Federal Definitions

  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: (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.

Federal Definition of a Limited English Proficient Student.  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.