Prior research has documented substantial inequity across, racial, ethnic, and socioeconomic lines within the population of students identified as gifted. Less attention has paid to the equity of gifted identification for student learning English or those with disabilities and what effect state policies toward gifted education might have on these rates. This paper attempted to fill that void by analyzing data from the Office of Civil Rights Data Collection and Stanford Education Data Archive along with original coding of state gifted education policies. Our findings show that while both groups are substantially underrepresented, state mandates for schools to offer services, requirements for formal gifted education plans, and regular audits for compliance are correlated with much higher rates of gifted service availability and equity for English learners and students with disabilities. We also describe the location and characteristics of the top 5% most equitable schools for English learners and students with disabilities.