Eroding Equity: Administrative Rescissions Undermine Minoritized Students’ Equal Access

In August 2025, the U.S. Department of Education rescinded a 2015 guidance document outlining school districts’ obligations toward English learner (EL) students because it no longer reflected the administration’s direction. The action is reminiscent of 2017, when ED rescinded guidance protecting transgender students under Title IX due to insufficient legal analysis and procedural concerns. Both actions reflect an ideological rejection of the foundational rationale for supporting minoritized students as a federal civil rights concern. In this commentary, we highlight concerns that these rescissions, alongside politicized environments around EL education and gender identity, may be interpreted by some districts as permission to deprioritize educational opportunities and resist implementing necessary supports. We emphasize that although federal changes may undermine the law’s interpretation in practice, they do not curtail individual rights guaranteed by the letter of the law. We advance practical recommendations for states and school districts to continue to fulfill their legal obligations to EL and transgender students.