37.22 Meaningful language access to public services; reasonable steps.

411 words·~2 min read·/mi/chapter-37/37-22

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 2.

Each covered entity shall take reasonable steps to provide meaningful language access to public services for individuals with limited English proficiency. Reasonable steps include all of the following:

(a)Providing oral language services for individuals with limited English proficiency through face-to-face, in-house or telephonic oral language services. Oral language services provided under this act must be provided by individuals and through means with demonstrated competency in the appropriate language. Oral language services provided by a relative, friend, or bystander do not meet the requirements of this act and do not substitute for the duty to provide access to oral language services. However, the individual with limited English proficiency may choose to use an interpreter of the individual's choice, at the individual's expense, in place of or as a supplement to the oral language services the covered entity is required to provide.

(b)Having available sufficient, appropriate oral language services to provide meaningful language access, based on reliable data documenting the proportion of individuals with limited English proficiency eligible to be served or encountered by the agency and the frequency of encounters within the geographic area served, and taking into consideration the nature and importance of the program, activity, or service provided.

(c)Translating vital documents ordinarily provided to the public into all of the following languages and providing those translated documents to local offices as necessary:

(i)Every language spoken by a population with limited English proficiency that, based on reliable data, constitutes 3% or more of the overall population within the geographic area of the covered entity.

(ii)Every language spoken by a population with limited English proficiency that, based on reliable data, constitutes either of the following:

(A)3% or more of those served by a local office of a covered entity.

(B)Even if less than 3%, 500 or more of those served by a local office of a covered entity. Local offices are encouraged but not required to translate vital documents into other languages for populations of less than the 3% or 500 thresholds described in this subparagraph, based on knowledge of the local community served.

(d)Designating a language access liaison who will report to the officer or employee designated by the office of global Michigan as responsible for statewide language access coordination.

(e)Any additional means necessary to achieve meaningful language access to public services.

History: 2023, Act 241 , Eff. Feb. 28, 2024