What does this mean for Local Public Agencies (LPAs) receiving Federal Highway Administration (FHWA) funds through the Caltrans Division of Local Assistance (DLA)?
Executive Order (EO) 13166, “Improving Access to Services for Persons with Limited English Proficiency,” was officially rescinded by President Trump with the issuance of EO 14224, which designates English as the official language, but does not eliminate Title VI protections. EO 13166 has been referenced in agreements and guidance documents such as the Local Assistance Procedures Manual (LAPM). Even though EO 14224 rescinded EO 13166, Title VI of the Civil Rights Act of 1964 remains in full effect. This means:
• Title VI prohibits language-based national origin discrimination.
• LPAs must continue to provide meaningful access to programs, services, and activities for Limited English Proficiency (LEP) individuals.
• US Department of Justice (DOJ) guidance and court interpretations reinforce this requirement. If LPAs receive federal funding, LPAs are still obligated to ensure LEP access under Title VI.
What does the change mean for LPAs’ policies?
Even though EO 13166 is no longer in effect, many LPAs have policies referencing it. LPAs should:
• Review and revise language access plans and civil rights policies.
• Replace references to EO 13166 with Title VI obligations.
• Ensure policies reflect current legal standards, not just past executive guidance.
Should LPAs continue to provide LEP services?
Yes. EO 14224 does not prohibit translation or interpretation services. It merely removes the federal executive mandate to provide them. So, an LPA can and should:
• Continue translating key documents.
• Provide interpreters as needed.
• Assess local LEP populations and service needs using the four-factor analysis from the DOJ’s guidance.
What does this mean for agreements between Caltrans and LPAs?
The rescission of the EO 13166 does not alter the terms of existing agreements, such as Federal Master Agreements and Program Supplemental Agreements (PSAs), including covenants. The EO 13166 language will continue to appear in existing agreements as an informational item only. This means that while the EO is no longer enforceable as a federal executive mandate, the text will remain within the agreements for reference.
Why is the language still there?
The decision to keep the language of the rescinded executive order in PSAs (including covenants) is a matter of record and consistency. Since many PSAs (including covenants) were drafted when the order was active, removing or modifying the text in each document would be a significant undertaking. By keeping the language, agencies can maintain consistency across PSAs (including covenants) without implying that the order’s requirements are still in effect.
Moving Forward:
LPAs must communicate clearly with the public (and employees) to know that the LPA has language access services available and that these services fall under Title VI obligations, not because of EO 13166. As a best practice, LPAs may issue internal or external FAQs to clarify this. Since LPAs may receive federal-aid funds:
• Consult with Caltrans District Local Assistance staff for guidance.
• Work with LPA legal counsel or Title VI coordinators to ensure legal alignment.
For any questions or further clarification, please reach out to your program officer or legal advisor. Please visit the Caltrans DLA Title VI webpage for resources.
Link to the EO 14224 from March 1st, 2025, rescinding EO 13166.
For questions or comments on the rescission of EO 13166, please contact Loi Tran, Local Title VI Coordinator, Caltrans DLA.