North Dakota Century Code Title 15.1. Elementary and Secondary Education § 15.1-38-01.1. English language learner--Definition

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.