Resource Center

By Morgan Craven, J.D. • Federal Education Law and Policy Update • October 9, 2025

Resource from the Intercultural Development Research Association (IDRA), a nonprofit advancing education equity.

The U.S. Department of Education and the Department of Justice recently rescinded a 2015 joint Dear Colleague Letter that advised states and school districts on how to meet their legal obligations to educate English learners and support their families. Although this policy withdrawal is harmful, it is crucial for families, educators and advocates to know that the laws protecting English learners remain unchanged.

The U.S. Supreme Court’s decision in Lau v. Nichols, Title VI of the Civil Rights Act of 1964, the Equal Educational Opportunities Act (EEOA), and the Elementary and Secondary Education Act (ESEA) continue to guarantee access to school programs and services and protections for English learners and their families.

Dear Colleague letters and other agency guidance documents help states and school districts understand the law, their obligations to students and families, and how the federal government may respond to allegations of discrimination and other violations of the law.

The rescinded letter gave states and school districts assistance in meeting these obligations. Without it, schools face confusion about how to provide appropriate programs, monitor services and communicate effectively with families.

Rescinding (or withdrawing) this and similar guidance documents signals that the current administration does not plan to prioritize or enforce protections for English learners in the same ways previous administrations have. But that does not change the underlying laws upon which the guidance was based.

IDRA joined dozens of national, state and local partners, led by the National English Learner Roundtable, in sending a letter urging the Departments of Education and Justice to immediately reinstate the 2015 guidance.

As the letter warns, removing the guidance “sends a dangerous and misleading signal” that civil rights enforcement is optional, potentially undermining protections for the more than 5 million English learners in U.S. schools.

Together, we emphasized that English learners, who make up one in 10 public school students nationwide, deserve clear, consistent enforcement of their rights to a meaningful, rigorous public education.

IDRA is committed to making sure English learners have the opportunity to learn and thrive in school. We provide training and technical assistance to schools, share research-based best practices and publish resources that help districts support student success.

IDRA’s Lau v. Nichols resource page and Emergent Bilingual Student Success Toolkit are designed for educators, families and advocates who want to protect students’ rights.

Remember your Rights!

• Schools must identify and support English learners. Districts are required to provide effective programs that help students learn English while keeping up with other subjects.
• Parents have the right to information in their language. Schools must communicate about report cards, meetings and special services in ways families can understand.
• Students cannot be denied equal access. Federal law requires schools to take steps so English learners can fully participate in academic programs.

If you encounter barriers or believe your child is not receiving the support they need, speak with your school district and connect with advocacy groups like IDRA.

What You Can Do Now

• Share IDRA resources with families, educators and advocates in your network.
• Remind your local schools and districts that their obligations have not changed, even if federal guidance has been withdrawn.
• Call your members of Congress to share stories of how English learners are being served in your school district and urge them to protect federal staff, programs and funding that support English learners, students and families.

This article appeared with other articles in the October 2025 edition of the IDRA Federal Education Law and Policy Update. See the full edition.

FAQs

Q: Are schools still required to support English learners?

A: Yes. Federal laws continue to mandate identification and support for English learners.

Q: What did the rescinded 2015 guidance do?

A: It clarified schools’ responsibilities to provide services and prevent discrimination.

Q: What should advocates do now?

A: Share resources and remind districts their legal obligations remain unchanged.