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Immigrant Students

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.