III. California Laws Requiring Language Access

      Two California laws require local agencies to provide language access services.  First, the California Civil Rights Act prohibits discrimination by agencies that receive state funds and requires them to provide equal access to benefits without regard to the beneficiary's race, color, national origin, or ethnic group identification among other classifications. Second, the Dymally-Alatorre Bilingual Services Act (“Bilingual Services Act”) requires local agencies to provide language access services to LEP speakers.

A. When does a local agency's failure to provide language access services constitute a form of illegal discrimination?

      Failing to provide language access services may be a form of illegal discrimination.  If a local agency receives state funds, it must “take appropriate steps to ensure that alternative communication services are available to ultimate An agency can meet this obligation by providing interpreter services, hiring multilingual employees, providing written translations of documents, or otherwise providing access. A recipient can be relieved of the obligation to provide language access services if the state agency providing funds determines it would produce an undue hardship on the recipient.

      Failing to provide language access services may have serious consequences.  Individuals who are denied access may sue for injunctive relief or for damages if they have been harmed. State funding agencies may also take remedial action by:

       • seeking voluntary cooperation from local agencies,
       • conducting administrative hearings, and
       • cutting off state funding if compliance cannot be achieved.

B. What does an agency need to know about the Bilingual Services Act?

      An agency must know that the Bilingual Services Act applies to any “county, city, whether general law or chartered, city and county, town . . . municipal corporation, district, political subdivision, or any board, commission or agency thereof, or other local public However, school districts, county boards of education, and the office of a county superintendent of schools are exempt because they are not considered local agencies for purposes of the Bilingual Services Act.

      Removing language barriers that would otherwise prevent LEP speakers from accessing state and local programs and services to which they are entitled is the aim of the Bilingual Services Act. Despite this good intention, LEP residents in California may not be receiving the language services to which they are entitled. The state auditor has expressed concern that agencies may be unaware of the BSA and therefore do not have formal policies for providing language access services to address their clients' needs for language services.

C. When does the Bilingual Services Act require an agency to provide language access services?

      Local agencies must provide language access services when they serve a substantial number of non-English speakers.  If a local agency serves a substantial number of non-English speakers, the agency must either employ enough qualified bilingual speakers in public contact positions or employ enough interpreters to ensure LEP speakers are provided with benefits and services, translate materials explaining the services available to the public into any non-English language spoken by a substantial number of non-English-speaking people, and provide notice in the non-English languages that translations are available.

      Although the BSA emphasizes that non-English speakers should have access to public benefits and public services, the BSA does not require all public business to be conducted in multiple languages.  Local agencies have considerable discretion in implementing language access services. Each local agency, for example, determines for itself:

       • whether it serves a substantial number of non-English speaking people;
       • how many bilingual people in contact positions or interpreters it will take to ensure provision of services and information to non-English speakers; and
       • whether translated materials are necessary.
      The Bilingual Services Act prohibits local agencies from dismissing an employee in order to hire bilingual speakers in public contact positions. Implementation of the Bilingual Services Act's provisions must be achieved “by filling employee public contact positions made vacant by retirement or normal Any steps taken to implement language access must be permissible under federal law and consistent with applicable provisions of the civil service law. Finally, the obligation to implement language access services arises only if funds are available.

      1. According to the Bilingual Services Act, how can an agency determine whether it “serves a substantial number of non-English-speaking people”?

      Local agencies have discretion to determine whether the agency serves a “substantial number of non-English-speaking people.” For guidance in exercising this discretion, local agencies might look to the Bilingual Services Act's requirements for state agencies. State agencies serve a substantial number of non-English-speakers if 5% of the people they serve belong to a group that does not speak English or cannot communicate effectively in English because it is not their native language. Of course, nothing prevents an agency from providing language access services to groups who do not meet this 5% threshold.

      2. According to the Bilingual Services Act, how can a local agency determine whether it should translate materials into other languages?

      The Bilingual Services Act leaves the decision of whether to translate materials into other languages to the local agency's discretion.  For guidance in exercising this discretion, a local agency might look to the requirements provided for state agencies.  If a state agency serves a substantial number of non-English speakers, it must either translate or offer translation services for any documents that:

       • solicit information from an individual,
       • provide information to an individual, or
       • affect an individual's rights, duties or privileges with regard to the agency's services.
      3. Must an agency conduct all of its business in multiple languages?  For example, does an agency always need to have interpreters at public hearings or board or council meetings?

      The Bilingual Services Act emphasizes that non-English speakers should have access to public benefits and public services. The Legislature's concern in passing this law, however, was broader: “The effective maintenance and development of a free and democratic society depends on the right and ability of its citizens and residents to communicate with their government and the right and ability of the government to communicate with To that end, the Legislature created an obligation to provide language access not just for agencies providing direct services and benefits, but for every type of local agency except school districts.

      All local agencies must “ensure provision of information and services in the language of the non-English-speaking person,” where contact is made with a substantial number of non-English-speaking people. Furnishing information and rendering services are defined broadly and “includes, but is not limited to, providing public safety, protection, or prevention, administering state benefits, implementing public programs, managing public resources or facilities, holding public hearings, and engaging in any other state program or activity that involves public

      While this subsection mentions specific state programs or activities, the definition applies to the entire chapter, including the sections defining local agencies' obligations. The difference is that local agencies retain discretion to determine what constitutes a substantial number of non-English-speaking people, and what constitutes a sufficient number of bilingual staff.