Part A—Definitions

§8801. Definitions

Except as otherwise provided, for the purposes of this chapter, the following terms have the following meanings:

(1) Average daily attendance

(A) Except as provided otherwise by State law or this paragraph, 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 such school year.

(B) 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 such other data.

(C) If the local educational agency in which a child resides makes a tuition or other payment for the free public education of the child in a school located in another school district, the Secretary shall, for purposes of this chapter—

(i) consider the child to be in attendance at a school of the agency making such payment; and

(ii) not consider the child to be in attendance at a school of the agency receiving such payment.

(D) If a local educational agency makes a tuition payment to a private school or to a public school of another local educational agency for a child with disabilities, as defined in section 1401(a)(1) ¹ of this title, the Secretary shall, for the purposes of this chapter, consider such child to be in attendance at a school of the agency making such payment.

(2) Average per-pupil expenditure

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 such agencies; divided by

(B) the aggregate number of children in average daily attendance to whom such agencies provided free public education during such preceding year.

(3) Child

The term "child" means any person within the age limits for which the State provides free public education.

(4) Community-based organization

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.

(5) Consolidated local application

The term "consolidated local application" means an application submitted by a local educational agency pursuant to section 8852 of this title.

(6) Consolidated local plan

The term "consolidated local plan" means a plan submitted by a local educational agency pursuant to section 8852 of this title.

(7) Consolidated State application

The term "consolidated State application" means an application submitted by a State educational agency pursuant to section 8852 of this title.

(8) Consolidated State plan

The term "consolidated State plan" means a plan submitted by a State educational agency pursuant to section 8852 of this title.

(9) County

The term "county" means one of the divisions of a State used by the Secretary of Commerce in compiling and reporting data regarding counties.

(10) Covered program

The term "covered program" means each of the programs authorized by—

(A) part A of subchapter I of this chapter;

(B) part C of subchapter I of this chapter;

(C) subchapter II of this chapter (other than section 6623 of this title and part D);

(D) subpart 2 of part A of subchapter III of this chapter;

(E) part A of subchapter IV of this chapter (other than section 7114 of this title); and

(F) subchapter VI of this chapter.

(11) Current expenditures

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 of this chapter and subchapter VI of this chapter.

(12) Department

The term "Department" means the Department of Education.

(13) Educational service agency

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.

(14) Elementary school

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.

(15) Family literacy services

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.

(16) Free public education

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 school education as determined under applicable State law, except that such term does not include any education provided beyond grade 12.

(17) Gifted and talented

The term "gifted and talented", when used with respect to students, children or youth, means students, children or youth who give evidence of high performance capability in areas such as intellectual, creative, artistic, or leadership capacity, or in specific academic fields, and who require services or activities not ordinarily provided by the school in order to fully develop such capabilities.

(18) Institution of higher education

The term "institution of higher education" has the meaning given that term in section 1001 of this title.

(19) Local educational agency

(A) 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 or secondary schools in a city, county, township, school district, or other political subdivision of a State, or for such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools.

(B) The term includes any other public institution or agency having administrative control and direction of a public elementary or secondary school.

(C) The term includes an elementary or secondary school funded by the Bureau of Indian Affairs but only to the extent that such inclusion makes such school eligible for programs for which specific eligibility is not provided to such school in another provision of law and such school does not have a student population that is smaller than the student population of the local educational agency receiving assistance under this chapter with the smallest student population, except that such school shall not be subject to the jurisdiction of any State educational agency other than the Bureau of Indian Affairs.

(20) Mentoring

The term "mentoring" means a program in which an adult works with a child or youth on a 1-to-1 basis, establishing a supportive relationship, providing academic assistance, and introducing the child or youth to new experiences that enhance the child or youth's ability to excel in school and become a responsible citizen.

(21) Other staff

The term "other staff" means pupil services personnel, librarians, career guidance and counseling personnel, education aides, and other instructional and administrative personnel.

(22) Outlying area

The term "outlying area" means the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and for the purpose of section 6331 of this title and any other discretionary grant program under this chapter, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.

(23) Parent

The term "parent" includes a legal guardian or other person standing in loco parentis.

(24) Public telecommunication entity

The term "public telecommunication entity" has the same meaning given to such term in section 397(12) of title 47.

(25) Pupil services personnel; pupil services

(A) The term "pupil services personnel" means school counselors, school social workers, school psychologists, and other qualified professional personnel involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary services (including related services as such term is defined in section 1401(a)(17) ¹ of this title) as part of a comprehensive program to meet student needs.

(B) The term "pupil services" means the services provided by pupil services personnel.

(26) Secondary school

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 such term does not include any education beyond grade 12.

(27) Secretary

The term "Secretary" means the Secretary of Education.

(28) State

The term "State" means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.

(29) State educational agency

The term "State educational agency" means the agency primarily responsible for the State supervision of public elementary and secondary schools.

(30) Technology

The term "technology" means the latest state-of-the-art technology products and services, such as closed circuit television systems, educational television or radio programs and services, cable television, satellite, copper fiber optic transmission, computer hardware and software, video and audio laser and CD–ROM disks, video and audio tapes, including interactive forms of such products and services, or other technologies.

(Pub. L. 89–10, title XIV, §14101, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3887; amended Pub. L. 105–244, title I, §102(a)(6)(K), Oct. 7, 1998, 112 Stat. 1619; Pub. L. 105–277, div. A, §101(f) [title VIII, §101(b)(5)], Oct. 21, 1998, 112 Stat. 2681–337, 2681-407; Pub. L. 105–278, §3(j), Oct. 22, 1998, 112 Stat. 2688; Pub. L. 106–554, §1(a)(4) [div. B, title XVI, §1606(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A-334.)

References in Text

Section 1401 of this title, referred to in pars. (1)(D) and (25)(A), was in the original a reference to section 602 of the Individuals with Disabilities Education Act, Pub. L. 91–230, title VI. Section 602 of Pub. L. 91–230 was omitted in the general amendment of subchapter I of chapter 33 of this title by Pub. L. 105–17, title I, §101, June 4, 1997, 111 Stat. 37. Pub. L. 105–17 enacted a new section 602 of Pub. L. 91–230, which is classified to section 1401 of this title, and which contains provisions defining "child with a disability" and "related services".

Amendments

2000—Pars. (15) to (30). Pub. L. 106–554 added par. (15) and redesignated former pars. (15) to (29) as (16) to (30), respectively.

1998—Par. (10)(C). Pub. L. 105–277 substituted "part D" for "part C".

Par. (14). Pub. L. 105–278, §3(j)(1), inserted ", including a public elementary charter school," after "residential school".

Par. (17). Pub. L. 105–244 substituted "section 1001" for "section 1141(a)".

Par. (25). Pub. L. 105–278, §3(j)(2), inserted ", including a public secondary charter school," after "residential school".

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.

Section Referred to in Other Sections

This section is referred to in sections 1003, 1687, 2302, 4020, 4514, 5502, 5802, 5891a, 8821, 9001, 9202 of this title; title 2 sections 117b–2, 117e, 812; title 7 section 3152; title 10 sections 503, 2194; title 15 sections 2642, 2662; title 25 section 2026; title 26 section 1397E; title 29 sections 762, 794, 2618, 2801; title 42 sections 300j–21, 2000d–4a, 3030g–12, 3030o, 6107, 7382b, 9877, 9923, 12511; title 47 section 254.

¹ See References in Text note below.

§8802. Applicability of this subchapter

Parts B, C, D, E, and F of this subchapter do not apply to subchapter VIII of this chapter.

(Pub. L. 89–10, title XIV, §14102, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3890.)

§8803. Applicability to Bureau of Indian Affairs operated schools

For purposes of any competitive program under this chapter, a consortia of schools operated by the Bureau of Indian Affairs, a school operated under a contract or grant with the Bureau of Indian Affairs in consortia with another contract or grant school or tribal or community organization, or a Bureau of Indian Affairs school in consortia with an institution of higher education, a contract or grant school and tribal or community organization shall be given the same consideration as a local educational agency.

(Pub. L. 89–10, title XIV, §14103, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3890.)