Definitions: Limited English Proficient and Immigrant

Limited English Proficient and Immigrant

Title IX – General Provisions
Part A - Definitions
Sec. 9101. Definitions

Limited English Proficient — The term ‘limited English proficient’, when used with respect to an individual, means an individual—
(A) who is aged 3 through 21;
(B) who is enrolled or preparing to enroll in an elementary school or secondary
school;
(C)(i) who was not born in the United States or whose native language is a language
other than English;
(ii)(I) who is a Native American or Alaska Native, or a native resident of the
outlying areas;
and
(II) who comes from an environment where a language other than English has
had a significant impact on the individual’s level of English language
proficiency; or
(iii) who is migratory, whose native language is a language other than English,
and who comes from an environment where a language other than English is
dominant; and
(D) whose difficulties in speaking, reading, writing, or understanding the English
language may be sufficient to deny the individual—
(i) the ability to meet the State’s proficient level of achievement on State
assessments described in section 1111(b)(3);
(ii) the ability to successfully achieve in classrooms where the language of
instruction is English; or
(iii) the opportunity to participate fully in society.

Title III – Language Instruction for Limited English Proficient and Immigrant Students
Part C – General Provisions
Sec. 3301. Definitions

Immigrant Children and Youth — The term ‘immigrant children and youth’ means individuals who—
(A) are aged 3 through 21;
(B) were not born in any State; and
(C) have not been attending one or more schools in any one or more States for more
than 3 full academic years.