1003 - Bilingual Services (Historical View)

** Effective: 7/31/2025 10:45:18 AM - Present **

Status: Active

Change Notes

Resource updated: Changed title from page title to description of resource.

Category

Equal Employment Opportunity

Audience List

Synopsis

This policy describes state agencies’ responsibilities under the Dymally-Alatorre Bilingual Services Act (Act) and specifies requirements for compliance:

Introduction

The Act was passed in 1973 to "provide for effective communication between all levels of government in this state and the people of this state who are precluded from utilizing public services because of language barriers.” Toward this end, the Act requires agencies to provide information and services in the languages of limited-English proficient groups that constitute a substantial number, defined as 5% of the total contacts of any of the agencies’ offices or facilities and rounded to the nearest full percentage point. Agencies are required to conduct a biennial language survey, identify their bilingual program processes and procedures, and report their findings to CalHR by October 1 of every even-numbered year. If an agency’s language survey identifies any deficiencies in meeting the requirements of the Act, the agency must develop an implementation plan to correct these deficiencies and provide it to CalHR by October 1 of the following odd-numbered year. CalHR compiles the information collected from the language surveys and implementation plans in a report for the Legislature. Agencies that remain deficient must continue to follow up with CalHR at six-month intervals.

Statement

The State of California requires that each of its offices provides services, equivalent to those available in English, in any non-English language spoken by 4.5 percent or more of the public with limited-English proficiency served by that office. These services are routinely provided by employing qualified bilingual employees whose fluency in the target language has been certified. Contracting for telephone-based interpreter service is encouraged as a means of meeting language needs for limited-English proficient communities that do not constitute a substantial portion of offices’ public contacts. 

An employee working in a designated bilingual position is eligible for a pay differential. Some collective bargaining agreements specify that employees serving in positions that have not been designated as bilingual may not be required to use bilingual skills, whether or not those employees have been certified as bilingual. To designate a position as bilingual, the employee must first document that 10% of work time is spent in usage of the non-English language. That employee's supervisor must then follow agency procedures to approve the designation.

When 4.5 percent or more of the public to which an office provides services speaks a particular non-English language and has limited-English proficiency, the agency must translate all written materials distributed to the public by that office into that non-English language and must distribute them through all offices providing the same services. When written materials do not describe services the agency provides, the agency may instead provide translation aids, translation guides, or verbal translation by a qualified bilingual person.

Each agency not meeting exemption requirements (described in the “Application” section following) must conduct a language survey over the course of ten days during even numbered years. Agencies with outstanding deficiencies at the conclusion of the language survey must file an implementation plan during the subsequent odd-numbered year. If deficiencies remain following the implementation plan phase, agencies must follow up with CalHR at 6-month intervals. If agency plans are not sufficient to achieve compliance, CalHR is required to issue orders that will bring about compliance.

Each state agency must make Language Access Complaint instructions and forms available on the home page of its website and in all its offices. These forms and processes must be available in all languages spoken by 4.5 percent or more of the limited-English proficient public served by any of the agency’s offices

CalHR also maintains telephone message lines for limited-English proficient Californians who have been denied service at a state office because of the language they speak. CalHR will determine the state agency with which the individual has business and will direct that agency’s Language Access Coordinator to call back with an interpreter in the appropriate language.

Each state agency subject to the Act must conduct a language survey, due October 1 in even-numbered years. Each state agency whose survey shows outstanding deficiencies following the Language Survey must complete an Implementation Plan, due October 1 in odd-numbered years. Agencies that have not resolved compliance deficiencies by the culmination of the Implementation Plan must follow up with CalHR at six month intervals until all deficiencies are resolved.

Application

Conducting the Language Survey

Each agency subject to the Act must appoint a Language Survey Coordinator. This coordinator oversees the agency’s language survey, conducted over ten non-consecutive days chosen by the agency, and addresses any identified deficiencies. (Large agencies and those with delegated testing authority may have a dedicated Bilingual Services Coordinator distinct from the Language Survey Coordinator.) All agency public contact employees must identify the languages spoken by all public contacts during the ten days designated for the survey. Agencies must conduct the survey using form CalHR-783. Agencies with internal populations or live-in clients must additionally use form CalHR-784.

Language Survey data must be entered into CalHR’s Language Survey and Implementation Plan (LSIP) online system. Each agency should have one Master User with authority to finalize the submission, and any number of Reporting Assistants with authority to enter data for units within a particular reporting group. Training materials are available via the LSIP system page, and CalHR’s Language Access Program can be reached via the program email box for technical questions (see references below). Form CalHR-775, the Bilingual Services Implementation Plan Transmittal Form, is to be submitted concurrently with the Implementation Plan.

Exemption Eligibility

Agencies may request an exemption via form CalHR-776 if either of the following is true:

Once the survey has been completed, employee bilingual fluency testing is the primary means for agencies to eliminate bilingual position deficiencies identified during the survey.

Language Proficiency Testing Standards

Any state agency may directly or by contract develop and provide language proficiency testing, providing that examination development, maintenance and testing are conducted in accordance with ASTM International (formerly the American Society for Testing Materials) Standard F2889, which "describes best practices for the development and use of tests in the modalities of speaking, listening, reading, and writing for assessing ability according to the Interagency Language Roundtable (ILR) scale." The standard is available via ASTM International's website.

The State Personnel Board (SPB) will evaluate documentation of language examination development and use during compliance reviews.

Language Proficiency Scoring - Bilingual Position Qualification

To serve in a designated bilingual position and receive the associated pay differential, an employee must score in the testing language at least equivalent to "2" in Listening and Speaking on the ILR scale. Where positions require reading, writing, or more advanced or specialized skill in the testing language, agencies should require additional testing as appropriate.

CalHR has determined the following to be equivalent to scores of "2" in Listening and Speaking on the ILR scale:

Language Proficiency Scoring - Examination Evaluators

To serve as a proctor (conducting tests) or a rater (evaluating test results) in departmental fluency testing of other employees, an employee must score equivalent to at least "3" in Listening, Reading, and Speaking on the ILR scale. Agencies with more stringent testing needs should adjust this requirement upwards as appropriate.

Based on information from ACTFL, CalHR has determined the following to be equivalent to scores of "3" in Listening, Reading and Speaking on the ILR scale:

Language Proficiency Examination Frequency

To maintain qualification to serve in a bilingual position and receive bilingual pay, all employees scoring below the equivalent of ILR scores of "3" in Listening and Speaking must have on file test scores not older than five (5) years.

Proficiency Testing Limitations

Language proficiency alone (fluency, reading, and writing testing) does not qualify an employee to translate written materials or to serve as a formal interpreter.

Translation and Interpreting Standards

Translation

To translate written materials on behalf of a state agency, an employee or contractor should score at least equivalent to a “3” on the ILR “Translation Performance” scale.

Translation work should be carried out in accordance with ASTM International Standard F2575.

Interpreting

Interpreting is bridging the language barrier between two other parties conversing with one another.

In accordance with Government Code section 11435.05 et seq., interpreters for state adjudicative proceedings must be contracted from CalHR's Administrative Hearing and Medical Interpreter List (see resources) or from the state Court Interpreters Program (see resources) except for the purposes of "a medical treatment appointment or medical legal exam" (8 CCR section 9795.1.6) conducted by the Workers' Compensation Appeals Board, which recognizes status conferred by the National Board of Certification for Medical Interpreters and the Certification Commission for Healthcare Interpreters.

For community interpreting (outside of a formal hearing), an interpreter or contractor should score at least equivalent to a “3” on the ILR “Interpretation Performance” scale.

Interpreting work should conform to ASTM International Standard F2089.

American Sign Language

To serve as a sign language interpreter, an employee or a contractor shall hold a current and valid certification with the Registry of Interpreters for the Deaf (RID) at a level no lower than Certificate of Interpretation (CI), Certificate of Transliteration (CT), and National Interpreting Certification (NIC), or Certified Deaf Interpreter (CDI); or with the National Association of the Deaf (NAD) at a level no lower than Generalist (III); Advanced (Level IV); or Master (Level V).

Examination and Certification Online System (ECOS) Language Record Administration

Administrative access to Language Records in CalHR's ECOS will be granted to existing departmental ECOS administrators, who may delegate access in accordance with department policies and CalHR guidelines. To arrange for entry of language proficiency examination results, please contact your ECOS administrator. Instructions for managing Language Records appear as item "I-009" in the ECOS "How To's" section. Departments must enter employee certification results into ECOS and make them available upon request to SPB for compliance review purposes.

Bilingual Position Designation

While passing a language fluency examination demonstrates that an employee is qualified to receive a bilingual pay differential, to do so, they must be serving in a designated bilingual position.

To designate a position as bilingual, an agency must complete a Bilingual Pay Authorization Form, STD 897.

The pay differential goes into effect once the agency’s Human Resources Office keys the appropriate Personnel Action Request.

Language Testing Costs

Under the following conditions, testing must be paid for by the agency:

Under the following conditions, testing may be paid for by the agency at its own discretion:

Under the following conditions, an agency should not pay for testing:

Authorities

Resources

FAQs

Forms

Related Policies

Web Pages

Authorized By

Division Chief
Civil Rights Programs, Equity and Accessibility Management Services Division

Contact Person

Language Access
Program Manager,
Phone: 916-273-8770
Email: bilingual@calhr.ca.gov

Superseded Policies

Not Applicable.