement doc and submit as verification of attending the training?