The US Department of Education has quietly rescinded a 2015 Dear Colleague letter that affirmed schools’ legal obligations to support students with limited English proficiency, Education Week reports. A red banner now marks the archived guidance: “RESCINDED: THIS DOCUMENT HAS BEEN FORMALLY RESCINDED BY THE DEPARTMENT AND REMAINS AVAILABLE ON THE WEB FOR HISTORICAL PURPOSES ONLY.”
The original document, issued jointly by the Education and Justice Departments in January 2015, reminded states and districts that under Title VI of the Civil Rights Act of 1964 and the Equal Educational Opportunities Act of 1974, they must take affirmative steps to ensure that English learners (EL students) can meaningfully participate in educational programs.
It also outlined how federal grants under Title III of the Elementary and Secondary Education Act should be administered to help schools meet these obligations. At the time, officials noted that EL students made up 9 percent of US public school enrollment and were present in nearly three out of four schools nationwide.
Civil rights advocates warn that rescinding the guidance sends a troubling signal. Districts already reluctant to allocate resources for English learner programs may interpret the move as a green light to scale back services, despite the underlying legal obligations that remain in force. The guidance, while not new law, had provided a clear framework for compliance and reinforced the federal government’s commitment to equity for this growing student population.
The action fits into a broader pattern during the Trump administration of rescinding civil rights guidance issued under the Obama administration, including protections for transgender students and racial diversity initiatives. Critics argue that such rollbacks disproportionately affect communities already facing educational barriers.
Editorial
This is one more example, in the first year of President Trump’s second term, of pulling back support from marginalized students. The students who most need clear protections from the government are left in a state of greater uncertainty.
Even without the 2015 letter, though, schools are still legally required to serve English learners. Title VI and the EEOA remain binding federal law, meaning districts cannot lawfully ignore or deny services to students because of their language background. The rescission may muddy the waters for administrators, but it does not remove schools’ core obligations to ensure equal access to education for all students.