This article provides an overview of the legal framework for heritage language education in the federal state of Hesse, with a special focus on the particularities that may arise with regard to accommodating the linguistic needs of persons with a migratory background, especially of those who wish to learn a non-official language or a language that is considered to be a minority language in their country of origin. The analysis indicates that current legislation does not adequately address the situation of these students. Drawing on good practices identified, e.g. by the Council of Europe's Advisory Committee on the Framework Convention for the Protection of National Minorities, it will be discussed which aspects could be considered (de lege ferenda) to design such educational programs in a meaningful way.While not questioning the central importance of acquiring a sound knowl-edge of the language of instruction, this article argues that students whoself-identify as members of certain minority groups and who wish to learntheir heritage language, should, under certain circumstances, be given theopportunity to develop this part of their distinct identities, regardless ofthe formal status of that language.