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Title 4 . Education and Early Development
Chapter 34 . (Repealed)
Section 90. Definitions

4 AAC 34.090. Definitions

(a) In this chapter, unless the context requires otherwise,

(1) "district" or "school district" means a city and borough school district or regional educational attendance area;

(2) "limited English proficient pupil" or "LEP pupil" means an individual

(A) who is between 3 and 21 years old;

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

(C) who falls into one or more of the following categories of individuals:

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

(ii) an American Indian, Alaska Native, or native resident of the outlying areas, 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; and

(D) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual the

(i) ability to obtain a proficiency level of proficient or advanced, as described in 4 AAC 06.739, on the state assessments in reading and writing or in reading and language arts under 4 AAC 06.730, 4 AAC 06.737 or 4 AAC 06.755;

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

(iii) opportunity to participate fully in society;

(3) "school that is attended by at least eight LEP pupils" means any school, elementary, middle, or any combination secondary school with eight or more LEP pupils in regular daily attendance;

(4) "Alaska Native" has the meaning given in 4 AAC 06.899;

(5) "American Indian" has the meaning given in 4 AAC 06.899;

(6) "outlying area" has the meaning given in 20 U.S.C. 7801(30) (Elementary and Secondary Education Act); the definition of "outlying area" set out in 20 U.S.C. 7801(30), as revised as of January 8, 2002, is adopted by reference.

(b) In AS 14.30.410 and this chapter, "department" means the department of education and early development.

(c) In AS 14.30.400 , "bilingual-bicultural education program" means a program of instruction in elementary or secondary education that is designed for children of limited English speaking ability and whose primary language is other than English.

History: Eff. 12/29/76, Register 60; am 5/4/2000, Register 154; am 11/23/2003, Register 168

Authority: AS 14.07.060

AS 14.30.410

Editor's note: As of Register 151 (October 1999), the regulations attorney made technical revisions under AS\n 44.62.125(b)(6) to reflect the name change of the Department of Education to the Department of Education and Early Development made by ch. 58, SLA 1999, and the corresponding title change of the commissioner of education.


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Last modified 7/05/2006