Chapter 17.5Use of a Foreign Language in Public Services
Section § 7290
This law is officially called the Dymally-Alatorre Bilingual Services Act.
Section § 7291
The law highlights the importance of communication between the government and its people for a healthy democratic society. Many people in California cannot communicate effectively with the government because they don't speak or write English or it’s not their primary language. This language gap means they miss out on services they're entitled to. The purpose of this law is to ensure that all citizens can communicate effectively with government agencies despite language differences.
Section § 7292
State agencies in California that frequently interact with people who don't speak English must hire enough bilingual employees. These employees should be in positions where they serve the public to ensure that non-English speakers can access information and services in their own language.
This requirement covers various activities like public safety, state benefits, public program implementation, resource management, public hearings, and other similar contacts with the public. However, the State Compensation Insurance Fund is excluded from this requirement.
Section § 7293
This law requires local public agencies that have many non-English speakers to hire enough bilingual staff to communicate effectively with them. The local agency decides what 'many' non-English speakers means and how many bilingual staff are necessary.
Section § 7294
Section § 7295
If a government agency provides materials explaining services to the public, these materials must be translated into any non-English language if a substantial number of the public they serve speak that language. When informing people about the availability of these translated materials, agencies must do so both in English and the other language. Local agencies get to decide when it's necessary to provide these translations.
Section § 7295.2
This law requires state agencies in California that serve a lot of non-English-speaking people to provide informational materials in the languages spoken by those people, not just in English. If these materials exist and are available, the agency must also announce their availability in both English and the relevant non-English languages. However, the law doesn't demand exact, word-for-word translations of the English materials.
Section § 7295.4
If a state agency in California deals with a substantial number of non-English-speaking people, it must provide written materials in the appropriate non-English language. These materials include forms, applications, or letters that either require information from individuals or provide them with information that impacts their rights or services they receive.
Alternatively, the agency can offer translation aids or guidance by using a bilingual person to help complete forms and understand documents.
Section § 7296
This law defines a 'qualified bilingual person,' 'qualified bilingual employee,' or 'qualified interpreter' as someone proficient in both English and another language. For state agencies, 'qualified' means one of the following: an employee tested by the Department of Human Resources or another approved testing authority; or an interpreter meeting specific certification standards.
These standards require understanding and conveying terms frequently used in state government. Important interpreter skills include confidentiality, neutrality, and accuracy. Local agencies have the discretion to determine their own ‘qualified’ criteria.
Section § 7296.2
This law explains what is meant by "a substantial number of non-English-speaking people" in certain government sections. It refers to people who either don't speak English at all or find it hard to communicate in English because it's not their first language. These people should make up at least 5% of those served by a state office or agency, whether statewide or locally.
Section § 7296.4
This law requires state offices and facilities to have enough bilingual staff members in roles that interact with the public to ensure non-English speakers receive the same service as English speakers. For smaller offices with 25 or fewer full-time employees, it's enough to have a sufficient number of bilingual staff or qualified interpreters to provide equivalent service levels to non-English speaking individuals.
Section § 7297
A 'public contact position' is a job within an agency where the main focus is interacting with and handling communications with the public as part of the agency's tasks.
Section § 7298
This law means that the rules in this chapter do not apply to school districts, county boards of education, or the office of a county superintendent of schools.
Section § 7299
This law section states that the act it relates to will only be carried out if there are funds available from local, state, or federal sources. It also needs to comply with federal law and the rules of civil service for state and local agencies.
Section § 7299.1
This law allows state agencies to use their current budgets to hire phone interpretation services, besides having bilingual staff in roles that interact with the public. This means they can ensure better communication by using both methods.
Section § 7299.2
This law section says that the Department of Human Resources must let state agencies know what they need to do under this chapter. It also provides help when requested, with costs to be reimbursed.
Section § 7299.3
By July 1, 2015, any state agency governed by this law must translate complaint forms and procedures into all languages spoken by a significant number of non-English speakers they serve. These forms should be available on the agency's website homepage and also printed for distribution at their offices statewide.
Section § 7299.4
This law requires California state agencies to conduct a language survey every two years. Agencies must identify how many bilingual employees they have, how many people need language services, and what languages are spoken by non-English speakers they serve. If translations or staff are lacking, the agency must create a plan to improve. They need to report their findings and plans to the Department of Human Resources by October 1 of even-numbered years. If problems are found, agencies must report progress every six months.
The statute focuses on improving language accessibility, ensuring that state agencies have the necessary bilingual staff and materials to serve non-English speakers effectively. Agencies need to update this plan regularly and consult past survey data to address any deficiencies in their services to non-English-speaking communities.
Section § 7299.5
This law allows the California Department of Human Resources to exempt certain state agencies from having to meet language access requirements if specific conditions are met. The exemptions can be granted if an agency's main role isn't about providing information or services to the public, or if the agency interacts so little with non-English speakers that they don't need bilingual staff and have fewer than 25 public contact employees.
To obtain an exemption, an agency must request it from the Department of Human Resources and get written approval. Exemptions can last up to five survey cycles if the agency can prove it meets the necessary criteria and submits all needed documentation.
Section § 7299.6
This law requires the Department of Human Resources to review survey results and implementation plans as outlined in another section. Every two years, they must compile this data and report back to the Legislature, highlighting any major issues and suggesting solutions.
Section § 7299.7
Starting January 1, 2025, if there's an emergency in a local area where 5% or more of the people speak English less than very well and also speak another language, the local agency must provide emergency information in English and those other languages. Each local agency must determine which languages are needed using data from the American Community Survey or similar sources by January 1, 2025, and update this information every five years.
The agency must ensure translated information is just as clear and timely as it is for English speakers. Agencies should, where feasible, use community members who are fluently bilingual for translation. Beginning January 1, 2027, the Office of Planning and Research will check in every three years to ensure local agencies comply and report back to the legislature.
An "emergency" refers to urgent situations risking serious harm or casualties, and emergency services include police, fire, or medical services. This section doesn't change a local agency's duties under the California Emergency Services Act.
Section § 7299.8
This law clarifies that creating bilingual roles or using interpreters is not mandatory if less than 5 percent of people served don't speak English or can't communicate well. This statute also states that not every public-facing job must be filled by a bilingual person.