(b) The term, when used with respect to an individual, means an individual:

1. (1) Who is aged three (3) through twenty-one (21);
2. (2) Who is enrolled or preparing to reenroll in an elementary school or secondary school;
3. (3) Who was not born in the United States or whose native language is a language other than English;
4. (4) Who is a Native American or Alaska Native, or a native resident of the outlying areas; and
5. (5) 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
6. (6) 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

7. (7) Whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual the:

   1. (A) Ability to meet the state’s proficient level of achievement on state assessments;
   2. (B) Ability to successfully achieve in classrooms where the language of instruction is English; or
   3. (C) Opportunity to participate fully in society.