The term immigrant children and youth, which is defined in Section 3301(6) of Title III, refers to individuals who:
are aged 3 through 21;
were not born in any State; and
have not been attending one or more schools in any one or more States for more than 3 full academic years.
What is the definition of 3 full academic years?
Some states define an academic year as 9 months, while other States count an academic year as 10 months. If a student has been in different schools in different school districts and even in different States, the number of months that the student has been in school in any one or more States must not add up to a total of more than 3 full academic years.
The term “state” means each of the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico.