Limited English Proficient (LEP)

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.  TITLE III -- Language Instruction for Limited English

                      Proficient and Immigrant Students