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Nevada makes progress after delays in assisting individuals with limited English proficiency

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After a prolonged struggle to secure funding, agencies in Nevada have started to implement language services—referred to as “language access plans”—to assist individuals with limited English proficiency, as mandated by both state and federal law.

Currently, however, the state is facing a new dilemma: agencies have not requested the level of spending needed to carry out these plans, despite lawmakers having approved sufficient funding.

Since the passage of SB318 in 2021, it has been mandatory for state agencies to establish language access plans. This legislation aimed to ensure that health districts had strategies to provide services for those with limited English skills, particularly to curb the spread of COVID-19. It also obliges executive branch agencies—including boards, commissions, bureaus, councils, and departments—to create these plans every two years. The scope of these plans varies significantly, ranging from a few pages to extensive documents detailing client demographics, implementation specifics, and budgetary concerns.

Up until this point, many state agencies have expressed that bureaucratic hurdles and insufficient funding have hindered their ability to effectively implement these plans, despite noncompliance posing risks under state law and the federal Civil Rights Act.

To tackle this issue, lawmakers passed AB480 in 2023, which allocated $25 million from the general fund to aid agencies in the development and publication of their language access plans. The funds became available in July 2023 and agencies have until June 2025 to submit their requests.

“Now that we can request funding, we are on track to implement the necessary components of the plan,” stated Ciara Ressel, a public information officer for the Nevada Department of Agriculture.

Census data shows that around 30% of Nevadans speak a language other than English at home, with Spanish being the most prevalent. Asian and Pacific Island languages follow closely behind. Sen. Fabian Doñate, the sponsor of the language access plans legislation in 2021, noted that he recognized a significant gap in government language services that needed to be addressed.

“I often had to act as an interpreter for my father when he was diagnosed with diabetes. That experience has guided me for many years,” Doñate remarked. “I’m certain that there are countless children who have had to interpret for their parents at places like the DMV.”

The Office of New Americans (ONA), tasked with overseeing the approval of state agencies’ language access plans, reports that 97 agencies and boards have commenced their implementation efforts. These plans encompass various initiatives, including document translation, hiring in-house interpreters, and collecting demographic data about constituents.

Despite being a newly established and relatively small office with just three staff members, the ONA has encountered delays in filling the role of language access coordinator, essential for facilitating these plans. Elena Guerra stepped into her role in early 2024, although funding for the position had been allocated in October 2023.

The financial burden of launching language access programs can be unexpectedly high. For instance, Nevada’s Division of Welfare and Supportive Services received over $2.4 million for its plan, which incorporates American Sign Language interpretation and website translations into languages such as Haitian Creole, Arabic, Mandarin, Russian, and Farsi.

Translation costs depend on various factors including language and whether it is for document translation or live interpretation. The American Translators Association suggests a minimum rate of 12 cents per word, while court interpreters in Nevada earn at least $49 per hour.

To date, only about $5 million of the funding allocated by AB480 has been utilized, according to the ONA. If these funds remain unspent by mid-September, they will revert back to the state’s general fund.

While there is no consistent funding designated for future language access plans, many agencies feel that the current one-time allocation will suffice to maintain their efforts in the foreseeable future.

For instance, the Department of Business and Industry, which received $200,000, plans to invest in automated translation technology to reduce the demand for interpreters. Meanwhile, the Division of Welfare and Supportive Services anticipates that document and website translations will be a one-off expense.

Several agencies may not even need to apply for additional funding, as they have sufficient resources within their current budgets to implement their plans, according to ONA Director Iris Ramos.

“Things are progressing smoothly at this point… it’s challenging to predict if we will encounter any issues down the road,” said Ramos.

Both Doñate and Ramos express uncertainty about plans for further funding. Nevertheless, Doñate indicated that legislators can work through the budgetary process to ensure that any unspent funds do not revert back to the general fund but are instead allocated for future language access needs.