Who Is An ESL/ELL/LEP Student?
Limited English Proficient students - Pupils with limited English proficiency shall mean pupils who of foreign birth or ancestry, speak a language other than English, and either understand and speak little or no English; or score below a state designated level of proficiency on the Language Assessment Battery-Revised (LAB-R) or the New York State English as a Second Language Achievement TEST (NYSESLAT) (Taken from amendment of the Regulations of the Commissioner of Education Part 154, effective May 2, 2003).
Insideschools.org - all about ESL and Bilingual Education in NY State.