No Child Left Behind Act of 2001, Title III

Title III, “Language Instruction for Limited English Proficient and Immigrant Students,” is part of the No Child Left Behind (NCLB) Act of 2001. It replaced, but is substantially different from, Title VII of the Elementary and Secondary Education Act (ESEA), also known as the Bilingual Education Act of 1968. As a reauthorization of the 1965 ESEA, NCLB was signed into law in January 2002 to provide education funding to states and schools and to establish federal education policy. Title III was designed to provide federal assistance to states and school districts in meeting the language and academic needs of students classified as limited-English-proficient (LEP). (Although English language learner [ELL] is the preferred term, LEP will be used in this article because it is the official classification in NCLB.) Title III provides states with formula grants to distribute among state schools with LEP students. When states and outlying areas of the United States accept federal education funding—as all currently do—they must comply with the mandates of NCLB. These mandates include strict accountability measures related to students' progress in learning and attaining English proficiency and in meeting state academic standards. This entry describes Title III of the No Child Left Behind Act of 2001, and its implications for the education of language learners.

The stated purpose of Title III is to improve the education of LEP children by assisting children to learn English and meet challenging academic content and student academic achievement standards. Title III provides formula grants to state education agencies (SEAs). The SEAs, in turn, make subgrants to eligible local education agencies (LEAs) (i.e., school districts and charter schools) that apply to the state for such funds.

Title III defines an LEP student as a student between ages 3 and 21, who is enrolled (or preparing to enroll) in an elementary or secondary school and whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual (a) the ability to meet the state's proficient level of achievement on state assessments described in Title I, (b) the ability to successfully achieve in classrooms where the language of instruction is English, or (c) the opportunity to participate fully in society.

Title III requires that LEP students be placed in a language instruction education program, defined simply as an instructional course in which an LEP student is placed for the purpose of developing and attaining English proficiency, while meeting challenging state academic content and student academic achievement standards. The law stipulates that these programs may make instructional use of both English and a child's native language to enable the child to develop and attain English proficiency. Thus, Title III allows bilingual education, though it intentionally avoids the use of this term. Dual-language programs are also allowed under the stipulation that programs may include the participation of English-proficient children, if such course is designed to enable all participating children to become proficient in English and in a second language.

Essentially, Title III programs only need to meet two requirements: (a) teach English, and (b) teach content (as defined by state standards). Title III gives ultimate authority to each state in what types of program models for LEP students will be allowed. The law declares that Title III does not require states or schools to establish, continue, or eliminate any particular type of instructional program for LEP students, nor can the U.S. Secretary of Education mandate or preclude any instructional approach. Furthermore, the law declares, none of the requirements of Title III can be construed to negate or supersede state law; thus, in states with laws restricting bilingual education, schools cannot use the allowances for native-language instruction in Title III to offer bilingual programs (unless they meet the state's waiver requirements, if any).

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