Page:United States Statutes at Large Volume 115 Part 2.djvu/977

 PUBLIC LAW 107-llO^JAN. 8, 2002 115 STAT. 1961 "(24) INSTITUTION OF HIGHER EDUCATION. —The term 'institution of higher education' has the meaning given that term in section 101(a) of the Higher Education Act of 1965. "(25) LIMITED ENGLISH PROFICIENT. —The term limited Enghsh proficient', 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 State's proficient level of achievement on State assessments described in section 1111(b)(3); "(ii) the ability to successfully achieve in classrooms where the language of instruction is English; or "(iii) the opportunity to participate fully in society. " (26) LOCAL EDUCATIONAL AGENCY. — "(A) IN GENERAL.— The term 'local educational agency' means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary schools or secondary schools in a city, county, township, school district, or other political subdivision of a State, or of or for a combination of school districts or counties that is recognized in a State as an administrative agency for its public elementary schools or secondary schools. "(B) ADMINISTRATIVE CONTROL AND DIRECTION.— The term includes any other public institution or agency having administrative control and direction of a public elementary school or secondary school. "(C) BIA SCHOOLS.— The term includes an elementary school or secondary school funded by the Bureau of Indian Affairs but only to the extent that including the school makes the school eligible for programs for which specific eligibility is not provided to the school in another provision of law and the school does not have a student population that is smaller than the student population of the local educational agency receiving assistance under this Act with the smallest student population, except that the school shall not be subject to the jurisdiction of any State educational agency other than the Bureau of Indian Affairs.

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