LOS ANGELES (AP) — About 20,000 students in California who need to learn English aren’t getting adequate language instruction, according to a lawsuit against the state and education workers filed Wednesday by the American Civil Liberties Union.

Under state and federal law, schools are required to teach non-English speakers the language, but by its own records, the state isn’t offering English instruction to nearly 20,000 students. The suit alleges that lack of instruction has meant some children had to be held back a grade or live with low proficiency scores because of a language barrier.

The ACLU brought the issue to the attention of the state with a letter in January, and officials say they’re working to ensure compliance at the local level.

Attorney Mark Rosenbaum said in Wednesday’s filing that English learners fall behind without proper language lessons, even as school districts collect federal funds for providing such education.

Chief Deputy Superintendent of Public Instruction Richard Zeiger said in a statement that the state is determined to provide English learners appropriate instruction and encouraged parents to bring problems to the state’s attention.

Zeiger also noted that a recent appellate court decision found that the department was meeting its legal obligations related to on-site monitoring of English learners.

The ACLU’s lawsuit describes the educational struggles of three families with Spanish-speaking children attending Compton Unified School District and a San Diego 18-year-old in the Grossmont Union High School District.

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