What Is the Law?

Hawaii’s Language Access Law

About one in four Hawaii residents speak a language other than English at home, which is higher than the U.S. average of 21 percent. For many, English is not their primary language, and they have only a limited ability to read, write, speak, or understand English. Language barriers often prohibit many residents from fully participating in our community and undermine efforts to become self-sufficient and productive.

In 2006, the legislature recognized and acknowledged that language is a barrier for those living in Hawaii who have identified themselves as being limited English proficient (“LEP”) and passed Hawaii’s Language Access law to ensure that LEP individuals have meaningful access to state-funded services in Hawaii. It is now codified under Hawaii Revised Statutes 321C.

Highlights of Hawaii’s Language Access Law under HRS 321C

  1. Applies to state agencies and covered entities that receive state-funding and provide services to the public.
  2. Requirements – Requires state agencies and covered entities to:
    • Establish a language access plan;
      • Take reasonable steps to ensure meaningful access to limited English Proficient persons is provided;
      • Provide oral interpretation (live interpreter) services that are competent and timely; and
      • Provide written translations of vital documents.
  3. The Office of Language Access is established to ensure compliance with the law and to provide technical assistance;
  4. The Language Access Advisory Council is established to advise on implementation matters
  5. Incorporates by reference Federal Language Access Regulations which aid agencies in the implementation of Title VI of the Civil Rights Act of 1964, regarding prohibition against national origin discrimination affecting LEP persons.
Who must comply with Hawaii’s Language Access Law (Diagram), click here.
What are my rights under the law (for LEP persons)? [This link is under construction]

 

Office of Language Access

For more information about the Office of Language Access (OLA) under Chapter 321C, click here.