Where Does the Four Factor Test Come From?
The Four Factor Test found in the DOJ and other LEP Guidance documents is based on 28 CFR 42.405(d)(1): “Where a significant number or proportion of the population eligible to be served or likely to be directly affected by a federally assisted program (e.g., affected by relocation) needs service or information in a language other than English in order effectively to be informed of or to participate in the program, the recipient shall take reasonable steps, considering the scope of the program and the size and concentration of such population, to provide information in appropriate languages to such persons. This requirement applies with regard to written material of the type which is ordinarily distributed to the public.” http://edocket.access.gpo.gov/cfr_2008/julqtr/28cfr42.405.htm.
