State education officials outline Title funding rules and immigrant set‑aside for English‑learner programs

Department of Education · February 6, 2026

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Summary

State Title III and assessment leads told district staff that Title I is now the primary driver for English‑learner services, Title III remains supplemental, immigrant funds are a 15% Title III set‑aside, and districts should coordinate funding, needs assessments and consortiums to maximize impact.

State education officials advised district leaders on how to use federal funds to support English learners and warned that some federal guidance has changed while statutory obligations remain in place.

Melanie Mayu, coordinator of Title III and ELLs for the Department of Education and state director for migrant education, told attendees that recent federal moves — including layoffs in the office focused on English learners and the rescission of a Dear Colleague letter — have created uncertainty but do not alter statutes such as ESSA and civil‑rights obligations. "What is binding are the statutes," Mayu said, adding that courts and federal law (including the Civil Rights Act and decisions such as Lau v. Nichols and Castañeda v. Pickard) continue to require that districts provide ELs meaningful access to grade‑level instruction.

Mayu said many EL responsibilities have moved into Title I and that Title III should be treated as a supplemental grant: "Title I is now primarily responsible for the services provided to English learners. Title III is there to supplement Title I." She urged coordination between Title I and Title III leads and careful attention to "supplement not supplant" rules when planning budgets.

She explained mechanics districts should expect: districts must generally reach a Title III funding threshold (based on October 1 counts) to qualify directly; smaller districts can form consortia with a fiscal agent to access funds. Mayu said the state sets aside roughly 15% of Title III for immigrant funds to help districts with a measurable increase in immigrant students and that those funds are calculated using an average of recent counts and the current year's October 1 enrollment. "That's why we don't release [immigrant funds] until December," she said, noting the timing depends on the October 1 count.

Mayu recommended that districts base spending on needs assessments and program evaluation, citing high‑dosage tutoring, dual‑language programs, targeted summer supports and professional development as effective uses. She also cautioned against routinely transferring Title IV funds into Title I, saying such transfers can signal a lack of Title IV needs and strip away programs uniquely suited to Title IV funding.

The presentation included practical resources and next steps: the Department will share slide decks, an English‑learner data book and updates to the EL handbook; districts that want help with eGrants submissions or consortium formation were invited to contact the Department.

Next steps: Department staff will circulate the resources and remain available to review eGrants proposals before districts submit them.