Page:United States Statutes at Large Volume 108 Part 5.djvu/257

 PUBLIC LAW 103-382—OCT. 20, 1994 108 STAT. 3747 "(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 three full academic years. " (8) LIMITED ENGLISH PROFICIENCY AND LIMITED ENGLISH PROFICIENT. —The terms 'limited English proficiency* and 'limited English proficient', when used with reference to an individual, mean an individual— "(A) who— "(i) was not born in the United States or whose native language is a language other than English and comes from an environment where a language other than English is dominant; or "(ii) is a Native American or Alaska Native or who is a native resident of the outlying areas and comes from an environment where a language other than English has had a significant impact on such individual's level of English language proficiency; or "(iii) is migratory and whose native language is t other than English and comes from an environment where a language other than English is dominant; and "(B) who has sufficient difficulty speaking, reading, writing, or understanding the English language and whose difficulties may deny such individual the opportunity to learn successfully in classrooms where the language of instruction is English or to participate fully in our society. "(9) NATIVE AMERICAN AND NATIVE AMERICAN LANGUAGE. — The terms 'Native American' and 'Native American language' shall have the same meaning given such terms in section 103 of the Native American Languages Act of 1990. " (10) NATIVE HAWAIIAN OR NATIVE AMERICAN PACIFIC ISLANDER NATIVE LANGUAGE EDUCATIONAL ORGANIZATION. — The term 'Native Hawaiian or Native American Pacific Islander native language educational organization' means a nonprofit organization with a majority of its governing board and employ- ees consisting of fluent speakers of the traditioned Native American languages used in their educational programs and with not less than five years successful experience in providing educational services in traditional Native American languages. "(11) NATIVE LANGUAGE.—The term 'native language', when used with reference to an individual of limited-English proficiency, means the language normally used by such individual, or in the case of a child or youth, the language normally used by the parents of the child or youth. "(12) OFFICE.— The term 'Office' means the Office of Bilingual Education and Minority Languages Affairs. " (13) OTHER PROGRAMS FOR PERSONS OF LIMITED-ENGLISH PROFICIENCY. —The term 'other programs for persons of limited- English proficiency means any programs administered by the Secretary that serve persons of limited-English proficiency. " (14) PARAPROFESSIONAL.— The term 'paraprofessional' means an individual who is employed in preschool, elementary or secondary school under the supervision of a certified or licensed teacher, including individuals employed in bilingual education, special education and migrant education. 79-194 0—95—9: QL 3 Part 5

�