Federal Definition of a Limited English Proficient Student

Federal Definition of a Limited English Proficient Student

The term 'limited English proficient', when used with respect to an individual, means an individual—

1. who is aged 3 through 21;
2. who is enrolled or preparing to enroll in an elementary school or secondary school;
3. who was not born in the United States or whose native language is a language other than English;
   • who is a Native American or Alaska Native, or a native resident of the outlying areas; and
   • 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
   • 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
4. whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual—
   • the ability to meet the State's proficient level of achievement on State assessments described in section 1111(b)(3);
   • the ability to successfully achieve in classrooms where the language of instruction is English; or
   • the opportunity to participate fully in society.