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Restrictive educational and language policies impact the education of emergent bilinguals attending bilingual schools, even in highly diverse communities. However, students still shape language policies within these restrictive contexts. Based on a study in South Florida, I explore the language policy making process of bilingual fifth grade students and their teachers in a bilingual elementary school program. I argue that students are language policy makers, and that their language practices play a crucial role in their making of language policy and the appropriation of language policy by teachers. The language policy process is therefore an iterative process between teachers and students, instead of top-down from educators to students. Teachers can then use student language policy creation to improve educational equity.