{"identifier":"/us/usc/t20/s7011","title":20,"num":"\u00a7\u202f7011.","heading":"Definitions","text":"\u00a7\u202f7011.\nDefinitions\nExcept as otherwise provided, in this subchapter:\n(1)\nChild\nThe term \u201cchild\u201d means any individual aged 3 through 21.\n(2)\nCommunity-based organization\nThe term \u201ccommunity-based organization\u201d means a private nonprofit organization of demonstrated effectiveness, Indian tribe, or tribally sanctioned educational authority, that is representative of a community or significant segments of a community and that provides educational or related services to individuals in the community. Such term includes a Native Hawaiian or Native American Pacific Islander native language educational organization.\n(3)\nEligible entity\nThe term \u201celigible entity\u201d means\u2014\n(A) one or more local educational agencies; or\n(B) one or more local educational agencies, in consortia or collaboration with an institution of higher education, educational service agency, community-based organization, or State educational agency.\n(4)\nEnglish learner with a disability\nThe term \u201cEnglish learner with a disability\u201d means an English learner who is also a child with a disability, as that term is defined in\nsection 1401 of this title\n(5)\nImmigrant children and youth\nThe term \u201cimmigrant children and youth\u201d means individuals who\u2014\n(A) are aged 3 through 21;\n(B) were not born in any State; and\n(C) have not been attending one or more schools in any one or more States for more than 3 full academic years.\n(6)\nIndian tribe\nThe term \u201cIndian tribe\u201d means any Indian tribe, band, nation, or other organized group or community, including any Native village or Regional Corporation or Village Corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act [\n43 U.S.C. 1601\n(7)\nLanguage instruction educational program\nThe term \u201clanguage instruction educational program\u201d means an instruction course\u2014\n(A) in which an English learner is placed for the purpose of developing and attaining English proficiency, while meeting challenging State academic standards; and\n(B) that may make instructional use of both English and a child\u2019s native language to enable the child to develop and attain English proficiency, and may include the participation of English proficient children if such course is designed to enable all participating children to become proficient in English and a second language.\n(8)\nNative American and Native American language\nThe terms \u201cNative American\u201d and \u201cNative American language\u201d shall have the meanings given such terms in\nsection 2902 of title 25\n(9)\nNative Hawaiian or Native American Pacific Islander native language educational organization\nThe term \u201cNative Hawaiian or Native American Pacific Islander native language educational organization\u201d means a nonprofit organization with\u2014\n(A) a majority of its governing board and employees consisting of fluent speakers of the traditional Native American languages used in the organization\u2019s educational programs; and\n(B) not less than 5 years successful experience in providing educational services in traditional Native American languages.\n(10)\nNative language\nThe term \u201cnative language\u201d, when used with reference to an individual of limited English proficiency, means\u2014\n(A) the language normally used by such individual; or\n(B) in the case of a child or youth, the language normally used by the parents of the child or youth.\n(11)\nParaprofessional\nThe term \u201cparaprofessional\u201d means an individual who is employed in a preschool, elementary school, or secondary school under the supervision of a certified or licensed teacher, including individuals employed in language instruction educational programs, special education, and migrant education.\n(12)\nSpecially qualified agency\nThe term \u201cspecially qualified agency\u201d means an eligible entity in a State whose State educational agency\u2014\n(A) does not participate in a program under subpart 1 of part A for a fiscal year; or\n(B) submits a plan (or any amendment to a plan) that the Secretary, after reasonable notice and opportunity for a hearing, determines does not satisfy the requirements of such subpart.\n(13)\nState\nThe term \u201cState\u201d means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.\n(14)\nTribally sanctioned educational authority\nThe term \u201ctribally sanctioned educational authority\u201d means\u2014\n(A) any department or division of education operating within the administrative structure of the duly constituted governing body of an Indian tribe; and\n(B) any nonprofit institution or organization that is\u2014\n(i) chartered by the governing body of an Indian tribe to operate a school described in\nsection 6822(a) of this title\n(ii) approved by the Secretary for the purpose of carrying out programs under subpart 1 of part A for individuals served by a school described in\nsection 6822(a) of this title","url":"https://projectusc.org/usc/t20/s7011.html","content":[{"t":"sec","id":"/us/usc/t20/s7011","children":[{"t":"num","text":"\u00a7\u202f7011."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"Except as otherwise provided, in this subchapter:"},{"t":"para","id":"/us/usc/t20/s7011/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Child"},{"t":"content","children":[{"t":"p","text":"The term \u201cchild\u201d means any individual aged 3 through 21.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7011/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Community-based organization"},{"t":"content","children":[{"t":"p","text":"The term \u201ccommunity-based organization\u201d means a private nonprofit organization of demonstrated effectiveness, Indian tribe, or tribally sanctioned educational authority, that is representative of a community or significant segments of a community and that provides educational or related services to individuals in the community. Such term includes a Native Hawaiian or Native American Pacific Islander native language educational organization.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7011/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Eligible entity"},{"t":"chapeau","text":"The term \u201celigible entity\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t20/s7011/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" one or more local educational agencies; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7011/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" one or more local educational agencies, in consortia or collaboration with an institution of higher education, educational service agency, community-based organization, or State educational agency.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7011/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"English learner with a disability"},{"t":"content","children":[{"t":"p","text":"The term \u201cEnglish learner with a disability\u201d means an English learner who is also a child with a disability, as that term is defined in ","children":[{"t":"ref","text":"section 1401 of this title","href":"/us/usc/t20/s1401","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7011/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Immigrant children and youth"},{"t":"chapeau","text":"The term \u201cimmigrant children and youth\u201d means individuals who\u2014"},{"t":"subpara","id":"/us/usc/t20/s7011/5/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" are aged 3 through 21;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7011/5/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" were not born in any State; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7011/5/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" have not been attending one or more schools in any one or more States for more than 3 full academic years.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7011/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Indian tribe"},{"t":"content","children":[{"t":"p","text":"The term \u201cIndian tribe\u201d means any Indian tribe, band, nation, or other organized group or community, including any Native village or Regional Corporation or Village Corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act [","children":[{"t":"ref","text":"43 U.S.C. 1601","href":"/us/usc/t43/s1601","tail":" et seq.], that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7011/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Language instruction educational program"},{"t":"chapeau","text":"The term \u201clanguage instruction educational program\u201d means an instruction course\u2014"},{"t":"subpara","id":"/us/usc/t20/s7011/7/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" in which an English learner is placed for the purpose of developing and attaining English proficiency, while meeting challenging State academic standards; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7011/7/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" that may make instructional use of both English and a child\u2019s native language to enable the child to develop and attain English proficiency, and may include the participation of English proficient children if such course is designed to enable all participating children to become proficient in English and a second language.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7011/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Native American and Native American language"},{"t":"content","children":[{"t":"p","text":"The terms \u201cNative American\u201d and \u201cNative American language\u201d shall have the meanings given such terms in ","children":[{"t":"ref","text":"section 2902 of title 25","href":"/us/usc/t25/s2902","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7011/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"Native Hawaiian or Native American Pacific Islander native language educational organization"},{"t":"chapeau","text":"The term \u201cNative Hawaiian or Native American Pacific Islander native language educational organization\u201d means a nonprofit organization with\u2014"},{"t":"subpara","id":"/us/usc/t20/s7011/9/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" a majority of its governing board and employees consisting of fluent speakers of the traditional Native American languages used in the organization\u2019s educational programs; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7011/9/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" not less than 5 years successful experience in providing educational services in traditional Native American languages.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7011/10","children":[{"t":"num","text":"(10)"},{"t":"heading","text":"Native language"},{"t":"chapeau","text":"The term \u201cnative language\u201d, when used with reference to an individual of limited English proficiency, means\u2014"},{"t":"subpara","id":"/us/usc/t20/s7011/10/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the language normally used by such individual; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7011/10/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" in the case of a child or youth, the language normally used by the parents of the child or youth.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7011/11","children":[{"t":"num","text":"(11)"},{"t":"heading","text":"Paraprofessional"},{"t":"content","children":[{"t":"p","text":"The term \u201cparaprofessional\u201d means an individual who is employed in a preschool, elementary school, or secondary school under the supervision of a certified or licensed teacher, including individuals employed in language instruction educational programs, special education, and migrant education.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7011/12","children":[{"t":"num","text":"(12)"},{"t":"heading","text":"Specially qualified agency"},{"t":"chapeau","text":"The term \u201cspecially qualified agency\u201d means an eligible entity in a State whose State educational agency\u2014"},{"t":"subpara","id":"/us/usc/t20/s7011/12/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" does not participate in a program under subpart 1 of part A for a fiscal year; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7011/12/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" submits a plan (or any amendment to a plan) that the Secretary, after reasonable notice and opportunity for a hearing, determines does not satisfy the requirements of such subpart.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7011/13","children":[{"t":"num","text":"(13)"},{"t":"heading","text":"State"},{"t":"content","children":[{"t":"p","text":"The term \u201cState\u201d means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7011/14","children":[{"t":"num","text":"(14)"},{"t":"heading","text":"Tribally sanctioned educational authority"},{"t":"chapeau","text":"The term \u201ctribally sanctioned educational authority\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t20/s7011/14/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" any department or division of education operating within the administrative structure of the duly constituted governing body of an Indian tribe; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7011/14/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" any nonprofit institution or organization that is\u2014"},{"t":"clause","id":"/us/usc/t20/s7011/14/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" chartered by the governing body of an Indian tribe to operate a school described in ","children":[{"t":"ref","text":"section 6822(a) of this title","href":"/us/usc/t20/s6822/a","tail":" or otherwise to oversee the delivery of educational services to members of the tribe; and"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7011/14/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" approved by the Secretary for the purpose of carrying out programs under subpart 1 of part A for individuals served by a school described in ","children":[{"t":"ref","text":"section 6822(a) of this title","href":"/us/usc/t20/s6822/a","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}