English Learners (EL) Handbook » Definition of English Learners (ELs)

Definition of English Learners (ELs)

The Every Student Succeeds Act (ESSA) Definition of an "English Learner" Student
The term “English learner,” when used with respect to an individual, means an individual:
(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;
(ii)(I) who is a Native American or Alaska Native, or a native resident of the 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 in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual —
(i) the ability to meet the challenging State academic standards;
(ii) the ability to successfully achieve in classrooms where the language of
instruction is English; or
(iii) the opportunity to participate fully in society. (ESEA Section
8101(20))
To be classified as EL, an individual must meet the criteria of A, B, C and D in the definition above. To meet the criteria for C, an individual can meet the criteria of any of i, ii or iii. If the criterion to meet C is ii, then the individual must meet the criteria of both I and II. To meet the criteria for D, an individual must be denied one of the three listed (i or ii or iii).
Immigrant Student Definition
● The term "immigrant children and youth," which is defined in section 3201(5) of Title III, refers to individuals who:
A. are aged 3 through 21;
B. were not born in any State; and
C. have not been attending one or more schools in any one or more States for more than 3 full academic years.
Foreign Exchange Students
● Foreign exchange students offer a rich opportunity to Michigan’s Local Educational Agencies (LEAs), allowing students from diverse cultural backgrounds to interact and learn from each other. For purposes of reporting, foreign exchange students meet the definition of immigrant and should be included in the district’s reporting of Immigrant students.
Immigrant Identification
● Foreign exchange students are considered Immigrant students and should be identified as such in the Michigan Student Data System (MSDS).
● Funds for Immigrant students will be included in the following year’s allocation.
● Students from Puerto Rico are not classified as Immigrant students.