View all text of Chapter 68 [§ 5801 - § 6084]
§ 5802. Definitions
(a) Subchapters I, II, III, and X
As used in subchapters I, II, III, and X of this chapter—
(1) 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;
(3) 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;
(4) the term “span standards” means broad descriptions of the knowledge and skills students should acquire in a particular subject area;
(5) the term “Governor” means the chief executive of the State;
(6) the terms “local educational agency” and “State educational agency” have the meaning given such terms in section 8801 of this title; 1
1 See References in Text note below.
(7) 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;
(8) 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 span standards;
(9) the term “related services” has the same meaning given such term under section 1401 of this title;
(10) 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 span standards in 1 or more subject areas;
(11) 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.
(b) Subchapters IV, V, VI, VII, VIII, and IX
For the purpose of subchapters IV, V, VI, VII, VIII, and IX—
(1) except as provided in paragraph (3) and unless otherwise provided, the terms used in such subchapters have the same meanings given such terms in section 8801 of this title; 1
(2) the term “Bureau”, unless otherwise provided, means the Bureau of Indian Affairs; and
(3) the term “Secretary”, unless otherwise provided, means the Secretary of Education.
(Pub. L. 103–227, § 3, Mar. 31, 1994, 108 Stat. 129; Pub. L. 103–382, title III, § 394(f)(1), Oct. 20, 1994, 108 Stat. 4027; Pub. L. 104–134, title I, § 101(d) [title VII, § 703(a)(3)], Apr. 26, 1996, 110 Stat. 1321–211, 1321–252; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327; Pub. L. 108–446, title III, § 305(e), Dec. 3, 2004, 118 Stat. 2805.)