The Precarious State of English Learner Education in the United States

Policies designed to support K-12 English Learner (EL) students in the United States are facing significant challenges, stemming from a series of federal actions initiated earlier this year. These actions have collectively cast a shadow of uncertainty over the educational landscape for millions of students and the educators who serve them. Understanding the current status of ELs in American public schools and the intricate policy and funding mechanisms that govern their education is more critical now than ever before.

Legal Foundations of EL Education

The right of EL students to access a free, public education on the same terms as their English-proficient peers is firmly established in legal precedent. These fundamental rights extend to all students, irrespective of their race or ethnicity, as affirmed by landmark cases such as Mendez v. Westminster (1946) and Brown v. Board of Education (1954). Furthermore, legal protections encompass students based on their English proficiency levels, as established in Lau v. Nichols (1974), and their immigration status, or that of their parents, as clarified in Plyler v. Doe (1982). These judicial decisions underscore a national commitment to educational equity, ensuring that language barriers do not preclude access to educational opportunities.

The Shifting Federal Policy Landscape

Recent federal actions have introduced significant instability into the support systems for EL students. In the spring, an executive order declared English as the official language, a move that, while symbolic, can contribute to a broader rhetoric that marginalizes multilingualism. More concretely, the Department of Education (ED) initially withheld $6.2 billion in funding from K-12 schools, a significant portion of which included $890 million in Title III Part A funds. These funds are specifically allocated to support states in covering the costs associated with educating ELs. Although these funds were eventually released after nearly a month, the initial withholding created considerable disruption and anxiety for school districts.

A further, and perhaps more consequential, federal action occurred in August when the ED withdrew a decade-old "Dear Colleague" letter. This letter had provided essential legal guidance to public schools on how to accommodate ELs to ensure compliance with federal civil rights laws. The withdrawal of this guidance signals a potential reduction in federal oversight and scrutiny of state and district actions concerning ELs. This shift can embolden states and districts to implement policies that may not adequately address the needs of EL students, potentially leading to less federal intervention when rights are infringed upon. The combined effect of these federal actions leaves the status of EL students and educators in a state of considerable flux and uncertainty.

The Demographics and Academic Profile of EL Students

English Learners constitute a substantial segment of the American public school population, representing approximately 10% of all students, which translates to about five million students nationwide. A notable characteristic of this population is the disproportionate representation in the lower grades. In the fall of 2021, around 15% of kindergarten students were classified as ELs, indicating a significant influx of students beginning their academic journey with limited English proficiency.

The majority of EL students are students of color, often reside in high-poverty communities, and are, in fact, born in the United States. This demographic profile is often misunderstood in public discourse. Political rhetoric frequently conflates EL students with undocumented immigrants, creating a mischaracterization that is not accurate. While the exact number of undocumented students is challenging to ascertain due to data limitations, estimates from Fwd.us, a bipartisan political organization, suggest there were approximately 620,000 undocumented K-12 students in 2021. This figure highlights that the vast majority of EL students are not undocumented immigrants and are, in fact, U.S. citizens or legal residents.

Academically, ELs often lag behind their English-proficient peers on key educational outcomes. For instance, the 2024 National Assessment of Educational Progress (NAEP) results for 4th graders revealed that ELs, on average, scored 25 points lower than non-ELs in mathematics and a significant 35 points lower in reading. While a 2018 study indicated that ELs demonstrated steady progress on the NAEP during the No Child Left Behind Era (2003-2015), this progress was not always reflected in aggregate NAEP scores. This phenomenon is partly due to the constant "churn" of students classified as ELs, as many students shed the EL label once they achieve English proficiency. This constant inflow and outflow of students can mask the sustained progress made by those who remain ELs for longer periods.

The Funding Landscape for EL Education

Title III of the Elementary and Secondary Education Act (ESEA) is currently the sole federal allocation specifically designated to support EL students. The distribution of these Title III funds across states is determined by the Department of Education, based on each state's proportion of EL students and the share of recent immigrant students within its population. A critical stipulation for Title III funds is that they must be used as a supplement to existing state and local allocations, not to supplant them, thereby freeing up other funds for different uses.

However, the dollar amounts provided to states through Title III are often modest and have been declining on a per-student basis. In the decade following the Great Recession, while the number of EL students modestly increased, Congressional allocations to Title III remained largely fixed. This disparity resulted in a decline in per-EL spending from $264 in the 2007-08 school year to $194 in the 2017-18 school year, when adjusted for inflation. Although allocation amounts have seen increases in recent years, they have not kept pace with the combined effects of inflation and the growth in EL enrollment. Based on current funding levels of $890 million and the number of ELs (5.26 million in 2021-22, the most recent year for which national data is available), Title III funds now amount to a mere $169 per EL student.

Beyond Title III, other federal programs, while not exclusively targeting ELs, disproportionately impact them. For example, Title I funds, which provide financial support to schools serving a high proportion of students living in poverty, end up benefiting a significant number of EL students, as they are often concentrated in these high-poverty areas.

State-Level Funding Models and Variability

The disbursement of Title III funds and the allocation of additional state aid for EL students are subject to individual state policies. While most states implement a student-based funding model, where ELs receive additional funding calculated as a weight beyond a baseline level assumed for all students, the actual weight can vary dramatically. For instance, weights can range from a few percentage points of the baseline in Utah to multiples of the baseline in Vermont. A smaller number of states employ a resource-based model, where funds are allocated according to the anticipated resources required to support student instruction. Some states utilize a hybrid model, incorporating elements of both student- and resource-based approaches.

However, determining the precise amount of money allocated to EL students is often challenging. The calculations frequently rely on protected, student-level data, which is not always publicly accessible. Furthermore, many states decline to publicly report their EL-focused spending, even though the Department of Education collects this data through the Common Core of Data. This lack of transparency hinders a clear understanding of financial support for ELs.

Operational and Definitional Disparities Across States

Beyond funding, significant variations exist across states in the operational and definitional aspects of EL education. These differences include:

Eligibility Criteria: Who qualifies as an EL student and under what specific classification can vary.
Program Offerings: The types of programs and services available to ELs differ from state to state.
Exit Benchmarks: The criteria and benchmarks used for students to exit EL status are not uniform.
Accountability Measures: The systems and measures in place to ensure schools are meeting the needs of EL students are inconsistently applied.

These inconsistencies create a complex and fragmented system for EL education nationwide.

Overlapping Needs and Complicating Factors

EL students may also face additional overlapping needs, such as learning disabilities. These co-occurring conditions can further complicate their progress and the resources required to ensure their success. For example, a study conducted in Washington state revealed that ELs with special needs took over a year longer to attain English proficiency compared to their comparable peers without such overlapping needs. Addressing these complex needs requires tailored interventions and a coordinated approach to support services.

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Data Gaps and Research Limitations

Despite efforts to trace the general contours of the EL funding and policy landscape, several "blind spots" in available data prevent a more in-depth analysis. Sometimes, the lack of data is understandable, particularly concerning sensitive information like students' immigration status. However, at other times, the reasons for data omission are less apparent, such as the reporting of EL-focused spending.

Compounding these issues is the significant state-level variability in EL policies, which makes direct comparisons across state lines nearly impossible. Even a seemingly straightforward question, such as the cost of providing adequate instruction to EL students, leads to frustratingly inconclusive results for most states. Several states have undertaken their own cost studies, often finding that the expenses can vary dramatically across the EL population due to a multitude of individual- or school-level factors. For instance, a 2024 cost study in Vermont produced annual per-student cost estimates ranging from $1,754 to $30,579, with a student's English proficiency identified as a major driver of cost.

Ultimately, these data gaps and policy variations hinder the ability of researchers, policymakers, and educators to readily evaluate the impact of recent shifts in federal policy on ELs. Based on the available information, the removal of federal guidance on EL education and the potential reduction in enforcement of civil rights laws may prove more consequential for ELs than any direct reductions in Title III funds. Considering the estimated costs for providing EL education, such as those from the Vermont study, Title III funds, amounting to approximately $169 per EL student, offer, at best, a minor contribution to the total spending required by states. The rapid federal policy shifts impacting ELs in recent months place this already vulnerable group at an increased risk of disinvestment and further detrimental changes at the federal level.

Multilingualism: A National Asset Under Threat

Multilingualism is not merely a personal attribute; it is a profound gift to students, communities, and the nation as a whole. It fosters cognitive flexibility, enhances cross-cultural understanding, and enriches the social fabric of our society. The act of supporting emergent bilingual students is an investment in our collective future.

Historically, efforts to suppress or diminish the use of languages other than English have been a recurring theme in the United States. From the punitive measures against Indigenous children for speaking their native languages in residential schools to the pressures faced by immigrant communities to assimilate rapidly, the fight for equal opportunities for bilingual speakers has been long and arduous. This historical context underscores the importance of present-day efforts to provide equal opportunities for emergent bilingual students, which should remain a national imperative.

Native language literacy is not simply a transitional phase towards English proficiency; it is a valuable asset in itself. A student's resulting bilingualism offers crucial cognitive, social, and economic advantages throughout their lives. Furthermore, embracing and supporting multilingualism can serve to bring communities together. When families feel marginalized because of their English fluency, or when emergent bilingual students are unfairly judged as less intelligent, a wedge is driven deeper into the fabric of our communities and public schools.

For these reasons, state departments of education and school districts must take proactive steps to protect the rights of students and families to essential translation and interpretation services, as well as robust language-learning support. While policymakers grappling with the pursuit of equal education access face finite political capital, and schools operate with limited financial resources, the imperative to support multilingual learners remains. The commitment to ensuring that every student feels safe, seen, and prepared for the future, regardless of their linguistic background, is a fundamental aspect of educational equity.

The Broader Threat to Educational Equity and Civil Rights

The actions targeting EL education are part of a larger pattern of efforts to diminish the role of the Department of Education (ED) and weaken federal oversight of educational equity and civil rights. President Trump has expressed a desire to dismantle ED and transfer its core functions to other federal agencies. This approach risks pushing out seasoned education experts, weakening oversight mechanisms, and making it harder for students, particularly those in vulnerable populations, to receive the support they need.

The Individuals with Disabilities Education Act (IDEA), a critical civil rights law that guarantees children with disabilities access to a free and appropriate public education, is particularly at risk. Proposed shifts of IDEA programs away from ED to agencies like the Department of Health and Human Services (HHS) could lead to its being treated as an afterthought, potentially diminishing its focus on educational outcomes. IDEA is the second-largest federal funding program for K-12 public schools, and its effective administration and oversight by ED are crucial.

Recent large-scale layoffs within ED's Office for Civil Rights (OCR) have already hampered its ability to enforce federal civil rights protections. A Government Accountability Office (GAO) report indicated that a significant percentage of discrimination cases handled by OCR were resolved by simply dismissing the complaint without actual review. This practice puts the civil rights of students at severe risk, potentially leading to a lack of essential accommodations, increased harassment, and disproportionate disciplinary measures.

Moreover, the weakening of ED's capacity to collect data, a statutorily mandated function, eviscerates a key resource for identifying and addressing disparities in education. Without robust oversight, school districts may not be held accountable for racial and disability disparities in discipline, academic performance, and access to resources. ED is also statutorily mandated to enforce national student privacy laws and provide an avenue for students and parents to challenge privacy abuses.

The consolidation of programs and the reduction in staff at ED threaten essential federal grant programs, including Title I funding, which provides critical support to over half of the nation's public schools serving high concentrations of low-income students. Federal student loans, grants, and work-study programs are also at risk. These actions represent a significant threat to decades of bipartisan progress toward educational fairness and reverse the commitments of previous administrations, both Republican and Democrat, to ensure equal access to education.

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