NCLB Section 3301(6)
Immigrant Children and Youth---The term "immigrant children and youth" means individuals who --
(A) are aged 3 through 21;
(B) were not born in any state; and
(C) have not been attending one or more schools in any one or more states for more than 3 full academic years.
Identification is indicated by question 4 on the Home Language Survey.
State ESL Policy states that all districts are required to keep a immigrant student list broken down by gender, proficiency level (where relevant), grade-level, language group, ethnicity, and identification number.