Advocates Call for Return of Rescinded Federal Guidance on English Learners

A coalition of educators and advocates dedicated to the rights of English learners is urging the U.S. Department of Education to restore federal guidance that was quietly withdrawn by the Trump administration in August.

On September 12, the National English Learner Roundtable sent a letter to Secretary of Education Linda McMahon and Attorney General Pam Bondi, condemning the rescission of the 2015 Dear Colleague Letter, which clarified the educational rights of English learners.

According to the advocates, “The 2015 guidance provided the framework enabling our states and schools to ensure that English learners have access to the pathways toward graduation, higher education, and the workforce—contributing positively to the economy and fabric of the United States.”

While federal laws governing the education of English learners remain in effect despite the withdrawal of the guidance, advocates warn that the decision “sends a dangerous and misleading signal to educational agencies, suggesting that enforcing the civil rights of over five million English learners is optional and has created uncertainty regarding their federal legal obligations to English learners and their families.”

When questioned on September 17 about the possibility of reinstating the guidance, Education Department officials stated that “the now rescinded 2015 Dear Colleague Letter on English-learning students was overly prescriptive and micro-managing of how states implement federal English language programs.”

They further noted, “States have vastly different needs for this important population of students and are best equipped to determine how best to educate these students while following all applicable federal laws.”

Need for Federal Guidance: Advocates Speak Out

The 2015 Dear Colleague Letter, which is now available online “for historical purposes only,” was instrumental in clarifying the intersection of civil rights law, case law, and federal education policy concerning English-learner programs, according to Megan Hopkins, chair and professor in the Department of Education Studies at the University of California, San Diego.

She emphasized that the guidance also highlighted how the Department’s Office for Civil Rights has identified violations of students’ rights and recommended solutions for addressing the most frequently cited issues.

Hopkins reminded state education leaders that their obligations to English learners and their families persist, stating, “It’s really sort of incumbent on states to think about what these provisions mean and how do we continue to uphold them. And that should be done irrespective of whether there’s a Dear Colleague letter.”

The advocates’ letter calling for the reinstatement of the guidance warns that without clear federal guidance and technical assistance, states and school districts might inadvertently fall out of compliance.

In an initial statement after the withdrawal of the guidance, Education Department officials noted that the guidance was rescinded “because it is not aligned with administration priorities.”

Moving Forward in the Absence of Guidance

Education Department officials did not clarify whether new guidance would be introduced to replace the 2015 Dear Colleague letter.

Hopkins has pointed out that for some time, educators and researchers have been advocating for updated guidance that reflects contemporary perspectives on multilingualism and bilingual education. This includes differentiated support for students at various proficiency levels, staffing considerations, and clearer expectations for aligning educational practices with current research.

In the interim, Hopkins has developed a resource for state education agencies that outlines the overarching obligations that states and districts have towards multilingual learners and their families, emphasizing the legal foundations, statutory authority, and judicial precedents for each requirement.