Federal Definition of an Immigrant Student

The term “immigrant children and youth,” which is defined in section 3301(6) of Title III, refers to individuals who:

  • are aged 3 through 21
  • were not born in any State
  • have not been attending one or more schools in any one or more States for more than 3 full academic years.

Federal Definition of a Limited English Proficient Student

The term ‘limited English proficient’, when used with respect to an individual, means an individual:

  • who is aged 3 through 21
  • who is enrolled or preparing to enroll in an elementary school or secondary school
  • 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
  • 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.