English Learners

According to Every Student Succeeds Act of 2015 (ESSA), an EL is an individual who:

  • is aged 3 through 21;
  • is enrolled or preparing to enroll in an elementary school or secondary school;
  • meets one of the following criteria:
  1. was not born in the United States, or whose native language is a language other than English;
  2. is a Native American or Alaska Native, or a native resident of the outlying areas; and comes from an environment where a language other than English has had a significant impact on the individual’s level of English language proficiency (ELP); or
  3. is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant.
  • has difficulties in speaking, reading, writing, or understanding the English language, that may be sufficient to deny the individual:
  1. The ability to meet the challenging state academic standards;
  2. The ability to successfully achieve in classrooms where the language of instruction is English; or
  3. The opportunity to participate fully in society.

Legal Obligations

To comply with federal civil rights law, state and local educational agencies (SEAs and LEAs) must take action to overcome language barriers and ensure that English learners (ELs) can participate meaningfully in K-12 public education.

  1. Use a valid and reliable approach to identify and assess ELs that is applied consistently across all districts in a state. - Every Student Succeeds Act (ESSA), 2015
  2. Provide ELs with a language instruction educational program (LIEP) that supports English language development & provides access to grade-appropriate academic content. - Equal Ed. Opportunities Act (EEOA), 1974; ESSA, 2015; Lau v. Nichols, 1974
  3. Ensure each LIEP has sufficient staff who are well-qualified to teach ELs and adequate resources for implementation.  - Castañeda v. Pickard, 1981; EEOA, 1974
  4. Avoid the unnecessary segregation of ELs. - Title VI of the Civil Rights Act of 1964; EEOA, 1974
  5. Monitor ELs’ progress in English language proficiency and meeting academic standards. - Castañeda v. Pickard, 1981; ESSA, 2015
  6. Evaluate LIEPs to ensure ELs acquire English proficiency & perform on par with non-ELs on academic assessments. - Castañeda v. Pickard, 1981; Lau v. Nichols, 1974
  7. Communicate with caregivers in a language they can understand. - ESSA, 2015; Title VI of the Civil Rights Act of 1964; EEOA, 1974
  8. Provide all children with a free, public education regardless of immigration status. Enrollment forms cannot ask about immigration status or require a Social Security card or state driver’s license, or a child’s birth certificate. - Plyler v. Doe, 1982
  9. Information about immigrant students and families cannot be shared with any person or agency without permission. - Family Educational Rights and Privacy Act (FERPA)

Title III

The purpose of Title III is to provide federal funding to support services designed to assist and enhance English learners (EL), including immigrant children and youth ages 3-21, in learning English and meeting the challenging State academic content and student academic achievement standard requirements. 

For more information, please visit the Title III page under ESEA programs. 

Technical Assistance

Monthly ESOL and Title III Update Webinars

These monthly webinars provide short presentations followed by question-and-answer sessions. They are designed to keep Title III and English Speakers of Other Languages (ESOL) directors and teachers informed with timely and relevant information throughout the school year.

Participants may register for upcoming webinars and access materials and resources through the Kansas Technical Assistance System Network (KSDE TASN) website. [external link]

Time: All webinars begin at 1 p.m. Central Time (CT).

Upcoming Webinar Dates

May 14, 2026

Previous Webinar Materials

For more information, contact:

Emily Scott
(785) 296-4941