Federal Definition of an Immigrant Student
The term "immigrant children and youth," which is defined in section 3301(6) 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.
Federal Definition of a Limited English Proficient Student
The term 'limited English 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;
(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.TITLE III—LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT AND IMMIGRANT STUDENTS
Frequently Asked Questions
All students complete a home language survey upon initial entry into the school system. If a language other than English is the answer to any question on the survey the student is identified as Non-English Language Background (NELB) and his/her language proficiency is assessed. Students who test less than proficient in English are identified as English Language Learners (ELL) and qualify for ESL program services.
Yes. Students must be assessed in all four domains of language – speaking, listening, reading and writing. Students who can communicate in English may not read or write in English at the level needed for success in school.
No. Once a student has been assessed and qualifies for the ESL program, a parent or guardian may choose to waive program services by signing a waiver form. One copy of the form is placed in the student’s permanent folder and another in the ESL office files.
No. A waiver only removes the ELL student from ESL program instruction. All state and federal testing requirements for ELL students remain in place.
Students will need a birth certificate or other proof of birth date such as a passport or I-94. They will also need a Tennessee immunization record and proof of where they are residing with their parent or legal guardian in Wilson County.
Unless the student qualifies as “student in transition”, it is necessary for the student to live with a parent or legal guardian to enroll in school. Legal guardianship can only be transferred through the juvenile court system. A power of attorney signed by the parent does not give an individual legal custody of a child.
Can an 18 year old who did not finish school in his/her home country attend school in Wilson County?
A student who is 18 years old is considered an adult. Any new 18-year-old student who has not been enrolled in an American high school will be referred to Adult Education (443-7199).