20 USC 1401 - Definitions

Editorial Notes

References in Text

The Elementary and Secondary Education Act of 1965, referred to in par. (8)(A)(ii), (iii), is Puspan. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Part A of title I of the Act is classified generally to part A (§ 6311 et seq.) of subchapter I of chapter 70 of this title. Part A of title III of the Act is classified generally to part A (§ 6811 et seq.) of subchapter III of chapter 70 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables.

The Alaska Native Claims Settlement Act, referred to in par. (13), is Puspan. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.

The Tribally Controlled Colleges and Universities Assistance Act of 1978, referred to in par. (17)(B), is Puspan. L. 95–471, Oct. 17, 1978, 92 Stat. 1325, which is classified principally to chapter 20 (§ 1801 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 25 and Tables.

Prior Provisions

A prior section 1401, Puspan. L. 91–230, title VI, § 602, as added Puspan. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 42; amended Puspan. L. 105–244, title IX, § 901(d), Oct. 7, 1998, 112 Stat. 1828, related to definitions of terms used in this chapter, prior to the general amendment of subchapters I to IV of this chapter by Puspan. L. 108–446.

Another prior section 1401, Puspan. L. 91–230, title VI, § 602, Apr. 13, 1970, 84 Stat. 175; Puspan. L. 94–142, § 4(a), Nov. 29, 1975, 89 Stat. 775; Puspan. L. 98–199, §§ 2, 3(span), Dec. 2, 1983, 97 Stat. 1357, 1358; Puspan. L. 99–457, title IV, § 402, Oct. 8, 1986, 100 Stat. 1172; Puspan. L. 100–630, title I, § 101(a), Nov. 7, 1988, 102 Stat. 3289; Puspan. L. 101–476, title I, § 101, title IX, § 901(span)(10)–(20), Oct. 30, 1990, 104 Stat. 1103, 1142, 1143; Puspan. L. 102–73, title VIII, § 802(d)(1), July 25, 1991, 105 Stat. 361; Puspan. L. 102–119, §§ 3, 25(a)(1), (span), Oct. 7, 1991, 105 Stat. 587, 605, 607; Puspan. L. 103–382, title III, § 391(f)(1), Oct. 20, 1994, 108 Stat. 4023, related to definitions of terms used in this chapter, prior to the general amendment of subchapters I to IV of this chapter by Puspan. L. 105–17.

Amendments

2015—Par. (4). Puspan. L. 114–95, § 9215(ss)(1)(A), struck out par. (4). Text read as follows: “The term ‘core academic subjects’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.”

Par. (8)(A)(iii). Puspan. L. 114–95, § 9215(ss)(1)(B), which directed substitution of “under part A of title III of that Act” for “under parts A and B of title III of that Act” in “paragraph (8)(a)(3)”, was executed to par. (8)(A)(iii) to reflect the probable intent of Congress.

Par. (10). Puspan. L. 114–95, § 9214(d)(1), struck out par. (10) which related to definition of highly qualified.

Par. (18). Puspan. L. 114–95, § 9215(ss)(1)(C), added par. (18) and struck out former par. (18). Prior to amendment, text read as follows: “The term ‘limited English proficient’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.”

2010—Par. (3)(A)(i). Puspan. L. 111–256, § 2(span)(2)(A), substituted “with intellectual disabilities” for “with mental retardation”.

Par. (30)(C). Puspan. L. 111–256, § 2(span)(2)(B), substituted “of intellectual disabilities” for “of mental retardation”.

2008—Par. (17)(B). Puspan. L. 110–315 substituted “college or university” for “community college” and “the Tribally Controlled Colleges and Universities Assistance Act of 1978” for “the Tribally Controlled College or University Assistance Act of 1978”.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Puspan. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Puspan. L. 114–95, set out as a note under section 6301 of this title.

Effective Date

Section effective July 1, 2005, see section 302(a) of Puspan. L. 108–446, set out as a note under section 1400 of this title.

Definitions

For meaning of references to an intellectual disability and to individuals with intellectual disabilities in provisions amended by section 2 of Puspan. L. 111–256, see section 2(k) of Puspan. L. 111–256, set out as a note under section 1400 of this title.