Definition of Limited English Proficient

Definition Of 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.