English learner has the meaning given the term in 20 U.S.C. Section 7801(20). The term "English learner," when used with respect to an individual, means an individual:

(1) Who is aged three through twenty-one;

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

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

(b)(i) Who is a Native American or Alaska native, or a native resident of the outlying areas; and

(ii) 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

(c) Who 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

(4) Whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual:

(a) The ability to meet the challenging state academic standards;

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

(c) The opportunity to participate fully in society.