1. (a) In this chapter, unless the context requires otherwise,

   1. (1) "district" or "school district" means a city and borough school district or regional educational attendance area;

   2. (2) "English learner" means an individual

      1. (A) who is between 3 and 21 years old;
      2. (B) who is enrolled or preparing to enroll in an elementary school or secondary school;

      3. (C) who falls into one or more of the following categories of individuals:

         1. (i) an individual not born in the United States or whose native language is a language other than English;
         2. (ii) a Native American, Alaska Native, or native resident of the outlying areas, 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
         3. (iii) an individual 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;

      4. (D) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual the

         1. (i) ability to obtain an achievement level that meets standards, as described in 4 AAC 06.739, on the state assessments in English language arts, mathematics, and science under 4 AAC 06.737;
         2. (ii) ability to successfully achieve in classrooms where the language of instruction is English; or
         3. (iii) opportunity to participate fully in society;
   3. (3) "school that is attended by at least eight English learners" means any school, elementary, middle, or any combination secondary school with eight or more English learners in regular daily attendance;
   4. (4) "Alaska Native" has the meaning given in 4 AAC 06.899;
   5. (5) "Native American" has the meaning given in 20 U.S.C. 7801(34) (Elementary and Secondary Education Act), which is adopted by reference;
   6. (6) "outlying area" has the meaning given in 20 U.S.C. 7801(36) (Elementary and Secondary Education Act), which is adopted by reference.
2. (b) In AS 14.30.410 and this chapter, "department" means the department of education and early development.
3. (c) In AS 14.30.400, "bilingual-bicultural education program" means a program of instruction in elementary or secondary education that is designed for English learners.

(Eff. 12/29/76, Register 60; am 5/4/2000, Register 154; am 11/23/2003, Register 168; am 6/30/2013, Register 206; am 4/6/2016, Register 218; am 10/20/2018, Register 228; am 12/23/2021, Register 240)

Authority: AS 14.03.123, AS 14.07.060, AS 14.50.080, AS 14.07.020, AS 14.30.410