The term "English learner", when used with respect to an individual, means an individual-
who is aged 3 through 21;
who is enrolled or preparing to enroll in an elementary or secondary school;
A. who was not born in the U.S. or whose native language is a language other than English; OR
B. who is a Native American or Alaska Native, or a native resident of the outlying areas* and 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;
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 standards; OR
B. the ability to successfully achieve in classrooms where the language of instruction is English; OR
C. the opportunity to participate fully in society.
*The outlying areas include-
the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
Taken from: Office of the Law Revision Counsel
United States Code
Title 20-Education,
Chapter 70-Srengthening and improvement of elementary and secondary schools,
Subchapter III-Language instruction for English learners and immigrant students,
Subpart 4-defintions