The Trump administration is abandoning a slew of guidance documents, resources for districts, and civil rights enforcement approaches meant to make education more accessible for English learners, Black and other marginalized students, according to an update scheduled to be published in the Federal Register Oct. 23.
The U.S. Departments of Education and Justice said seven total documents issued by the two agencies between 2015 and 2023 are "not enforceable" under various federal civil rights laws related to race, disability and other protections. Some of them were already previously quietly rescinded by the administration.
"The Departments will not rely upon these guidance documents in their enforcement of federal civil rights laws, including Titles IV and VI of the Civil Rights Act of 1964," the notice said.
In one overturned document from 2015, which was also rescinded in 2025, the federal government sought to ensure that "school districts are equipped with the tools and resources to meet their responsibilities" for English learner students.
"It is crucial to the future of our nation that these students, and all students, have equal access to a high-quality education and the opportunity to achieve their full academic potential," said the Obama administration-era guidance.
It included requirements for states and districts to help families and students overcome language barriers, sufficiently staff programs supporting English learners, and assist districts in identifying and assessing English learner students in a timely manner and provide them with assistance.
The guidance required districts to enroll all students regardless of their parents' perceived or actual immigration status, to protect students from harassment based on their identity, and to allow students to speak their primary language during the school day, among other things.
Other race-related documents targeted
The federal government is also walking back other guidance documents for districts and enforcement approaches meant to make education equitable for marginalized students, such as those issued in the wake of the 2023 U.S. Supreme Court decision Students for Fair Admissions, Inc. v. Harvard College and University of North Carolina.
The landmark decision overturned race-conscious admissions in higher education, and advocates said the ruling would impact K-12 trends such as practices for magnet school admissions, scholarship opportunities for high school students, teacher pipelines, and overall higher education opportunities for students of color.
In an effort to address those and other concerns, the Education Department and DOJ in August 2023 released a Dear Colleague letter, saying, "The Departments also reaffirm our commitment to ensuring that educational institutions remain open to all, regardless of race."
"To that end, it is important that students — particularly those who are underrepresented — feel a sense of belonging and support once on campus," the Biden administration’s accompanying guidance said.
An accompanying guidance encouraged colleges to still continue targeted outreach with the intention of maintaining a diverse student applicant pool and provide pathway programs, such as through high school career and technical education programs.
"Students should feel comfortable presenting their whole selves when applying to college, without fear of stereotyping, bias, or discrimination," the overturned guidance said. "And information about an individual student’s perseverance, especially when faced with adversity or disadvantage, can be a powerful measure of that student’s potential."
The Trump administration also abandoned documents issued following the height of the COVID-19 pandemic meant to address race-based discrimination in school discipline and school climate.
For example, one of the two documents included guidance for districts to prevent harassment of Asian American and Pacific Islander communities in schools, which spread to classrooms when broader harassment of these communities proliferated nationwide. The second document was issued as schools reopened, reminding districts that they should address behavioral or other needs of students instead of disciplining certain racial subgroups more harshly.
Supreme Court case triggers reviews
Trump’s Justice and Education Departments said that the guidance documents were under scrutiny in wake of Loper Bright Enterprises v. Raimondo. The 2024 Supreme Court decision overturned the Chevron doctrine, which was, up until then, a 40-year old precedent that gave federal agencies wide powers to interpret and apply congressional statutes.
The decision was expected to bring sweeping consequences for how the Education Department approached civil rights enforcement, including bringing regulations and interpretations under scrutiny.
"Each of the guidance documents was issued prior to the Supreme Court’s decision in Loper Bright, which held that agency interpretations must be consistent with the 'single, best meaning' of the statute authorizing them," the departments said in their October notice walking back the documents.
The decisions come amid a broader push from the second Trump administration to change school support and federal civil rights enforcement approaches for Black and English learner students, among other historically marginalized student groups.
In July, the Education Department rescinded disparate impact regulations, a legal theory that was used for years to investigate districts with policies and practices that were neutral on their face but harmed Black or other historically marginalized student groups in practice. It was used to address unintentional discrimination or bias, such as in student discipline practices.
The Trump administration has also repeatedly sought to decrease access to educational services for English learner students.
This year, the Education Department shuttered its Office of English Language Acquisition, the federal agency’s only arm dedicated to ensuring that English learners and immigrant students gained English proficiency.
In its regulations proposed in August for Head Start programs, the administration would mandate that instruction be only in English, in addition to recommending significant reductions to federal government guardrails for the early childhood centers.
