Definition of Limited English Proficient (LEP)
Students An LEP student in the Commonwealth of Virginia is classified according to the federal government definition as described in Public Law 107-110, the No Child Left Behind Act of 2001.
An LEP student is classified as one:
(A.) who is aged 3 through 21;
(B.) who is enrolled or preparing to enroll in an elementary school or secondary school;
(C.) (i.) who was not born in the United States or whose native language is a language other than English; and who comes from an environment where a language other than English is dominant OR
(ii.) (I.) who is a Native American or Alaska Native, or a native resident of outlying areas; and (II.) 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
(iii.) 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
(D.) whose difficulties speaking, reading, writing, or understanding the English language may be sufficient to deny the individual -
(i.) the ability to meet the State's proficient level of achievement on State assessments described in section 1111(b)(3);
(ii.) the ability to achieve successfully in classrooms where the language of instruction is English; or
(iii.) the opportunity to participate fully in society. [P.L. 107-110, Title IX, Part A, Sec. 9101, (25)]
Definition of Refugee Students
The refugee student is an individual who is outside his/her country and is unable or unwilling to return to that country because of a well-founded fear that she/he will be persecuted because of race, religion, nationality, political opinion, or membership in a particular social group.
This does not include persons displaced by natural disasters or persons who although displaced have not crossed an international border or persons commonly known as "economic migrants", whose primarily reason for flight has been a desire for personal betterment rather than persecution
Definition of Immigrant Student Eligible
"Immigrant children and youth" include those individuals who are aged 3 through 21, who were not born in the United States and who have not been attending one or more schools in any one or more states for more than three full academic years. Report the total of immigrant students in the division.
Definition of Migrant Student
A "migrant student" is defined as a student who is, or whose parent/guardian is, a migratory fisher, dairy worker, or agricultural worker, AND who in the preceding 36 months has moved from one school district to another in order for the worker to obtain temporary or seasonal employment in agricultural or fishing work. (See the federal definition of "migratory child" as contained in the No Child Left Behind Act of 2001 Title I sec.1309 (2) for a more complete version of this definition.)"
