 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
                   SUBCHAPTER XIV--GENERAL PROVISIONS
 
                           Part A--Definitions
 
Sec. 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.
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    \1\ See References in Text note below.
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                  (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, Sec. 14101, as added Pub. L. 103-382, title 
I, Sec. 101, Oct. 20, 1994, 108 Stat. 3887; amended Pub. L. 105-244, 
title I, Sec. 102(a)(6)(K), Oct. 7, 1998, 112 Stat. 1619; Pub. L. 105-
277, div. A, Sec. 101(f) [title VIII, Sec. 101(b)(5)], Oct. 21, 1998, 
112 Stat. 2681-337, 2681-407; Pub. L. 105-278, Sec. 3(j), Oct. 22, 1998, 
112 Stat. 2688; Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVI, 
Sec. 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, Sec. 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, Sec. 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, Sec. 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.
