Immigrant children and youth¹ are defined as individuals who:
(A) are aged 3 through 21;
(B) were not born in any State²
(C) have not been attending one or more schools in any one or more States for more than 3 full academic years.
For the definition above, “state” means the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico.²
¹Definition based on Section 3301(6) of the Elementary and Secondary Education Act (ESEA).
Are children (students) born to United States citizens abroad (e.g., children born on a military base overseas) considered immigrants for purposes of Title III, Part A?
These children can be considered immigrants if they meet all the criteria in the definition of immigrant.