WAC 392-172A-01062. English learner

English learner has the meaning given the term in 20 U.S.C. Section 7801(20). The term "English learner," when used with respect to an individual, means an individual: (1) Who is aged three through twenty-one; (2) Who is enrolled or preparing to enroll in an elementary school or secondary school; (3)(a) Who was not born in the United States or whose native language is a language other than English; (b)(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 (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 the challenging state academic standards; (b) The ability to successfully achieve in classrooms where the language of instruction is English; or (c) The opportunity to participate fully in society.