511 IAC 7-32-59 "Limited English proficient" defined

Sec. 59. "Limited English proficient" means an individual: (1) who is three (3) years of age through twenty-one (21) years of age; (2) who is enrolled or preparing to enroll in an elementary school or secondary school; (3) who: (A) was not born in the United States or whose native language is a language other than English; (B) is: (i) a Native American or Alaska native, or a native resident of the outlying areas; and (ii) from an environment where a language other than English has had a significant impact on the individual's level of English language proficiency; or (C) 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: (A) the ability to meet Indiana's proficient level of achievement on state assessments; (B) the ability to successfully achieve in classrooms where the language of instruction is English; or (C) the opportunity to participate fully in society.