Title III of the Every Student Succeeds Act is the federal program that sends formula grants to every state to pay for English language instruction for English learners and immigrant students in public schools. The grants are codified primarily at 20 U.S.C. §§ 6811–6871 (Part A) and §§ 7011–7014 (Part B). Money flows from the U.S. Department of Education to state education agencies, which pass subgrants to local school districts. Title III dollars are supplemental by law: they add to what states and districts already spend on language services and cannot replace that baseline.
Which Students the Program Is Built Around
Two eligibility categories drive Title III. The first is the English learner. Federal law defines an English learner as a person aged 3 through 21 who is enrolled or preparing to enroll in an elementary or secondary school and whose language background interferes with their ability to meet state academic standards, succeed in an English-language classroom, or participate fully in society. That background can mean being born outside the United States, speaking a native language other than English, or coming from a home where a non-English language has meaningfully shaped the child’s English.1U.S. Department of Education. Non-Regulatory Guidance: English Learners and Title III – ESEA as Amended by ESSA
The second is the immigrant child or youth. To qualify, a student must be aged 3 through 21, must not have been born in any U.S. state, and must not have attended school in any state for more than three full academic years.2Legal Information Institute. 20 USC 7011 – Definitions English proficiency is not part of that test. A recently arrived student who already speaks English fluently still counts as an immigrant child for funding purposes.
Identification of English learners begins with a home language survey at enrollment, followed by a formal English proficiency screening if the survey shows a non-English language background. Every potentially eligible student must be assessed within 30 days of enrolling in a school in the state.3U.S. Department of Education. Addendum to Non-Regulatory Guidance: English Learners and Title III – ESEA as Amended by ESSA Entrance and exit criteria must be standardized statewide. A student exits English learner status only by meeting the state’s exit criteria, which center on scoring proficient on the state’s annual English language proficiency assessment. Once a student exits, Title III funds can no longer be spent on services for that student.
How Money Moves from Washington to a Classroom
The Department of Education awards Title III Part A formula grants each year to every state with an approved plan. The size of each state’s grant depends on its count of English learners and immigrant children and youth.4U.S. Department of Education. English Language Acquisition State Grants – Title III, Part A States then distribute subgrants to local educational agencies using a parallel formula tied to each district’s share of eligible students.5Office of the Law Revision Counsel. 20 USC 6821 – Formula Grants to States
To receive Title III funds directly, a district must generate a subgrant of at least $10,000 based on its English learner population. Smaller districts are not shut out. They can form a consortium with neighboring districts and pool their eligible student counts to clear the $10,000 floor.6U.S. Department of Education. Non-Regulatory Guidance: English Learners and Title III – ESEA as Amended by ESSA (Revised January 2019) Consortium members typically sign a memorandum of understanding designating one district as the fiscal lead. That lead district applies for the grant, receives and manages the money, and coordinates spending. It cannot pass Title III dollars along as subgrants to the other members.
What Districts Must and May Spend the Money On
Every district receiving a Title III subgrant has two required uses. It must use effective instructional approaches for teaching English learners and immigrant students, and it must provide high-quality professional development to the teachers, administrators, and other staff who work with those students.7Office of the Law Revision Counsel. 20 USC 6825 – Subgrants to Eligible Entities The professional development must be intensive and sustained enough to change classroom practice; a one-day workshop does not qualify.
Beyond those mandates, the statute authorizes additional spending. Districts may develop instructional materials tailored to English learners, launch bilingual or dual-language programs, and pay for community-based programs such as family literacy services that help parents engage with their children’s schooling. Districts serving immigrant students may also use funds for career and technical education and other comprehensive support services.
Fiscal Rules That Bound Every Dollar
Two rules keep Title III money from being redirected or absorbed into general operations. The first is supplement-not-supplant. Title III funds cannot pay for services a district is already legally required to provide, whether that requirement comes from Title VI of the Civil Rights Act of 1964, the Equal Educational Opportunities Act of 1974, state or local law, or the district’s own prior-year spending. A district cannot swap Title III dollars in and pull its local dollars out.
The second is a cap on administrative overhead. Districts may spend no more than 2% of their Title III English learner subgrant on direct administrative costs. The cap does not apply to immigrant-specific subgrants, which allow more administrative flexibility.8U.S. Department of Education. Title III State Director Training Modules – Module 3: The Use of Title III Funds The 2% ceiling is tight enough that most of the money has to reach classrooms.
What Parents Must Be Told
Districts must notify parents no later than 30 days after the start of the school year when their child has been identified as an English learner and placed in a language instruction program. For students who enroll mid-year, notice is due within the first two weeks of placement.3U.S. Department of Education. Addendum to Non-Regulatory Guidance: English Learners and Title III – ESEA as Amended by ESSA The notice must be written so parents can understand it and, to the extent practicable, in the parent’s home language. It must explain why the child was identified as an English learner, the child’s current proficiency level, the instructional approach the program uses, and how the program will help the child meet graduation requirements.
Parents have the right to decline specialized language services. One point trips families up: opting out removes the child from the instructional program, but it does not remove the English learner classification. The child still must take the annual English proficiency assessment each year, and the district cannot drop the EL designation until the student scores proficient on that assessment.3U.S. Department of Education. Addendum to Non-Regulatory Guidance: English Learners and Title III – ESEA as Amended by ESSA
Equitable Services for Private School Students
A district that receives a Title III subgrant must also provide equitable services to eligible English learners enrolled in nonprofit private schools within its geographic area. Citizenship and immigration status are irrelevant to eligibility; the only question is whether the student meets the federal definition of limited English proficient.9U.S. Department of Education. Title III, Part A of the ESEA – Equitable Services for Private School Students, Teachers, and Other Educational Personnel
Before designing services, the district must engage in timely and meaningful consultation with private school officials, covering how students will be identified, what services will be provided, who will deliver them, how much funding is available, and how results will be assessed. The district keeps control of Title III funds throughout and cannot simply reimburse a private school for materials the school bought on its own. Spending must be proportional to the number and needs of eligible private school students relative to their public school counterparts, and every service must be secular and non-ideological.
Accountability and What Happens When Districts Fall Short
States must adopt English language proficiency standards aligned with academic content standards and administer an annual proficiency assessment covering speaking, listening, reading, and writing. The results track individual student growth and determine when a student is ready to exit the program.
States also set long-term goals for the share of English learners making progress toward proficiency within a defined timeline. When a district misses those goals for two consecutive years, it must develop an improvement plan identifying the shortfalls and the corrective strategies. Continued failure can lead the state to redirect the district’s Title III funds or revoke subgrant eligibility.
Exiting a student is not the end of the district’s job. Federal law requires districts to report on former English learners’ academic performance for four years after they stop receiving Title III services.1U.S. Department of Education. Non-Regulatory Guidance: English Learners and Title III – ESEA as Amended by ESSA That four-year window is designed to catch premature exits: if a reclassified student begins to struggle, the data should surface it in time for the district to respond.