Trump Administration Revokes Guidelines Regarding the Rights of English Learners

The U.S. Department of Education, under the Trump administration, has taken several steps that have raised concerns about the support and protections for English learners in American schools.

In August 2018, the department rescinded a 2015 "Dear Colleague" letter that provided schools and districts with guidance on how to comply with their legal obligations to serve English learners. This move reduced the available guidance for schools, potentially weakening protections and support for English Learners' rights in the United States.

The rescinded letter, which was one of the most widely used resources for English learners due to its comprehensiveness and clarity about schools' legal expectations, now has a notice saying it is available "for historical purposes only."

Accompanying this action, the Education Department's office for civil rights has faced major reductions in staffing, and almost all employees in the federal office dedicated to English learners have been laid off. This has led to fewer investigations into discrimination complaints in K-12 schools.

With the federal level limiting resources and rights of English learners, it's been clear that the Department of Education is not interested in following up on complaints moving forward, according to Sugarman. Schools led by individuals who do not want to serve English learners may feel emboldened by the lack of federal oversight.

Furthermore, the Trump administration has revoked a policy memo declaring schools a "protected area" from immigration enforcement. This decision may discourage families of English learners from seeking educational opportunities due to fear of immigration-related consequences.

On the other hand, a survey among educators revealed that 87% of those who voted for Vice President Kamala Harris in a hypothetical 2024 presidential election support schools' federal requirement to provide English instruction to students who need it, as outlined in the 1974 U.S. Supreme Court decision in Lau v. Nichols. Sixty-three percent of educators who said they voted for Trump also support this requirement.

The U.S. Department of Justice has published initial guidance aimed at minimizing "non-essential multilingual services," adding to the concerns about the support for English learners in the Trump administration.

As the 2026-27 school year approaches, President Donald Trump has called for cutting funding for English learners, which could further impact the educational opportunities for these students. The future of support and protections for English learners in the United States remains uncertain.

Trump Administration Revokes Guidelines Regarding the Rights of English Learners