Changes in Federal Policy Affecting English-Language Learners
The Trump administration has taken significant steps to revise federal policies that support students learning English, raising concerns among education advocates. These changes include the rescission of long-standing guidance that required schools to accommodate non-English speakers. The move has sparked alarm as it may lead to reduced assistance for approximately 5 million schoolchildren who are not fluent in English, many of whom were born in the United States.
This decision is part of a broader strategy by the administration to limit multilingual services across federal agencies. It aligns with President Donald Trump’s March executive order declaring English as the country’s “official language.” This policy shift is occurring alongside other initiatives targeting immigrants through deportation campaigns and other policy changes.
The Justice Department has been actively involved in this effort, sending a memorandum to all federal agencies last month. The memo instructed them to follow the president's directive, including the removal of guidance related to English-language learners. Since March, the Education Department has also laid off nearly all workers in its Office of English Language Acquisition and requested Congress to terminate funding for the federal program that supports educating English-language learners.
Advocates have noticed that the guidance document related to English learning now carries a label indicating it was rescinded and is available online only for historical purposes. An Education Department spokeswoman stated that the 2015 guidance was rescinded because it "is not in line with Administration policy." However, the Justice Department has not provided further details on whether the guidance will be replaced.
For decades, the federal government has maintained that failing to provide resources for individuals not proficient in English constitutes discrimination based on national origin under Title VI of the Civil Rights Act. By rescinding the guidance, the Trump administration signals that it may stop enforcing this law under the current interpretation. The Education and Justice departments have historically been responsible for enforcing this law.
In the July memorandum, Attorney General Pam Bondi cited case law suggesting that treating people who are not proficient in English differently does not inherently amount to discrimination based on national origin. Other guidance related to language access for federal services is also being suspended, and the Justice Department plans to create new guidance by mid-January to "help agencies prioritize English while explaining precisely when and how multilingual assistance remains necessary."
The consequences for school districts remain unclear, but advocates worry that rescinding the 2015 guidance could result in weaker instruction for English learners and disrupt decades of federal direction to provide English-language services. Michael Pillera, an attorney with experience in the Education Department’s Office for Civil Rights, emphasized the significance of this change, stating that the Department of Education and Justice are walking away from 55 years of legal understanding and enforcement.
Without federal pressure to comply with the law, some school districts may drop services, especially those facing financial challenges. Leslie Villegas, an education policy analyst, noted that while many districts may not change their services, the rescission opens the door for potential shifts, particularly in districts with previous compliance issues or cases related to English-language instruction.
Recent actions by the Justice Department have included notifying at least three school districts — in Boston, Newark, and Worcester, Massachusetts — that they are no longer under government monitoring to ensure they offer services to English-language learners. While officials in Worcester anticipated this action, some parent advocates in Boston questioned the abrupt end of monitoring.
Supporters of immigration restrictions argue that reducing the pressure on schools to provide these services could be beneficial, especially considering the costs to districts. Ira Mehlman, a spokesman for the Federation for American Immigration Reform, suggested that diverting resources to unprepared students could diminish the quality of education for others.
Todd DuBois of U.S. English, a group advocating for English as the official language, emphasized the need for education to help bridge the gap for students who do not speak English, while expressing concern that multilingualism might hinder early English literacy.
The requirement to serve English-language learners in school is based on two federal statutes: Title VI of the Civil Rights Act and the 1974 Equal Educational Opportunities Act. A landmark 1974 Supreme Court case, Lau v. Nichols, interpreted these laws to include a mandate for English-language services in schools. A 1981 court case, Castañeda v. Pickard, established a test to determine whether schools properly provided services to English learners.
In 2015, the Justice and Education departments published a 40-page guidance document outlining how schools can comply with these laws and avoid investigations and penalties. Montserrat Garibay, who headed the Office of English Language Acquisition under the Biden administration, described the guidance as essential for ensuring students learn English.
In her memorandum, Bondi stated that federal agencies would focus on boosting English education and assimilation. Garibay criticized the administration for moving away from supporting English-language education, saying, "Instead of providing this office with more capacity and more resources to do exactly what the executive order says — to make sure that everybody speaks English — they are doing the total opposite."
Mark Krikorian, executive director of the Center for Immigration Studies, supported the idea of English-language education but argued that the federal government should not dictate how school districts offer services. He acknowledged the importance of teaching children English, stating, "If you’re going to let people in who don’t speak English, then you want them to be acquiring English as soon as possible."