§ 10602 — Definitions [For application of this section, see 84 Del. Laws, c. 454, § 2][Expires Sept. 30, 2026, pursuant to 84 Del. Laws, c. 454, § 4]

Delaware § 10602

• Jurisdiction: Delaware
• Title: 29
• Part: General Regulations for State Agencies
• Ch. 106: Improving Communication Assistance for Individuals with Limited English Proficiency and Disabilities

Text

For purposes of this chapter:

(1) “Auxiliary aid” means as “auxiliary aids and services” is defined in 28 C.F.R. § 35.104.

(2) “Effective communication” means appropriate steps must be taken to ensure that communications with individuals with disabilities or LEP are as effective as communications with others. Federal and Delaware state law and regulation, and the interpretation thereof, govern how to determine whether “effective communication” has been provided.

(3) “Individual with a disability” means as “disability” is defined in 42 U.S.C. § 12102 and as “person with a disability” is defined in § 4502 of Title 6, when the disability affects communication.

(4) “Limited English proficiency” or “LEP” means not utilizing English as a primary language and having a limited ability to read, write, speak, or understand English.

(5) “Meaningful access” means language assistance for individuals with LEP that results in accurate, timely, and effective communication at no cost to the individual with LEP. The individual with LEP’s right to be informed of, participate in, and benefit from, a program may not be significantly restricted, delayed, or inferior as compared to English proficient individuals. Federal law and regulation, and the interpretation thereof, govern how to determine whether “meaningful access” has been provided.

(6) “Program” means all operations of a Delaware state public entity. For the purposes of § 10604(a) and (c) of this title, “program” is more narrowly defined and means 1 operation, unit, or service of a Delaware state public entity.

(7) “Tenant” means as defined in § 5141 of Title 25.

(8) “Vital document” means a document that affects access to, retention in, reduction of, termination, or exclusion from, a program’s services or benefits. “Vital document” may include any of the following:

a. Application.

b. Consent form.

c. Complaint form.

d. Intake form.

e. Notice pertaining to eligibility for services or benefits.

f. Notice pertaining to rights and the reduction, denial, or termination of services or benefits.

g. Communications that require a response from the individual with LEP or a disability.

h. Notice affecting parental custody or child support.

i. Written test that does not test English language competency but rather tests competency for a particular license, job, or skill for which knowing the English language is not required.

j. Document that must be provided by law.

k. Notice regarding the availability of free language assistance services for individuals with LEP.

Legislative History

84 Del. Laws, c. 454, § 1