Who is an English Learner?

The term "English learner", when used with respect to an individual, means an individual-

who is aged 3 through 21;

AND

who is enrolled or preparing to enroll in an elementary or secondary school;

AND

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;

AND

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