§ 300.29 Native language.

Plain English summary

This section defines 'native language' as it applies under IDEA. For individuals with limited English proficiency, it means the language normally used by the individual or their parents, but in direct contact with a child (including evaluations), it means the language the child normally uses at home or in the learning environment. For individuals with deafness, blindness, or no written language, native language refers to the individual's normal mode of communication, such as sign language, Braille, or oral communication.

Key requirements

• Native language, when used with respect to an individual who is limited English proficient, means the language normally used by that individual, or, in the case of a child, the language normally used by the parents of the child.
• In all direct contact with a child (including evaluation of the child), the language normally used by the child in the home or learning environment.
• For an individual with deafness or blindness, or for an individual with no written language, the mode of communication is that normally used by the individual (such as sign language, Braille, or oral communication).

Affected parties

• children with limited English proficiency
• parents of children with limited English proficiency
• individuals with deafness
• individuals with blindness
• individuals with no written language
• local educational agencies (LEAs)
• evaluators conducting assessments

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.29