At what cost?: How states grapple with ensuring educational rights for language learners in K12 public schools.

sophiarodriguez15
49 minutes ago
5 min read

June 22, 2026

In this blog, I (Sophia Rodriguez) and Melissa Ortiz (doctoral student at NYU Steinhardt) share some initial findings from our landscape analysis of states' funding for language learners. Many current attacks by the current administration are denying educational rights and access to education for language learners, minoritized students, and immigrant students. It is important to note that language learner is an often used proxy for understanding how many language learners are in a school, but these are estimates and imperfect. Dangerously, the Trump administration, as well as anti-immigrant legislators and governors, are promoting false information about the cost of educating immigrant students. The dismantling of the Department of Education and erosion of federal programs and supports will likely have devastating impacts on the educational access and outcomes for language learners, many of whom are citizens. In fact, it is estimated that 70-75% of language learners in US public schools are citizens. The actions of this administration have impacts on citizen-born language learners as well as immigrant students, and are a direct violation of civil rights.

Below, we share initial findings from our study. We welcome other scholars to add to this discussion, and invite blogs on the topic, especially at the state-level. Please email us at: sophia.rodriguez@nyu.edu or through the Immigrant Ed Next website.

Background: English Learner Rights and Funding

For more than five decades, federal policy has played a critical role in protecting the educational rights of English learners (ELs) in the United States. These protections are rooted in civil rights law. In particular, in 1974, the Supreme Court Case Lau v. Nichols ruled that all students have access to educational programming that meets their language needs. This ruling made clear that schools must provide additional supports to ensure meaningful participation for students who are not yet proficient in English. Since then, these protections have also been reinforced through federal funding streams and have helped ensure that millions of students can access meaningful educational opportunities regardless of their native language backgrounds.

Building on this legal precedent, the federal government developed policies and programs aimed at supporting EL students. The Office of English Language Acquisition (OELA), for instance, was created under the No Child Left Behind Act of 2002 and has served as a central source of funding and leadership. OELA’s mission has been to help English learners and immigrant students attain English proficiency and achieve academic success. Further, Title III of the Every Student Succeeds Act (ESSA), enacted in 2015, is one of the most significant federal funding streams dedicated to English learners. Title III funding is designed not only to support language acquisition programs but also to ensure that states uphold the civil rights of EL and immigrant students.

This protection is especially important in particular states where policies fall short of meeting these obligations. In fiscal year 2025, approximately $890 million was allocated nationwide through English Language Acquisition State Grants—an increase of over $100 million compared to a decade ago. However, uncertainty around federal programs, such as the proposed dismantling of the Department of Education, raises important questions about what is at stake for EL students, educators, and school systems nationwide.

The Scope of Impact

The scale of these programs is substantial. In the 2021–2022 school year, nearly 4.9 million English learners were enrolled in U.S. public schools, representing about 10% of the total student population. The impact is particularly visible at the state level in those with large immigrant populations. In 2024, the number of children in immigrant families reached:

403,100 in Pennsylvania
843,600 in New Jersey
1,405,900 in New York

The states with the largest number of enrolled ELLs are: California (1,127,600), Texas (1,094,00), and Florida (269,500). During the 2021–2022 school year, English learner enrollment in K–12 schools in additional states with large numbers of immigrants was:

77,600 in Pennsylvania
112,900 in New Jersey
247,000 in New York

How much funding do states spend on educating language learners?

In the fiscal year 2025, a total of $890,000,000 was appropriated to all 50 states by OELA in English Language Acquisition State Grants. This number has grown over $100,000 across the past decade, as allocation is determined by the state's share of English Language Learners and immigrant children and youth. However, Federal Title III allocations can vary significantly by state. For example:

Pennsylvania received approximately $20 million
New Jersey received approximately $30 million
New York received over $65 million

These funds support a range of services, including language instruction programs, family engagement initiatives, and professional development for educators. In addition to supporting students, Title III funding plays a key role in preparing educators. The National Professional Development (NPD) program, for instance, provides targeted training for teachers working with English learners. In 2026, $49 million was allocated to NPD grants. These investments are crucial, as effective instruction for EL students requires specialized skills in language development, culturally responsive teaching, and differentiated instruction. However, recent administrative decisions have created uncertainty about the future of these programs, potentially affecting the pipeline of well-prepared educators.

As noted, determining the true cost of providing adequate instruction to EL students remains challenging. Costs vary widely depending on local contexts, student needs, and program models. While some states have attempted to estimate these costs, there is no universally accepted benchmark.

Further, despite the importance of Title III funding, research has struggled to establish a clear causal link between these funds and improved student outcomes. One major challenge is the variability in how programs are implemented across states and districts. Differences in program quality, instructional approaches, and resource allocation make it difficult to isolate the effects of federal funding. However, a review of bilingual education research suggests there are a plethora of immediate benefits of bilingual education for all students, including academic, social-emotional, and sociocultural benefits.

Conclusion

The potential closure or weakening of federal programs to support educating English learners raises serious concerns. Without sustained federal oversight and funding, states may vary even more widely in their support for English learners, potentially undermining decades of progress in educational equity. We have already started to experience funding cuts for English language learners and research: according to the Ed Law Center, a $4 million, six-year contract with AIR for a National Evaluation of Title III Implementation was cancelled just last summer. Further, they note that even before recent threats to cut Title III funding, schools were struggling to meet their goals due to implementation challenges and inadequate funding that has not kept pace with the growing EL population.

For the nearly five million English learners in U.S. schools, these programs are not abstract policies, but essential supports that shape access to education, academic achievement, and long-term opportunities. As policymakers consider the future of federal education programs, the stakes for English learners and immigrant students remain high. Ensuring that these students receive the support they need is not only a matter of educational policy but also a continuation of a long-standing civil rights commitment.

Be sure to follow us or tweet about #ImmigrantEdNext

Suggested Citation: Rodriguez, S. & Ortiz, M. (2026, June 22). At what cost?: How states grapple with ensuring educational rights for language learners in K12 public schools. Immigrant Ed Next.