SECTION 210:15-35-1. Definitions

  The following terms, when used in this subchapter and related State Department of Education materials, shall have the following meanings unless the context clearly indicates otherwise:

"Bilingual" means a student whose Home Language Survey (HLS) indicates that a language other than English is spoken in the student's home, and:

(A)   The HLS indicates that a language other than English is spoken in the home "more often" than English; or

(B)   The HLS indicates that a language other than English is spoken in the home "less often" than English, and one of the following three factors applies:

(i)   The student scores 35% or below on the composite reading score on a norm-referenced test (NRT);

(ii)   The student scores "limited knowledge" or "unsatisfactory" on an Oklahoma Core Curriculum Test (OCCT) in reading; or

(iii)   The student is designated English Language Learner/Limited English Proficient on an Oklahoma English language proficiency test, including the WIDA ACCESS for English Language Learners Test, a WIDA Placement Test (K W-APT, W-APT, or Kindergarten MODEL), or the Oklahoma Pre-K Language Screening Tool.

"English Language Learner" means an individual:

(A)   Who is aged three (3) through twenty-one (21);

(B)   Who is enrolled or preparing to enroll in an elementary school or secondary school;

(C)   Who:

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

(ii)   is a Native American or Alaska Native, and 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)   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; or

(ii)   The ability to successfully achieve in classrooms where the language of instruction is English; or

(iii)   The opportunity to participate fully in society.

"Home Language Survey" (HLS) means a survey that must be conducted in regard to every student, which asks the following:

(A)   Is a language other than English used in the student's home?

(B)   If a language other than English is used in the student's home, is it spoken more often or less often than English?

"Immigrant children and youth" means individuals who:

(A)   Are aged three (3) through twenty-one (21);

(B)   Were not born in any U.S. state, the District of Columbia, or Puerto Rico; and

(C)   Have not been attending one or more schools in any U.S. state(s), the District of Columbia, or Puerto Rico for more than three (3) full academic years.

"Language Instruction Educational Plan" or "LIEP" means an individualized education plan designed to address the specific needs of an ELL student.

"Limited English proficient" means "English Language Learner", as defined in this section.

[Source: Added at 32 Ok Reg 906, eff 8-27-15]