• Child Eligibility

    Definitions
    ENGLISH LEARNER. —The term ‘‘English learner’’, 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 challenging State academic standards;
    (ii) the ability to successfully achieve in classrooms where the language of instruction is English; or
    (iii) the opportunity to participate fully in society.

    ESEA, Section 8101(20)


    IMMIGRANT CHILDREN AND YOUTH.—The term ‘‘immigrant children and youth’’ means individuals who—
    (A) are aged 3 through 21;
    (B) were not born in any State; and
    (C) have not been attending one or more schools in any one or more States for more than 3 full
    academic years.

    ESEA, Section 3201(5)