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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.