Section 511IAC7-32-59. "Limited English proficient" defined

   "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.

(Indiana State Board of Education; 511 IAC 7-32-59; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA; readopted filed Nov 6, 2014, 3:23 p.m.: 20141203-IR-511140382RFA)