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.

1. The individual is aged 3 through 21;
2. The individual is enrolled or preparing to enroll in an elementary school or secondary school;
3. The individual was not born in the U.S. or whose native language is a language other than English; or
   1. The individual is a Native American or Alaska Native, or a native resident of the outlying areas; and
   2. 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
   3. 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
4. An individual whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual
   1. the ability to meet the state’s proficient level of achievement on state assessments;
   2. the ability to successfully achieve in classrooms where the language of instruction is English;
   3. the opportunity to participate fully in society.