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Through the findings of an ethnographic case study, this presentation will explore one charter elementary school’s de facto policy for English learners (ELs) with disabilities—“special education trumps ESL”. The analysis of the data revealed that this policy manifested in the service delivery practices through the following: 1) class rosters, 2) personnel resources, 3) substitution of ESL, and 4) educators’ deficit views of ELs’ linguistic skills. As a consequence, special education services were vigorously preserved for ELs with disabilities, whereas second language (L2) instruction was not provided. The findings illuminate the ethical dilemmas of this policy, as ELs with disabilities and their learning needs were not viewed holistically and cornerstone EL educational law was violated.