Have You Heard? There Are Changes To English Learner Rules and NIBRS Definitions

The start of a new school year often brings a fresh wave of regulatory changes and policy shifts. This week, we are exploring two developments that deserve your attention:

• The Department of Education (ED) has quietly made a significant move regarding the guidance for teaching English Learners.
• The FBI revised the NIBRS offense classifications which may impact Title IX and Clery Compliance.

Both of these changes bring practical challenges that require clear communication, thoughtful updates to policies, and training for your teams.

English Learner Guidance Removal

The ED recently removed long-standing guidance for teaching English Learners without issuing notice or explanation. Read more here. This previously provided guidance on how schools were expected to identify, serve, and support students whose first language is not English.

The requirement to serve English-language learners in school comes from two federal statutes: Title VI of the Civil Rights Act and 1974 Equal Educational Opportunities Act. These laws remain in place. What has changed is the removal of the 2015 joint DOJ/ED guidance, which had provided detailed direction to schools on how to comply. Its withdrawal signals that OCR may not prioritize enforcement in the same way, even though the legal requirements themselves have not gone away.

What Should You Do?

We recommend that leaders review their current English Learner practices and ensure they are well-documented and tied to civil rights obligations under Title VI. Even without guidance, the obligation to provide access for students with limited English proficiency still stands. This is a moment to strengthen your internal processes rather than loosen them.

Tuesday Takeaway: English Learner guidance may be gone, but the responsibility is not. Clear documentation and strong equity practices remain your best bet at this stage.

NIBRS Definition Updates

Effective June 23, 2025, the FBI revised the NIBRS offense classifications:

• The category of Fondling has been removed.
• It has been replaced with Criminal Sexual Contact, which broadens the Title IX definition of Sexual Assault (previously Sexual Assault- Fondling).

Compliance Implications:

• This may impact Title IX and Clery Act compliance.
• With respect to Clery, the ED has not updated the Clery regulations to match, so reporting requirements are unclear. We are anticipating an update in the near future.
• The ED has not provided guidance on this change with respect to the 2020 Title IX regulations.

Tuesday Takeaway:
Consult with counsel with respect to:

• Replacing “fondling” with the new Criminal Sexual Contact definition in your Title IX policies.
• Clery reporting decisions.

If you are revising policies, planning your Title IX or Title VI training, or simply trying to understand what these shifts mean for your team, we are here to help. Explore our training calendar or connect with our team to talk through how these changes affect your school, district, or institution. Change is constant, but you do not have to navigate it alone.