Immigrant status under the Title III – Language Instruction for Limited English Proficient and Immigrant Students of the No Child Left Behind Act of 2001, should not be confused with immigrant status as defined for the Department of Homeland Security (DHS). Districts should not assume responsibility for determining the extent to which students are legal or illegal immigrants under DHS regulations. Definition of immigrant should not be confused with definition used for state assessment purposes or definition used for student eligibility to English I for Speakers of Other Languages or English II for Speakers of Other Languages taught in high school.
Texas is required to use the federal definition under Title III of NCLB in order to determine immigrant student counts for funding and for coding in PEIMS.
Contact the NCLB Program Coordination Division for clarifications regarding immigrant status at 512-463-9374.