r/title-20-EDUCATION wiki — defined terms
The statute’s own glossary: every term Title 20 defines, in section order.
“school of nursing” applies in that section
The terms “accredited” and “school of nursing” have the meanings given those terms in section 801 of the Public Health Service Act ( 42 U.S.C. 296 ). (e) Prohibition (1) In general Funds provided under this section may not be used for the construction of new facilities. (2) Rule of construction Nothing in paragraph (1) shall be construed to prohibit funds provided under this section from being used for the repair or renovation of facilities. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.
“eligible institution” applies in that section
The term “eligible institution” means an institution of higher education as defined in section 1001 of this title . (2) Free institution
“free institution” applies in that section
The term “free institution” means an institution that emerged out of Western civilization, such as democracy, constitutional government, individual rights, market economics, religious freedom and religious tolerance, and freedom of thought and inquiry. (3) Traditional American history
“traditional American history” applies in that section
The term “traditional American history” means— (A) the significant constitutional, political, intellectual, economic, and foreign policy trends and issues that have shaped the course of American history; and (B) the key episodes, turning points, and leading figures involved in the constitutional, political, intellectual, diplomatic, and economic history of the United States. (c) Application (1) In general Each eligible institution that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.
“grantee” applies in that section
The term “grantee” means Teach For America, Inc. (2) Repealed. Pub. L. 114–95, title IX, § 9214(c)(12)(A) , Dec. 10, 2015 , 129 Stat. 2164 (3) High-need local educational agency
“high-need local educational agency” applies in that section
The term “high-need local educational agency” has the meaning given such term in section 1021 of this title . (b) Grants authorized From the amounts appropriated under subsection (f), the Secretary is authorized to award a five-year grant to Teach For America, Inc., the national teacher corps of outstanding recent college graduates who commit to teach for two years in underserved communities in the United States, to implement and expand its program of recruiting, selecting, training, and supporting new teachers.
“eligible institution” applies in that section
the term “eligible institution” means an institution of higher education, or a consortium of such institutions, that offers a program of postbaccalaureate study leading to a graduate degree. (c) Program authorized (1) Grants by Secretary (A) In general From the amounts appropriated under subsection (f), the Secretary shall award grants to eligible institutions to enable such institutions to make fellowship awards to individuals in accordance with the provisions of this section.
“early childhood education program” applies throughout its part
the term “early childhood education program” means— (1) a Head Start program or an Early Head Start program carried out under the Head Start Act ( 42 U.S.C. 9831 et seq.), including a migrant or seasonal Head Start program or an Indian Head Start program; (2) a State licensed or regulated child care program; or (3) a State prekindergarten program or a program authorized under section 619 [ 20 U.S.C. 1419 ] or part C [ 20 U.S.C. 1431 et seq.] of the Individuals with Disabilities Education Act, that serves children from birth through age six and that addresses the children’s cognitive (including language, early literacy, and pre-numeracy), social, emotional, and physical development.
“Alaska Native” applies in that section
The term “Alaska Native” has the meaning given such term in section 7546 of this title . (2) Eligible partnership
“eligible partnership” applies in that section
The term “eligible partnership” means a partnership that includes— (A) one or more colleges, schools, or departments of engineering; (B) one or more colleges of science or mathematics; (C) one or more institutions of higher education that offer two-year degrees; and (D) one or more private entities that— (i) conduct career awareness activities showcasing local technology professionals; (ii) encourage students to pursue education in science, technology, engineering, and mathematics from elementary school through postsecondary education, and careers in those fields, with the assistance of local technology professionals; (iii) develop internships, apprenticeships, and mentoring programs in …
“institution of higher education” applies in that section
The term “institution of higher education” has the meaning given such term in section 1001(a) of this title . (4) Native Hawaiian
“Native Hawaiian” applies in that section
The term “Native Hawaiian” has the meaning given the term in section 7517 of this title . (c) Grant authorized From the amounts appropriated to carry out this section under subsection (i), the Secretary is authorized to award a grant to an eligible partnership to enable the eligible partnership to expand programs for the development of science, technology, engineering, or mathematics professionals, from elementary school through postsecondary education, including existing programs for Alaska Native and Native Hawaiian students.
“eligible institution” applies in that section
The term “eligible institution” means an institution of higher education, as defined in section 1001 of this title , that provides a one- or two-year program of study leading to a degree or certificate. (B) Eligible student
“eligible student” applies in that section
The term “eligible student” means a student who— (i) is eligible to receive assistance under section 1070a of this title ; (ii) is enrolled at least half-time; (iii) is not younger than age 19; (iv) is the parent of at least one dependent child, which dependent child is age 18 or younger; (v) has a secondary school diploma or its recognized equivalent; and (vi) does not have a degree or certificate from an institution of higher education.
“area affected by a Gulf hurricane disaster” applies in that section
The terms “area affected by a Gulf hurricane disaster” and “Gulf hurricane disaster” have the meanings given such terms in section 209 of the Higher Education Hurricane Relief Act of 2005 ( Public Law 109–148 , 119 Stat. 2808 ). (3) Emergency
“emergency” applies in that section
The term “emergency” has the meaning given such term in section 5122(1) of title 42 . (4) Institutions of higher education
“Gulf hurricane disaster” applies in that section
The terms “area affected by a Gulf hurricane disaster” and “Gulf hurricane disaster” have the meanings given such terms in section 209 of the Higher Education Hurricane Relief Act of 2005 ( Public Law 109–148 , 119 Stat. 2808 ). (3) Emergency
“institution affected by a Gulf hurricane disaster” applies in that section
The term “institution affected by a Gulf hurricane disaster” means an institution of higher education that— (A) is located in an area affected by a Gulf hurricane disaster; and (B) is able to demonstrate that the institution— (i) incurred physical damage resulting from the impact of a Gulf hurricane disaster; and (ii) was not able to fully reopen in existing facilities or to fully reopen to the pre-hurricane levels for 30 days or more on or after August 29, 2005 . (2) Area affected by a Gulf hurricane disaster; Gulf hurricane disaster
“institution of higher education” applies in that section
The term “institution of higher education” has the meaning given such term in section 1001 of this title . (5) Major disaster
“major disaster” applies in that section
The term “major disaster” has the meaning given the term in section 5122(2) of title 42 . (h) Effective date Loans provided to institutions of higher education pursuant to this section shall be available only with respect to major disasters or emergencies declared by the President that occur after August 14, 2008 , except that loans may be provided pursuant to this section to an institution affected by a Gulf hurricane disaster with respect to such disaster. (i) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.
“cooperative education” applies throughout its part
the term “cooperative education” means the provision of alternating or parallel periods of academic study and public or private employment to give students work experiences related to their academic or occupational objectives and an opportunity to earn the funds necessary for continuing and completing their education.
“articulation agreement” applies in that section
the term “articulation agreement” means an agreement between institutions of higher education that specifies the acceptability of courses in transfer toward meeting specific degree requirements. (i) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.
“nontraditional student” applies in that section
The term “nontraditional student” means an individual who— (A) delays enrollment in an institution of higher education by three or more years after secondary school graduation; (B) attends an institution of higher education part-time; or (C) attends an institution of higher education and— (i) works full-time; (ii) is an independent student, as defined in section 1087vv of this title ; (iii) has one or more dependents other than a spouse; (iv) is a single parent; or (v) does not have a secondary school diploma or the recognized equivalent of such a diploma. (4) Regional employer
“regional employer” applies in that section
The term “regional employer” means an employer within a rural area. (c) Partnership (1) Required partners A rural-serving institution of higher education, or a consortium of rural-serving institutions of higher education, that receives a grant under this section shall carry out the activities of the grant in partnership with— (A) one or more local educational agencies serving a rural area; and (B) one or more regional employers or local boards (as such term is defined in section 3102 of title 29 ) serving a rural area.
“rural area” applies in that section
The term “rural area” means an area that is defined, identified, or otherwise recognized as rural by a governmental agency of the State in which the area is located. (3) Nontraditional student
“rural-serving institution of higher education” applies in that section
The term “rural-serving institution of higher education” means an institution of higher education that primarily serves rural areas. (2) Rural area
“eligible entity” applies throughout its part
the term “eligible entity” means— (A) an institution of higher education; or (B) a nonprofit consortium, association, alliance, or collaboration operating in partnership with one or more institutions of higher education that received funds for the implementation of work associated with sustainability programs under this part. (b) Applications (1) In general To receive a grant under subsection (a)(1), an eligible entity shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may reasonably require.
“modeling and simulation” applies in that section
the term “modeling and simulation” means a field of study related to the application of computer science and mathematics to develop a level of understanding of the interaction of the parts of a system and of a system as a whole. (b) Establishment of task force (1) In general Subject to the availability of appropriations, the Secretary shall establish a task force within the Department to study modeling and simulation and to support the development of the modeling and simulation field.
“community college” applies in that section
The term “community college” has the meaning given the term “junior or community college” in section 1058(f) of this title . (2) Eligible individual
“eligible individual” applies in that section
The term “eligible individual” means an individual who— (A) is 16 to 25 years of age (inclusive); and (B) (i) has been convicted of a criminal offense; and (ii) is detained in, or has been released from, a juvenile detention center or secure juvenile justice residential facility. (3) Gang-related offense (A) In general
“gang-related offense” applies in that section
The term “gang-related offense” means an offense that involves the circumstances described in subparagraph (B) and that is— (i) a Federal or State felony involving a controlled substance (as defined in section 802 of title 21 ) for which the maximum penalty is not less than five years; (ii) a Federal or State crime of violence that has as an element the use or attempted use of physical force against the person of another for which the maximum penalty is not less than six months; or (iii) a conspiracy to commit an offense described in clause (i) or (ii).
“guidance counselor” applies in that section
The term “guidance counselor” means an individual who works with at-risk youth on a one-on-one basis, to establish a supportive relationship with such at-risk youth and to provide such at-risk youth with academic assistance and exposure to new experiences that enhance their ability to become responsible citizens. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.
“priority individual” applies in that section
The term “priority individual” means an individual who— (A) is an eligible individual; (B) has been convicted of a gang-related offense; and (C) has served or is serving a period of detention in a juvenile detention center or secure juvenile justice residential facility for such offense. (5) Guidance counselor
“public health practice area” applies in that section
the term “public health practice area” includes the areas of bioterrorism and emergency preparedness, environmental health, food safety and food security, regulatory medicine, diagnostic laboratory medicine, and biomedical research. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years. Amounts appropriated under this subsection shall remain available until expended.
“applicable program” applies throughout its chapter
The term “applicable program” means any program for which the Secretary or the Department has administrative responsibility as provided by law or by delegation of authority pursuant to law. The term includes each program for which the Secretary or the Department has administrative responsibility under the Department of Education Organization Act [ 20 U.S.C. 3401 et seq.] or under Federal law effective after the effective date of that Act.;
“applicable statute” applies throughout its chapter
The term “applicable statute” means— (A) the Act or the title, part, section, or any other subdivision of an Act, as the case may be, that authorizes the appropriation for an applicable program; (B) this chapter; and (C) any other statute that by its terms expressly controls the administration of an applicable program.;
“Department” applies throughout its chapter
The term “Department” means the Department of Education.;
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of Education. (d) Application of other laws unaffected Nothing in this chapter shall be construed to affect the applicability of title VI of the Civil Rights Act of 1964 [ 42 U.S.C. 2000d et seq.], title IX of the Education Amendments of 1972 [ 20 U.S.C. 1681 et seq.], title V of the Rehabilitation Act of 1973 [ 29 U.S.C. 790 et seq.], the Age Discrimination Act [ 42 U.S.C. 6101 et seq.], or other statutes prohibiting discrimination, to any applicable program.
“disability” applies in that section
The term “disability” has the same meaning given to such term by section 12102(2) of title 42 . (2) Educational organization (A) Except as provided in subparagraphs (B) and (C),
“educational organization” applies in that section
the term “educational organization” means any organization or entity that— (i) provides an educational program for a fee; and (ii) recruits students through means such as commercial media, direct mailings, school recruitment programs, school administrators, teachers or staff, or current or former participants in an educational program offered by such organization or entity.
“educational program” applies in that section
the term “educational program” means a special honors program, seminar, citizenship experience, government study program, educational vacation, student exchange program, or other educational experience or honor— (i) that is generally directed toward minors or secondary school students; (ii) for which a tuition or enrollment fee is charged; (iii) that is offered away from a student’s regular place of school attendance; (iv) that includes not less than one supervised night away from home; and (v) that is intended to enhance a student’s regular course of study. (B) Such term does not include a recreational program, 1 or a social or religious activity. (4) Local school official
“local school official” applies in that section
The term “local school official” means the highest administrative official serving a school district, or such individual’s designee. (5) Minor
“membership organization” applies in that section
The term “membership organization” includes any organization that maintains a membership list or collects dues or membership fees from its members. (7) Recreational organization
“minor” applies in that section
The term “minor” means an individual who has not attained the age of 18 years. (6) Membership organization
“recreational organization” applies in that section
The term “recreational organization” includes any organization or entity that has as its primary function pleasure, amusement, or sports activities. (8) Recreational program
“recreational program” applies in that section
The term “recreational program” includes any activity or service that is intended as an entertainment pastime.
“regulation” applies in that section
the term “regulation” means any generally applicable rule, regulation, guideline, interpretation, or other requirement that— (1) is prescribed by the Secretary or the Department; and (2) has legally binding effect in connection with, or affecting, the provision of financial assistance under any applicable program. (b) Citation of authority Regulations shall contain, immediately following each substantive provision of such regulations, citations to the particular section or sections of statutory law or other legal authority on which such provision is based. (c) Uniform application All regulations shall be uniformly applied and enforced throughout the 50 States.
“education records” applies in that section
the term “education records” means, except as may be provided otherwise in subparagraph (B), those records, files, documents, and other materials which— (i) contain information directly related to a student; and (ii) are maintained by an educational agency or institution or by a person acting for such agency or institution.
“educational agency or institution” applies in that section
the term “educational agency or institution” means any public or private agency or institution which is the recipient of funds under any applicable program. (4) (A) For the purposes of this section,
“student” applies in that section
the term “student” includes any person with respect to whom an educational agency or institution maintains education records or personally identifiable information, but does not include a person who has not been in attendance at such agency or institution.
“instructional material” applies in that section
The term “instructional material” means instructional content that is provided to a student, regardless of its format, including printed or representational materials, audio-visual materials, and materials in electronic or digital formats (such as materials accessible through the Internet). The term does not include academic tests or academic assessments. (B) Invasive physical examination
“invasive physical examination” applies in that section
The term “invasive physical examination” means any medical examination that involves the exposure of private body parts, or any act during such examination that includes incision, insertion, or injection into the body, but does not include a hearing, vision, or scoliosis screening. (C) Local educational agency
“local educational agency” applies in that section
The term “local educational agency” means an elementary school, secondary school, school district, or local board of education that is the recipient of funds under an applicable program, but does not include a postsecondary institution. (D) Parent
“parent” applies in that section
The term “parent” includes a legal guardian or other person standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the welfare of the child). (E) Personal information
“personal information” applies in that section
The term “personal information” means individually identifiable information including— (i) a student or parent’s first and last name; (ii) a home or other physical address (including street name and the name of the city or town); (iii) a telephone number; or (iv) a Social Security identification number. (F) Student
“student” applies in that section
The term “student” means any elementary school or secondary school student. (G) Survey
“survey” applies in that section
The term “survey” includes an evaluation. (d) Notice Educational agencies and institutions shall give parents and students effective notice of their rights under this section. (e) Enforcement The Secretary shall take such action as the Secretary determines appropriate to enforce this section, except that action to terminate assistance provided under an applicable program shall be taken only if the Secretary determines that— (1) there has been a failure to comply with such section; and (2) compliance with such section cannot be secured by voluntary means.
“recipient” applies throughout its subchapter
The term “recipient” means a recipient of a grant or cooperative agreement under an applicable program. (2) The term “applicable program” excludes programs authorized by the Higher Education Act of 1965 [ 20 U.S.C. 1001 et seq.] and assistance programs provided under the Act of September 30, 1950 1 (Public Law 874, 81st Congress), and the Act of September 23, 1950 1 (Public Law 815, 81st Congress).
“assistive technology device” applies throughout its chapter
The term “assistive technology device” means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of a child with a disability. (B) Exception The term does not include a medical device that is surgically implanted, or the replacement of such device. (2) Assistive technology service
“assistive technology service” applies throughout its chapter
The term “assistive technology service” means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes— (A) the evaluation of the needs of such child, including a functional evaluation of the child in the child’s customary environment; (B) purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by such child; (C) selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices; (D) coordinating and using other therapies, interventions, or services with assistive technology devices, such as …
“child with a disability” applies throughout its chapter
The term “child with a disability” means a child— (i) with intellectual disabilities, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (referred to in this chapter as “emotional disturbance”), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and (ii) who, by reason thereof, needs special education and related services.
“educational service agency” applies throughout its chapter
The term “educational service agency”— (A) means a regional public multiservice agency— (i) authorized by State law to develop, manage, and provide services or programs to local educational agencies; and (ii) recognized as an administrative agency for purposes of the provision of special education and related services provided within public elementary schools and secondary schools of the State; and (B) includes any other public institution or agency having administrative control and direction over a public elementary school or secondary school. (6) Elementary school
“elementary school” applies throughout its chapter
The term “elementary school” means a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under State law. (7) Equipment
“equipment” applies throughout its chapter
The term “equipment” includes— (A) machinery, utilities, and built-in equipment, and any necessary enclosures or structures to house such machinery, utilities, or equipment; and (B) all other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including items such as instructional equipment and necessary furniture; printed, published, and audio-visual instructional materials; telecommunications, sensory, and other technological aids and devices; and books, periodicals, documents, and other related materials. (8) Excess costs
“excess costs” applies throughout its chapter
The term “excess costs” means those costs that are in excess of the average annual per-student expenditure in a local educational agency during the preceding school year for an elementary school or secondary school student, as may be appropriate, and which shall be computed after deducting— (A) amounts received— (i) under subchapter II; (ii) under part A of title I of the Elementary and Secondary Education Act of 1965 [ 20 U.S.C. 6311 et seq.]; and (iii) under part A of title III of that Act [ 20 U.S.C. 6811 et seq.]; and (B) any State or local funds expended for programs that would qualify for assistance under any of those parts. (9) Free appropriate public education
“free appropriate public education” applies throughout its chapter
The term “free appropriate public education” means special education and related services that— (A) have been provided at public expense, under public supervision and direction, and without charge; (B) meet the standards of the State educational agency; (C) include an appropriate preschool, elementary school, or secondary school education in the State involved; and (D) are provided in conformity with the individualized education program required under section 1414(d) of this title . (10) Repealed. Pub. L. 114–95, title IX, § 9214(d)(1) , Dec. 10, 2015 , 129 Stat. 2164 (11) Homeless children
“homeless children” applies throughout its chapter
The term “homeless children” has the meaning given the term “homeless children and youths” in section 11434a of title 42 . (12) Indian
“IEP” applies throughout its chapter
The term “individualized education program” or “IEP” means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with section 1414(d) of this title . (15) Individualized family service plan
“Indian” applies throughout its chapter
The term “Indian” means an individual who is a member of an Indian tribe. (13) Indian tribe
“Indian tribe” applies throughout its chapter
The term “Indian tribe” means any Federal or State Indian tribe, band, rancheria, pueblo, colony, or community, including any Alaska Native village or regional village corporation (as defined in or established under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq.)). (14) Individualized education program; IEP
“individualized education program” applies throughout its chapter
The term “individualized education program” or “IEP” means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with section 1414(d) of this title . (15) Individualized family service plan
“individualized family service plan” applies throughout its chapter
The term “individualized family service plan” has the meaning given the term in section 1436 of this title . (16) Infant or toddler with a disability
“infant or toddler with a disability” applies throughout its chapter
The term “infant or toddler with a disability” has the meaning given the term in section 1432 of this title . (17) Institution of higher education
“institution of higher education” applies throughout its chapter
The term “institution of higher education”— (A) has the meaning given the term in section 1001 of this title ; and (B) also includes any college or university receiving funding from the Secretary of the Interior under the Tribally Controlled Colleges and Universities Assistance Act of 1978 [ 25 U.S.C. 1801 et seq.]. (18) Limited English proficient
“limited English proficient” applies throughout its chapter
The term “limited English proficient” has the meaning given the term “English learner” in section 8101 of the Elementary and Secondary Education Act of 1965 [ 20 U.S.C. 7801 ]. (19) Local educational agency (A) In general
“local educational agency” applies throughout its chapter
The term “local educational agency” means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary schools or secondary schools in a city, county, township, school district, or other political subdivision of a State, or for such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary schools or secondary schools.
“outlying area” applies throughout its chapter
The term “outlying area” means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (23) Parent
“parent” applies throughout its chapter
The term “parent” means— (A) a natural, adoptive, or foster parent of a child (unless a foster parent is prohibited by State law from serving as a parent); (B) a guardian (but not the State if the child is a ward of the State); (C) an individual acting in the place of a natural or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child’s welfare; or (D) except as used in sections 1415(b)(2) and 1439(a)(5) of this title, an individual assigned under either of those sections to be a surrogate parent. (24) Parent organization
“parent organization” applies throughout its chapter
The term “parent organization” has the meaning given the term in section 1471(g) of this title . (25) Parent training and information center
“parent training and information center” applies throughout its chapter
The term “parent training and information center” means a center assisted under section 1471 or 1472 of this title. (26) Related services (A) In general
“related services” applies throughout its chapter
The term “related services” means transportation, and such developmental, corrective, and other supportive services (including speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, school nurse services designed to enable a child with a disability to receive a free appropriate public education as described in the individualized education program of the child, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services, except that such medical services shall be for diagnostic and evaluation …
“secondary school” applies throughout its chapter
The term “secondary school” means a nonprofit institutional day or residential school, including a public secondary charter school, that provides secondary education, as determined under State law, except that it does not include any education beyond grade 12. (28) Secretary
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of Education. (29) Special education
“special education” applies throughout its chapter
The term “special education” means specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including— (A) instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and (B) instruction in physical education. (30) Specific learning disability (A) In general
“specific learning disability” applies throughout its chapter
The term “specific learning disability” means a disorder in 1 or more of the basic psychological processes involved in understanding or in using language, spoken or written, which disorder may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations. (B) Disorders included Such term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.
“State” applies throughout its chapter
The term “State” means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas. (32) State educational agency
“State educational agency” applies throughout its chapter
The term “State educational agency” means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary schools and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law. (33) Supplementary aids and services
“supplementary aids and services” applies throughout its chapter
The term “supplementary aids and services” means aids, services, and other supports that are provided in regular education classes or other education-related settings to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate in accordance with section 1412(a)(5) of this title . (34) Transition services
“transition services” applies throughout its chapter
The term “transition services” means a coordinated set of activities for a child with a disability that— (A) is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post-school activities, including post-secondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation; (B) is based on the individual child’s needs, taking into account the child’s strengths, preferences, and interests; and (C) includes instruction, …
“universal design” applies throughout its chapter
The term “universal design” has the meaning given the term in section 3002 of title 29 . (36) Ward of the State (A) In general
“ward of the State” applies throughout its chapter
The term “ward of the State” means a child who, as determined by the State where the child resides, is a foster child, is a ward of the State, or is in the custody of a public child welfare agency. (B) Exception The term does not include a foster child who has a foster parent who meets the definition of a parent in paragraph (23).
“freely associated States” applies in that section
the term “freely associated States” means the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (2) Secretary of the Interior From the amount appropriated for any fiscal year under subsection (i), the Secretary shall reserve 1.226 percent to provide assistance to the Secretary of the Interior in accordance with subsection (h). (c) Technical assistance (1) In general The Secretary may reserve not more than ½ of 1 percent of the amounts appropriated under this subchapter for each fiscal year to provide technical assistance activities authorized under section 1416(i) of this title .
“local educational agency” applies in that section
the term “local educational agency” includes a charter school that is a local educational agency, or a consortium of local educational agencies. (B) Limitation on uses of funds (i) Establishment of high cost fund A State shall not use any of the funds the State reserves pursuant to subparagraph (A)(i), but may use the funds the State reserves under paragraph (1), to establish and support the high cost fund. (ii) Innovative and effective cost sharing A State shall not use more than 5 percent of the funds the State reserves pursuant to subparagraph (A)(i) for each fiscal year to support innovative and effective ways of cost sharing among consortia of local educational agencies.
“State” applies in that section
The term “State” means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (h) Use of amounts by Secretary of the Interior (1) Provision of amounts for assistance (A) In general The Secretary of Education shall provide amounts to the Secretary of the Interior to meet the need for assistance for the education of children with disabilities on reservations aged 5 to 21, inclusive, enrolled in elementary schools and secondary schools for Indian children operated or funded by the Secretary of the Interior. The amount of such payment for any fiscal year shall be equal to 80 percent of the amount allotted under subsection (b)(2) for that fiscal year.
“National Instructional Materials Access Center” applies in that section
The term “National Instructional Materials Access Center” means the center established pursuant to section 1474(e) of this title . (ii) National Instructional Materials Accessibility Standard
“National Instructional Materials Accessibility Standard” applies in that section
The term “National Instructional Materials Accessibility Standard” has the meaning given the term in section 1474(e)(3)(A) of this title . (iii) Specialized formats
“specialized formats” applies in that section
The term “specialized formats” has the meaning given the term in section 1474(e)(3)(D) of this title . (24) Overidentification and disproportionality The State has in effect, consistent with the purposes of this chapter and with section 1418(d) of this title , policies and procedures designed to prevent the inappropriate overidentification or disproportionate representation by race and ethnicity of children as children with disabilities, including children with disabilities with a particular impairment described in section 1401 of this title .
“IEP” applies throughout its chapter
The term “individualized education program” or “IEP” means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with this section and that includes— (I) a statement of the child’s present levels of academic achievement and functional performance, including— (aa) how the child’s disability affects the child’s involvement and progress in the general education curriculum; (bb) for preschool children, as appropriate, how the disability affects the child’s participation in appropriate activities; and (cc) for children with disabilities who take alternate assessments aligned to alternate achievement standards, a description of benchmarks or …
“IEP Team” applies in that section
The term “individualized education program team” or “IEP Team” means a group of individuals composed of— (i) the parents of a child with a disability; (ii) not less than 1 regular education teacher of such child (if the child is, or may be, participating in the regular education environment); (iii) not less than 1 special education teacher, or where appropriate, not less than 1 special education provider of such child; (iv) a representative of the local educational agency who— (I) is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities; (II) is knowledgeable about the general education curriculum; and …
“individualized education program” applies throughout its chapter
The term “individualized education program” or “IEP” means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with this section and that includes— (I) a statement of the child’s present levels of academic achievement and functional performance, including— (aa) how the child’s disability affects the child’s involvement and progress in the general education curriculum; (bb) for preschool children, as appropriate, how the disability affects the child’s participation in appropriate activities; and (cc) for children with disabilities who take alternate assessments aligned to alternate achievement standards, a description of benchmarks or …
“individualized education program team” applies in that section
The term “individualized education program team” or “IEP Team” means a group of individuals composed of— (i) the parents of a child with a disability; (ii) not less than 1 regular education teacher of such child (if the child is, or may be, participating in the regular education environment); (iii) not less than 1 special education teacher, or where appropriate, not less than 1 special education provider of such child; (iv) a representative of the local educational agency who— (I) is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities; (II) is knowledgeable about the general education curriculum; and …
“natural transition points” applies in that section
the term “natural transition points” means those periods that are close in time to the transition of a child with a disability from preschool to elementary grades, from elementary grades to middle or junior high school grades, from middle or junior high school grades to secondary school grades, and from secondary school grades to post-secondary activities, but in no case a period longer than 3 years.
“controlled substance” applies in that section
The term “controlled substance” means a drug or other substance identified under schedule I, II, III, IV, or V in section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) ). (B) Illegal drug
“illegal drug” applies in that section
The term “illegal drug” means a controlled substance but does not include a controlled substance that is legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under that Act [ 21 U.S.C. 801 et seq.] or under any other provision of Federal law. (C) Weapon
“serious bodily injury” applies in that section
The term “serious bodily injury” has the meaning given the term “serious bodily injury” under paragraph (3) of subsection (h) of section 1365 of title 18 . (l) Rule of construction Nothing in this chapter shall be construed to restrict or limit the rights, procedures, and remedies available under the Constitution, the Americans with Disabilities Act of 1990 [ 42 U.S.C. 12101 et seq.], title V of the Rehabilitation Act of 1973 [ 29 U.S.C.
“weapon” applies in that section
The term “weapon” has the meaning given the term “dangerous weapon” under section 930(g)(2) of title 18 . (D) Serious bodily injury
“State” applies in that section
the term “State” means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (j) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary.
“at-risk infant or toddler” applies throughout its subchapter
The term “at-risk infant or toddler” means an individual under 3 years of age who would be at risk of experiencing a substantial developmental delay if early intervention services were not provided to the individual. (2) Council
“council” applies throughout its subchapter
The term “council” means a State interagency coordinating council established under section 1441 of this title . (3) Developmental delay The term “developmental delay”, when used with respect to an individual residing in a State, has the meaning given such term by the State under section 1435(a)(1) of this title . (4) Early intervention services
“early intervention services” applies throughout its subchapter
The term “early intervention services” means developmental services that— (A) are provided under public supervision; (B) are provided at no cost except where Federal or State law provides for a system of payments by families, including a schedule of sliding fees; (C) are designed to meet the developmental needs of an infant or toddler with a disability, as identified by the individualized family service plan team, in any 1 or more of the following areas: (i) physical development; (ii) cognitive development; (iii) communication development; (iv) social or emotional development; or (v) adaptive development; (D) meet the standards of the State in which the services are provided, including the …
“infant or toddler with a disability” applies in that section
The term “infant or toddler with a disability”— (A) means an individual under 3 years of age who needs early intervention services because the individual— (i) is experiencing developmental delays, as measured by appropriate diagnostic instruments and procedures in 1 or more of the areas of cognitive development, physical development, communication development, social or emotional development, and adaptive development; or (ii) has a diagnosed physical or mental condition that has a high probability of resulting in developmental delay; and (B) may also include, at a State’s discretion— (i) at-risk infants and toddlers; and (ii) children with disabilities who are eligible for services under …
“infants” applies in that section
the terms “infants” and “toddlers” mean children under 3 years of age; and;
“State” applies in that section
the term “State” means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (d) Reallotment of funds If a State elects not to receive its allotment under subsection (c), the Secretary shall reallot, among the remaining States, amounts from such State in accordance with such subsection.
“toddlers” applies in that section
the terms “infants” and “toddlers” mean children under 3 years of age; and;
“personnel” applies throughout its part
the term “personnel” means special education teachers, regular education teachers, principals, administrators, related services personnel, paraprofessionals, and early intervention personnel serving infants, toddlers, preschoolers, or children with disabilities, except where a particular category of personnel, such as related services personnel, is identified.
“eligible entity” applies throughout its part
the term “eligible entity” means— (A) a State educational agency; (B) a local educational agency; (C) a public charter school that is a local educational agency under State law; (D) an institution of higher education; (E) a public agency not described in subparagraphs (A) through (D); (F) a private nonprofit organization; (G) an outlying area; (H) an Indian tribe or a tribal organization (as defined under section 5304 of title 25 ); or (I) a for-profit organization, if the Secretary finds it appropriate in light of the purposes of a particular competition for a grant, contract, or cooperative agreement under this part.
“low incidence disability” applies in that section
the term “low incidence disability” means— (A) a visual or hearing impairment, or simultaneous visual and hearing impairments; (B) a significant cognitive impairment; or (C) any impairment for which a small number of personnel with highly specialized skills and knowledge are needed in order for children with that impairment to receive early intervention services or a free appropriate public education.
“eligible entity” applies in that section
the term “eligible entity” means— (1) a local educational agency; or (2) a consortium consisting of a local educational agency and 1 or more of the following entities: (A) Another local educational agency. (B) A community-based organization with a demonstrated record of effectiveness in helping children with disabilities who have behavioral challenges succeed. (C) An institution of higher education. (D) A community mental health provider. (E) An educational service agency.
“parent organization” applies in that section
the term “parent organization” means a private nonprofit organization (other than an institution of higher education) that— (A) has a board of directors— (i) the majority of whom are parents of children with disabilities ages birth through 26; (ii) that includes— (I) individuals working in the fields of special education, related services, and early intervention; and (II) individuals with disabilities; and (iii) the parent and professional members of which are broadly representative of the population to be served, including low-income parents and parents of limited English proficient children; and (B) has as its mission serving families of children with disabilities who— (i) are ages birth …
“local parent organization” applies in that section
the term “local parent organization” means a parent organization, as defined in section 1471(a)(2) of this title , that— (A) has a board of directors the majority of whom are parents of children with disabilities ages birth through 26 from the community to be served; and (B) has as its mission serving parents of children with disabilities who— (i) are ages birth through 26; and (ii) have the full range of disabilities described in section 1401(3) of this title .
“eligible entity” applies in that section
the term “eligible entity” has the meaning given the term in section 1461(b) of this title . (b) Authorized activities The Secretary may provide technical assistance to a parent training and information center or a community parent resource center under this section in areas such as— (1) effective coordination of parent training efforts; (2) dissemination of scientifically based research and information; (3) promotion of the use of technology, including assistive technology devices and assistive technology services; (4) reaching underserved populations, including parents of low-income and limited English proficient children with disabilities; (5) including children with disabilities in …
“blind or other persons with print disabilities” applies in that section
The term “blind or other persons with print disabilities” means children served under this chapter and who may qualify in accordance with the Act entitled “An Act to provide books for the adult blind”, approved March 3, 1931 ( 2 U.S.C. 135a ; 46 Stat. 1487 ) to receive books and other publications produced in specialized formats. (B) National Instructional Materials Accessibility Standard
“eligible entity” applies in that section
the term “eligible entity” has the meaning given the term in section 1461(b) of this title . (b) Technology development, demonstration, and use (1) In general In carrying out this section, the Secretary shall support activities to promote the development, demonstration, and use of technology. (2) Authorized activities The following activities may be carried out under this subsection: (A) Conducting research on and promoting the demonstration and use of innovative, emerging, and universally designed technologies for children with disabilities, by improving the transfer of technology from research and development to practice.
“National Instructional Materials Accessibility Standard” applies in that section
The term “National Instructional Materials Accessibility Standard” means the standard established by the Secretary to be used in the preparation of electronic files suitable and used solely for efficient conversion into specialized formats. (C) Print instructional materials
“print instructional materials” applies in that section
The term “print instructional materials” means printed textbooks and related printed core materials that are written and published primarily for use in elementary school and secondary school instruction and are required by a State educational agency or local educational agency for use by students in the classroom. (D) Specialized formats
“specialized formats” applies in that section
The term “specialized formats” has the meaning given the term in section 121(d)(3) of title 17 . (4) Applicability This subsection shall apply to print instructional materials published after the date on which the final rule establishing the National Instructional Materials Accessibility Standard was published in the Federal Register.
“program” applies throughout its chapter
the term “program or activity” and “program” mean all of the operations of— (1) (A) a department, agency, special purpose district, or other instrumentality of a State or of a local government; or (B) the entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2) (A) a college, university, or other postsecondary institution, or a public system of higher education; or (B) a local educational agency (as defined in section section 1 7801 of this title), system of vocational education, or other …
“program or activity” applies throughout its chapter
the term “program or activity” and “program” mean all of the operations of— (1) (A) a department, agency, special purpose district, or other instrumentality of a State or of a local government; or (B) the entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2) (A) a college, university, or other postsecondary institution, or a public system of higher education; or (B) a local educational agency (as defined in section section 1 7801 of this title), system of vocational education, or other …
“educational institution” applies in that section
The term “educational institution” includes an institution of higher education, an elementary school, or a secondary school. (2) Elementary school; secondary school
“elementary school” applies in that section
The terms “elementary school” and “secondary school” have the meanings given the terms in section 7801 of this title . (3) Institution of higher education
“institution of higher education” applies in that section
The term “institution of higher education” has the meaning given the term in section 1002 of this title .
“secondary school” applies in that section
The terms “elementary school” and “secondary school” have the meanings given the terms in section 7801 of this title . (3) Institution of higher education
“desegregation” applies throughout its subchapter
The term “desegregation” means desegregation as defined by section 2000c(b) of title 42 . (e) An educational agency shall be deemed to transport a student if any part of the cost of such student’s transportation is paid by such agency.
“educational agency” applies throughout its subchapter
The term “educational agency” means a local educational agency or a “State educational agency” as defined by section 801(k) 1 of the Elementary and Secondary Education Act of 1965.;
“local educational agency” applies throughout its subchapter
The term “local educational agency” means a local educational agency as defined by section 801(f) 1 of the Elementary and Secondary Education Act of 1965.;
“segregation” applies throughout its subchapter
The term “segregation” means the operation of a school system in which students are wholly or substantially separated among the schools of an educational agency on the basis of race, color, sex, or national origin or within a school on the basis of race, color, or national origin.;
“academic school year” applies in that section
the term “academic school year” means, pursuant to regulations promulgated by the Secretary, the customary beginning of classes for the school year at an elementary or secondary school of a local educational agency for a school year that occurs not more often than once in any twelve-month period. (d) Orders subject to provisions of section The provisions of this section apply to any order which was not implemented at the beginning of the 1974–1975 academic year.
“American folklife” applies throughout its subchapter
the term “American folklife” means the traditional expressive culture shared within the various groups in the United States: familial, ethnic, occupational, religious, regional; expressive culture includes a wide range of creative and symbolic forms such as custom, belief, technical skill, language, literature, art, architecture, music, play, dance, drama, ritual, pageantry, handicraft; these expressions are mainly learned orally, by imitation, or in performance, and are generally maintained without benefit of formal instruction or institutional direction;
“Board” applies throughout its subchapter
the term “Board” means the Board of Trustees of the Center;
“Center” applies throughout its subchapter
the term “Center” means the American Folklife Center established under this subchapter;
“group” applies throughout its subchapter
the term “group” includes any State or public agency or institution and any nonprofit society, institution, organization, association, or establishment in the United States;
“Librarian” applies throughout its subchapter
the term “Librarian” means the Librarian of Congress;
“State” applies throughout its subchapter
the term “State” includes, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, and the Virgin Islands; and;
“workshop” applies throughout its subchapter
the term “workshop” means an activity the primary purpose of which is to encourage the development of skills, appreciation, or enjoyment of American folklife among amateur, student, or nonprofessional participants, or to promote scholarship or teaching among the participants.
“immediate family member” applies in that section
the term “immediate family member” means a parent, spouse, sibling, or child.
“all aspects of an industry” applies throughout its chapter
The term “all aspects of an industry” means strong experience in, and comprehensive understanding of, the industry that the individual is preparing to enter. (3) Area career and technical education school
“area career and technical education school” applies throughout its chapter
The term “area career and technical education school” means— (A) a specialized public secondary school used exclusively or principally for the provision of career and technical education to individuals who are available for study in preparation for entering the labor market; (B) the department of a public secondary school exclusively or principally used for providing career and technical education in not fewer than 3 different fields that are available to all students, especially in high-skill, high-wage, or in-demand industry sectors or occupations; (C) a public or nonprofit technical institution or career and technical education school used exclusively or principally for the provision of …
“articulation agreement” applies throughout its chapter
The term “articulation agreement” means a written commitment— (A) that is agreed upon at the State level or approved annually by the lead administrators of— (i) a secondary institution and a postsecondary educational institution; or (ii) a subbaccalaureate degree granting postsecondary educational institution and a baccalaureate degree granting postsecondary educational institution; and (B) to a program that is— (i) designed to provide students with a nonduplicative sequence of progressive achievement leading to technical skill proficiency, a credential, a certificate, or a degree; and (ii) linked through credit transfer agreements between the 2 institutions described in clause (i) or (ii) …
“career and technical education” applies throughout its chapter
The term “career and technical education” means organized educational activities that— (A) offer a sequence of courses that— (i) provides individuals with rigorous academic content and relevant technical knowledge and skills needed to prepare for further education and careers in current or emerging professions, which may include high-skill, high-wage, or in-demand industry sectors or occupations, which shall be, at the secondary level, aligned with the challenging State academic standards adopted by a State under section 6311(b)(1) of this title ; (ii) provides technical skill proficiency or a recognized postsecondary credential, which may include an industry-recognized credential, a …
“career and technical student organization” applies throughout its chapter
The term “career and technical student organization” means an organization for individuals enrolled in a career and technical education program that engages in career and technical education activities as an integral part of the instructional program. (B) State and national units An organization described in subparagraph (A) may have State and national units that aggregate the work and purposes of instruction in career and technical education at the local level. (7) Career guidance and academic counseling