WAIVING ENGLISH LEARNER SERVICES - WHO DOES IT AND WHY? - STATE POLICY FORCES AND STRUCTURAL FACTORS IN OREGON, TEXAS, AND MICHIGAN

Oct 15, 2026

Waiving English Learner (EL) services allows families to opt out of specialized English language supports and related instruction, while students remain classified as ELs and still take annual English proficiency exams. The brief analyzes how often waiving occurs in high school across Oregon, Texas, and Michigan, tracking cohorts of first-time 9th graders. Findings show much higher waiver prevalence in Oregon, with state policy structures and schedule incentives shaping variation, alongside student subgroup patterns, including special education status and long-term EL designation.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages2

Reading Time5 min

AccessFree to download

What Does It Mean to Waive English Learner (EL) Services?

Why Study Waiving?

What Does This Brief Explore?

Rates of Waiving EL Services Differ by State and Grade

State Policies May Explain Variation in the Prevalence of Waiving

Who waives? Patterns and structural factors

JANUARY 2026 | WAIVING ENGLISH LEARNER SERVICES: WHO DOES IT AND WHY? | | --- | | STATE POLICY FORCES AND STRUCTURAL FACTORS IN OREGON , TEXAS, AND MICHIGAN | What Does It Mean to Waive English Learner (EL) Services? Federal law gives students and families the right to waive EL services. Waiving EL services entails opting out of specialized English language supportsand specialized instruction. In some states , this means no longer being enrolled in a separate English Language Development (ELD) class , while in other states , it may mean waiving extra language support provided in regular classrooms. Students who waive services are still formally classified as ELs and still take an annual English proficiency exam. Why Study Waiving? Waiving EL services may influence students’ course schedules , which may , in turn , shape their academic paths. For instance , waiving EL services could restrict students’ access to opportunities to learn English. On the other hand , not taking ELD courses may create more flexibility in scheduling , allowing students to enroll in other classes , some of which may be required for graduation. What Does This Brief Explore? This brief analyzes the prevalence of waiving EL services in Oregon , Texas , and Michigan. We focus on high school , where waiving was most common. We also explore characteristics of students who waived EL services. We follow cohorts of first-time 9th graders throughout their time in high school , observing whether they waived services in each year. In Oregon , data includes cohorts of students who entered 9th grade in 2013/14 , 2014/15 , and 2015/16 . In Texas , data includes the 2015/16 9th grade cohort , and in Michigan , data includea the 2011/12 9th grade cohort. Figure 1. More students waived EL services in Oregon than inTexas and Michigan Data: Oregon Department of Education, 2013/14-2018/19, Texas Department of Education 2015/16-2018/19, and Michigan Department of Education, 2011/12-2014/15 Rates of Waiving EL Services Differ by State and Grade As Figure 1 shows , high school students in Oregon , Texas , and Michigan waived EL services at different rates , with Oregon showing a much higher prevalence of waiving. Averaging across the high school years , 2. 1% of EL-classified students in Michigan and 4.7% in Texas waived services , compared to 14.3% in Oregon. Waiver rates also changed by grade level , especially in Oregon. In 9th grade , 9.3% of EL students in Oregon waived services , but this percentage grew significantly each year , reaching 26.3% by students’ fourth year of high school. In contrast , waiver rates in Michigan and Texas remained relatively stable across high school grades. State Policies May Explain Variation in the Prevalence of Waiving In Oregon , at the time of this study , EL services at the high school level typically included standalone ELD courses , and these courses counted as electives rather than core content needed for graduation. Since ELD courses were not required for graduation , some high school students—especially those nearing graduation—may have waived EL services to make room for required classes. In contrast , in Texas , ELD courses did , at times , count toward graduation credits , potentially decreasing any incentive to opt out. Finally , in Michigan , many students did not take separate ELD courses. Instead , federally-required English language instruction was often provided within general education classes through pull-out support. Because EL services typically did not take up an extra class period in Texas and Michigan , waiving these services may not have significantly altered students’ schedules , thus potentially limiting the perceived benefit of waiving This analysis was conducted by Dr. Karen D. Thompson (Oregon State University) , Janette Avelar (University of Oregon [UO]) , Dr. Coleen Carlson (University of Houston [UH]) , Dr. Paulina Kulesz (UH) , Dr. Kristin Black (New York University [NYU]) ,

FAQs

What does it mean to waive English Learner (EL) services?

Waiving EL services means opting out of specialized English language supports and instruction. Students remain formally classified as ELs and continue taking an annual English proficiency exam.

Why might students choose to waive EL services?

Waiving can affect course schedules, potentially reducing access to learning opportunities or, conversely, creating scheduling flexibility to enroll in other classes, including ones required for graduation.

How do waiver rates differ across Oregon, Texas, and Michigan?

High school waiver rates are much higher in Oregon than in Texas and Michigan. In Oregon, rates increase notably by grade, reaching 26.3% by students’ fourth year of high school, while Texas and Michigan remain comparatively stable.

Oct 15, 2026

Uploaded by Quinn Holloway