Executive Order 13166 "Improving Access to Services for Persons with Limited English Proficiency" requires all recipients of federal funds to provide meaningful access to persons who are limited in their English proficiency (LEP). The United States (U.S.) Department of Justice defines LEP individuals as those "who do not speak English as their primary language and who have a limited ability to read, write, speak, or understand English" (67 FR 41459). Data about LEP populations was gathered in the U.S. Census 2000. For data analysis purposes, the Census divides the states of the United States into counties, divides counties into tracts and divides tracts into blockgroups.
Within area blockgroups, Census data record the presence of persons who describe their ability to speak English as less than "Very Well." The table below shows the percentages of adults who speak English less than "Very Well" by language category. Additionally, 700 households or 28.0% of households within area blockgroups reported to the Census that their household was linguistically isolated, meaning that all household members over the age of fourteen had at least some difficulty with English. Thus, Census data indicate the presence of LEP populations.
| Census Geographies | Total Adult Population | Percent of Adult Speakers Who Speak English Less than Very Well | |||
|---|---|---|---|---|---|
| Spanish Language Speakers | Other Indo European Language Speakers | Asian and Pacific Island Language Speakers | Other Language Speakers | ||
| Blockgroup 1 Tract 40.02 |
862 | 44.3% | 0.0% | 0.0% | 0.0% |
| Blockgroup 2 Tract 40.02 |
1,384 | 41.3% | 0.2% | 0.0% | 0.1% |
| Blockgroup 1 Tract 103.10 |
1,296 | 56.1% | 0.0% | 0.0% | 0.0% |
| Blockgroup 2 Tract 103.10 |
1,388 | 56.2% | 0.0% | 0.0% | 0.0% |
| Blockgroup 3 Tract 103.10 |
1,139 | 45.0% | 0.0% | 0.0% | 0.0% |
| Tract 40.02 El Paso County |
5,382 | 48.1% | 0.1% | 0.1% | 0.0% |
| Tract 103.10 El Paso County |
5,093 | 53.2% | 0.0% | 0.0% | 0.0% |
| El Paso city Texas |
389,604 | 31.1% | 0.4% | 0.5% | 0.1% |
| Socorro city Texas |
17,708 | 52.8% | 0.0% | 0.1% | 0.0% |
| El Paso County Texas |
462,771 | 33.3% | 0.3% | 0.4% | 0.1% |
| State of Texas | 14,977,890 | 12.6% | 0.5% | 1.1% | 0.1% |
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Data Source: United States Census 2000 (Table P19) as of February 9, 2008 for persons age 18 and older. * The data on ability to speak English represent the Census respondent's own perception about his ability to speak English (United States Census 2000 Metadata). |
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Since LEP is partially defined as a limited ability to read and write English, literacy data were also consulted. Synthetic literacy estimates for adults were calculated by the National Institute for Literacy in 1998 for certain census geographies with at least 10,000 adults as of the U.S. Census 1990. These estimates defined low literacy level as difficulty employing the necessary literacy skills required by everyday activities or Level 1 Literacy. The Level 1 Literacy estimates for the El Paso city, Socorro city, El Paso County and Texas are 34%, 55%, 18% and 24% respectively. While literacy estimates do not differentiate between low literate English speakers and low literate LEP populations, literacy data should be considered along with other LEP indicators in determining how to best provide access to LEP populations.
To supplement Census and literacy data, area school district (ISD) data were consulted for indicators of LEP populations. School districts collect data on the number of English Language Learners as defined by each state's Department of Education and migrant students as defined in 34 CFR 200.81(d). For school year 2005-06, CLINT ISD, SOCORRO ISD and YSLETA ISD respectively reported 43.4%, 27.1% and 24.7% of students as English Language Learners and unknown percent, unknown percent and unknown percent as migrant students. In conclusion, the data indicate the likelihood of LEP populations in the area.
To determine the languages of the LEP populations, Census data were consulted for project area tracts. The table below details the top five languages spoken by the total adult population (LEP and non-LEP) for each tract.
| Census Geographies | Language 1 | Language 2 | Language 3 | Language 4 | Language 5 |
|---|---|---|---|---|---|
| Tract 40.02 El Paso County |
Spanish/Spanish Creole 92.6% |
English 6.9% |
Japanese 0.3% |
Gujarathi 0.1% |
- |
| Tract 103.10 El Paso County |
Spanish/Spanish Creole 89.9% |
English 9.9% |
German 0.2% |
- | - |
| Data Source: United States Census 2000 (Table PCT10) as of February 9, 2008. | |||||
Therefore, the blockgroups data indicate the presence of a Spanish language group that exceeds the Department of Justice's Safe Harbor threshold of 5% or 1,000 persons. In accordance with the Safe Harbor provisions, written translations of vital documents will be provided for the LEP language group in addition to other measures assuring meaningful access. These other measures include [enter any measures to be taken to ensure meaningful access]. Thus, the requirements of Executive Order 13166 appear to be satisfied.