Issuance: 2019-02 – December 20, 2018
Issuance Number: 2019-02
Date: December 20, 2018
To: SDWP Subrecipients
From: Vicki Brannock, Director of Programs
Subject: New Requirements Recording Limited English Proficiency in CalJOBS
Purpose:
This informational issuance is to provide guidance for new requirements and procedures for recording a participant’s language preference and Limited English Proficiency (LEP) status for WIOA funds recipients to comply with Nondiscrimination and Equal Opportunity (EO) procedures.Beginning January 3, 2019, Subrecipients must record the “LEP” and “Preferred Language” data of each applicant, registrant, participant, and trainee.
Background:
In California, The Dymally-Alatorre Bilingual Services Act (DABSA), enacted in 1973, requires state and local agencies ensure they provide information and services in the various languages specifically, when state and local agencies serve a “substantial number of non-English-speaking people,” they must:
- Employ a “sufficient number of qualified bilingual staff in public contact positions”;
- Translate documents explaining available services into the languages of their client’s language.
As indicated in 29 CFR 38.41, “LEP” and “Preferred Language” has been added to the list of categories of information that each Subrecipient must record about each applicant, registrant, eligible applicant/registrant, participant, and trainee. A Subrecipients’ collection of information relates directly to serving (not employing) LEP individuals.
Definitions:
Nondiscrimination and Equal Opportunity (EO):The nondiscrimination and equal opportunity provisions outlines in Section 188 of WIOA and 29 CFR Part 38 prohibit discrimination on the basis of race, color, religion, sex (including pregnancy, childbirth, and related medical conditions, transgender status, and gender identity), national origin (including LEP), age, disability, or political affiliation or belief, or, for beneficiaries, applicants, and participant only on the basis of citizenship status or participation in a WIOA Title 1 financially assisted program or activity.
CalJOBS Personal Profile:A participant’s personal profile is established when they first register into CalJOBS. The participant can go back and edit their personal information at any time by logging into their CalJOBS account and navigating to it from their Dashboard. Subrecipient staff can also access a participant’s personal profile to make any changes on behalf of the participant.
Ethnic Origin:Participant ethnicity is part of the demographic data that is collected at time of CalJOBS registration. Participant language preference and LEP data are collected in this section of the registration process.
Limited English Proficiency (LEP):LEP is determined when an individual’s primary language for communication is not English and they have limited ability to read, speak, write, and/or understand English. Participants may be competent in English for certain types of communication but need additional assistance for others.
Language Preference:Selecting ‘Yes’ for the LEP question will grant access to language options for participants to identify their primary language preference and if they require English language assistance.
LEP is determined when a participant registers into CalJOBS either on their own or with the help of a subrecipient. However, this information can be edited later by the participant or a subrecipient with the appropriate CalJOBS privilege access.
Action:
Subrecipients are required to verify that WIOA participants have marked an answer regarding their language preference and LEP status. All new enrollees must have either ‘Yes’ or ‘No’ selected in response to their LEP. Subrecipients must treat this as a required field and will be monitored as such. Furthermore, if ‘Yes’ is selected, then subrecipients must also provide the additional information required.
Note that this field may be blank for WIOA participants who were registered in CalJOBS prior to January 3, 2019. Staff are to ensure that this field is updated for all clients receiving services on or after January 3, 2019.
This new requirement is in effect as of the above issuance date and will be included in the next update of the SDWP Operations Manual.
Instructions on where this information can be found and edited is included in the attached “LEP Quick Guide.”
If you have any questions regarding this issuance contact your contract administrator at (619) 228-2900.
Attachments: