Federal guidance on English Learners, previously revoked, is being demanded to be reinstated by advocates.
In a recent development, the rescission of the 2015 Dear Colleague Letter has created uncertainty about federal legal obligations to English learners and their families. This letter, which outlined English learners' education rights, is no longer in effect and is available online for historical purposes only.
Johns Hopkins University has stepped up to fill the gap with a resource designed for state education agencies. This comprehensive guide aims to help these agencies understand their ongoing obligations to multilingual learners and their families. The resource highlights the need for differentiating supports for students across different proficiency levels, appropriate staffing, and aligning practices with current research.
However, the resource does not directly mention the rescission of the 2015 Dear Colleague Letter being aligned with administration priorities, as stated in the initial Education Department statement following its rescission. Similarly, it does not outline how civil rights law, case law, and federal education policy intersect to shape requirements for English-learner programs, as the 2015 Dear Colleague Letter did.
The advocacy group, the National English Learner Roundtable, has expressed concern about this lack of clear federal guidance. On Sept. 12, they submitted a letter to Secretary of Education Linda McMahon and Attorney General Pam Bondi, denouncing the Trump administration's decision to rescind the 2015 Dear Colleague Letter. The letter urges the reinstatement of the 2015 Dear Colleague Letter due to concerns about noncompliance.
Press officials have stated that the rescinded 2015 Dear Colleague Letter was overly prescriptive and micro-managing of how states implement federal English language programs. They argue that states have vastly different needs for educating English learners, and are best equipped to determine how best to educate English learners while following all applicable federal laws.
Interestingly, Hopkins has been urging the department to update guidance on multilingualism and bilingual education to reflect current thinking in the field. There are no clear indications yet about whether new updated guidance will be provided to replace the 2015 Dear Colleague Letter.
For those seeking a better understanding of the current state of federal obligations to English learners, Hopkins' resource provides a valuable starting point. The resource is available as a PDF here.
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