Viewpoint

What’s Next for English Learners in the US Now That English is the Official Language?

The rights of designated English learners are primarily protected under two federal laws. Title VI of the Civil Rights Act prohibits discrimination based on race, color, or national origin. A landmark Supreme Court case, Lau v. Nichols, 414 U.S. 563 (1974), ruled that language is part of national origin. Therefore, public schools must provide English-language support services. Additionally, the Equal Educational Opportunities Act (1974) states that schools must “take appropriate action to overcome language barriers that impede equal participation by its students in its instructional programs.”

For decades, there was no policy document that state and district leaders could turn to for clear guidance about how to enact these laws. In 2015, that void was filled by policy guidance jointly issued by the Department of Justice and the Department of Education under the Obama administration. Informally known as the “Dear Colleague” letter, it spelled out English learners’ educational rights as well as the responsibilities of states and school districts, which include identifying students eligible for services in a timely manner, implementing research-based instructional programs, and hiring qualified teachers.

However, in March, an executive order to designate English as the official language of the United States was issued. Since then, the federal government has been steadily scaling back language support services for the over 5 million students in public schools who are learning English. Shortly after the executive order was announced, nearly all employees in the Office of English Language Acquisition in the U.S. Department of Education were laid off.

And then in July, the administration suspended $6 billion in education funding for schools that had already been approved by Congress. It included $890 million in Title III funds, which support instructional programming and professional development for teaching English learners. While the money for this year’s funds was eventually released, Title III funds are conspicuously absent from the federal fiscal year 2026 budget proposal. What’s even more alarming is the recent move, reported by the Washington Post, to rescind the “Dear Colleague” letter, which now bears this notation in red: “This document has been formally rescinded by the department and remains available on the web for historical purposes only.”

When the Washington Post reporters asked for the rationale for this change, a Justice Department spokesperson referred them back to the March executive order to make English the official language of the United States. Yet, beginning with the Lau v. Nichols ruling, policies have prioritized the timely acquisition of English proficiency, along with equal access to grade-level content. Many of us in English learner education would love to see more opportunities for designated English learners to develop bilingualism and biliteracy and believe that multilingualism contributes to the richness and prosperity of this country. However, as far as existing policies on English learner education are concerned, the administration’s assertion that federally funded services “[prioritize] multilingualism over English proficiency” is false.

What’s at stake for states and districts

Whether the intention was to undermine multilingualism or something else, the possible consequences are wide-reaching. Under the previous guidance, there were mechanisms to monitor whether schools were, for example, using high-quality curricula, monitoring students’ progress in English, and training teachers to effectively teach multilingual kids. Without federal oversight, it will be challenging to ensure that states and districts are implementing high-impact, research-based practices.

The delivery of language services is also at stake, especially if Title III funds disappear. To save money, districts may fire English as a second language (ESL) teachers, rely exclusively on dually-licensed teachers to provide both content and language support, or offer instruction only to students at beginning stages of English language development. They may choose to isolate English learners in separate programs, irrespective of their level of language proficiency, rather than utilize comparatively expensive models like co-teaching. These decisions, which are already common in this chaotic financial climate, may become more widespread and arbitrary in the absence of federal regulations.

Certain subgroups of English learners could be harmed the most by this rescission. For example, students at intermediate levels of English proficiency often still require specialized language instruction to access grade-level content or continue to hone their English language skills. What happens to these students if there are no longer enough teachers to support them? Students with disabilities who are also English learners already often receive inconsistent language instruction. Now, they may receive even fewer minutes of language teaching.

As reported by the New York Times, the US Education Department justified its decision to rescind the 2015 guidance by arguing that states “have vastly different needs” and are therefore “best equipped” to determine how to support designated English learners. That is true. The demographics of English learners do, indeed, differ by state.

But are states equally equipped and committed to serve designated English learners? Some states may continue to champion best practices for teaching English learners and to protect their equal access to education. But others may not or may not be able to afford to. And that is what is terrifying.

Yasuko Kanno is a professor of language education at BU Wheelock. She is an applied linguist who specializes in immigrant English learners’ access to postsecondary education.

Jennifer Altavilla-Giordano is a lecturer of language education and director of the TESOL Multilingual Learner Education (Licensure) program at BU Wheelock. Her research focuses on professional development, preservice training, and instructional coaching for teachers who work with students classified as English learners.