Limited English Proficiency (LEP)

On August 11, 2000, President Bill Clinton signed Executive Order 13166 to clarify Title VI of the Civil Rights Act of 1964. The order ensures that individuals with Limited English Proficiency (LEP) can access federally funded programs and services.

Under this order, federal agencies and any organizations receiving federal funds—including state and local governments, nonprofits, and private entities—must provide meaningful language access. This includes agencies such as the U.S. Department of Transportation (USDOT), FHWA, FMCSA, FAA, FTA, DOJ, and FRA.

All parts of a recipient’s operations are covered, even if only one part receives federal assistance. Federal financial assistance includes grants, training, equipment, and other support.

In 2005, the USDOT issued LEP guidance confirming that PennDOT is required to comply. As part of its commitment, PennDOT continually evaluates its programs to ensure LEP individuals can access its services.

To comply with federal LEP (Limited English Proficiency) requirements, PennDOT has developed a comprehensive LEP Plan based on guidance from the U.S. Department of Justice. The plan ensures individuals who speak English "less than well" have meaningful access to PennDOT programs and services. Key elements include:

1. Identifying LEP Populations

Using data from the 2010 U.S. Census, PennDOT identifies LEP individuals through public planning efforts like the State Long Range Plan (SLRP) and State Transportation Improvement Plan (STIP). In Pennsylvania, 3.8% of residents age 5 and older speak English less than well.

2. Providing Language Assistance

PennDOT offers oral interpretation, written translation, and sign language services, upon request or when analysis shows a need. Visual tools and multilingual materials are also used to communicate projects clearly.

3. Staff Training

Since 2019, all PennDOT staff receive annual web-based LEP training, with a focus on public engagement and customer service. Sub-recipients, contractors, and MPOs are also required to comply.

4. Notifying LEP Individuals

PennDOT uses brochures, media, and outreach to inform LEP communities about services. Community organizations, schools, and local groups help spread the word.

5. Evaluating Effectiveness

PennDOT applies the USDOT’s Four-Factor Analysis to assess how well transportation services meet LEP needs, and adjusts efforts as needed.

To help determine reasonable steps for providing language access, USDOT guidance recommends a Four-Factor Analysis:

1. Number of LEP individuals served or likely to be encountered.
2. Frequency of contact with LEP individuals.
3. Importance of the program or service to LEP communities.
4. Resources available and costs for providing language services.

Programs with greater LEP populations, more frequent contact, or more critical services may require enhanced language support. The goal is to ensure meaningful access without placing undue burden on smaller organizations.

This guidance, based on U.S. DOJ standards, applies to all recipients and sub-recipients of federal transportation funds.

Learn more at www.lep.gov.

PennDOT uses a four-factor analysis to determine the level of language assistance needed to ensure meaningful access to its transportation services:

Factor 1: Number of LEP Persons
Using U.S. Census data, PennDOT identifies individuals who speak English less than “very well” to include them in public involvement and outreach efforts.

Factor 2: Frequency of Contact
PennDOT evaluates how often LEP persons interact with its programs or services, using tools like sign-in sheets and surveys, to provide appropriate language support.

Factor 3: Importance of the Program or Service
PennDOT ensures LEP populations are included in key planning processes, such as the Long Range Transportation Plan (LRTP), Transportation Improvement Program (TIP), and Unified Planning Work Program (UPWP).

Factor 4: Resources and Costs
PennDOT and its sub-recipients assess available resources to provide LEP services, balancing cost with the need to ensure access. Some recipients with very limited LEP contact may not require a formal plan.

Federal law’s "Safe Harbor" provision helps recipients ensure compliance with written translation requirements under Title VI. Providing written translations of vital documents for each LEP language group that makes up at least 5% or 1,000 people (whichever is less) is considered strong evidence of compliance.

Not providing written translations in all cases doesn’t mean noncompliance—if translation is too burdensome, effective oral interpretation may suffice. This provision applies only to written documents and does not replace the need for competent oral interpretation when required.

USDOT LEP guidance requires agencies to notify Limited English Proficient (LEP) persons about free language services in languages they understand. Examples include:

• Signage about language assistance availability

• Notices on websites and outreach materials

• Partnering with community groups to spread the word

• Automated phone messages explaining services

• Notices in local non-English newspapers, radio, and TV

• Presentations at schools and religious organizations

PennDOT follows this guidance and ensures language assistance is provided at public meetings and events with reasonable advance notice.

Language services include oral interpretation (in-person or phone) and written translation. PennDOT uses a mix of these based on need and resources, working with professional contractors to provide effective services statewide.

• Publish the LEP Plan on PennDOT’s website in needed languages.
• Share the LEP Plan with community groups and agencies, also in needed languages.
• Provide interpreter services (including ASL) for Drivers Licensing and public meetings with 7 days’ notice. Include notices that interpreter services are available with 7 days’ advance notice.
• Post PennDOT’s non-discrimination policy and complaint info online and at public meetings.
• Train staff on providing meaningful access to LEP persons.
• Use the Statewide Planning Participation Plan to identify LEP-related populations like low-income, minorities, elderly, and disabled.

PennDOT will post the LEP Plan on its website.

Any person, including social services and civic organizations, non-profits, law enforcement agencies, and other community partners with internet access will be able to access the plan. For those without personal internet service, libraries may offer free internet access, and should be contacted to determine if this service is available. Copies of the LEP plan will be provided to PennDOT sub-recipients and stakeholders, the Federal Highway Administration, the Federal Motor Carrier Safety Administration, the Federal Transit Administration, the Federal Aviation Administration, and any person or agency requesting a copy.

This plan will be updated as needed based on demographic changes from the 2020 Census, Environmental Justice analyses, and LEP service needs. PennDOT reviews the plan regularly to ensure new documents and services are accessible to LEP persons.

Updates consider:

• Annual LEP encounters at public meetings and events

• Effectiveness of language assistance programs

• Availability of funds for language services

• Compliance by PennDOT and contractors

• Any complaints related to LEP access

The plan is a work in progress to ensure meaningful access for all.

The PennDOT LEP Plan Title VI Plan will be made available on its website and will be made available in other languages as warranted, or requested.

PennDOT's LEP Plan will be shared with human service organizations, minority-focused organizations, governmental entities, contractors, and consultants, cities, villages, townships, Metropolitan Planning Organizations, Rural Planning Organizations, community advisory committees, and road commissions.

Any person with internet access will be able to access and download the plan from the PennDOT website. Alternatively, any person or agency may request a copy of the plan via telephone, fax, mail, e-mail or in person shall be provided a copy of the plan at no cost.

Complaints of discrimination involving LEP, Title VI, and related statutes will be investigated using the PennDOT Title VI Program complaint procedures. Visit PennDOT's Title VI Program Policy page for a more comprehensive look.

Questions or comments regarding this LEP Plan or questions related to Title VI Program should be directed to:

Pennsylvania Department of Transportation
Title VI Program
400 North Street - 5 West
Harrisburg, Pennsylvania 17120-0041
Phone: 717-787-5891
Fax: 717-772-4026
E-mail: penndoteoreports@pa.gov