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r/title-20-EDUCATION wiki — defined terms

The statute’s own glossary: every term Title 20 defines, in section order.

Nation’s parks and wilderness applies throughout its chapter

the term “Nation’s parks and wilderness” means units of the National Park System and components of the National Wilderness Preservation System;

Native Nations Institute applies throughout its chapter

the term “Native Nations Institute” means the Native Nations Institute for Leadership, Management, and Policy established at the University of Arizona in 2001;

State applies throughout its chapter

the term “State” means each of the several States, the District of Columbia, Guam, the Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federal States of Micronesia, and the Republic of Palau (until the Compact of Free Association is ratified); and;

Trust Fund applies throughout its chapter

the term “Trust Fund” means the Morris K. Udall and Stewart L. Udall Trust Fund established in section 5606 of this title .

advocacy group applies in that section

the terms “community”, “public”, and “advocacy group” include representatives of organizations advocating for the education of American Indian, Alaska Native, and Native Hawaiian children and Indian tribes;

all children applies in that section

the terms “all students” and “all children” mean students or children from a broad range of backgrounds and circumstances, including disadvantaged students and children, students or children with diverse racial, ethnic, and cultural backgrounds, American Indians, Alaska Natives, Native Hawaiians, students or children with disabilities, students or children with limited-English proficiency, school-aged students or children who have dropped out of school, migratory students or children, and academically talented students and children; (2) the term “Bureau”, unless otherwise provided, means the Bureau of Indian Affairs;

all students applies in that section

the terms “all students” and “all children” mean students or children from a broad range of backgrounds and circumstances, including disadvantaged students and children, students or children with diverse racial, ethnic, and cultural backgrounds, American Indians, Alaska Natives, Native Hawaiians, students or children with disabilities, students or children with limited-English proficiency, school-aged students or children who have dropped out of school, migratory students or children, and academically talented students and children; (2) the term “Bureau”, unless otherwise provided, means the Bureau of Indian Affairs;

community applies in that section

the terms “community”, “public”, and “advocacy group” include representatives of organizations advocating for the education of American Indian, Alaska Native, and Native Hawaiian children and Indian tribes;

content standards applies in that section

the term “content standards” means broad descriptions of the knowledge and skills students should acquire in a particular subject area;

Governor applies in that section

the term “Governor” means the chief executive of the State;

local educational agency applies in that section

the terms “local educational agency” and “State educational agency” have the meaning given such terms in section 8801 of this title ; 1;

outlying areas applies in that section

the term “outlying areas” means Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, Palau (until the effective date of the Compact of Free Association with the Government of Palau), the Republic of the Marshall Islands, and the Federated States of Micronesia;

performance standards applies in that section

the term “performance standards” means concrete examples and explicit definitions of what students have to know and be able to do to demonstrate that such students are proficient in the skills and knowledge framed by content standards;

public applies in that section

the terms “community”, “public”, and “advocacy group” include representatives of organizations advocating for the education of American Indian, Alaska Native, and Native Hawaiian children and Indian tribes;

related services applies in that section

the term “related services” has the same meaning given such term under section 1401 of this title ;

school applies in that section

the term “school” means a public school that is under the authority of the State educational agency or a local educational agency or, for the purpose of carrying out section 5895(b) 1 of this title, a school that is operated or funded by the Bureau; (12) the term “Secretary”, unless otherwise provided, means the Secretary of Education; and (13) the term “State”, unless otherwise provided, means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.

State assessment applies in that section

the term “State assessment” means measures of student performance which include at least 1 instrument of evaluation, and may include other measures of student performance, for a specific purpose and use which are intended to evaluate the progress of all students in the State toward learning the material in State content standards in 1 or more subject areas;

State educational agency applies in that section

the terms “local educational agency” and “State educational agency” have the meaning given such terms in section 8801 of this title ; 1;

educational service agency applies in that section

The terms “educational service agency”, “local educational agency”, “State educational agency”, and “outlying area” have the meanings given the terms in section 7801 of this title . (2) Eligible school attendance area; school attendance area

eligible school attendance area applies in that section

The terms “eligible school attendance area” and “school attendance area” have the meanings given the terms in section 6313(a)(2) of this title . (3) Secretary

local educational agency applies in that section

The terms “educational service agency”, “local educational agency”, “State educational agency”, and “outlying area” have the meanings given the terms in section 7801 of this title . (2) Eligible school attendance area; school attendance area

outlying area applies in that section

The terms “educational service agency”, “local educational agency”, “State educational agency”, and “outlying area” have the meanings given the terms in section 7801 of this title . (2) Eligible school attendance area; school attendance area

school attendance area applies in that section

The terms “eligible school attendance area” and “school attendance area” have the meanings given the terms in section 6313(a)(2) of this title . (3) Secretary

Secretary applies in that section

The term “Secretary” means the Secretary of Education. (4) State

State applies in that section

The term “State” means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each outlying area.

State educational agency applies in that section

The terms “educational service agency”, “local educational agency”, “State educational agency”, and “outlying area” have the meanings given the terms in section 7801 of this title . (2) Eligible school attendance area; school attendance area

eligible State applies in that section

the term “eligible State” means a State that— (A) has— (i) developed and implemented the challenging State academic standards, and aligned assessments, described in paragraphs (1) and (2) of section 1111(b) of the Elementary and Secondary Education Act of 1965 [ 20 U.S.C. 6311(b) ], and is producing the report cards required by section 1111(h) of such Act; or (ii) if the State has adopted new challenging State academic standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965, as a result of the amendments made to such Act [ 20 U.S.C.

eligible entity applies throughout its subchapter

the term “eligible entity” means a State educational agency, an institution of higher education or a State higher education agency, or a public or private nonprofit organization, with experience in coordinating or conducting teacher training seminars in American government and civics education, or a consortium thereof; and;

State higher education agency applies throughout its subchapter

the term “State higher education agency” means the officer or agency primarily responsible for the State supervision of higher education.

children with disabilities applies in that section

the term “children with disabilities” has the same meaning given such term in section 1401 of this title . (b) Study components The study conducted under subsection (a) shall include— (1) an evaluation of the National Education Goals and objectives, curriculum reforms, standards, and other programs and activities intended to achieve those goals; (2) a review of the adequacy of assessments and measures used to gauge progress towards meeting National Education Goals and any national and State standards, and an examination of other methods or accommodations necessary or desirable to collect data on the educational progress of children with disabilities, and the costs of such methods and …

children applies throughout its part

The term “children” means individuals who have not attained the age of 18. (2) Children’s services

children’s services applies throughout its part

The term “children’s services” means the provision on a routine or regular basis of health, day care, education, or library services— (A) that are funded, after March 31, 1994 , directly by the Federal Government or through State or local governments, by Federal grant, loan, loan guarantee, or contract programs— (i) administered by either the Secretary of Health and Human Services or the Secretary of Education (other than services provided and funded solely under titles XVIII and XIX of the Social Security Act [ 42 U.S.C.

indoor facility applies throughout its part

The term “indoor facility” means a building that is enclosed. (5) Secretary

person applies throughout its part

The term “person” means any State or local subdivision thereof, agency of such State or subdivision, corporation, or partnership that owns or operates or otherwise controls and provides children’s services or any individual who owns or operates or otherwise controls and provides such services. (4) Indoor facility

Secretary applies throughout its part

The term “Secretary” means the Secretary of Health and Human Services.

person applies in that section

the term “person” shall mean the head of the applicable Federal agency or the contractor of such agency providing the services to children. (2) Administrative proceeding A civil penalty may be assessed in a written notice, or an administrative compliance order may be issued, by the Secretary only after an opportunity for a hearing in accordance with section 554 of title 5 . Before making such assessment or issuing such order, or both, the Secretary shall give written notice thereof to such person by certified mail with return receipt and provide therein an opportunity to request in writing not later than 30 days after the date of receipt of such notice such hearing.

subgroup of students applies in that section

the term “subgroup of students” means— (A) economically disadvantaged students; (B) students from major racial and ethnic groups; (C) children with disabilities; and (D) English learners. (3) Minimum number of students Each State shall describe— (A) with respect to any provisions under this part that require disaggregation of information by each subgroup of students— (i) the minimum number of students that the State determines are necessary to be included to carry out such requirements and how that number is statistically sound, which shall be the same State-determined number for all students and for each subgroup of students in the State; (ii) how such minimum number of students was …

eligible school attendance area applies throughout its part

the term “eligible school attendance area” means a school attendance area in which the percentage of children from low-income families is at least as high as the percentage of children from low-income families served by the local educational agency as a whole.

school attendance area applies throughout its part

the term “school attendance area” means, in relation to a particular school, the geographical area in which the children who are normally served by that school reside; and;

outlying area applies in that section

the term “outlying area” means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (d) Allotment to the Secretary of the Interior (1) In general The amount allotted for payments to the Secretary of the Interior under subsection (a)(2) for any fiscal year shall be used, in accordance with such criteria as the Secretary may establish, to meet the unique educational needs of— (A) Indian children on reservations served by elementary schools and secondary schools for Indian children operated or supported by the Department of the Interior; and (B) out-of-State Indian children in elementary schools and secondary schools in local educational …

State applies in that section

the term “State” means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

large local educational agency applies in that section

the term “large local educational agency” means a local educational agency serving an area with a total population of 20,000 or more; and;

small local educational agency applies in that section

the term “small local educational agency” means a local educational agency serving an area with a total population of less than 20,000. (3) Allocations to counties (A) Calculation For any fiscal year to which this paragraph applies, the Secretary shall calculate grants under this section on the basis of the number of children counted under subsection (c) for counties, and State educational agencies shall suballocate county amounts to local educational agencies, in accordance with regulations issued by the Secretary.

local assessment applies in that section

The term “local assessment” means an academic assessment selected and carried out by a local educational agency that is separate from an assessment required under section 6311(b)(2) of this title . (2) State

State applies in that section

The term “State” means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

State applies throughout its part

the term “State” means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (d) Prohibition In making funds available to States under this part, the Secretary shall comply with the prohibitions described in section 7909 of this title .

innovative assessment system applies in that section

The term “innovative assessment system” means a system of assessments that may include— (1) competency-based assessments, instructionally embedded assessments, interim assessments, cumulative year-end assessments, or performance-based assessments that combine into an annual summative determination for a student, which may be administered through computer adaptive assessments; and (2) assessments that validate when students are ready to demonstrate mastery or proficiency and allow for differentiated student support based on individual learning needs.

local operating agency applies throughout its part

The term “local operating agency” means— (A) a local educational agency to which a State educational agency makes a subgrant under this part; (B) a public or private agency with which a State educational agency or the Secretary makes an arrangement to carry out a project under this part; or (C) a State educational agency, if the State educational agency operates the State’s migrant education program or projects directly. (2) Migratory agricultural worker

migratory agricultural worker applies throughout its part

The term “migratory agricultural worker” means an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in agriculture, which may be dairy work or the initial processing of raw agricultural products. If an individual did not engage in such new employment soon after a qualifying move, such individual may be considered a migratory agricultural worker if the individual actively sought such new employment and has a recent history of moves for temporary or seasonal agricultural employment. (3) Migratory child

migratory child applies throughout its part

The term “migratory child” means a child or youth who made a qualifying move in the preceding 36 months— (A) as a migratory agricultural worker or a migratory fisher; or (B) with, or to join, a parent or spouse who is a migratory agricultural worker or a migratory fisher. (4) Migratory fisher

migratory fisher applies throughout its part

The term “migratory fisher” means an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in fishing. If the individual did not engage in such new employment soon after the move, the individual may be considered a migratory fisher if the individual actively sought such new employment and has a recent history of moves for temporary or seasonal fishing employment. (5) Qualifying move

qualifying move applies throughout its part

The term “qualifying move” means a move due to economic necessity— (A) from one residence to another residence; and (B) from one school district to another school district, except— (i) in the case of a State that is comprised of a single school district, wherein a qualifying move is from one administrative area to another within such district; or (ii) in the case of a school district of more than 15,000 square miles, wherein a qualifying move is a distance of 20 miles or more to a temporary residence.

adult correctional institution applies throughout its part

The term “adult correctional institution” means a facility in which persons (including persons under 21 years of age) are confined as a result of a conviction for a criminal offense. (2) At-risk The term “at-risk”, when used with respect to a child, youth, or student, means a school aged individual who is at-risk of academic failure, dependency adjudication, or delinquency adjudication, has a drug or alcohol problem, is pregnant or is a parent, has come into contact with the juvenile justice system or child welfare system in the past, is at least 1 year behind the expected grade level for the age of the individual, is an English learner, is a gang member, has dropped out of school in the …

community day program applies throughout its part

The term “community day program” means a regular program of instruction provided by a State agency at a community day school operated specifically for neglected or delinquent children and youth. (4) Institution for neglected or delinquent children and youth

institution for neglected or delinquent children and youth applies throughout its part

The term “institution for neglected or delinquent children and youth” means— (A) a public or private residential facility, other than a foster home, that is operated for the care of children who have been committed to the institution or voluntarily placed in the institution under applicable State law, due to abandonment, neglect, or death of their parents or guardians; or (B) a public or private residential facility for the care of children who have been adjudicated to be delinquent or in need of supervision.

eligible Federal funds applies in that section

The term “eligible Federal funds” means funds received by a local educational agency under— (A) this subchapter; (B) subchapter II; (C) subchapter III; (D) part A of subchapter IV; and (E) part B of subchapter V. (2) High-poverty school

high-poverty school applies in that section

The term “high-poverty school” means a school that is in the highest 2 quartiles of schools served by a local educational agency, based on the percentage of enrolled students from low-income families.

school leader residency program applies throughout its subchapter

The term “school leader residency program” means a school-based principal or other school leader preparation program in which a prospective principal or other school leader— (A) for 1 academic year, engages in sustained and rigorous clinical learning with substantial leadership responsibilities and an opportunity to practice and be evaluated in an authentic school setting; and (B) during that academic year— (i) participates in evidence-based coursework, to the extent the State (in consultation with local educational agencies in the State) determines that such evidence is reasonably available, that is integrated with the clinical residency experience; and (ii) receives ongoing support from a …

State applies throughout its subchapter

The term “State” means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (3) State authorizer

State authorizer applies throughout its subchapter

The term “State authorizer” means an entity designated by the Governor of a State to recognize teacher, principal, or other school leader preparation academies within the State that— (A) enters into an agreement with a teacher, principal, or other school leader preparation academy that specifies the goals expected of the academy, as described in paragraph (4)(A)(i); (B) may be a nonprofit organization, State educational agency, or other public entity, or consortium of such entities (including a consortium of States); and (C) does not reauthorize a teacher, principal, or other school leader preparation academy if the academy fails to produce the minimum number or percentage of effective …

teacher residency program applies throughout its subchapter

The term “teacher residency program” means a school-based teacher preparation program in which a prospective teacher— (A) for not less than 1 academic year, teaches alongside an effective teacher, as determined by the State or local educational agency, who is the teacher of record for the classroom; (B) receives concurrent instruction during the year described in subparagraph (A)— (i) through courses that may be taught by local educational agency personnel or by faculty of the teacher preparation program; and (ii) in the teaching of the content area in which the teacher will become certified or licensed; and (C) acquires effective teaching skills, as demonstrated through completion of a …

teacher, principal, or other school leader preparation academy applies throughout its subchapter

The term “teacher, principal, or other school leader preparation academy” means a public or other nonprofit entity, which may be an institution of higher education or an organization affiliated with an institution of higher education, that establishes an academy that will prepare teachers, principals, or other school leaders to serve in high-needs schools, and that— (A) enters into an agreement with a State authorizer that specifies the goals expected of the academy, including— (i) a requirement that prospective teachers, principals, or other school leaders who are enrolled in the academy receive a significant part of their training through clinical preparation that partners the prospective …

eligible entity applies throughout its subpart

The term “eligible entity” means— (A) a local educational agency, including a charter school that is a local educational agency, or a consortium of local educational agencies; (B) a State educational agency or other State agency designated by the chief executive of a State to participate under this subpart; (C) the Bureau of Indian Education; or (D) a partnership consisting of— (i) 1 or more agencies described in subparagraph (A), (B), or (C); and (ii) at least 1 nonprofit or for-profit entity. (2) High-need school

high-need school applies throughout its subpart

The term “high-need school” means a public elementary school or secondary school that is located in an area in which the percentage of students from families with incomes below the poverty line is 30 percent or more. (3) Human capital management system

human capital management system applies throughout its subpart

The term “human capital management system” means a system— (A) by which a local educational agency makes and implements human capital decisions, such as decisions on preparation, recruitment, hiring, placement, retention, dismissal, compensation, professional development, tenure, and promotion; and (B) that includes a performance-based compensation system. (4) Performance-based compensation system

performance-based compensation system applies throughout its subpart

The term “performance-based compensation system” means a system of compensation for teachers, principals, or other school leaders— (A) that differentiates levels of compensation based in part on measurable increases in student academic achievement; and (B) which may include— (i) differentiated levels of compensation, which may include bonus pay, on the basis of the employment responsibilities and success of effective teachers, principals, or other school leaders in hard-to-staff schools or high-need subject areas; and (ii) recognition of the skills and knowledge of teachers, principals, or other school leaders as demonstrated through— (I) successful fulfillment of additional …

comprehensive literacy instruction applies throughout its subpart

The term “comprehensive literacy instruction” means instruction that— (A) includes developmentally appropriate, contextually explicit, and systematic instruction, and frequent practice, in reading and writing across content areas; (B) includes age-appropriate, explicit, systematic, and intentional instruction in phonological awareness, phonic decoding, vocabulary, language structure, reading fluency, and reading comprehension; (C) includes age-appropriate, explicit instruction in writing, including opportunities for children to write with clear purposes, with critical reasoning appropriate to the topic and purpose, and with specific instruction and feedback from instructional staff; (D) …

eligible entity applies throughout its subpart

The term “eligible entity” means an entity that consists of— (A) one or more local educational agencies that serve a high percentage of high-need schools and— (i) have the highest number or proportion of children who are counted under section 6333(c) of this title , in comparison to other local educational agencies in the State; (ii) are among the local educational agencies in the State with the highest number or percentages of children reading or writing below grade level, based on the most currently available State academic assessment data under section 6311(b)(2) of this title ; or (iii) serve a significant number or percentage of schools that are implementing comprehensive support and …

high-need school applies throughout its subpart

The term “high-need school” means— (i) an elementary school or middle school in which not less than 50 percent of the enrolled students are children from low-income families; or (ii) a high school in which not less than 40 percent of the enrolled students are children from low-income families, which may be calculated using comparable data from the schools that feed into the high school. (B) Low-income family For purposes of subparagraph (A),

low-income family applies throughout its subpart

the term “low-income family” means a family— (i) in which the children are eligible for a free or reduced-price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.); (ii) receiving assistance under the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq.); or (iii) in which the children are eligible to receive medical assistance under the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.).

eligible entity applies in that section

The term “eligible entity” means— (A) a local educational agency in which 20 percent or more of the students served by the local educational agency are from families with an income below the poverty line; (B) a consortium of such local educational agencies; (C) the Bureau of Indian Education; or (D) an eligible national nonprofit organization. (2) Eligible national nonprofit organization

eligible national nonprofit organization applies in that section

The term “eligible national nonprofit organization” means an organization of national scope that— (A) is supported by staff, which may include volunteers, or affiliates at the State and local levels; and (B) demonstrates effectiveness or high-quality plans for addressing childhood literacy activities for the population targeted by the grant.

eligible entity applies in that section

the term “eligible entity” means an institution of higher education or other nonprofit or for-profit organization with demonstrated expertise in the development of evidence-based approaches with the potential to improve the quality of American history, civics and government, or geography learning and teaching.

eligible entity applies in that section

the term “eligible entity” means— (1) an institution of higher education that provides course materials or resources that are evidence-based in increasing academic achievement, graduation rates, or rates of postsecondary education matriculation; (2) a national nonprofit entity with a demonstrated record of raising student academic achievement, graduation rates, and rates of higher education attendance, matriculation, or completion, or of effectiveness in providing preparation and professional development activities and programs for teachers, principals, or other school leaders; (3) the Bureau of Indian Education; or (4) a partnership consisting of— (A) 1 or more entities described in …

eligible entity applies in that section

The term “eligible entity” means— (A) a local educational agency, including an educational service agency, that serves a high-need school or a consortium of such agencies; (B) a State educational agency or a consortium of such agencies; (C) a State educational agency in partnership with 1 or more local educational agencies, or educational service agencies, that serve a high-need school; (D) the Bureau of Indian Education; or (E) an entity described in subparagraph (A), (B), (C), or (D) in partnership with 1 or more nonprofit organizations or institutions of higher education. (2) High-need school

high-need school applies in that section

The term “high-need school” means— (A) an elementary school in which not less than 50 percent of the enrolled students are from families with incomes below the poverty line; or (B) a secondary school in which not less than 40 percent of the enrolled students are from families with incomes below the poverty line.

STEM master teacher corps applies in that section

the term “STEM master teacher corps” means a State-led effort to elevate the status of the science, technology, engineering, and mathematics teaching profession by recognizing, rewarding, attracting, and retaining outstanding science, technology, engineering, and mathematics teachers, particularly in high-need and rural schools, by— (1) selecting candidates to be master teachers in the corps on the basis of— (A) content knowledge based on a screening examination; and (B) pedagogical knowledge of and success in teaching; (2) offering such teachers opportunities to— (A) work with one another in scholarly communities; and (B) participate in and lead high-quality professional development; and …

classified school employee applies throughout its subpart

The term “classified school employee” means an employee of a State or of any political subdivision of a State, or an employee of a nonprofit entity, who works in any grade from prekindergarten through high school in any of the following occupational specialties: (A) Paraprofessional, including paraeducator services. (B) Clerical and administrative services. (C) Transportation services. (D) Food and nutrition services. (E) Custodial and maintenance services. (F) Security services. (G) Health and student services. (H) Technical services. (I) Skilled trades. (2) Other definitions The terms used in this subpart have the meanings given the terms in section 7801 of this title .

child applies throughout its subchapter

The term “child” means any individual aged 3 through 21. (2) Community-based organization

community-based organization applies throughout its subchapter

The term “community-based organization” means a private nonprofit organization of demonstrated effectiveness, Indian tribe, or tribally sanctioned educational authority, that is representative of a community or significant segments of a community and that provides educational or related services to individuals in the community. Such term includes a Native Hawaiian or Native American Pacific Islander native language educational organization. (3) Eligible entity

eligible entity applies throughout its subchapter

The term “eligible entity” means— (A) one or more local educational agencies; or (B) one or more local educational agencies, in consortia or collaboration with an institution of higher education, educational service agency, community-based organization, or State educational agency. (4) English learner with a disability

English learner with a disability applies throughout its subchapter

The term “English learner with a disability” means an English learner who is also a child with a disability, as that term is defined in section 1401 of this title . (5) Immigrant children and youth

immigrant children and youth applies throughout its subchapter

The term “immigrant children and youth” means individuals who— (A) are aged 3 through 21; (B) were not born in any State; and (C) have not been attending one or more schools in any one or more States for more than 3 full academic years. (6) Indian tribe

Indian tribe applies throughout its subchapter

The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including any Native village or Regional Corporation or Village Corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act [ 43 U.S.C. 1601 et seq.], that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (7) Language instruction educational program

language instruction educational program applies throughout its subchapter

The term “language instruction educational program” means an instruction course— (A) in which an English learner is placed for the purpose of developing and attaining English proficiency, while meeting challenging State academic standards; and (B) that may make instructional use of both English and a child’s native language to enable the child to develop and attain English proficiency, and may include the participation of English proficient children if such course is designed to enable all participating children to become proficient in English and a second language.

paraprofessional applies throughout its subchapter

The term “paraprofessional” means an individual who is employed in a preschool, elementary school, or secondary school under the supervision of a certified or licensed teacher, including individuals employed in language instruction educational programs, special education, and migrant education. (12) Specially qualified agency

specially qualified agency applies throughout its subchapter

The term “specially qualified agency” means an eligible entity in a State whose State educational agency— (A) does not participate in a program under subpart 1 of part A for a fiscal year; or (B) submits a plan (or any amendment to a plan) that the Secretary, after reasonable notice and opportunity for a hearing, determines does not satisfy the requirements of such subpart. (13) State

State applies throughout its subchapter

The term “State” means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (14) Tribally sanctioned educational authority

tribally sanctioned educational authority applies throughout its subchapter

The term “tribally sanctioned educational authority” means— (A) any department or division of education operating within the administrative structure of the duly constituted governing body of an Indian tribe; and (B) any nonprofit institution or organization that is— (i) chartered by the governing body of an Indian tribe to operate a school described in section 6822(a) of this title or otherwise to oversee the delivery of educational services to members of the tribe; and (ii) approved by the Secretary for the purpose of carrying out programs under subpart 1 of part A for individuals served by a school described in section 6822(a) of this title .

blended learning applies throughout its subpart

The term “blended learning” means a formal education program that leverages both technology-based and face-to-face instructional approaches— (A) that include an element of online or digital learning, combined with supervised learning time, and student-led learning, in which the elements are connected to provide an integrated learning experience; and (B) in which students are provided some control over time, path, or pace. (2) Controlled substance

controlled substance applies throughout its subpart

The term “controlled substance” means a drug or other substance identified under Schedule I, II, III, IV, or V in section 812(c) of title 21 . (3) Digital learning

digital learning applies throughout its subpart

The term “digital learning” means any instructional practice that effectively uses technology to strengthen a student’s learning experience and encompasses a wide spectrum of tools and practices, including— (A) interactive learning resources, digital learning content (which may include openly licensed content), software, or simulations, that engage students in academic content; (B) access to online databases and other primary source documents; (C) the use of data and information to personalize learning and provide targeted supplementary instruction; (D) online and computer-based assessments; (E) learning environments that allow for rich collaboration and communication, which may include …

drug applies throughout its subpart

The term “drug” includes— (A) controlled substances; (B) the illegal use of alcohol or tobacco, including smokeless tobacco products and electronic cigarettes; and (C) the harmful, abusive, or addictive use of substances, including inhalants and anabolic steroids. (5) Drug and violence prevention

drug and violence prevention applies throughout its subpart

The term “drug and violence prevention” means— (A) with respect to drugs, prevention, early intervention, rehabilitation referral, recovery support services, or education related to the illegal use of drugs, such as raising awareness about the consequences of drug use that are evidence-based (to the extent a State, in consultation with local educational agencies in the State, determines that such evidence is reasonably available); and (B) with respect to violence, the promotion of school safety, such that students and school personnel are free from violent and disruptive acts, including sexual harassment and abuse, and victimization associated with prejudice and intolerance, on school …

school-based mental health services provider applies throughout its subpart

The term “school-based mental health services provider” includes a State-licensed or State-certified school counselor, school psychologist, school social worker, or other State licensed or certified mental health professional qualified under State law to provide mental health services to children and adolescents. (7) State

State applies throughout its subpart

The term “State” means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (8) Stem-focused specialty school

STEM-focused specialty school applies throughout its subpart

The term “STEM-focused specialty school” means a school, or dedicated program within a school, that engages students in rigorous, relevant, and integrated learning experiences focused on science, technology, engineering, and mathematics, including computer science, which include authentic schoolwide research.

child pornography applies throughout its subpart

The term “child pornography” has the meaning given that term in section 2256 of title 18 . (6) Harmful to minors

computer applies throughout its subpart

The term “computer” includes any hardware, software, or other technology attached or connected to, installed in, or otherwise used in connection with a computer. (2) Access to Internet A computer shall be considered to have access to the Internet if such computer is equipped with a modem or is connected to a computer network that has access to the Internet.

harmful to minors applies throughout its subpart

The term “harmful to minors” means any picture, image, graphic image file, or other visual depiction that— (A) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; (B) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and (C) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors. (7) Obscene

minor applies throughout its subpart

The term “minor” means an individual who has not attained the age of 17. (5) Child pornography

obscene applies throughout its subpart

The term “obscene” has the meaning applicable to that term under section 1460 of title 18 . (8) Sexual act and sexual contact

sexual act applies throughout its subpart

The terms “sexual act” and “sexual contact” have the meanings given those terms in section 2246 of title 18 . (f) Severability If any provision of this section is held invalid, the remainder of this section shall not be affected thereby.

sexual contact applies throughout its subpart

The terms “sexual act” and “sexual contact” have the meanings given those terms in section 2246 of title 18 . (f) Severability If any provision of this section is held invalid, the remainder of this section shall not be affected thereby.

community learning center applies throughout its part

The term “community learning center” means an entity that— (A) assists students to meet the challenging State academic standards by providing the students with academic enrichment activities and a broad array of other activities (such as programs and activities described in subsection (a)(2)) during nonschool hours or periods when school is not in session (such as before and after school or during summer recess) that— (i) reinforce and complement the regular academic programs of the schools attended by the students served; and (ii) are targeted to the students’ academic needs and aligned with the instruction students receive during the school day; and (B) offers families of students served …

covered program applies throughout its part

The term “covered program” means a program for which— (A) the Secretary made a grant under this part (as this part was in effect on the day before the effective date of this part under the Every Student Succeeds Act); and (B) the grant period had not ended on that effective date. (3) Eligible entity

eligible entity applies throughout its part

The term “eligible entity” means a local educational agency, community-based organization, Indian tribe or tribal organization (as such terms are defined in section 5304 of title 25 ), another public or private entity, or a consortium of 2 or more such agencies, organizations, or entities. (4) External organization

external organization applies throughout its part

The term “external organization” means— (A) a nonprofit organization with a record of success in running or working with before and after school (or summer recess) programs and activities; or (B) in the case of a community where there is no such organization, a nonprofit organization in the community that enters into a written agreement or partnership with an organization described in subparagraph (A) to receive mentoring and guidance in running or working with before and after school (or summer recess) programs and activities. (5) Rigorous peer-review process

rigorous peer-review process applies throughout its part

The term “rigorous peer-review process” means a process by which— (A) employees of a State educational agency who are familiar with the programs and activities assisted under this part review all applications that the State receives for awards under this part for completeness and applicant eligibility; (B) the State educational agency selects peer reviewers for such applications, who shall— (i) be selected for their expertise in providing effective academic, enrichment, youth development, and related services to children; and (ii) not include any applicant, or representative of an applicant, that has submitted an application under this part for the current application period; and (C) the …

State applies throughout its part

The term “State” means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

State entity applies in that section

the term “State entity” means— (1) a State educational agency; (2) a State charter school board; (3) a Governor of a State; or (4) a charter school support organization. (b) Program authorized From the amount available under section 7221a(b)(3) of this title , the Secretary shall award, on a competitive basis, grants to State entities having applications approved under subsection (f) to enable such entities to— (1) award subgrants to eligible applicants to enable eligible applicants to— (A) open and prepare for the operation of new charter schools; (B) open and prepare for the operation of replicated high-quality charter schools; or (C) expand high-quality charter schools; and (2) provide …

eligible entity applies in that section

the term “eligible entity” means— (A) a public entity, such as a State or local governmental entity; (B) a private nonprofit entity; or (C) a consortium of entities described in subparagraphs (A) and (B). (b) Grantee selection The Secretary shall evaluate each application submitted under subsection (d), and shall determine whether the application is sufficient to merit approval. (c) Grant characteristics Grants under subsection (a) shall be of sufficient size, scope, and quality so as to ensure an effective demonstration of an innovative means of enhancing credit for the financing of charter school acquisition, construction, or renovation.

per-pupil facilities aid program applies in that section

the term “per-pupil facilities aid program” means a program in which a State makes payments, on a per-pupil basis, to charter schools to provide the schools with financing— (A) that is dedicated solely to funding charter school facilities; or (B) a portion of which is dedicated for funding charter school facilities. (2) Grants (A) In general From the amount reserved under section 7221a(b)(1) of this title and remaining after the Secretary makes grants under subsection (a), the Secretary shall make grants, on a competitive basis, to States to pay for the Federal share of the cost of establishing or enhancing, and administering, per-pupil facilities aid programs.

eligible entity applies in that section

the term “eligible entity” means a charter management organization. (3) Application requirements An eligible entity desiring to receive a grant under this subsection shall submit an application to the Secretary at such time and in such manner as the Secretary may require.

authorized public chartering agency applies throughout its part

The term “authorized public chartering agency” means a State educational agency, local educational agency, or other public entity that has the authority pursuant to State law and approved by the Secretary to authorize or approve a charter school. (2) Charter school

charter management organization applies throughout its part

The term “charter management organization” means a nonprofit organization that operates or manages a network of charter schools linked by centralized support, operations, and oversight. (4) Charter school support organization

charter school applies throughout its part

The term “charter school” means a public school that— (A) in accordance with a specific State statute authorizing the granting of charters to schools, is exempt from significant State or local rules that inhibit the flexible operation and management of public schools, but not from any rules relating to the other requirements of this paragraph; (B) is created by a developer as a public school, or is adapted by a developer from an existing public school, and is operated under public supervision and direction; (C) operates in pursuit of a specific set of educational objectives determined by the school’s developer and agreed to by the authorized public chartering agency; (D) provides a program …

charter school support organization applies throughout its part

The term “charter school support organization” means a nonprofit, nongovernmental entity that is not an authorized public chartering agency and provides, on a statewide basis— (A) assistance to developers during the planning, program design, and initial implementation of a charter school; and (B) technical assistance to operating charter schools. (5) Developer

developer applies throughout its part

The term “developer” means an individual or group of individuals (including a public or private nonprofit organization), which may include teachers, administrators and other school staff, parents, or other members of the local community in which a charter school project will be carried out. (6) Eligible applicant

eligible applicant applies throughout its part

The term “eligible applicant” means a developer that has— (A) applied to an authorized public chartering authority to operate a charter school; and (B) provided adequate and timely notice to that authority. (7) Expand The term “expand”, when used with respect to a high-quality charter school, means to significantly increase enrollment or add one or more grades to the high-quality charter school. (8) High-quality charter school

high-quality charter school applies throughout its part

The term “high-quality charter school” means a charter school that— (A) shows evidence of strong academic results, which may include strong student academic growth, as determined by a State; (B) has no significant issues in the areas of student safety, financial and operational management, or statutory or regulatory compliance; (C) has demonstrated success in significantly increasing student academic achievement, including graduation rates where applicable, for all students served by the charter school; and (D) has demonstrated success in increasing student academic achievement, including graduation rates where applicable, for each of the subgroups of students, as defined in section …

magnet school applies throughout its part

the term “magnet school” means a public elementary school, public secondary school, public elementary education center, or public secondary education center that offers a special curriculum capable of attracting substantial numbers of students of different racial backgrounds.

eligible entity applies throughout its subpart

the term “eligible entity” means any of the following: (1) A local educational agency. (2) A State educational agency. (3) The Bureau of Indian Education. (4) A consortium of State educational agencies or local educational agencies. (5) A nonprofit organization. (6) A State educational agency, a local educational agency, a consortium described in paragraph (4), or the Bureau of Indian Education, in partnership with— (A) a nonprofit organization; (B) a business; (C) an educational service agency; or (D) an institution of higher education.

eligible entity applies throughout its subpart

The term “eligible entity” means the following: (A) With respect to a grant for activities described in section 7273(a)(1)(A) of this title — (i) an institution of higher education, as defined in section 1002 of this title ; (ii) an Indian tribe or tribal organization, as defined in section 5304 of title 25 ; or (iii) one or more nonprofit entities working in formal partnership with not less than 1 of the following entities: (I) A high-need local educational agency. (II) An institution of higher education, as defined in section 1002 of this title . (III) The office of a chief elected official of a unit of local government.

full-service community school applies throughout its subpart

The term “full-service community school” means a public elementary school or secondary school that— (A) participates in a community-based effort to coordinate and integrate educational, developmental, family, health, and other comprehensive services through community-based organizations and public and private partnerships; and (B) provides access to such services in school to students, families, and the community, such as access during the school year (including before- and after-school hours and weekends), as well as during the summer. (3) Pipeline services

pipeline services applies throughout its subpart

The term “pipeline services” means a continuum of coordinated supports, services, and opportunities for children from birth through entry into and success in postsecondary education, and career attainment. Such services shall include, at a minimum, strategies to address through services or programs (including integrated student supports) the following: (A) High-quality early childhood education programs. (B) High-quality school and out-of-school-time programs and strategies.

eligible entity applies in that section

the term “eligible entity” means— (1) a local educational agency, as defined in subparagraph (A), (B), or (C) of section 7801(30) of this title , or institution of higher education in which the learning environment has been disrupted due to a violent or traumatic crisis; or (2) the Bureau of Indian Education in a case where the learning environment of a school operated or funded by the Bureau, including a school meeting the definition of a local educational agency under section 7801(30)(C) of this title , has been disrupted due to a violent or traumatic crisis.

eligible entity applies in that section

The term “eligible entity” means— (A) a local educational agency in which 20 percent or more of the students served by the local educational agency are from families with an income below the poverty line; (B) a consortium of such local educational agencies; (C) a State educational agency; (D) an institution of higher education; (E) a museum or cultural institution; (F) the Bureau of Indian Education; (G) an eligible national nonprofit organization; or (H) another private agency, institution, or organization. (2) Eligible national nonprofit organization

eligible national nonprofit organization applies in that section

The term “eligible national nonprofit organization” means an organization of national scope that— (A) is supported by staff, which may include volunteers, or affiliates at the State and local levels; and (B) demonstrates effectiveness or high-quality plans for addressing arts education activities for disadvantaged students or students who are children with disabilities.

applicable funding applies in that section

the term “applicable funding” means funds provided under any of the following provisions: (1) Part A of subchapter II. (2) Part A of subchapter IV. (d) Disbursement Each State educational agency that receives applicable funding for a fiscal year shall disburse the applicable funding to local educational agencies for alternative uses under this section for the fiscal year at the same time as the State educational agency disburses the applicable funding to local educational agencies that do not intend to use the applicable funding for such alternative uses for the fiscal year.

specially qualified agency applies throughout its subpart

the term “specially qualified agency” means an eligible local educational agency served by a State educational agency that does not participate in a program under this subpart in a fiscal year, that may apply directly to the Secretary for a grant in such year under this subsection.

Indian community-based organization applies in that section

the term “Indian community-based organization” means any organization that— (A) is composed primarily of Indian parents, family members, and community members, tribal government education officials, and tribal members, from a specific community; (B) assists in the social, cultural, and educational development of Indians in such community; (C) meets the unique cultural, language, and academic needs of Indian students; and (D) demonstrates organizational and administrative capacity to manage the grant.

Secretary applies in that section

the term “Secretary” means— (1) the Secretary of the Interior, in the case of an entity meeting the definition of a contract or grant school under title XI of the Education Amendments of 1978 [ 25 U.S.C. 2001 et seq.]; or (2) the Secretary of Education, in the case of any other entity.

eligible entity applies in that section

the term “eligible entity” means a State educational agency, local educational agency, Indian tribe, Indian organization, federally supported elementary school or secondary school for Indian students, a Tribal College or University (as defined in section 1059c(b) of this title ), or a consortium of such entities.

eligible entity applies in that section

the term “eligible entity” means— (1) an institution of higher education, including a Tribal College or University, as defined in section 1059c(b) of this title ; (2) a State educational agency or local educational agency, in consortium with an institution of higher education; (3) an Indian tribe or organization, in consortium with an institution of higher education; and (4) a Bureau-funded school (as defined in section 2026 1 of title 25) in a consortium with at least one Tribal College or University, as defined in section 1059c(b) of this title , where feasible.

eligible applicant applies in that section

the term “eligible applicant” means— (A) an Indian tribe or tribal organization approved by an Indian tribe; or (B) a tribal educational agency. (2) Indian tribe

Indian tribe applies in that section

The term “Indian tribe” means a federally recognized tribe or a State-recognized tribe. (3) Tribal educational agency

tribal educational agency applies in that section

The term “tribal educational agency” means the agency, department, or instrumentality of an Indian tribe that is primarily responsible for supporting tribal students’ elementary and secondary education.

eligible entity applies in that section

the term “eligible entity” means any of the following entities that has a plan to develop and maintain, or to improve and expand, programs that support the entity’s use of a Native American or Alaska Native language as the primary language of instruction in elementary schools or secondary schools, or both: (A) An Indian tribe. (B) A Tribal College or University (as defined in section 1059c of this title ). (C) A tribal education agency. (D) A local educational agency, including a public charter school that is a local educational agency under State law. (E) A school operated by the Bureau of Indian Education.

elementary school applies in that section

The terms “elementary school”, “local educational agency”, “secondary school”, and “State educational agency” have the meanings given the terms in section 7801 of this title . (2) Eligible entity

eligible entity applies in that section

The term “eligible entity” means— (A) an institution of higher education; (B) an entity within an institution of higher education with dedicated expertise in Native American language and culture education; or (C) a consortium that includes 1 or more institutions of higher education or 1 or more entities described in subparagraph (B). (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 1001 of this title . (4) Native American; Native American language

local educational agency applies in that section

The terms “elementary school”, “local educational agency”, “secondary school”, and “State educational agency” have the meanings given the terms in section 7801 of this title . (2) Eligible entity

Native American applies in that section

The terms “Native American” and “Native American language” have the meanings given those terms in section 103 of the Native American Languages Act ( 25 U.S.C. 2902 ). (f) Authorization of appropriations There are authorized to be appropriated to carry out this section, $3,000,000 for each fiscal year.

Native American language applies in that section

The terms “Native American” and “Native American language” have the meanings given those terms in section 103 of the Native American Languages Act ( 25 U.S.C. 2902 ). (f) Authorization of appropriations There are authorized to be appropriated to carry out this section, $3,000,000 for each fiscal year.

secondary school applies in that section

The terms “elementary school”, “local educational agency”, “secondary school”, and “State educational agency” have the meanings given the terms in section 7801 of this title . (2) Eligible entity

State educational agency applies in that section

The terms “elementary school”, “local educational agency”, “secondary school”, and “State educational agency” have the meanings given the terms in section 7801 of this title . (2) Eligible entity

adult applies throughout its part

The term “adult” means an individual who— (A) has attained the age of 16 years; or (B) has attained an age that is greater than the age of compulsory school attendance under an applicable State law. (2) Free public education

free public education applies throughout its part

The term “free public education” means education that is— (A) provided at public expense, under public supervision and direction, and without tuition charge; and (B) provided as elementary or secondary education in the applicable State or to preschool children. (3) Indian

Indian applies throughout its part

The term “Indian” means an individual who is— (A) a member of an Indian tribe or band, as membership is defined by the tribe or band, including— (i) any tribe or band terminated since 1940; and (ii) any tribe or band recognized by the State in which the tribe or band resides; (B) a descendant, in the first or second degree, of an individual described in subparagraph (A); (C) considered by the Secretary of the Interior to be an Indian for any purpose; (D) an Eskimo, Aleut, or other Alaska Native; or (E) 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 . (4) Traditional leaders