Language Access Laws and Legal Issues: A Local Official’s ...

Language Access Laws and Legal Issues: A Local Official's Guide

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The Institute for Local Government's mission is to promote good government at the local level with practical, impartial and easy-to-use resources for California communities. ILG is the nonprofit 501(c)(3) research and education affiliate of the League of California Cities and the California State Association of Counties.

The Institute's current program areas include: ? Local Government 101 ? Public Engagement ? Public Service Ethics ? Sustainability

Acknowledgements

Special thanks to the following individuals whose expertise contributed to this publication:

? David J. Jung, Professor of Law and Director, Center for State / Local Government Law ? Noem? O. Gallardo, U.C. Hastings College of the Law, Class of 2012 ? Ryan A. Harris, U.C. Hastings College of the Law, Class of 2012

The Institute also gratefully acknowledges the following individuals who reviewed this document and offered their comments prior to publication:

? Jenny Lam, Director of Community Initiatives, Chinese for Affirmative Action ? Grace Lee, Policy Advocate, Chinese for Affirmative Action

All decisions about the final content of this publication are made by the Institute for Local Government.

Copyright ? 2011 by the Institute for Local Government

Language Access Laws and Legal Issues: A Local Official's Guide

Table of Contents

Introduction.................................................................................................................................... 1 English as the Official Language and English-Only Laws ..................................................... 2 Federal Laws Requiring Language Access Services ............................................................. 4 California Laws Requiring Language Access Services........................................................ 12 Public Participation Requirements and Language Access.................................................. 16 Selected Local Language Access Policies ............................................................................ 17 Tips for Providing Language Access Services ...................................................................... 23 Links to Helpful Resources ....................................................................................................... 26 Appendix A: Limited English Proficiency Plans ..................................................................... 27 Appendix B: Selected Local Language Access Plans.......................................................... 28 Endnotes...................................................................................................................................... 29

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Language Access Laws and Legal Issues: A Local Official's Guide

Introduction

The rapid growth of immigrant communities is transforming the demography of the United States. This is particularly true in California where almost one-third of recent United States immigrants reside.1 Language diversity is a prominent feature of this transformation.2 Because many immigrants lack proficiency in English, language diversity often creates language barriers.

Language barriers can prevent people from fully participating in civic and public life. People whose proficiency in English is limited may not be able to use public services,3 communicate their point of view at a town hall meeting or understand information an agency wants the public to know.4 According to the 2000 U.S. Census, language is a barrier to meaningful civic participation for approximately 7.7 percent of U.S. residents over the age of five.5 California has the country's largest percentage of non-English-language speakers; in some California legislative districts, most residents have limited English proficiency.6 A state with many limited Englishproficient7 speakers living within its borders may perceive a greater responsibility to provide language access services to its residents.

Enabling people to use their own language when it is feasible helps them access public services.8 For the community, providing language access increases the opportunities that residents have to communicate with their local leaders and public service providers and ensures the flow of information between public agencies and residents and among residents that is vital to effective community-building.

Under some circumstances, local agencies must insure that limited English-proficient residents have access to public benefits and services, and an opportunity to participate in public life. This guide explains the laws that require language access.9

This Guide Answers These Questions:

? Does a law declaring English to be California's (or a city's) official language prohibit local agencies from offering services in languages other than English?

? Under federal law, when must local agencies provide language access services?

? Under California law, when must local agencies provide language access services?

? How are other agencies (local, state, and federal) providing language access services to their communities?

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