Students must meet all four conditions of the federal definition of Non-English Proficient/ Limited English Proficient (NEP/LEP) as it is written in The No Child Left Behind (NCLB) of 2001 in order to qualify as LEP.
- The individual is aged 3 through 21;
- The individual is enrolled or preparing to enroll in an elementary school or secondary school;
The individual was not born in the U.S. or whose native language is a language other than English; or
- The individual is a Native American or Alaska Native, or a native resident of the outlying areas; and
- The individual comes from an environment where a language other than English has had a significant impact on the individual’s English language proficiency; or
- The individual is migratory, his/her native language is a language other than English, & he/she comes from an environment where a language other than English is dominant; and
An individual whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual
- the ability to meet the state’s proficient level of achievement on state assessments;
- the ability to successfully achieve in classrooms where the language of instruction is English;
- the opportunity to participate fully in society.