20 U.S.C. § 1003 — Additional definitions

In this chapter:

(1) “Authorizing committees” means the Senate Committee on Health, Education, Labor, and Pensions and the House Committee on Education and Labor.

(2) “Combination of institutions of higher education” means a group of higher-education institutions that have made a cooperative arrangement to carry out a common objective. It also means a public or private nonprofit agency, organization, or institution that a group of such institutions designates or creates to carry out a common objective for the group.

(3) Except where another rule applies, “critical foreign language” means each language on the list of critical languages that the Secretary designated in the Federal Register on August 2, 1985, as updated and published by the Secretary from time to time. That list was issued under section 212(d) of the Education for Economic Security Act, which was repealed by section 2303 of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988. When applying this definition to a particular title, the Secretary may set priorities based on that title’s purposes and the United States’ national-security, economic-competitiveness, and educational needs.

(4) “Department” means the Department of Education.

(5) “Diploma mill” means an entity that—(A)(i) offers degrees, diplomas, or certificates for a fee, which may be used to tell the public that the person holding one completed a postsecondary education or training program; and (ii) requires that person to complete little or no education or coursework to obtain it; and (B) lacks accreditation from an accrediting agency or association recognized as an accrediting agency or association for institutions of higher education (as that term is defined in section 1002 of this title) by—(i) the Secretary under subpart 2 of part H of subchapter IV; or (ii) a Federal agency, State government, or other organization or association that recognizes accrediting agencies or associations.

(6) “Disability” has the meaning given in section 12102(2) of title 42. This section does not define the term itself.

(7)(A) Except where another rule applies, “distance education” means education using one or more technologies listed in subparagraph (B) to—(i) teach students who are separated from the instructor; and (ii) support regular and substantive interaction between students and the instructor, either at the same time or at different times. (B) The technologies may include—(i) the Internet; (ii) one-way or two-way transmissions through open broadcast, closed circuit, cable, microwave, broadband lines, fiber optics, satellite, or wireless communications devices; (iii) audio conferencing; or (iv) video cassettes, DVDs, and CD-ROMs, if used in a course together with a technology listed in clauses (i) through (iii).

(8) “Early childhood education program” means—(A) a Head Start or Early Head Start program under the Head Start Act, including a migrant or seasonal program, an Indian program, or a program that also receives State funding; (B) a State-licensed or State-regulated child-care program; or (C) a program that—(i) serves children from birth through age six and addresses their cognitive development, including language, early literacy, and early mathematics, as well as social, emotional, and physical development; and (ii) is—(I) a State prekindergarten program; (II) a program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or (III) operated by a local educational agency.

(9) “Elementary school” has the meaning given in section 7801 of this title. This section does not define the term itself.

(10) “Gifted and talented” has the meaning given in section 7801 of this title. This section does not define the term itself.

(11) “Local educational agency” has the meaning given in section 7801 of this title. This section does not define the term itself.

(12) “New borrower,” when used with a date, means a person who on that date owes no principal or interest on any loan made, insured, or guaranteed under subchapter IV.

(13) “Nonprofit,” when applied to a school, agency, organization, or institution, means one owned and operated by one or more nonprofit corporations or associations, with no part of its net earnings going, or lawfully able to go, to a private shareholder or individual.

(14) “Poverty line” means the poverty line defined in section 9902(2) of title 42 that applies to a family of the relevant size. This section does not define “poverty line” itself.

(15) “School or department of divinity” means an institution, or a department or branch of one, whose instruction is designed to educate students—(A) to become ministers of religion, enter another religious vocation, or receive continuing training for such a vocation; or (B) to teach theological subjects.

(16) “Secondary school” has the meaning given in section 7801 of this title. This section does not define the term itself.

(17) “Secretary” means the Secretary of Education.

(18) “Service-learning” has the meaning given in section 12511(23) of title 42. This section does not define the term itself.

(19) “Special education teacher” means teachers who teach children with disabilities as defined in section 602 of the Individuals with Disabilities Education Act.

(20) “State educational agency” has the meaning given in section 7801 of this title. This section does not define the term itself.

(21)(A) “State” includes the several United States, Puerto Rico, the District of Columbia, Guam, American Samoa, the United States Virgin Islands, the Northern Mariana Islands, and the Freely Associated States. (B) “Freely Associated States” means the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.

(22) “State higher education agency” means the officer or agency chiefly responsible for supervising higher education in the State.

(23) “Universal design” has the meaning given in section 3002 of title 29. This section does not define the term itself.

(24) “Universal design for learning” means a scientifically valid framework for guiding education that—(A) allows flexibility in how information is presented, how students respond or show knowledge and skills, and how students are engaged; and (B) reduces instructional barriers, provides suitable accommodations, support, and challenges, and keeps high achievement expectations for all students, including students with disabilities and students with limited English proficiency.