Individual Of Limited English Proficiency Law and Legal Definition

Pursuant to 20 USCS § 9202 (10), [Title 20. Education; Chapter 73. Adult Education And Literacy; Adult Education And Family Literacy] the term individual of limited English proficiency means “an adult or out-of-school youth who has limited ability in speaking, reading, writing, or understanding the English language, and--

(A) whose native language is a language other than English; or

(B) who lives in a family or community environment where a language other than English is the dominant language.”

According to 34 CFR 460.4 [Title 34 – Education; Subtitle B -- Regulations of the Offices of the Department of Education; Chapter IV -- Office of Vocational and Adult Education, Department of Education; Part 460 -- Adult Education -- General Provisions], the term adults with Limited English proficiency, persons with limited English proficiency, individuals of limited English proficiency, and limited English proficient adults mean “individuals who--

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

(2) Come from environments where a language other than English is dominant; or

(3) Are American Indian or Alaska Natives and who come from environments where a language other than English has had a significant impact on their level of English language proficiency; and

(4) Who, by reason thereof, have sufficient difficulty speaking, reading, writing, or understanding the English language to deny these individuals the opportunity to learn successfully in classrooms where the language of instruction is English or to participate fully in our society.

(Authority: 20 U.S.C. 3283(a)(1))