Equity and State Immigrant Inclusivity: English Learner Education in ESSA

With the 2015 passage of the "Every Student Succeeds Act" (ESSA), the oversight of language policy in U.S. schools shifted from federal to state governance. Although the education of students officially designated as English learners (ELs) has historically been grounded in federal law, we argue that ELs' educational experiences are also largely influenced by societal attitudes toward immigrants and immigration. Using a critical policy analysis (CPA) approach, we examine how 12 states' immigrant policy contexts are associated with the EL educational policies articulated in their ESSA implementation plans. We find that states' demographic and immigrant policy contexts combine to produce four distinct approaches toward EL education, from departing to approaching equity.