DEFINITION

The purpose of this section is to provide information regarding certified bilingual positions, certified bilingual employees, bilingual pay, and the process of employee certification.

Agencies are required to conduct a biennial language survey, identify their bilingual program processes and procedures, and report their findings to California Department of Human Resources (CalHR) by October 1 of every even-numbered year. CalHR compiles the information collected from the language surveys and implementation plans in a report for the Legislature.

When four-and-one-half percent (4.5%) 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; however, the agency may, as an alternative, provide translation aids or on-demand translations by qualified bilingual staff in addition to the number required to provide English-equivalent services.

An individual must be in a position that has been certified by the department requiring the use of bilingual skills on a continuing basis averaging 10 percent of the time worked a month. The use of bilingual skills includes any combination of conversational, interpretational, or translation work.

Positions certified by the department to perform bilingual duties on a continuing basis averaging 10 percent of the time are entitled to bilingual differential pay.

KEY TERMS

Certified Bilingual Position

A position where the incumbent uses bilingual skills on a continuous basis and averages 10 percent or more of the total time.

Certified Bilingual Employee

An employee who has successfully participated in an Oral Fluency Examination and is in a designated bilingual position.

Bilingual Pay Differential

A monthly pay differential that is granted to a certified bilingual employee who is in a certified bilingual position.

AUTHORITY

Government Code Section 7290 - 7299.8, also known as the Dymally-Alatorre Bilingual Services Act (Act), the objective is to provide effective communication from all levels of government in the state of California to the people of California who may be precluded from utilizing public services because of language barriers.

Government Code Section 7299.2 mandates CalHR with the responsibility for informing state agencies of their responsibilities and providing technical assistance.

CalHR’s Bilingual Pay policy describes state agencies’ responsibilities under the Act and specifies requirements for compliance:

The State requires its agencies to provide services in foreign languages when specific conditions are met.
- State and local agencies must provide information and services in the various languages spoken by their clients where a substantial number of non-English-speaking people require such services (defined as 5% of the total contacts of any of the agencies’ offices or facilities).
- State agencies must employ a sufficient number of qualified bilingual staff in public-contact positions (defined as the number required to provide the same level or services to non-English-speaking persons as available to English-speaking persons seeking these services) and translated documents explaining available services into languages spoken by their clients.
Public contact staff certified as bilingual in target languages and documents translated into target languages are the two primary means to provide services in foreign languages. The law also provides for additional or alternative tools.
Agencies conduct surveys to gather required data every even-numbered year.
Data and policies relating to non-English public contacts are reported to CalHR by October 1 every even-numbered year unless agencies meet exemption requirements. Further follow-up is required for non-compliant agencies.
Agencies subject to the Act are required to provide on their website home page a language access complaint form and instructions in all languages meeting threshold.

POLICY

It is the policy of the Department of General Services (DGS) to adhere to and comply with the provisions of the Dymally-Alatorre Bilingual Services Act and CalHR’s Bilingual Services policy.

DGS Office of Human Resources (OHR) will conduct quarterly audits of bilingual pay to ensure proper authorization of bilingual pay.

PROCESS

Language Survey

Each state agency subject to the Act must conduct a language survey, due October 1 in even-numbered years. Each agency subject to the Act must appoint a Language Survey Coordinator to oversee conducting of the agency’s language survey, which occurs over the course of ten days selected by the agency, which need not be consecutive, and to direct resolution of 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, Public Contact Information, and Language Survey Tally Sheet. Language Survey data must be entered into CalHR’s Language Survey and Implementation Plan (LSIP) online system.

Each state agency whose survey shows outstanding deficiencies following the Language Survey must complete an Implementation Plan, due October 1 in even-numbered years. Agencies that have not resolved compliance deficiencies by the culmination of the Implementation Plan must follow up with CalHR at six (6) month intervals until all deficiencies are resolved. If agency plans are not sufficient to achieve compliance, CalHR is required to issue orders that will bring about compliance.

Form CalHR-775, the Language Survey and Implementation Plan Submittal Verification, is to be submitted concurrently with the Implementation Plan.

Bilingual Position Designation

Once a position requires the use of bilingual skills 10% or more of the time, a request to designate a position as bilingual must be submitted to the Office of Human Resources, Classification and Certification Unit (C&C) as outlined in the procedure section below.

The position, not the employee, receives the bilingual designation.

Pay Differential 014 Bilingual Pay

An employee working in a designated bilingual position is eligible for a pay differential. Current 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 those employees have been certified as bilingual. If the employee leaves the bilingual designated position, they no longer qualify for the bilingual pay unless their new position is also certified as a bilingual position.

Additionally, a position designated as bilingual, must have a Bilingual Pay Authorization Form, STD 897 completed and updated each time there is a new incumbent to the position.

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

Bilingual Pay Employee Criteria

Employees cannot be approved for bilingual pay until they have successfully passed a fluency examination. The language fluency examination demonstrates an employee’s ability to read, write, and speak in a non-English language.

Departmental Examination and Certification Online System (ECOS) administrators arrange for entry of language proficiency examination results in the ECOS.

Beginning in the year 2024, to maintain qualification to serve in a bilingual position and receive bilingual pay, employees will be required to have on-file test scores not older than five (5) years.

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

Quarterly Audit

On a quarterly basis, the Office of Human Resources (OHR), Classification and Certification (C&C) Unit will conduct a quarterly audit of positions that are receiving bilingual pay to ensure all positions receiving the entitlement are authorized to do so.

PROCEDURE

The following chart outlines the procedure to establish or backfill a position with bilingual duties:

Step	Action
1	Program Supervisor/Designee Completes the Bilingual Pay Authorization form (STD 897) to verify that there is a need for 10% non-English speaking duties.
2	Employee Resource Liaison (ERL) Submits a Request for Personnel Action (RPA) in the Activity Based Management System (ABMS) and ServiceNow (SNOW) to designate a position bilingual and fill the position to Classification & Certification Analyst with the following documents: Bilingual Pay Authorization form (STD 897) (fill out through sections 1-16J) Budget Approval (OHR 37) Duty Statement – Current Duty Statement – Proposed (showing 10% bilingual duties) Justification (OHR 4160) – (select “Backfill with Change in Duties”) Organization Chart – Current Organization Chart – Proposed (include identification information from section 16J on the STD 897) Job Control Report – includes the following language in the Special Instructions section: “This position requires a passing score on the [insert language, e.g., Spanish] Oral Fluency exam.” “This position is eligible for a Bilingual Pay Differential.” Note: The effective date, candidate’s name, and social security number will not be filled out at this step.
3	C&C Analyst Reviews and analyzes the RPA package and follows internal approval processes. If approved, routes for advertising.
4	ERL After the position has been advertised: Submits an eSheet with the top candidate(s) and indicates request for verification of fluency exam certification by indicating “(Bilingual – [insert language])” next to the candidate(s) name.
5	Recruitment and Examinations (RES) Unit Determines if candidate(s) require a bilingual fluency exam. If the applicant requires an exam, the RES Analyst will coordinate and schedule the examination, and notify the applicant and hiring manager when scheduled. If the applicant does not require an exam, the RES Analyst will review the submitted fluency exam certification in ECOS. After the exam administration, the RES Analyst will input the results into the individual records of the applicant’s CalCareer account in ECOS and send a result notice to the applicant. Upon successful completion of the examination and/or verification of a previous passing score (within 5 years) the RES Analyst will complete an eSheet with the exam date in the comments section of RPA Tracker. Route the eSheet to the C&C Analyst.
6	C&C Analyst Reviews eSheet, conducts transfer eligibility (if applicable), and completes final eligibility.
7	ERL Conveys final eligibility results to Hiring Manager. Once final candidate selected, completes remaining fields of the Bilingual Pay Authorization form (STD 897) which includes the effective date, candidate’s name, and social security number. Routes RPA to C&C with the signed and completed Bilingual Pay Authorization form (STD 897) attached.
8	Language Survey and Bilingual Services Coordinator Verifies the position is authorized to receive Bilingual Pay based on a completed language survey. If authorization is verified, signs the Bilingual Pay Authorization form (STD 897) and returns to the C&C Analyst.
9	C&C Analyst Finalizes the RPA and routes to the Personnel Transactions Unit for keying.
10	Personnel Specialist Keys the appointment and pay differential in the State Controller’s Office database.