North Dakota Code § 15.1-38-01.1

English language learner - Definition
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English language learner means a student who:
1. Is at least five years of age but has not reached the age of twenty -one before August 
first of the year of enrollment;
2. Is enrolled in a school district in this state;
3. Has a primary language other than English or comes from an environment in which a 
language other than English significantly impacts the individual's level of English 
language proficiency; and
4. Has difficulty speaking, reading, writing, and understanding English, as evidenced by a 
language proficiency test approved by the superintendent of public instruction and 
aligned to the state English language proficiency standards and the state language 
proficiency test.

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