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English Learners (ELs) are the fastest growing population of students in the US (National Center for Education Statistics, 2013) and are predicted to be nearly one-fourth by 2025 (National Education Association, 2008). However, despite their growing numbers, EL representation in gifted and talented (GT) identification and programming continues to lag behind all other types of learners (Callahan, 2005), including other underserved populations (Matthews, 2014). This raises an important challenge for equity since it is established that GT learners are present in every population of students (Davis, Rimm, and Siegle, 2010). This paper examines how critical discourse analysis of one state’s law, definition, and policy, district guidelines and district reports can foster conversation on the factors affecting this issue.