Bilingual Examination Administration Policy

The Merit System Services (MSS) Program oversees merit system administration of Program positions within Interagency Merit System (IMS) counties.

The purpose of this policy is to establish requirements and provide guidance regarding bilingual proficiency testing for Program positions within IMS counties. This policy is intended to support merit-based personnel practices and ensure that individuals assigned to bilingual-designated positions possess the language skills necessary to effectively perform the duties of the position.

This policy also supports compliance with the Dymally–Alatorre Bilingual Services Act, which requires local agencies serving a substantial number of non-English-speaking individuals to provide access to programs and services using qualified bilingual staff.

Bilingual proficiency testing administered under this policy shall assess the language skills necessary to perform the duties of the position and communicate effectively with the population served.

Effective November 1, 2026, responsibility for administering bilingual proficiency testing for Program positions is delegated to IMS counties.

Counties shall be responsible for establishing and administering bilingual testing programs, or obtaining bilingual proficiency testing services for bilingual-designated Program positions. Counties may administer bilingual proficiency examinations directly or utilize qualified testing providers. Counties are responsible for ensuring that bilingual proficiency testing is job related, consistently administered, and appropriate for the duties of the position and the communication needs of the population served.

Counties are encouraged to consult with the state department(s) responsible for the overall administration of grant-in-aid programs and coordinate language access continuity when implementing bilingual proficiency testing practices.

MSS retains responsibility for oversight of merit system personnel administration and may review bilingual testing practices during compliance reviews, audits, or other oversight activities.

For purposes of this policy, the following definitions apply:

• Appointment – The official personnel action placing an individual into a position, effective on the date employment begins.
• Bilingual-Designated Position – A Program position formally identified as requiring proficiency in a designated non-English language to effectively perform the duties of the position.
• Bilingual Duties – Job duties requiring communication in a language other than English to provide information, assistance, or services.
• Bilingual Pay Differential – Additional compensation provided to an employee in accordance with county policies to an employee assigned bilingual duties who has met applicable bilingual proficiency requirements.
• Bilingual Proficiency Examination – A structured assessment used to evaluate an individual’s ability to communicate effectively in a designated target language.
• Bilingual Proficiency Level – The level of language proficiency established by a county as necessary to perform the duties of a bilingual-designated position.
• Conditional Offer of Employment – A written or verbal offer of employment contingent upon the candidate meeting specified requirements prior to appointment.
• County – An Interagency Merit System (IMS) county participating in the MSS program.
• Interagency Language Roundtable (ILR) Scale – A federal language proficiency scale used to measure functional language ability across levels ranging from no proficiency to native or bilingual proficiency.
• Language Proficiency Modalities – The language skills evaluated during testing, including speaking, listening, reading, and writing, as applicable to the position.
• Program Position – A position subject to merit system requirements administered under the MSS Program.
• Public Contact Position – A position requiring regular interaction with members of the public in the performance of assigned duties.
• Qualified Bilingual Employee – An employee who has successfully demonstrated proficiency in a designated target language through an approved bilingual proficiency testing process.
• Recertification – The process by which an employee, who has previously demonstrated bilingual proficiency, is required to complete a subsequent bilingual proficiency examination or assessment to verify continued proficiency in a designated target language.
• Substantial Number of Non-English-Speaking People – Members of a group who either do not speak English or who are unable to effectively communicate in English because it is not their native language.
• Target Language – The non-English language required to perform the duties of a bilingual-designated position.
• Testing Provider – A contractor, vendor, educational institution, public agency, or other entity that administers or evaluates bilingual proficiency examinations.

Designation of positions as bilingual shall be based on the operational needs of the position and the population served and shall not be established solely for the purpose of providing bilingual pay differentials. Positions designated as bilingual shall be supported by job related duties requiring the use of a non-English language to effectively perform assigned responsibilities.

Program positions designated and recruited as bilingual shall meet one of the following criteria:

1. A public contact position that serves a substantial number of non-English-speaking individuals; or
2. A position requiring bilingual communication support services in support of staff or programs serving a substantial number of non-English-speaking individuals.

Counties shall utilize proficiency requirements in accordance with applicable CalHR requirements and the Language Access Plan established by the State department having overall responsibility over the positions.

Counties may utilize the Interagency Language Roundtable (ILR) scale or another professionally recognized language proficiency framework when determining proficiency requirements.

Bilingual proficiency determinations shall be based on the results of a formal language proficiency examination. Informal assessments, self-certification, supervisory observations, or service quality monitoring practices shall not be used to establish bilingual proficiency for designated bilingual Program positions.

Counties shall maintain documentation supporting the proficiency requirements established for bilingual-designated positions.

Bilingual proficiency examinations shall be designed to evaluate the language skills necessary to communicate effectively with individuals who are unable to communicate effectively in English.

Bilingual proficiency examinations shall evaluate the language proficiency modalities necessary to perform the duties of the position and the communication needs associated with the position. Where written communication is required as part of the duties of the position, examinations shall evaluate reading and writing proficiency in the target language. Where verbal communication is required, examinations shall evaluate speaking and listening proficiency in the target language.

Bilingual proficiency examinations shall be administered prior to appointment to a designated bilingual Program position. When counties utilize conditional offers of employment, testing may occur after the conditional offer has been accepted and prior to appointment.

Individuals who do not successfully meet established proficiency requirements shall not be appointed to a bilingual-designated position or assigned bilingual duties requiring the tested language proficiency.

When bilingual duties are newly assigned to an incumbent in a Program position, when the required bilingual proficiency level for the position is increased, or when an employee is appointed to a position requiring a higher level of bilingual proficiency, the employee shall successfully complete any required bilingual proficiency testing prior to performing bilingual duties or receiving bilingual pay, unless otherwise authorized by county policy or Memorandum of Understanding.

Counties may establish retesting procedures consistent with merit system principles and county personnel rules.

To maintain qualifications for a bilingual position and eligibility for bilingual pay, employees certified below ILR Level 3 in the language proficiency modalities required for the position shall maintain valid bilingual proficiency examination results that are no more than five (5) years old. Updated language proficiency testing shall be successfully completed prior to the expiration of the five-year period to maintain bilingual designation.

Employees serving in designated bilingual Program positions at the time this policy becomes effective shall not be subject to the recertification requirements for the bilingual position they currently hold.

If an employee is appointed to another bilingual-designated position requiring the same or lower level of bilingual proficiency, additional testing shall not be required. If the new position requires a higher level of bilingual proficiency, the employee shall successfully pass the required bilingual proficiency examination in accordance with this policy.

If an employee leaves a bilingual-designated Program position and is later appointed to another bilingual-designated position, the employee shall be subject to the testing and recertification requirements established in this policy.