20 U.S.C. § 7491 — Definitions
submitted 24 years ago by Pub. L. 89-10 to r/title-20-EDUCATION · 230 words · no verdicts yet
This section defines four terms, "adult," "free public education," "Indian," and "traditional leaders," used in this part of the education law dealing with Indian education.
(1) Adult: Someone who has turned 16, or is older than the age when a state's compulsory school attendance law would normally require them to be in school.
(2) Free public education: Education that is (A) paid for publicly, run under public supervision, and free of tuition, and (B) given as elementary or secondary schooling in the applicable state, or to preschool children.
(3) Indian: Someone who is (A) a member of an Indian tribe or band, as the tribe or band itself defines membership, including tribes or bands terminated since 1940 and tribes or bands recognized by their state; (B) a first- or second-degree descendant of someone in (A); (C) considered an Indian by the Secretary of the Interior for any purpose; (D) an Eskimo, Aleut, or other Alaska Native; or (E) a member of an organized Indian group that got a grant under the Indian Education Act of 1988 as it stood before October 20, 1994.
(4) Traditional leaders: Has the same meaning given in section 2902 of title 25; this section does not define the term itself.
For the purposes of this part:
The term “adult” means an individual who—
has attained the age of 16 years; or
has attained an age that is greater than the age of compulsory school attendance under an applicable State law.
The term “free public education” means education that is—
provided at public expense, under public supervision and direction, and without tuition charge; and
provided as elementary or secondary education in the applicable State or to preschool children.
The term “Indian” means an individual who is—
a member of an Indian tribe or band, as membership is defined by the tribe or band, including—
any tribe or band terminated since 1940; and
any tribe or band recognized by the State in which the tribe or band resides;
a descendant, in the first or second degree, of an individual described in subparagraph (A);
considered by the Secretary of the Interior to be an Indian for any purpose;
an Eskimo, Aleut, or other Alaska Native; or
a member of an organized Indian group that received a grant under the Indian Education Act of 1988 as in effect the day preceding October 20, 1994.
The term “traditional leaders” has the meaning given the term in section 2902 of title 25.
Source credit: (Pub. L. 89–10, title VI, § 6151, formerly title VII, § 7151, as added Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1931; renumbered title VI, § 6151, and amended Pub. L. 114–95, title VI, § 6001(a), (b)(1), § 6002(s), Dec. 10, 2015, 129 Stat. 2046, 2062.)
- 2002Enacted · Pub. L. 89-10 · 115 Stat. 1931
- 2015Amended · Pub. L. 114-95 · 129 Stat. 2046, 2062
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-10 on 2002-01-08.
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