Department of Education abolishes guidance for English language learners, raising concerns about potential loss of funding
The United States education system is undergoing significant changes in its approach to English language learning, following a series of decisions and executive orders by the current administration.
In a move that has sparked controversy, President Donald Trump's executive order, issued in March, declared English as the official language of the United States. Since then, the Education Department has taken steps to terminate all funding for programs for English-language learners. The memorandum laid out the ground rules for supporting this executive order, aiming to promote assimilation over division.
A 40-page document, created in 2015, outlined the required obligations of state education agencies and school districts towards English learning students. However, the Education Department has rescinded guidance on providing instruction and resources to students who are not fluent in English. This rescinded guidance included specifics on staffing English learning programs, ensuring meaningful access to all curricular and extracurricular programs, and preventing unnecessary segregation of students.
The Eighth Circuit has concluded that a policy that treats people differently based on limited English proficiency does not facially discriminate based on national origin. However, the court has also stated that under Title VI, language and national origin classifications are not interchangeable. This decision may lead many schools to stop providing additional resources and instruction for non-native English speakers.
The Justice Department is expected to create guidance to prioritize English and explain when and how multilingual assistance is necessary. In July, Attorney General Pam Bondi pushed back on the notion that the federal government should have to provide resources to non-English speakers.
The 1974 Equal Educational Opportunities Act requires public schools to provide resources for students who are not fluent in English. The basis for ensuring federal English learning resources for non-native speakers stems from the 1974 Supreme Court case, Lau v. Nichol's interpretation of discrimination based on national origin under Title VI of the Civil Rights.
The vast majority of employees in the Education Department's English Language Acquisition program have been laid off. Montserrat Garibay, who headed the Office of English Language Acquisition under the Biden administration, criticized the Education Department for not providing more capacity and resources to ensure everyone speaks English.
These changes could impact around five million school-aged English learners. The Education Department has not provided any comment regarding the situation, and the search results do not provide information about the name of the person currently leading the English Language Acquisition program. The implications of these changes on the education system and the affected students remain to be seen.
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