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Schools are still required under federal and state law to help students who don鈥檛 speak English to both learn the language and understand the content of their classes.

That鈥檚 the message California education leaders and advocates are sending to schools after the Trump administration rescinded guidelines about how schools should teach English learners.

A third of students in California public schools begin school as English learners, meaning they do not yet speak, read or write English fluently.

Some educators and advocates are worried that the rescission of the federal guidance could open the door for some school leaders and teachers to scale back instruction for English learners and stop providing translations to families.

鈥淭he danger is not in the law going away, but in districts thinking they can step back from their obligation,鈥� said Martha Hernandez, executive director of the nonprofit Californians Together. 鈥淭hat would be devastating for English learners.鈥�

The U.S. Supreme Court ruled more than 50 years ago, in the 1974 case Lau v. Nichols, that students who do not speak and understand English fluently have the right to understand classroom lessons, and that schools must help them learn English and understand academic content alongside their English-speaking peers. These requirements were also codified in federal law in the Equal Educational Opportunities Act of 1974.

In 2015, the U.S. Department of Education and the U.S. Department of Justice, under former President Barack Obama, sent out a 40-page 鈥淒ear Colleague鈥� letter to schools across the country, laying out legal precedents and federal requirements for serving English learners. The document included examples of how to identify English learners, how to give them adequate instruction in the English language and make sure they understand academic content, including the role of bilingual education or support in a student鈥檚 home language. It also provided examples of how school districts could be found to be out of compliance, such as not offering English language acquisition programs to students with disabilities, or not giving English learners access to the same grade-level curriculum or extracurricular activities as other students.

This summer, a message in red appeared at the top of the guidance: 鈥淭his document has been formally rescinded by the department and remains available on the web for historical purposes only.鈥� The only explanation the federal Department of Education provided for rescinding this guidance is to say that it is 鈥渘ot in line with Administration policy.鈥�

It is the latest in a long line of steps the Trump administration has taken to dismantle support for students who speak languages other than English. Previously, the Department of Education laid off almost all employees in its Office of English Language Acquisition and asked Congress to terminate federal funding for teaching English learners, immigrant students and the children of migrant farmworkers. President Donald Trump also issued an executive order declaring English the official language of the United States.

In the president鈥檚 budget request released May 2, he said, 鈥渢he misnamed English Language Acquisition program 鈥� actually deemphasizes English primacy by funding NGOs and States to encourage bilingualism.鈥�
California state law requires schools to provide instruction for students to learn English, known as designated English Language Development (ELD), and language support within every class, known as integrated ELD. The state also has its own guidance, such as the English Language Arts/English Language Development Framework and the English Learner Roadmap. In addition, the state provides funding for English learners, and every district is required by state law to specify in their annual spending plans how they intend to use the money.

鈥淭he U.S. Department of Education鈥檚 action does not change any state laws regarding English learner programs or services,鈥� said Liz Sanders, director of communications at the California Department of Education. She said the department will continue to provide guidance for teaching English learners with resources on its website, like the English Language Development Standards, and a page about specialized programs for 鈥渕ultilingual learners.鈥�

鈥淐alifornia has been a leader,鈥� said Hernandez. 鈥淚n the absence of clarity at the federal level, California can and should model best practices for the rest of the country.鈥�

Still, Hernandez said not all California districts have consistently provided the English Language Development instruction required by law. She is worried that without federal guidance, more districts will stop providing instruction or support for English learners and their families.

鈥淭hat will lead to an increase in long-term English learners, it will lead to a stalling of reclassification, it will lead to higher dropout rates, and it will leave English learners behind,鈥� said Hernandez.

Los Angeles County Superintendent of Schools Debra Duardo published a statement criticizing the rescission of the federal guidance, saying it 鈥渃reates uncertainty, weakens accountability and risks widening opportunity gaps, especially when resources are already stretched thin鈥� and declaring that the county will continue to ensure 鈥渢hat English learners have equitable access to education.鈥�

School district leaders in California said they frequently used the federal guidance in the 鈥淒ear Colleague鈥� letter to clarify the legal obligations schools have to English learners.

鈥淲e quote it all over our own documents to just make very clear what our obligations are. When there is any wavering or questioning around, 鈥楧o we have to provide ELD courses?鈥� or 鈥楧o we have to provide professional learning?鈥�, we have leaned on that guidance quite a bit,鈥� said Nicole Knight, executive director of the English Language Learner and Multilingual Achievement department in the Oakland Unified School District.

Norma Carvajal Camacho, assistant superintendent of educational services for the Azusa Unified School District in Los Angeles County, said that when the federal guidance came out, there was still a lot of misunderstanding about how to best teach English learners. So the district used the federal document to help train teachers and administrators.

鈥淢any of our teachers still lived in the space of, 鈥業f I鈥檓 teaching in English, that鈥檚 sufficient,鈥欌�� Carvajal Camacho said. 鈥淪o it was used initially to lay the groundwork for providing support for teachers in English language development, understanding language acquisition and being able to support students intentionally who are learning English as an additional language.鈥�

After the Department of Education rescinded the guidance, Azusa Unified sent a memo to all school administrators asserting that schools must still provide daily instruction on language development and language support in all classes and make sure English learners have access to all courses, including college preparation, honors and AP classes, among other requirements.

鈥淥ur obligations under Title VI and the Equal Educational Opportunities Act remain in effect,鈥� the memo reads. 鈥淎s a District, we remain steadfast in ensuring every English Learner has meaningful access to high-quality instruction that supports both language development and academic achievement.鈥�

Some parents of English learners across the state are concerned that without federal guidance, some schools will stop giving children the help they need to learn the language.

鈥淚f our children who are English learners don鈥檛 get reading, writing, listening and speaking help, it will be fatal,鈥� said Martha Rivera, parent and president of the District English Learner Advisory Committee in the Riverside Unified School District. 鈥淏ecause a child who does not have reading comprehension is a child who will not advance in school.鈥�

Teodora Mendoza, a mother from San Jose, said her daughter did not speak English when the family came to the U.S. from Mexico more than 10 years ago, but the language support she received in school helped her become fluent, and she is now in college. She said the translation the school provided for parents also helped.

鈥淚t helped me communicate with the teacher and ask how my daughter was doing,鈥� she said. 鈥淚t reassured me about sending my daughter to school.鈥�

She thinks that without federal guidance, some schools may stop offering translation for parents.

鈥淚t truly worries me,鈥� she said.

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