r/title-20-EDUCATION wiki — defined terms
The statute’s own glossary: every term Title 20 defines, in section order.
“traditional leaders” applies throughout its part
The term “traditional leaders” has the meaning given the term in section 2902 of title 25 .
“community consultation” applies throughout its part
The term “community consultation” means a public gathering— (A) to discuss Native Hawaiian education concerns; and (B) about which the public has been given not less than 30 days notice. (2) Native Hawaiian
“Native Hawaiian” applies throughout its part
The term “Native Hawaiian” means any individual who is— (A) a citizen of the United States; and (B) a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now comprises the State of Hawaii, as evidenced by— (i) genealogical records; (ii) Kupuna (elders) or Kamaaina (long-term community residents) verification; or (iii) certified birth records. (3) Native Hawaiian community-based organization
“Native Hawaiian community-based organization” applies throughout its part
The term “Native Hawaiian community-based organization” means any organization that is composed primarily of Native Hawaiians from a specific community and that assists in the social, cultural, and educational development of Native Hawaiians in that community. (4) Native Hawaiian educational organization
“Native Hawaiian educational organization” applies throughout its part
The term “Native Hawaiian educational organization” means a private nonprofit organization that— (A) serves the interests of Native Hawaiians; (B) has Native Hawaiians in substantive and policymaking positions within the organization; (C) incorporates Native Hawaiian perspective, values, language, culture, and traditions into the core function of the organization; (D) has demonstrated expertise in the education of Native Hawaiian youth; and (E) has demonstrated expertise in research and program development. (5) Native Hawaiian language
“Native Hawaiian language” applies throughout its part
The term “Native Hawaiian language” means the single Native American language indigenous to the original inhabitants of the State of Hawaii. (6) Native Hawaiian organization
“Native Hawaiian organization” applies throughout its part
The term “Native Hawaiian organization” means a private nonprofit organization that— (A) serves the interests of Native Hawaiians; (B) has Native Hawaiians in substantive and policymaking positions within the organization; and (C) is recognized by the Governor of Hawaii for the purpose of planning, conducting, or administering programs (or portions of programs) for the benefit of Native Hawaiians. (7) Office of Hawaiian Affairs
“Office of Hawaiian Affairs” applies throughout its part
The term “Office of Hawaiian Affairs” means the Office of Hawaiian Affairs established by the Constitution of the State of Hawaii.
“Alaska Native” applies throughout its part
The term “Alaska Native” has the same meaning as the term “Native” has in section 1602(b) of title 43 and includes the descendants of individuals so defined. (2) Alaska Native organization
“Alaska Native organization” applies throughout its part
The term “Alaska Native organization” means an organization that has or commits to acquire expertise in the education of Alaska Natives and is— (A) an Indian tribe, as defined in section 5304 of title 25 , that is an Indian tribe located in Alaska; (B) a “tribal organization”, as defined in section 5304 of title 25 , that is a tribal organization located in Alaska; or (C) an organization listed in clauses (i) through (xii) of section 619(4)(B) of title 42 , or the successor of an entity so listed.
“local educational agency” applies in that section
the term “local educational agency” has the meaning given that term in section 7713 of this title .
“base closure process” applies in that section
The term “base closure process” means the 2005 base closure and realignment process authorized by Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note) or any base closure and realignment process conducted after January 6, 2006 , under section 2687 of title 10 or any other similar law enacted after January 6, 2006 .;
“local educational agency” applies in that section
The term “local educational agency” has the meaning given that term in section 7713(9) of this title . (3) The term “military dependent students” refers to— (A) elementary and secondary school students who are dependents of members of the Armed Forces; and (B) elementary and secondary school students who are dependents of civilian employees of the Department of Defense.;
“State” applies in that section
The term “State” means each of the 50 States and the District of Columbia.
“base closure law” applies in that section
The term “base closure law” has the meaning given that term in section 101 of title 10 .;
“local educational agency” applies in that section
The term “local educational agency” has the meaning given that term in section 7713(9) of this title . (3) The term “military dependent students” refers to— (A) elementary and secondary school students who are dependents of members of the Armed Forces; (B) elementary and secondary school students who are dependents of civilian employees of the Department of Defense; and (C) elementary and secondary school students who are dependents of personnel who are not members of the Armed Forces or civilian employees of the Department of Defense but who are employed on Federal property.
“base closure process” applies in that section
The term “base closure process” means any base closure and realignment process conducted after December 23, 2022 , under section 2687 of title 10 or any other similar law enacted after that date.;
“local educational agency” applies in that section
The term “local educational agency” has the meaning given that term in section 7713(9) of this title .;
“military dependent students” applies in that section
The term “military dependent students” means— (A) elementary and secondary school students who are dependents of members of the Armed Forces; and (B) elementary and secondary school students who are dependents of civilian employees of the Department of Defense.;
“State” applies in that section
The term “State” means each of the several States and the District of Columbia.
“Armed Forces” applies throughout its subchapter
The term “Armed Forces” means the Army, Navy, Air Force, Marine Corps, and Coast Guard. (2) Average per-pupil expenditure
“average per-pupil expenditure” applies throughout its subchapter
The term “average per-pupil expenditure” means— (A) the aggregate current expenditures of all local educational agencies in the State; divided by (B) the total number of children in average daily attendance for whom such agencies provided free public education. (3) Construction
“construction” applies throughout its subchapter
The term “construction” means— (A) the preparation of drawings and specifications for school facilities; (B) erecting, building, acquiring, altering, remodeling, repairing, or extending school facilities; (C) inspecting and supervising the construction of school facilities; and (D) debt service for such activities. (4) Current expenditures
“current expenditures” applies throughout its subchapter
The term “current expenditures” means expenditures for free public education, including expenditures for administration, instruction, attendance and health services, pupil transportation services, operation and maintenance of plant, fixed charges, and net expenditures to cover deficits for food services and student body activities, but does not include expenditures for community services, capital outlay, and debt service, or any expenditures made from funds awarded under part A of subchapter I.
“Federal property” applies throughout its subchapter
the term “Federal property” means real property that is not subject to taxation by any State or any political subdivision of a State due to Federal agreement, law, or policy, and that is— (i) owned by the United States or leased by the United States from another entity; (ii) (I) held in trust by the United States for individual Indians or Indian tribes; (II) held by individual Indians or Indian tribes subject to restrictions on alienation imposed by the United States; (III) conveyed at any time under the Alaska Native Claims Settlement Act [ 43 U.S.C.
“free public education” applies in that section
The term “free public education” means education that is provided— (A) at public expense, under public supervision and direction, and without tuition charge; and (B) as elementary or secondary education, as determined under State law, except that, notwithstanding State law, such term— (i) includes preschool education; and (ii) does not include any education provided beyond grade 12. (7) Indian lands
“Indian lands” applies in that section
The term “Indian lands” means any Federal property described in paragraph (5)(A)(ii) or (5)(F). (8) Local contribution percentage (A) In general
“local contribution percentage” applies in that section
The term “local contribution percentage” means the percentage of current expenditures in the State derived from local and intermediate sources, as reported to and verified by the National Center for Education Statistics. (B) Hawaii and District of Columbia Notwithstanding subparagraph (A), the local contribution percentage for Hawaii and for the District of Columbia shall be the average local contribution percentage for the 50 States and the District of Columbia. (9) Local educational agency (A) In general Except as provided in subparagraph (B),
“local educational agency” applies in that section
the term “local educational agency”— (i) means a board of education or other legally constituted local school authority having administrative control and direction of free public education in a county, township, independent school district, or other school district; and (ii) includes any State agency that directly operates and maintains facilities for providing free public education.
“low-rent housing” applies in that section
The term “low-rent housing” means housing located on property that is described in paragraph (5)(A)(iii). (11) Modernization
“modernization” applies in that section
The term “modernization” means repair, renovation, alteration, or construction, including— (A) the concurrent installation of equipment; and (B) the complete or partial replacement of an existing school facility, but only if such replacement is less expensive and more cost-effective than repair, renovation, or alteration of the school facility. (12) Revenue derived from local sources
“revenue derived from local sources” applies in that section
The term “revenue derived from local sources” means— (A) revenue produced within the boundaries of a local educational agency and available to such agency for such agency’s use; or (B) funds collected by another governmental unit, but distributed back to a local educational agency in the same proportion as such funds were collected as a local revenue source. (13) School facilities
“school facilities” applies in that section
The term “school facilities” includes— (A) classrooms and related facilities; and (B) equipment, machinery, and utilities necessary or appropriate for school purposes.
“average daily attendance” applies throughout its chapter
the term “average daily attendance” means— (i) the aggregate number of days of attendance of all students during a school year; divided by (ii) the number of days school is in session during that year. (B) Conversion The Secretary shall permit the conversion of average daily membership (or other similar data) to average daily attendance for local educational agencies in States that provide State aid to local educational agencies on the basis of average daily membership (or other similar data).
“average per-pupil expenditure” applies throughout its chapter
The term “average per-pupil expenditure” means, in the case of a State or of the United States— (A) without regard to the source of funds— (i) the aggregate current expenditures, during the third fiscal year preceding the fiscal year for which the determination is made (or, if satisfactory data for that year are not available, during the most recent preceding fiscal year for which satisfactory data are available) of all local educational agencies in the State or, in the case of the United States, for all States (which, for the purpose of this paragraph, means the 50 States and the District of Columbia); plus (ii) any direct current expenditures by the State for the operation of those …
“child” applies in that section
The term “child” means any person within the age limits for which the State provides free public education. (4) Child with a disability
“child with a disability” applies in that section
The term “child with a disability” has the same meaning given that term in section 1401 of this title . (5) Community-based organization
“community-based organization” applies in that section
The term “community-based organization” means a public or private nonprofit organization of demonstrated effectiveness that— (A) is representative of a community or significant segments of a community; and (B) provides educational or related services to individuals in the community. (6) Consolidated local application
“consolidated local application” applies in that section
The term “consolidated local application” means an application submitted by a local educational agency pursuant to section 7845 of this title . (7) Consolidated local plan
“consolidated local plan” applies in that section
The term “consolidated local plan” means a plan submitted by a local educational agency pursuant to section 7845 of this title . (8) Consolidated State application
“consolidated State application” applies in that section
The term “consolidated State application” means an application submitted by a State educational agency pursuant to section 7842 of this title . (9) Consolidated State plan
“consolidated State plan” applies in that section
The term “consolidated State plan” means a plan submitted by a State educational agency pursuant to section 7842 of this title . (10) County
“county” applies in that section
The term “county” means one of the divisions of a State used by the Secretary of Commerce in compiling and reporting data regarding counties. (11) Covered program
“covered program” applies in that section
The term “covered program” means each of the programs authorized by— (A) part A of subchapter I; (B) part C of subchapter I; (C) part D of subchapter I; (D) part A of subchapter II; (E) part A of subchapter III; (F) part A of subchapter IV; (G) part B of subchapter IV; and (H) subpart 2 of part B of subchapter V. (12) Current expenditures
“current expenditures” applies in that section
The term “current expenditures” means expenditures for free public education— (A) including expenditures for administration, instruction, attendance and health services, pupil transportation services, operation and maintenance of plant, fixed charges, and net expenditures to cover deficits for food services and student body activities; but (B) not including expenditures for community services, capital outlay, and debt service, or any expenditures made from funds received under subchapter I. (13) Department
“Department” applies in that section
The term “Department” means the Department of Education. (14) Distance learning
“distance learning” applies in that section
The term “distance learning” means the transmission of educational or instructional programming to geographically dispersed individuals and groups via telecommunications. (15) Dual or concurrent enrollment program
“dual or concurrent enrollment program” applies in that section
The term “dual or concurrent enrollment program” means a program offered by a partnership between at least one institution of higher education and at least one local educational agency through which a secondary school student who has not graduated from high school with a regular high school diploma is able to enroll in one or more postsecondary courses and earn postsecondary credit that— (A) is transferable to the institutions of higher education in the partnership; and (B) applies toward completion of a degree or recognized educational credential as described in the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq.). (16) Early childhood education program
“early childhood education program” applies in that section
The term “early childhood education program” has the meaning given the term in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 ). (17) Early college high school
“early college high school” applies in that section
The term “early college high school” means a partnership between at least one local educational agency and at least one institution of higher education that allows participants to simultaneously complete requirements toward earning a regular high school diploma and earn not less than 12 credits that are transferable to the institutions of higher education in the partnership as part of an organized course of study toward a postsecondary degree or credential at no cost to the participant or participant’s family. (18) Educational service agency
“educational service agency” applies in that section
The term “educational service agency” means a regional public multiservice agency authorized by State statute to develop, manage, and provide services or programs to local educational agencies. (19) Elementary school
“elementary school” applies in that section
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. (20) English learner The term “English learner”, when used with respect to an individual, means an individual— (A) who is aged 3 through 21; (B) who is enrolled or preparing to enroll in an elementary school or secondary school; (C) (i) who was not born in the United States or whose native language is a language other than English; (ii) (I) who is a Native American or Alaska Native, or a native resident of the outlying areas; and (II) who comes from an environment where a language other than …
“evidence-based” applies in that section
the term “evidence-based” means a State, local educational agency, or school activity, strategy, or intervention that meets the requirements of subclause (I), (II), or (III) of subparagraph (A)(i). (22) Expanded learning time
“expanded learning time” applies in that section
The term “expanded learning time” means using a longer school day, week, or year schedule to significantly increase the total number of school hours, in order to include additional time for— (A) activities and instruction for enrichment as part of a well-rounded education; and (B) instructional and support staff to collaborate, plan, and engage in professional development (including professional development on family and community engagement) within and across grades and subjects. (23) Extended-year adjusted cohort graduation rate (A) In general
“extended-year adjusted cohort graduation rate” applies in that section
The term “extended-year adjusted cohort graduation rate” means the fraction— (i) the denominator of which consists of the number of students who form the original cohort of entering first-time students in grade 9 enrolled in the high school no later than the date by which student membership data must be collected annually by State educational agencies for submission to the National Center for Education Statistics under section 9543 of this title , adjusted by— (I) adding the students who joined that cohort, after the date of the determination of the original cohort; and (II) subtracting only those students who left that cohort, after the date of the determination of the original cohort, as …
“family literacy services” applies in that section
The term “family literacy services” means services provided to participants on a voluntary basis that are of sufficient intensity in terms of hours, and of sufficient duration, to make sustainable changes in a family, and that integrate all of the following activities: (A) Interactive literacy activities between parents and their children. (B) Training for parents regarding how to be the primary teacher for their children and full partners in the education of their children. (C) Parent literacy training that leads to economic self-sufficiency. (D) An age-appropriate education to prepare children for success in school and life experiences.
“four-year adjusted cohort graduation rate” applies in that section
The term “four-year adjusted cohort graduation rate” means the fraction— (i) the denominator of which consists of the number of students who form the original cohort of entering first-time students in grade 9 enrolled in the high school no later than the date by which student membership data is collected annually by State educational agencies for submission to the National Center for Education Statistics pursuant to section 9543 of this title , adjusted by— (I) adding the students who joined that cohort, after the date of the determination of the original cohort; and (II) subtracting only those students who left that cohort, after the date of the determination of the original cohort, as …
“free public education” applies in that section
The term “free public education” means education that is provided— (A) at public expense, under public supervision and direction, and without tuition charge; and (B) as elementary school or secondary school education as determined under applicable State law, except that the term does not include any education provided beyond grade 12.
“high school” applies in that section
The term “high school” means a secondary school that— (A) grants a diploma, as defined by the State; and (B) includes, at least, grade 12. (29) Institution of higher education
“institution of higher education” applies in that section
The term “institution of higher education” has the meaning given that term in section 1001(a) of this title . (30) Local educational agency (A) In general
“local educational agency” applies in that section
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 of or for a combination of school districts or counties that is recognized in a State as an administrative agency for its public elementary schools or secondary schools.
“multi-tier system of supports” applies in that section
The term “multi-tier system of supports” means a comprehensive continuum of evidence-based, systemic practices to support a rapid response to students’ needs, with regular observation to facilitate data-based instructional decisionmaking. (34) Native American and Native American language
“Native American” applies in that section
The terms “Native American” and “Native American language” have the same meaning given those terms in section 2902 of title 25 . (35) Other staff
“Native American language” applies in that section
The terms “Native American” and “Native American language” have the same meaning given those terms in section 2902 of title 25 . (35) Other staff
“other staff” applies in that section
The term “other staff” means specialized instructional support personnel, librarians, career guidance and counseling personnel, education aides, and other instructional and administrative personnel. (36) Outlying area
“outlying area” applies in that section
The term “outlying area”— (A) means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands; and (B) for the purpose of any discretionary grant program under this chapter, includes the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau, to the extent that any such grant program continues to be available to State and local governments in the United States. (37) Paraprofessional The term “paraprofessional”, also known as a “paraeducator”, includes an education assistant and instructional assistant. (38) 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 child’s welfare). (39) Parental involvement
“parental involvement” applies in that section
The term “parental involvement” means the participation of parents in regular, two-way, and meaningful communication involving student academic learning and other school activities, including ensuring— (A) that parents play an integral role in assisting their child’s learning; (B) that parents are encouraged to be actively involved in their child’s education at school; (C) that parents are full partners in their child’s education and are included, as appropriate, in decisionmaking and on advisory committees to assist in the education of their child; and (D) the carrying out of other activities, such as those described in section 6318 of this title . (40) Pay for success initiative
“pay for success initiative” applies in that section
The term “pay for success initiative” means a performance-based grant, contract, or cooperative agreement awarded by a public entity in which a commitment is made to pay for improved outcomes that result in social benefit and direct cost savings or cost avoidance to the public sector.
“poverty line” applies in that section
The term “poverty line” means the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 9902(2) of title 42 ) applicable to a family of the size involved. (42) Professional development
“professional development” applies in that section
The term “professional development” means activities that— (A) are an integral part of school and local educational agency strategies for providing educators (including teachers, principals, other school leaders, specialized instructional support personnel, paraprofessionals, and, as applicable, early childhood educators) with the knowledge and skills necessary to enable students to succeed in a well-rounded education and to meet the challenging State academic standards; and (B) are sustained (not stand-alone, 1-day, or short term workshops), intensive, collaborative, job-embedded, data-driven, and classroom-focused, and may include activities that— (i) improve and increase teachers’— (I) …
“regular high school diploma” applies in that section
The term “regular high school diploma”— (A) means the standard high school diploma awarded to the preponderance of students in the State that is fully aligned with State standards, or a higher diploma, except that a regular high school diploma shall not be aligned to the alternate academic achievement standards described in section 6311(b)(1)(E) of this title ; and (B) does not include a recognized equivalent of a diploma, such as a general equivalency diploma, certificate of completion, certificate of attendance, or similar lesser credential. (44) School leader
“school leader” applies in that section
The term “school leader” means a principal, assistant principal, or other individual who is— (A) an employee or officer of an elementary school or secondary school, local educational agency, or other entity operating an elementary school or secondary school; and (B) responsible for the daily instructional leadership and managerial operations in the elementary school or secondary school building. (45) Secondary school
“secondary school” applies in that section
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 the term does not include any education beyond grade 12. (46) Secretary
“Secretary” applies in that section
The term “Secretary” means the Secretary of Education. (47) Specialized instructional support personnel; specialized instructional support services (A) Specialized instructional support personnel
“specialized instructional support personnel” applies in that section
The term “specialized instructional support personnel” means— (i) school counselors, school social workers, and school psychologists; and (ii) other qualified professional personnel, such as school nurses, speech language pathologists, and school librarians, involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary services (including related services as that term is defined in section 1401 of this title ) as part of a comprehensive program to meet student needs. (B) Specialized instructional support services
“specialized instructional support services” applies in that section
The term “specialized instructional support services” means the services provided by specialized instructional support personnel. (48) 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 of the outlying areas. (49) State educational agency
“State educational agency” applies in that section
The term “State educational agency” means the agency primarily responsible for the State supervision of public elementary schools and secondary schools. (50) Technology
“technology” applies in that section
The term “technology” means modern information, computer and communication technology products, services, or tools, including, the Internet and other communications networks, computer devices and other computer and communications hardware, software applications, data systems, and other electronic content (including multimedia content) and data storage. (51) Universal design for learning
“transferred out” applies in that section
the term “transferred out” has the meaning given the term in clauses (i), (ii), and (iii) of paragraph (25)(C). (D) Special rules (i) Schools starting after grade 9 For those high schools that start after grade 9, the original cohort shall be calculated for the earliest high school grade students attend no later than the date by which student membership data is collected annually by State educational agencies for submission to the National Center for Education Statistics pursuant to section 9543 of this title .
“universal design for learning” applies in that section
The term “universal design for learning” has the meaning given the term in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 ). (52) Well-rounded education
“well-rounded education” applies in that section
The term “well-rounded education” means courses, activities, and programming in subjects such as English, reading or language arts, writing, science, technology, engineering, mathematics, foreign languages, civics and government, economics, arts, history, geography, computer science, music, career and technical education, health, physical education, and any other subject, as determined by the State or local educational agency, with the purpose of providing all students access to an enriched curriculum and educational experience.
“eligible local educational agency” applies in that section
the term “eligible local educational agency” means a local educational agency that is an eligible local educational agency under part B of subchapter V.
“eligible children” applies in that section
the term “eligible children” means children eligible for services under a program described in paragraph (1). (c) Consultation (1) In general To ensure timely and meaningful consultation, a State educational agency, local educational agency, educational service agency, consortium of those agencies, or entity shall consult with appropriate private school officials.
“youth group” applies in that section
the term “youth group” means any group or organization intended to serve young people under the age of 21. (2) Rule For the purpose of this section, an elementary school or secondary school has a limited public forum whenever the school involved grants an offering to, or opportunity for, one or more outside youth or community groups to meet on school premises or in school facilities before or after the hours during which attendance at the school is compulsory.
“affected local educational agency” applies in that section
The term “affected local educational agency” means a local educational agency— (A) with an enrollment of American Indian or Alaska Native students that is not less than 50 percent of the total enrollment of the local educational agency; or (B) that— (i) for fiscal year 2017, received a grant in the previous year under subpart 1 of part A of title VII 1 (as such subpart was in effect on the day before December 10, 2015 ) that exceeded $40,000; or (ii) for any fiscal year following fiscal year 2017, received a grant in the previous fiscal year under subpart 1 of part A of subchapter VI that exceeded $40,000. (2) Appropriate officials
“appropriate officials” applies in that section
The term “appropriate officials” means— (A) tribal officials who are elected; or (B) appointed tribal leaders or officials designated in writing by an Indian tribe for the specific consultation purpose under this section. (d) Rule of construction Nothing in this section shall be construed— (1) to require the local educational agency to determine who are the appropriate officials; or (2) to make the local educational agency liable for consultation with appropriate officials that the tribe determines not to be the correct appropriate officials.
“economic loss” applies throughout its subpart
The term “economic loss” means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. (2) Harm
“harm” applies throughout its subpart
The term “harm” includes physical, nonphysical, economic, and noneconomic losses. (3) Noneconomic loss
“noneconomic loss” applies throughout its subpart
The term “noneconomic loss” means loss for physical or emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society or companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, or any other nonpecuniary loss of any kind or nature. (4) School
“school” applies throughout its subpart
The term “school” means a public or private kindergarten, a public or private elementary school or secondary school, or a home school. (5) State
“State” applies throughout its subpart
The term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession. (6) Teacher
“teacher” applies throughout its subpart
The term “teacher” means— (A) a teacher, instructor, principal, or administrator; (B) another educational professional who works in a school; (C) a professional or nonprofessional employee who— (i) works in a school; and (ii) (I) in the employee’s job, maintains discipline or ensures safety; or (II) in an emergency, is called on to maintain discipline or ensure safety; or (D) an individual member of a school board (as distinct from the board).
“firearm” applies in that section
the term “firearm” has the same meaning given such term in section 921(a) of title 18 . (c) Special rule The provisions of this section shall be construed in a manner consistent with the Individuals with Disabilities Education Act [ 20 U.S.C. 1400 et seq.].
“school” applies in that section
the term “school” means any setting that is under the control and supervision of the local educational agency for the purpose of student activities approved and authorized by the local educational agency. (g) Exception Nothing in this section shall apply to a firearm that is lawfully stored inside a locked vehicle on school property, or if it is for activities approved and authorized by the local educational agency and the local educational agency adopts appropriate safeguards to ensure student safety.
“children” applies throughout its subpart
The term “children” means individuals who have not attained the age of 18. (2) Children’s services
“children’s services” applies throughout its subpart
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 January 8, 2002 , 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 subpart
The term “indoor facility” means a building that is enclosed. (4) Person
“person” applies throughout its subpart
The term “person” means any State or local subdivision of a State, 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. (5) Secretary
“Secretary” applies throughout its subpart
The term “Secretary” means the Secretary of Health and Human Services.
“determined to be obscene” applies throughout its chapter
The term “determined to be obscene” means determined, in a final judgment of a court of record and of competent jurisdiction in the United States, to be obscene. (2) Digital literacy skills
“digital literacy skills” applies throughout its chapter
The term “digital literacy skills” means the skills associated with— (A) using technology to enable users to find, evaluate, organize, create, and communicate information; and (B) developing digital citizenship and the responsible use of technology. (3) Director
“Director” applies throughout its chapter
The term “Director” means the Director of the Institute appointed under section 9103 of this title . (4) Final judgment
“final judgment” applies throughout its chapter
The term “final judgment” means a judgment that is— (A) not reviewed by any other court that has authority to review such judgment; or (B) not reviewable by any other court. (5) Indian tribe
“Indian tribe” applies throughout its chapter
The term “Indian tribe” means any tribe, band, nation, or other organized group or community, including any Alaska native village, 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.)), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (6) Institute
“Institute” applies throughout its chapter
The term “Institute” means the Institute of Museum and Library Services established under section 9102 of this title . (7) Museum and Library Services Board
“Museum and Library Services Board” applies throughout its chapter
The term “Museum and Library Services Board” means the National Museum and Library Services Board established under section 9105a of this title . (8) Obscene
“obscene” applies throughout its chapter
The term “obscene” means, with respect to a project, that— (A) the average person, applying contemporary community standards, would find that such project, when taken as a whole, appeals to the prurient interest; (B) such project depicts or describes sexual conduct in a patently offensive way; and (C) such project, when taken as a whole, lacks serious literary, artistic, political, or scientific value.
“library” applies throughout its subchapter
The term “library” includes— (A) a public library; (B) a public elementary school or secondary school library; (C) a tribal library; (D) an academic library; (E) a research library, which for the purposes of this subchapter means a library that— (i) makes publicly available library services and materials suitable for scholarly research and not otherwise available to the public; and (ii) is not an integral part of an institution of higher education; and (F) a private library or other special library, but only if the State in which such private or special library is located determines that the library should be considered a library for purposes of this subchapter. (2) Library consortium
“library consortium” applies throughout its subchapter
The term “library consortium” means any local, statewide, regional, interstate, or international cooperative association of library entities which provides for the systematic and effective coordination of the resources of school, public, academic, and special libraries and information centers, for improved services for the clientele of such library entities.
“State library administrative agency” applies throughout its subchapter
The term “State library administrative agency” means the official agency of a State charged by the law of the State with the extension and development of public library services throughout the State. (5) State plan
“State plan” applies throughout its subchapter
The term “State plan” means the document which gives assurances that the officially designated State library administrative agency has the fiscal and legal authority and capability to administer all aspects of this subchapter, provides assurances for establishing the State’s policies, priorities, criteria, and procedures necessary to the implementation of all programs under this subchapter, submits copies for approval as required by regulations promulgated by the Director, identifies a State’s library needs, and sets forth the activities to be taken toward meeting the identified needs supported with the assistance of Federal funds made available under this subchapter.
“child pornography” applies in that section
The term “child pornography” has the meaning given such term in section 2256 of title 18 . (B) Harmful to minors
“harmful to minors” applies in that section
The term “harmful to minors” means any picture, image, graphic image file, or other visual depiction that— (i) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; (ii) 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 (iii) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors. (C) Minor
“minor” applies in that section
The term “minor” means an individual who has not attained the age of 17. (D) Obscene
“obscene” applies in that section
The term “obscene” has the meaning applicable to such term in section 1460 of title 18 . (E) Sexual act; sexual contact
“sexual act” applies in that section
The terms “sexual act” and “sexual contact” have the meanings given such terms in section 2246 of title 18 .
“sexual contact” applies in that section
The terms “sexual act” and “sexual contact” have the meanings given such terms in section 2246 of title 18 .
“museum” applies throughout its subchapter
The term “museum” means a public, tribal, or private nonprofit agency or institution organized on a permanent basis for essentially educational, cultural heritage, or aesthetic purposes, that utilizes a professional staff, owns or utilizes tangible objects, cares for the tangible objects, and exhibits the tangible objects to the public on a regular basis.
“State” applies throughout its subchapter
The term “State” means each of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.
“caregiver” applies throughout its chapter
The term “caregiver” means an individual, including a relative, neighbor, or family friend, who regularly or frequently provides care, with or without compensation, for a child for whom the individual is not the parent. (2) Child care provider
“child care provider” applies throughout its chapter
The term “child care provider” means a provider of non-residential child care services (including center-based, family-based, and in-home child care services) for compensation who or that is legally operating under State law, and complies with applicable State and local requirements for the provision of child care services. (3) Early learning The term “early learning”, used with respect to a program or activity, means learning designed to facilitate the development of cognitive, language, motor, and social-emotional skills for, and to promote learning readiness in, young children. (4) Early learning program
“early learning program” applies throughout its chapter
The term “early learning program” means— (A) a program of services or activities that helps parents, caregivers, and child care providers incorporate early learning into the daily lives of young children; or (B) a program that directly provides early learning to young children. (5) Indian tribe
“Indian tribe” applies throughout its chapter
The term “Indian tribe” has the meaning given the term in section 5304 of title 25 . (6) Local Council
“Local Council” applies throughout its chapter
The term “Local Council” means a Local Council established or designated under section 9413(a) of this title that serves one or more localities. (7) Locality
“locality” applies throughout its chapter
The term “locality” means a city, county, borough, township, or area served by another general purpose unit of local government, an Indian tribe, a Regional Corporation, or a Native Hawaiian entity. (8) Parent
“parent” applies throughout its chapter
The term “parent” means a biological parent, an adoptive parent, a stepparent, a foster parent, or a legal guardian of, or a person standing in loco parentis to, a child. (9) Poverty line
“poverty line” applies throughout its chapter
The term “poverty line” means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 9902(2) of title 42 ) applicable to a family of the size involved. (10) Regional Corporation
“Regional Corporation” applies throughout its chapter
The term “Regional Corporation” means an entity listed in section 619(4)(B) of title 42 . (11) Secretary
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of Health and Human Services. (12) State
“State” applies throughout its chapter
The term “State” means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. (13) Training
“training” applies throughout its chapter
The term “training” means instruction in early learning that— (A) is required for certification under State and local laws, regulations, and policies; (B) is required to receive a nationally or State recognized credential or its equivalent; (C) is received in a postsecondary education program focused on early learning or early childhood development in which the individual is enrolled; or (D) is provided, certified, or sponsored by an organization that is recognized for its expertise in promoting early learning or early childhood development. (14) Young child
“young child” applies throughout its chapter
The term “young child” means any child from birth to the age of mandatory school attendance in the State where the child resides.
“equipment” applies in that section
the term “equipment” means donated equipment and not the use of equipment. (c) Maintenance of effort The Secretary shall not award a grant under this chapter to any State unless the Secretary first determines that the total expenditures by the State and its political subdivisions to support early learning programs (other than funds used to pay the non-Federal share under subsection (b)(2)) for the fiscal year for which the determination is made is equal to or greater than such expenditures for the preceding fiscal year.
“facilities” applies in that section
the term “facilities” includes the use of facilities, but
“applied research” applies throughout its subchapter
The term “applied research” means research— (A) to gain knowledge or understanding necessary for determining the means by which a recognized and specific need may be met; and (B) that is specifically directed to the advancement of practice in the field of education. (3) Basic research
“basic research” applies throughout its subchapter
The term “basic research” means research— (A) to gain fundamental knowledge or understanding of phenomena and observable facts, without specific application toward processes or products; and (B) for the advancement of knowledge in the field of education. (4) Board
“Board” applies throughout its subchapter
The term “Board” means the National Board for Education Sciences established under section 9516 of this title . (5) Bureau
“Bureau” applies throughout its subchapter
The term “Bureau” means the Bureau of Indian Affairs. (6) Comprehensive center
“comprehensive center” applies throughout its subchapter
The term “comprehensive center” means an entity established under section 9602 of this title . (7) Department
“Department” applies throughout its subchapter
The term “Department” means the Department of Education. (8) Development
“development” applies throughout its subchapter
The term “development” means the systematic use of knowledge or understanding gained from the findings of scientifically valid research and the shaping of that knowledge or understanding into products or processes that can be applied and evaluated and may prove useful in areas such as the preparation of materials and new methods of instruction and practices in teaching, that lead to the improvement of the academic skills of students, and that are replicable in different educational settings. (9) Director
“Director” applies throughout its subchapter
The term “Director” means the Director of the Institute of Education Sciences. (10) Dissemination
“dissemination” applies throughout its subchapter
The term “dissemination” means the communication and transfer of the results of scientifically valid research, statistics, and evaluations, in forms that are understandable, easily accessible, and usable, or adaptable for use in, the improvement of educational practice by teachers, administrators, librarians, other practitioners, researchers, parents, policymakers, and the public, through technical assistance, publications, electronic transfer, and other means. (11) Early childhood educator
“early childhood educator” applies throughout its subchapter
The term “early childhood educator” means a person providing, or employed by a provider of, nonresidential child care services (including center-based, family-based, and in-home child care services) that is legally operating under State law, and that complies with applicable State and local requirements for the provision of child care services to children at any age from birth through the age at which a child may start kindergarten in that State. (12) Field-initiated research
“elementary school” applies throughout its subchapter
The terms “elementary school”, “secondary school”, “local educational agency”, and “State educational agency” have the meanings given those terms in section 7801 of this title . (B) Outlying areas
“field-initiated research” applies throughout its subchapter
The term “field-initiated research” means basic research or applied research in which specific questions and methods of study are generated by investigators (including teachers and other practitioners) and that conforms to standards of scientifically valid research. (13) Historically Black college or university
“freely associated states” applies throughout its subchapter
The term “freely associated states” means the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (2) Applied research
“historically Black college or university” applies throughout its subchapter
The term “historically Black college or university” means a part B institution as defined in section 1061 of this title . (14) Institute