Authority: IC 20-19-2-8; IC 20-19-2-16

Affected: IC 20-19-2; IC 20-35

Sec. 59. "Limited English proficient" means an individual:

1. (1) who is three (3) years of age through twenty-one (21) years of age;
2. (2) who is enrolled or preparing to enroll in an elementary school or secondary school;

3. (3) who:

   1. (A) was not born in the United States or whose native language is a language other than English;

   2. (B) is:

      1. (i) a Native American or Alaska native, or a native resident of the outlying areas; and
      2. (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
   3. (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. (4) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual:

   1. (A) the ability to meet Indiana's proficient level of achievement on state assessments;
   2. (B) the ability to successfully achieve in classrooms where the language of instruction is English; or
   3. (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; readopted filed Dec 1, 2020, 1:48 p.m.: 20201230-IR-511200548RFA)