Waived English Learners: The Understudied Intersection of English Learner and Special Education Status

Abstract

Under federal law, parents have the right to decline, or waive, English language support services when their child is identified as an English learner (EL) in school. In this study, we focus on this important subgroup of ELs—referred to as waived ELs—at the understudied intersection of EL status and special education (SPED) status. Using longitudinal statewide Tennessee data from 2010 to 2021, we used discrete-time hazard modeling to explore ELs’ representation in SPED services by their English language service waiver status (i.e., ever-waived EL vs. never-waived EL). Results revealed that ELs’ likelihood of placement into SPED services, and specifically for specific learning disability and speech-language impairment, varied by their English language service waiver status. We describe similarities and differences in the timing and likelihood of placement trends and discuss implications for practice and policy.