New York’s First Cross Agency Language Access Policy

August 13, 2009

In April 2007, Empire Justice Center sent a   memorandum to the New York State Office of  Children and Family Services (OCFS) and the Office of Temporary and Disability Assistance (OTDA) which described how many states have a cross agency language access policy to serve their limited English proficient (LEP) applicants and beneficiaries.  The memorandum outlined the components of an effective policy and recommended the creation of a cross agency LEP workgroup.[1]  This memorandum followed a previous letter sent to OTDA regarding the results of an LEP survey of local department of social services (LDSS)  completed by Empire Justice Center in 2006.[2] 

By June 2007, OTDA and OCFS had created an LEP workgroup and began the process of reviewing language access policies from other states and developing a cross agency language access policy and LEP guidance document for LDSS. The LEP workgroup began drafting the policy and guidance document and in April 2008, Empire Justice Center provided training for the LEP workgroup on the  applicable federal language access requirements for each agency and the components of an effective language access policy.

In spring 2009, the New York State Department of Health (DOH) joined the LEP workgroup and agreed to issue the final policy and guidance with OTDA and OCFS. When issued, this cross agency language access policy and LEP guidance      document will address the language services requirements of Title VI of the Civil Rights Act of 1964, Executive Order 13166, the United States Department of Health and Human Services LEP Guidance, and the bilingual requirements of the federal Food Stamp program, now called the Supplemental Nutrition Assistance Program (SNAP).[3]

The policy and LEP guidance document will likely be released in the fall of 2009 and will be the most comprehensive issued to date by a New York State agency.[4]

Footnotes
      

1  The recommendations in the memorandum were adopted in a report on language access issued by OCFS in September 2007 entitled The Needs of and Services for Persons with Limited English Proficiency (LEP), www.ocfs.state.ny.us/main/reports/LEP2007.pdf, see page 42.
2  A copy of the letter in Word format is available here: http://onlineresources.wnylc.net/pb/orcdocs/LARC_Resources/LEPTopics/FS/112906_LEPLettertoOTDA.doc.
3  The Title VI requirements of recipients of federal funding are described on this page: http://www.lep.gov/13166/lepqa.htm ; HHS LEP requirements are described here, http://www.hhs.gov/ocr/civilrights/resources/specialtopics/lep/finalproposed.html;  requirements of the Food Stamp program (SNAP) are described on the Empire Justice Center’s Language Access Resource Center (LARC), http://onlineresources.wnylc.net/pb/orcdocs/LARC_Resources/LEPTopics/FS/FoodStamps.htm.
4  For example, The New York State Department of Labor  issued a language access policy and plan in April 2005, but it is unclear if this policy has since been implemented statewide or updated, http://www.labor.state.ny.us/agencyinfo/moa/pdf/element4/E4%20DoES%20LEP%20Policy-Procedures.pdf. Examples of language access policies from other states are available at the LARC, http://onlineresources.wnylc.net/pb/orcdocs/LARC_Resources/LEPResources/ModelLEP/ModelLEP.htm