{"identifier":"/us/usc/t20/s7801","title":20,"num":"\u00a7\u202f7801.","heading":"Definitions","text":"\u00a7\u202f7801.\nDefinitions\nExcept as otherwise provided, in this chapter:\n(1)\nAverage daily attendance\n(A)\nIn general\nExcept as provided otherwise by State law or this paragraph, the term \u201caverage daily attendance\u201d means\u2014\n(i) the aggregate number of days of attendance of all students during a school year; divided by\n(ii) the number of days school is in session during that year.\n(B)\nConversion\nThe 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 other similar data).\n(C)\nSpecial rule\nIf 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 the purpose of this chapter\u2014\n(i) consider the child to be in attendance at a school of the agency making the payment; and\n(ii) not consider the child to be in attendance at a school of the agency receiving the payment.\n(D)\nChildren with disabilities\nIf 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 a disability, as defined in\nsection 1401 of this title\n(2)\nAverage per-pupil expenditure\nThe term \u201caverage per-pupil expenditure\u201d means, in the case of a State or of the United States\u2014\n(A) without regard to the source of funds\u2014\n(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\n(ii) any direct current expenditures by the State for the operation of those agencies; divided by\n(B) the aggregate number of children in average daily attendance to whom those agencies provided free public education during that preceding year.\n(3)\nChild\nThe term \u201cchild\u201d means any person within the age limits for which the State provides free public education.\n(4)\nChild with a disability\nThe term \u201cchild with a disability\u201d has the same meaning given that term in\nsection 1401 of this title\n(5)\nCommunity-based organization\nThe term \u201ccommunity-based organization\u201d means a public or private nonprofit organization of demonstrated effectiveness that\u2014\n(A) is representative of a community or significant segments of a community; and\n(B) provides educational or related services to individuals in the community.\n(6)\nConsolidated local application\nThe term \u201cconsolidated local application\u201d means an application submitted by a local educational agency pursuant to\nsection 7845 of this title\n(7)\nConsolidated local plan\nThe term \u201cconsolidated local plan\u201d means a plan submitted by a local educational agency pursuant to\nsection 7845 of this title\n(8)\nConsolidated State application\nThe term \u201cconsolidated State application\u201d means an application submitted by a State educational agency pursuant to\nsection 7842 of this title\n(9)\nConsolidated State plan\nThe term \u201cconsolidated State plan\u201d means a plan submitted by a State educational agency pursuant to\nsection 7842 of this title\n(10)\nCounty\nThe term \u201ccounty\u201d means one of the divisions of a State used by the Secretary of Commerce in compiling and reporting data regarding counties.\n(11)\nCovered program\nThe term \u201ccovered program\u201d means each of the programs authorized by\u2014\n(A) part A of subchapter I;\n(B) part C of subchapter I;\n(C) part D of subchapter I;\n(D) part A of subchapter II;\n(E) part A of subchapter III;\n(F) part A of subchapter IV;\n(G) part B of subchapter IV; and\n(H) subpart 2 of part B of subchapter V.\n(12)\nCurrent expenditures\nThe term \u201ccurrent expenditures\u201d means expenditures for free public education\u2014\n(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\n(B) not including expenditures for community services, capital outlay, and debt service, or any expenditures made from funds received under subchapter I.\n(13)\nDepartment\nThe term \u201cDepartment\u201d means the Department of Education.\n(14)\nDistance learning\nThe term \u201cdistance learning\u201d means the transmission of educational or instructional programming to geographically dispersed individuals and groups via telecommunications.\n(15)\nDual or concurrent enrollment program\nThe term \u201cdual or concurrent enrollment program\u201d means a program offered by a partnership between at least one institution of higher education and at least one local educational agency through which a secondary school student who has not graduated from high school with a regular high school diploma is able to enroll in one or more postsecondary courses and earn postsecondary credit that\u2014\n(A) is transferable to the institutions of higher education in the partnership; and\n(B) applies toward completion of a degree or recognized educational credential as described in the Higher Education Act of 1965 (\n20 U.S.C. 1001\n(16)\nEarly childhood education program\nThe term \u201cearly childhood education program\u201d has the meaning given the term in section 103 of the Higher Education Act of 1965 (\n20 U.S.C. 1003\n(17)\nEarly college high school\nThe term \u201cearly college high school\u201d means a partnership between at least one local educational agency and at least one institution of higher education that allows participants to simultaneously complete requirements toward earning a regular high school diploma and earn not less than 12 credits that are transferable to the institutions of higher education in the partnership as part of an organized course of study toward a postsecondary degree or credential at no cost to the participant or participant\u2019s family.\n(18)\nEducational service agency\nThe term \u201ceducational service agency\u201d means a regional public multiservice agency authorized by State statute to develop, manage, and provide services or programs to local educational agencies.\n(19)\nElementary school\nThe term \u201celementary school\u201d means a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under State law.\n(20)\nEnglish learner\nThe term \u201cEnglish learner\u201d, when used with respect to an individual, means an individual\u2014\n(A) who is aged 3 through 21;\n(B) who is enrolled or preparing to enroll in an elementary school or secondary school;\n(C)\n(i) who was not born in the United States or whose native language is a language other than English;\n(ii)\n(I) who is a Native American or Alaska Native, or a native resident of the outlying areas; and\n(II) who comes from an environment where a language other than English has had a significant impact on the individual\u2019s level of English language proficiency; or\n(iii) who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and\n(D) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual\u2014\n(i) the ability to meet the challenging State academic standards;\n(ii) the ability to successfully achieve in classrooms where the language of instruction is English; or\n(iii) the opportunity to participate fully in society.\n(21)\nEvidence-based\n(A)\nIn general\nExcept as provided in subparagraph (B), the term \u201cevidence-based\u201d, when used with respect to a State, local educational agency, or school activity, means an activity, strategy, or intervention that\u2014\n(i) demonstrates a statistically significant effect on improving student outcomes or other relevant outcomes based on\u2014\n(I) strong evidence from at least 1 well-designed and well-implemented experimental study;\n(II) moderate evidence from at least 1 well-designed and well-implemented quasi-experimental study; or\n(III) promising evidence from at least 1 well-designed and well-implemented correlational study with statistical controls for selection bias; or\n(ii)\n(I) demonstrates a rationale based on high-quality research findings or positive evaluation that such activity, strategy, or intervention is likely to improve student outcomes or other relevant outcomes; and\n(II) includes ongoing efforts to examine the effects of such activity, strategy, or intervention.\n(B)\nDefinition for specific activities funded under this chapter\nWhen used with respect to interventions or improvement activities or strategies funded under\nsection 6303 of this title\n(22)\nExpanded learning time\nThe term \u201cexpanded learning time\u201d means using a longer school day, week, or year schedule to significantly increase the total number of school hours, in order to include additional time for\u2014\n(A) activities and instruction for enrichment as part of a well-rounded education; and\n(B) instructional and support staff to collaborate, plan, and engage in professional development (including professional development on family and community engagement) within and across grades and subjects.\n(23)\nExtended-year adjusted cohort graduation rate\n(A)\nIn general\nThe term \u201cextended-year adjusted cohort graduation rate\u201d means the fraction\u2014\n(i) the denominator of which consists of the number of students who form the original cohort of entering first-time students in grade 9 enrolled in the high school no later than the date by which student membership data must be collected annually by State educational agencies for submission to the National Center for Education Statistics under\n(I) adding the students who joined that cohort, after the date of the determination of the original cohort; and\n(II) subtracting only those students who left that cohort, after the date of the determination of the original cohort, as described in subparagraph (B); and\n(ii) the numerator of which\u2014\n(I) consists of the sum of\u2014\n(aa) the number of students in the cohort, as adjusted under clause (i), who earned a regular high school diploma before, during, or at the conclusion of\u2014\n(AA) one or more additional years beyond the fourth year of high school; or\n(BB) a summer session immediately following the additional year of high school; and\n(bb) all students with the most significant cognitive disabilities in the cohort, as adjusted under clause (i), assessed using the alternate assessment aligned to alternate academic achievement standards under\n(AA) standards-based;\n(BB) aligned with the State requirements for the regular high school diploma; and\n(CC) obtained within the time period for which the State ensures the availability of a free appropriate public education under\nsection 1412(a)(1) of this title\n(II) shall not include any student awarded a recognized equivalent of a diploma, such as a general equivalency diploma, certificate of completion, certificate of attendance, or similar lesser credential.\n(B)\nCohort removal\nTo remove a student from a cohort, a school or local educational agency shall require documentation, or obtain documentation from the State educational agency, to confirm that the student has transferred out, emigrated to another country, or transferred to a prison or juvenile facility, or is deceased.\n(C)\nTransferred out\nFor purposes of this paragraph, the term \u201ctransferred out\u201d has the meaning given the term in clauses (i), (ii), and (iii) of paragraph (25)(C).\n(D)\nSpecial rules\n(i)\nSchools starting after grade 9\nFor those high schools that start after grade 9, the original cohort shall be calculated for the earliest high school grade students attend no later than the date by which student membership data is collected annually by State educational agencies for submission to the National Center for Education Statistics pursuant to\nsection 9543 of this title\n(ii)\nVery small schools\nA State educational agency may calculate the extended year adjusted cohort graduation rate described under this paragraph for a high school with an average enrollment over a 4-year period of less than 100 students for the purposes of\n(I) averaging the extended-year adjusted cohort graduation rate of the school over a period of three years; or\n(II) establishing a minimum number of students that must be included in the cohort described in clause (i) of subparagraph (A) that will provide a valid graduation rate calculation as determined by the Secretary, below which the school shall be exempt from differentiation and identification under such section.\n(24)\nFamily literacy services\nThe term \u201cfamily literacy services\u201d 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:\n(A) Interactive literacy activities between parents and their children.\n(B) Training for parents regarding how to be the primary teacher for their children and full partners in the education of their children.\n(C) Parent literacy training that leads to economic self-sufficiency.\n(D) An age-appropriate education to prepare children for success in school and life experiences.\n(25)\nFour-year adjusted cohort graduation rate\n(A)\nIn general\nThe term \u201cfour-year adjusted cohort graduation rate\u201d means the fraction\u2014\n(i) the denominator of which consists of the number of students who form the original cohort of entering first-time students in grade 9 enrolled in the high school no later than the date by which student membership data is collected annually by State educational agencies for submission to the National Center for Education Statistics pursuant to\n(I) adding the students who joined that cohort, after the date of the determination of the original cohort; and\n(II) subtracting only those students who left that cohort, after the date of the determination of the original cohort, as described in subparagraph (B); and\n(ii) the numerator of which\u2014\n(I) consists of the sum of\u2014\n(aa) the number of students in the cohort, as adjusted under clause (i), who earned a regular high school diploma before, during, or at the conclusion of\u2014\n(AA) the fourth year of high school; or\n(BB) a summer session immediately following the fourth year of high school; and\n(bb) all students with the most significant cognitive disabilities in the cohort, as adjusted under clause (i), assessed using the alternate assessment aligned to alternate academic achievement standards under\n(AA) standards-based;\n(BB) aligned with the State requirements for the regular high school diploma; and\n(CC) obtained within the time period for which the State ensures the availability of a free appropriate public education under\nsection 1412(a)(1) of this title\n(II) shall not include any student awarded a recognized equivalent of a diploma, such as a general equivalency diploma, certificate of completion, certificate of attendance, or similar lesser credential.\n(B)\nCohort removal\nTo remove a student from a cohort, a school or local educational agency shall require documentation, or obtain documentation from the State educational agency, to confirm that the student has transferred out, emigrated to another country, or transferred to a prison or juvenile facility, or is deceased.\n(C)\nTransferred out\n(i)\nIn general\nFor purposes of this paragraph, the term \u201ctransferred out\u201d means that a student, as confirmed by the high school or local educational agency in accordance with clause (ii), has transferred to\u2014\n(I) another school from which the student is expected to receive a regular high school diploma; or\n(II) another educational program from which the student is expected to receive a regular high school diploma or an alternate diploma that meets the requirements of subparagraph (A)(ii)(I)(bb).\n(ii)\nConfirmation requirements\n(I)\nDocumentation required\nThe confirmation of a student\u2019s transfer to another school or educational program described in clause (i) requires documentation of such transfer from the receiving school or program in which the student enrolled.\n(II)\nLack of confirmation\nA student who was enrolled in a high school, but for whom there is no confirmation of the student having transferred out, shall remain in the adjusted cohort.\n(iii)\nPrograms not providing credit\nExcept as provided in subparagraph (A)(ii)(I)(bb), a student who is retained in grade or who is enrolled in a program leading to a general equivalency diploma, or other alternative educational program that does not issue or provide credit toward the issuance of a regular high school diploma, shall not be considered transferred out and shall remain in the adjusted cohort.\n(D)\nSpecial rules\n(i)\nSchools starting after grade 9\nFor those high schools that start after grade 9, the original cohort shall be calculated for the earliest high school grade students attend no later than the date by which student membership data must be collected annually by State educational agencies for submission to the National Center for Education Statistics pursuant to\nsection 9543 of this title\n(ii)\nVery small schools\nA State educational agency may calculate the four-year adjusted cohort graduation rate described under this paragraph for a high school with an average enrollment over a 4-year period of less than 100 students for the purposes of\n(I) averaging the four-year adjusted cohort graduation rate of the school over a period of three years; or\n(II) establishing a minimum number of students that must be included in the cohort described in clause (i) of subparagraph (A) that will provide a valid graduation rate calculation as determined by the Secretary, below which the school shall be exempt from differentiation and identification under such section.\n(26)\nFree public education\nThe term \u201cfree public education\u201d means education that is provided\u2014\n(A) at public expense, under public supervision and direction, and without tuition charge; and\n(B) as elementary school or secondary school education as determined under applicable State law, except that the term does not include any education provided beyond grade 12.\n(27)\nGifted and talented\nThe term \u201cgifted and talented\u201d, when used with respect to students, children, or youth, means students, children, or youth who give evidence of high achievement capability in areas such as intellectual, creative, artistic, or leadership capacity, or in specific academic fields, and who need services or activities not ordinarily provided by the school in order to fully develop those capabilities.\n(28)\nHigh school\nThe term \u201chigh school\u201d means a secondary school that\u2014\n(A) grants a diploma, as defined by the State; and\n(B) includes, at least, grade 12.\n(29)\nInstitution of higher education\nThe term \u201cinstitution of higher education\u201d has the meaning given that term in\nsection 1001(a) of this title\n(30)\nLocal educational agency\n(A)\nIn general\nThe term \u201clocal educational agency\u201d 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 schools or secondary schools in a city, county, township, school district, or other political subdivision of a State, or of or for a combination of school districts or counties that is recognized in a State as an administrative agency for its public elementary schools or secondary schools.\n(B)\nAdministrative control and direction\nThe term includes any other public institution or agency having administrative control and direction of a public elementary school or secondary school.\n(C)\nBureau of Indian Education schools\nThe term includes an elementary school or secondary school funded by the Bureau of Indian Education but only to the extent that including the school makes the school eligible for programs for which specific eligibility is not provided to the school in another provision of law and the 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 the school shall not be subject to the jurisdiction of any State educational agency other than the Bureau of Indian Education.\n(D)\nEducational service agencies\nThe term includes educational service agencies and consortia of those agencies.\n(E)\nState educational agency\nThe term includes the State educational agency in a State in which the State educational agency is the sole educational agency for all public schools.\n(31)\nMentoring\nThe term \u201cmentoring\u201d, except when used to refer to teacher mentoring, means a process by which a responsible adult, postsecondary student, or secondary school student works with a child to provide a positive role model for the child, to establish a supportive relationship with the child, and to provide the child with academic assistance and exposure to new experiences and examples of opportunity that enhance the ability of the child to become a responsible adult.\n(32)\nMiddle grades\nThe term middle grades means any of grades 5 through 8.\n(33)\nMulti-tier system of supports\nThe term \u201cmulti-tier system of supports\u201d means a comprehensive continuum of evidence-based, systemic practices to support a rapid response to students\u2019 needs, with regular observation to facilitate data-based instructional decisionmaking.\n(34)\nNative American and Native American language\nThe terms \u201cNative American\u201d and \u201cNative American language\u201d have the same meaning given those terms in\nsection 2902 of title 25\n(35)\nOther staff\nThe term \u201cother staff\u201d means specialized instructional support personnel, librarians, career guidance and counseling personnel, education aides, and other instructional and administrative personnel.\n(36)\nOutlying area\nThe term \u201coutlying area\u201d\u2014\n(A) means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands; and\n(B) for the purpose of any discretionary grant program under this chapter, includes the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau, to the extent that any such grant program continues to be available to State and local governments in the United States.\n(37)\nParaprofessional\nThe term \u201cparaprofessional\u201d, also known as a \u201cparaeducator\u201d, includes an education assistant and instructional assistant.\n(38)\nParent\nThe term \u201cparent\u201d includes a legal guardian or other person standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the child\u2019s welfare).\n(39)\nParental involvement\nThe term \u201cparental involvement\u201d means the participation of parents in regular, two-way, and meaningful communication involving student academic learning and other school activities, including ensuring\u2014\n(A) that parents play an integral role in assisting their child\u2019s learning;\n(B) that parents are encouraged to be actively involved in their child\u2019s education at school;\n(C) that parents are full partners in their child\u2019s education and are included, as appropriate, in decisionmaking and on advisory committees to assist in the education of their child; and\n(D) the carrying out of other activities, such as those described in\nsection 6318 of this title\n(40)\nPay for success initiative\nThe term \u201cpay for success initiative\u201d means a performance-based grant, contract, or cooperative agreement awarded by a public entity in which a commitment is made to pay for improved outcomes that result in social benefit and direct cost savings or cost avoidance to the public sector. Such an initiative shall include\u2014\n(A) a feasibility study on the initiative describing how the proposed intervention is based on evidence of effectiveness;\n(B) a rigorous, third-party evaluation that uses experimental or quasi-experimental design or other research methodologies that allow for the strongest possible causal inferences to determine whether the initiative has met its proposed outcomes;\n(C) an annual, publicly available report on the progress of the initiative; and\n(D) a requirement that payments are made to the recipient of a grant, contract, or cooperative agreement only when agreed upon outcomes are achieved, except that the entity may make payments to the third party conducting the evaluation described in subparagraph (B).\n(41)\nPoverty line\nThe term \u201cpoverty line\u201d means the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with\nsection 9902(2) of title 42\n(42)\nProfessional development\nThe term \u201cprofessional development\u201d means activities that\u2014\n(A) are an integral part of school and local educational agency strategies for providing educators (including teachers, principals, other school leaders, specialized instructional support personnel, paraprofessionals, and, as applicable, early childhood educators) with the knowledge and skills necessary to enable students to succeed in a well-rounded education and to meet the challenging State academic standards; and\n(B) are sustained (not stand-alone, 1-day, or short term workshops), intensive, collaborative, job-embedded, data-driven, and classroom-focused, and may include activities that\u2014\n(i) improve and increase teachers\u2019\u2014\n(I) knowledge of the academic subjects the teachers teach;\n(II) understanding of how students learn; and\n(III) ability to analyze student work and achievement from multiple sources, including how to adjust instructional strategies, assessments, and materials based on such analysis;\n(ii) are an integral part of broad schoolwide and districtwide educational improvement plans;\n(iii) allow personalized plans for each educator to address the educator\u2019s specific needs identified in observation or other feedback;\n(iv) improve classroom management skills;\n(v) support the recruitment, hiring, and training of effective teachers, including teachers who became certified through State and local alternative routes to certification;\n(vi) advance teacher understanding of\u2014\n(I) effective instructional strategies that are evidence-based; and\n(II) strategies for improving student academic achievement or substantially increasing the knowledge and teaching skills of teachers;\n(vii) are aligned with, and directly related to, academic goals of the school or local educational agency;\n(viii) are developed with extensive participation of teachers, principals, other school leaders, parents, representatives of Indian tribes (as applicable), and administrators of schools to be served under this chapter;\n(ix) are designed to give teachers of English learners, and other teachers and instructional staff, the knowledge and skills to provide instruction and appropriate language and academic support services to those children, including the appropriate use of curricula and assessments;\n(x) to the extent appropriate, provide training for teachers, principals, and other school leaders in the use of technology (including education about the harms of copyright piracy), so that technology and technology applications are effectively used in the classroom to improve teaching and learning in the curricula and academic subjects in which the teachers teach;\n(xi) as a whole, are regularly evaluated for their impact on increased teacher effectiveness and improved student academic achievement, with the findings of the evaluations used to improve the quality of professional development;\n(xii) are designed to give teachers of children with disabilities or children with developmental delays, and other teachers and instructional staff, the knowledge and skills to provide instruction and academic support services, to those children, including positive behavioral interventions and supports, multi-tier system of supports, and use of accommodations;\n(xiii) include instruction in the use of data and assessments to inform and instruct classroom practice;\n(xiv) include instruction in ways that teachers, principals, other school leaders, specialized instructional support personnel, and school administrators may work more effectively with parents and families;\n(xv) involve the forming of partnerships with institutions of higher education, including, as applicable, Tribal Colleges and Universities as defined in section 316(b) of the Higher Education Act of 1965 (\n20 U.S.C. 1059c(b)\n(xvi) create programs to enable paraprofessionals (assisting teachers employed by a local educational agency receiving assistance under part A of subchapter I) to obtain the education necessary for those paraprofessionals to become certified and licensed teachers;\n(xvii) provide follow-up training to teachers who have participated in activities described in this paragraph that are designed to ensure that the knowledge and skills learned by the teachers are implemented in the classroom; and\n(xviii) where practicable, provide jointly for school staff and other early childhood education program providers, to address the transition to elementary school, including issues related to school readiness.\n(43)\nRegular high school diploma\nThe term \u201cregular high school diploma\u201d\u2014\n(A) means the standard high school diploma awarded to the preponderance of students in the State that is fully aligned with State standards, or a higher diploma, except that a regular high school diploma shall not be aligned to the alternate academic achievement standards described in\nsection 6311(b)(1)(E) of this title\n(B) does not include a recognized equivalent of a diploma, such as a general equivalency diploma, certificate of completion, certificate of attendance, or similar lesser credential.\n(44)\nSchool leader\nThe term \u201cschool leader\u201d means a principal, assistant principal, or other individual who is\u2014\n(A) an employee or officer of an elementary school or secondary school, local educational agency, or other entity operating an elementary school or secondary school; and\n(B) responsible for the daily instructional leadership and managerial operations in the elementary school or secondary school building.\n(45)\nSecondary school\nThe term \u201csecondary school\u201d 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 the term does not include any education beyond grade 12.\n(46)\nSecretary\nThe term \u201cSecretary\u201d means the Secretary of Education.\n(47)\nSpecialized instructional support personnel; specialized instructional support services\n(A)\nSpecialized instructional support personnel\nThe term \u201cspecialized instructional support personnel\u201d means\u2014\n(i) school counselors, school social workers, and school psychologists; and\n(ii) other qualified professional personnel, such as school nurses, speech language pathologists, and school librarians, involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary services (including related services as that term is defined in\nsection 1401 of this title\n(B)\nSpecialized instructional support services\nThe term \u201cspecialized instructional support services\u201d means the services provided by specialized instructional support personnel.\n(48)\nState\nThe term \u201cState\u201d means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.\n(49)\nState educational agency\nThe term \u201cState educational agency\u201d means the agency primarily responsible for the State supervision of public elementary schools and secondary schools.\n(50)\nTechnology\nThe term \u201ctechnology\u201d means modern information, computer and communication technology products, services, or tools, including, the Internet and other communications networks, computer devices and other computer and communications hardware, software applications, data systems, and other electronic content (including multimedia content) and data storage.\n(51)\nUniversal design for learning\nThe term \u201cuniversal design for learning\u201d has the meaning given the term in section 103 of the Higher Education Act of 1965 (\n20 U.S.C. 1003\n(52)\nWell-rounded education\nThe term \u201cwell-rounded education\u201d means courses, activities, and programming in subjects such as English, reading or language arts, writing, science, technology, engineering, mathematics, foreign languages, civics and government, economics, arts, history, geography, computer science, music, career and technical education, health, physical education, and any other subject, as determined by the State or local educational agency, with the purpose of providing all students access to an enriched curriculum and educational experience.","url":"https://projectusc.org/usc/t20/s7801.html","content":[{"t":"sec","id":"/us/usc/t20/s7801","children":[{"t":"num","text":"\u00a7\u202f7801."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"Except as otherwise provided, in this chapter:"},{"t":"para","id":"/us/usc/t20/s7801/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Average daily attendance"},{"t":"subpara","id":"/us/usc/t20/s7801/1/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"Except as provided otherwise by State law or this paragraph, the term \u201caverage daily attendance\u201d means\u2014"},{"t":"clause","id":"/us/usc/t20/s7801/1/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the aggregate number of days of attendance of all students during a school year; divided by","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7801/1/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" the number of days school is in session during that year.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/1/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Conversion"},{"t":"content","children":[{"t":"p","text":"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 other similar data).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/1/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Special rule"},{"t":"chapeau","text":"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 the purpose of this chapter\u2014"},{"t":"clause","id":"/us/usc/t20/s7801/1/C/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" consider the child to be in attendance at a school of the agency making the payment; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7801/1/C/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" not consider the child to be in attendance at a school of the agency receiving the payment.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/1/D","children":[{"t":"num","text":"(D)"},{"t":"heading","text":"Children with disabilities"},{"t":"content","children":[{"t":"p","text":"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 a disability, as defined in ","children":[{"t":"ref","text":"section 1401 of this title","href":"/us/usc/t20/s1401","tail":", the Secretary shall, for the purpose of this chapter, consider the child to be in attendance at a school of the agency making the payment."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Average per-pupil expenditure"},{"t":"chapeau","text":"The term \u201caverage per-pupil expenditure\u201d means, in the case of a State or of the United States\u2014"},{"t":"subpara","id":"/us/usc/t20/s7801/2/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" without regard to the source of funds\u2014"},{"t":"clause","id":"/us/usc/t20/s7801/2/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7801/2/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" any direct current expenditures by the State for the operation of those agencies; divided by","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the aggregate number of children in average daily attendance to whom those agencies provided free public education during that preceding year.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Child"},{"t":"content","children":[{"t":"p","text":"The term \u201cchild\u201d means any person within the age limits for which the State provides free public education.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Child with a disability"},{"t":"content","children":[{"t":"p","text":"The term \u201cchild with a disability\u201d has the same meaning given that term 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/s7801/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Community-based organization"},{"t":"chapeau","text":"The term \u201ccommunity-based organization\u201d means a public or private nonprofit organization of demonstrated effectiveness that\u2014"},{"t":"subpara","id":"/us/usc/t20/s7801/5/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" is representative of a community or significant segments of a community; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/5/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" provides educational or related services to individuals in the community.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Consolidated local application"},{"t":"content","children":[{"t":"p","text":"The term \u201cconsolidated local application\u201d means an application submitted by a local educational agency pursuant to ","children":[{"t":"ref","text":"section 7845 of this title","href":"/us/usc/t20/s7845","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Consolidated local plan"},{"t":"content","children":[{"t":"p","text":"The term \u201cconsolidated local plan\u201d means a plan submitted by a local educational agency pursuant to ","children":[{"t":"ref","text":"section 7845 of this title","href":"/us/usc/t20/s7845","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Consolidated State application"},{"t":"content","children":[{"t":"p","text":"The term \u201cconsolidated State application\u201d means an application submitted by a State educational agency pursuant to ","children":[{"t":"ref","text":"section 7842 of this title","href":"/us/usc/t20/s7842","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"Consolidated State plan"},{"t":"content","children":[{"t":"p","text":"The term \u201cconsolidated State plan\u201d means a plan submitted by a State educational agency pursuant to ","children":[{"t":"ref","text":"section 7842 of this title","href":"/us/usc/t20/s7842","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/10","children":[{"t":"num","text":"(10)"},{"t":"heading","text":"County"},{"t":"content","children":[{"t":"p","text":"The term \u201ccounty\u201d means one of the divisions of a State used by the Secretary of Commerce in compiling and reporting data regarding counties.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/11","children":[{"t":"num","text":"(11)"},{"t":"heading","text":"Covered program"},{"t":"chapeau","text":"The term \u201ccovered program\u201d means each of the programs authorized by\u2014"},{"t":"subpara","id":"/us/usc/t20/s7801/11/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" part A of subchapter I;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/11/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" part C of subchapter I;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/11/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" part D of subchapter I;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/11/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" part A of subchapter II;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/11/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" part A of subchapter III;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/11/F","children":[{"t":"num","text":"(F)"},{"t":"content","text":" part A of subchapter IV;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/11/G","children":[{"t":"num","text":"(G)"},{"t":"content","text":" part B of subchapter IV; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/11/H","children":[{"t":"num","text":"(H)"},{"t":"content","text":" subpart 2 of part B of subchapter V.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/12","children":[{"t":"num","text":"(12)"},{"t":"heading","text":"Current expenditures"},{"t":"chapeau","text":"The term \u201ccurrent expenditures\u201d means expenditures for free public education\u2014"},{"t":"subpara","id":"/us/usc/t20/s7801/12/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/12/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" not including expenditures for community services, capital outlay, and debt service, or any expenditures made from funds received under subchapter I.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/13","children":[{"t":"num","text":"(13)"},{"t":"heading","text":"Department"},{"t":"content","children":[{"t":"p","text":"The term \u201cDepartment\u201d means the Department of Education.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/14","children":[{"t":"num","text":"(14)"},{"t":"heading","text":"Distance learning"},{"t":"content","children":[{"t":"p","text":"The term \u201cdistance learning\u201d means the transmission of educational or instructional programming to geographically dispersed individuals and groups via telecommunications.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/15","children":[{"t":"num","text":"(15)"},{"t":"heading","text":"Dual or concurrent enrollment program"},{"t":"chapeau","text":"The term \u201cdual or concurrent enrollment program\u201d means a program offered by a partnership between at least one institution of higher education and at least one local educational agency through which a secondary school student who has not graduated from high school with a regular high school diploma is able to enroll in one or more postsecondary courses and earn postsecondary credit that\u2014"},{"t":"subpara","id":"/us/usc/t20/s7801/15/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" is transferable to the institutions of higher education in the partnership; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/15/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" applies toward completion of a degree or recognized educational credential as described in the Higher Education Act of 1965 (","children":[{"t":"ref","text":"20 U.S.C. 1001","href":"/us/usc/t20/s1001","tail":" et seq.)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/16","children":[{"t":"num","text":"(16)"},{"t":"heading","text":"Early childhood education program"},{"t":"content","children":[{"t":"p","text":"The term \u201cearly childhood education program\u201d has the meaning given the term in section 103 of the Higher Education Act of 1965 (","children":[{"t":"ref","text":"20 U.S.C. 1003","href":"/us/usc/t20/s1003","tail":")."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/17","children":[{"t":"num","text":"(17)"},{"t":"heading","text":"Early college high school"},{"t":"content","children":[{"t":"p","text":"The term \u201cearly college high school\u201d means a partnership between at least one local educational agency and at least one institution of higher education that allows participants to simultaneously complete requirements toward earning a regular high school diploma and earn not less than 12 credits that are transferable to the institutions of higher education in the partnership as part of an organized course of study toward a postsecondary degree or credential at no cost to the participant or participant\u2019s family.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/18","children":[{"t":"num","text":"(18)"},{"t":"heading","text":"Educational service agency"},{"t":"content","children":[{"t":"p","text":"The term \u201ceducational service agency\u201d means a regional public multiservice agency authorized by State statute to develop, manage, and provide services or programs to local educational agencies.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/19","children":[{"t":"num","text":"(19)"},{"t":"heading","text":"Elementary school"},{"t":"content","children":[{"t":"p","text":"The term \u201celementary school\u201d means a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under State law.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/20","children":[{"t":"num","text":"(20)"},{"t":"heading","text":"English learner"},{"t":"chapeau","text":"The term \u201cEnglish learner\u201d, when used with respect to an individual, means an individual\u2014"},{"t":"subpara","id":"/us/usc/t20/s7801/20/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" who is aged 3 through 21;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/20/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" who is enrolled or preparing to enroll in an elementary school or secondary school;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/20/C","children":[{"t":"num","text":"(C)"},{"t":"clause","id":"/us/usc/t20/s7801/20/C/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" who was not born in the United States or whose native language is a language other than English;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7801/20/C/ii","children":[{"t":"num","text":"(ii)"},{"t":"subclause","id":"/us/usc/t20/s7801/20/C/ii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" who is a Native American or Alaska Native, or a native resident of the outlying areas; and","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t20/s7801/20/C/ii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" who comes from an environment where a language other than English has had a significant impact on the individual\u2019s level of English language proficiency; or","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7801/20/C/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/20/D","children":[{"t":"num","text":"(D)"},{"t":"chapeau","text":" whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual\u2014"},{"t":"clause","id":"/us/usc/t20/s7801/20/D/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the ability to meet the challenging State academic standards;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7801/20/D/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" the ability to successfully achieve in classrooms where the language of instruction is English; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7801/20/D/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" the opportunity to participate fully in society.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/21","children":[{"t":"num","text":"(21)"},{"t":"heading","text":"Evidence-based"},{"t":"subpara","id":"/us/usc/t20/s7801/21/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"Except as provided in subparagraph (B), the term \u201cevidence-based\u201d, when used with respect to a State, local educational agency, or school activity, means an activity, strategy, or intervention that\u2014"},{"t":"clause","id":"/us/usc/t20/s7801/21/A/i","children":[{"t":"num","text":"(i)"},{"t":"chapeau","text":" demonstrates a statistically significant effect on improving student outcomes or other relevant outcomes based on\u2014"},{"t":"subclause","id":"/us/usc/t20/s7801/21/A/i/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" strong evidence from at least 1 well-designed and well-implemented experimental study;","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t20/s7801/21/A/i/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" moderate evidence from at least 1 well-designed and well-implemented quasi-experimental study; or","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t20/s7801/21/A/i/III","children":[{"t":"num","text":"(III)"},{"t":"content","text":" promising evidence from at least 1 well-designed and well-implemented correlational study with statistical controls for selection bias; or","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7801/21/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"subclause","id":"/us/usc/t20/s7801/21/A/ii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" demonstrates a rationale based on high-quality research findings or positive evaluation that such activity, strategy, or intervention is likely to improve student outcomes or other relevant outcomes; and","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t20/s7801/21/A/ii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" includes ongoing efforts to examine the effects of such activity, strategy, or intervention.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/21/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Definition for specific activities funded under this chapter"},{"t":"content","children":[{"t":"p","text":"When used with respect to interventions or improvement activities or strategies funded under ","children":[{"t":"ref","text":"section 6303 of this title","href":"/us/usc/t20/s6303","tail":", the term \u201cevidence-based\u201d means a State, local educational agency, or school activity, strategy, or intervention that meets the requirements of subclause (I), (II), or (III) of subparagraph (A)(i)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/22","children":[{"t":"num","text":"(22)"},{"t":"heading","text":"Expanded learning time"},{"t":"chapeau","text":"The term \u201cexpanded learning time\u201d means using a longer school day, week, or year schedule to significantly increase the total number of school hours, in order to include additional time for\u2014"},{"t":"subpara","id":"/us/usc/t20/s7801/22/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" activities and instruction for enrichment as part of a well-rounded education; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/22/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" instructional and support staff to collaborate, plan, and engage in professional development (including professional development on family and community engagement) within and across grades and subjects.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/23","children":[{"t":"num","text":"(23)"},{"t":"heading","text":"Extended-year adjusted cohort graduation rate"},{"t":"subpara","id":"/us/usc/t20/s7801/23/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"The term \u201cextended-year adjusted cohort graduation rate\u201d means the fraction\u2014"},{"t":"clause","id":"/us/usc/t20/s7801/23/A/i","children":[{"t":"num","text":"(i)"},{"t":"chapeau","text":" the denominator of which consists of the number of students who form the original cohort of entering first-time students in grade 9 enrolled in the high school no later than the date by which student membership data must be collected annually by State educational agencies for submission to the National Center for Education Statistics under ","children":[{"t":"ref","text":"section 9543 of this title","href":"/us/usc/t20/s9543","tail":", adjusted by\u2014"}]},{"t":"subclause","id":"/us/usc/t20/s7801/23/A/i/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" adding the students who joined that cohort, after the date of the determination of the original cohort; and","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t20/s7801/23/A/i/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" subtracting only those students who left that cohort, after the date of the determination of the original cohort, as described in subparagraph (B); and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7801/23/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"chapeau","text":" the numerator of which\u2014"},{"t":"subclause","id":"/us/usc/t20/s7801/23/A/ii/I","children":[{"t":"num","text":"(I)"},{"t":"chapeau","text":" consists of the sum of\u2014"},{"t":"num","text":"(aa)"},{"t":"chapeau","text":" the number of students in the cohort, as adjusted under clause (i), who earned a regular high school diploma before, during, or at the conclusion of\u2014"},{"t":"num","text":"(AA)"},{"t":"content","text":" one or more additional years beyond the fourth year of high school; or"},{"t":"text","text":"\n"},{"t":"text","text":"\n"},{"t":"num","text":"(BB)"},{"t":"content","text":" a summer session immediately following the additional year of high school; and"},{"t":"text","text":"\n"},{"t":"text","text":"\n","tail":"\n"},{"t":"num","text":"(bb)"},{"t":"chapeau","text":" all students with the most significant cognitive disabilities in the cohort, as adjusted under clause (i), assessed using the alternate assessment aligned to alternate academic achievement standards under ","children":[{"t":"ref","text":"section 6311(b)(2)(D) of this title","href":"/us/usc/t20/s6311/b/2/D","tail":" and awarded a State-defined alternate diploma that is\u2014"}]},{"t":"num","text":"(AA)"},{"t":"content","text":" standards-based;"},{"t":"text","text":"\n"},{"t":"text","text":"\n"},{"t":"num","text":"(BB)"},{"t":"content","text":" aligned with the State requirements for the regular high school diploma; and"},{"t":"text","text":"\n"},{"t":"text","text":"\n"},{"t":"num","text":"(CC)"},{"t":"content","text":" obtained within the time period for which the State ensures the availability of a free appropriate public education under ","children":[{"t":"ref","text":"section 1412(a)(1) of this title","href":"/us/usc/t20/s1412/a/1","tail":"; and"}]},{"t":"text","text":"\n"},{"t":"text","text":"\n","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t20/s7801/23/A/ii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" shall not include any student awarded a recognized equivalent of a diploma, such as a general equivalency diploma, certificate of completion, certificate of attendance, or similar lesser credential.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/23/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Cohort removal"},{"t":"content","children":[{"t":"p","text":"To remove a student from a cohort, a school or local educational agency shall require documentation, or obtain documentation from the State educational agency, to confirm that the student has transferred out, emigrated to another country, or transferred to a prison or juvenile facility, or is deceased.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/23/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Transferred out"},{"t":"content","children":[{"t":"p","text":"For purposes of this paragraph, the term \u201ctransferred out\u201d has the meaning given the term in clauses (i), (ii), and (iii) of paragraph (25)(C).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/23/D","children":[{"t":"num","text":"(D)"},{"t":"heading","text":"Special rules"},{"t":"clause","id":"/us/usc/t20/s7801/23/D/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"Schools starting after grade 9"},{"t":"content","children":[{"t":"p","text":"For those high schools that start after grade 9, the original cohort shall be calculated for the earliest high school grade students attend no later than the date by which student membership data is collected annually by State educational agencies for submission to the National Center for Education Statistics pursuant to ","children":[{"t":"ref","text":"section 9543 of this title","href":"/us/usc/t20/s9543","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7801/23/D/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Very small schools"},{"t":"chapeau","text":"A State educational agency may calculate the extended year adjusted cohort graduation rate described under this paragraph for a high school with an average enrollment over a 4-year period of less than 100 students for the purposes of ","children":[{"t":"ref","text":"section 6311(c)(4) of this title","href":"/us/usc/t20/s6311/c/4","tail":" by\u2014"}]},{"t":"subclause","id":"/us/usc/t20/s7801/23/D/ii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" averaging the extended-year adjusted cohort graduation rate of the school over a period of three years; or","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t20/s7801/23/D/ii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" establishing a minimum number of students that must be included in the cohort described in clause (i) of subparagraph (A) that will provide a valid graduation rate calculation as determined by the Secretary, below which the school shall be exempt from differentiation and identification under such section.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/24","children":[{"t":"num","text":"(24)"},{"t":"heading","text":"Family literacy services"},{"t":"chapeau","text":"The term \u201cfamily literacy services\u201d 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:"},{"t":"subpara","id":"/us/usc/t20/s7801/24/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" Interactive literacy activities between parents and their children.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/24/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" Training for parents regarding how to be the primary teacher for their children and full partners in the education of their children.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/24/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" Parent literacy training that leads to economic self-sufficiency.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/24/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" An age-appropriate education to prepare children for success in school and life experiences.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/25","children":[{"t":"num","text":"(25)"},{"t":"heading","text":"Four-year adjusted cohort graduation rate"},{"t":"subpara","id":"/us/usc/t20/s7801/25/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"The term \u201cfour-year adjusted cohort graduation rate\u201d means the fraction\u2014"},{"t":"clause","id":"/us/usc/t20/s7801/25/A/i","children":[{"t":"num","text":"(i)"},{"t":"chapeau","text":" the denominator of which consists of the number of students who form the original cohort of entering first-time students in grade 9 enrolled in the high school no later than the date by which student membership data is collected annually by State educational agencies for submission to the National Center for Education Statistics pursuant to ","children":[{"t":"ref","text":"section 9543 of this title","href":"/us/usc/t20/s9543","tail":", adjusted by\u2014"}]},{"t":"subclause","id":"/us/usc/t20/s7801/25/A/i/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" adding the students who joined that cohort, after the date of the determination of the original cohort; and","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t20/s7801/25/A/i/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" subtracting only those students who left that cohort, after the date of the determination of the original cohort, as described in subparagraph (B); and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7801/25/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"chapeau","text":" the numerator of which\u2014"},{"t":"subclause","id":"/us/usc/t20/s7801/25/A/ii/I","children":[{"t":"num","text":"(I)"},{"t":"chapeau","text":" consists of the sum of\u2014"},{"t":"num","text":"(aa)"},{"t":"chapeau","text":" the number of students in the cohort, as adjusted under clause (i), who earned a regular high school diploma before, during, or at the conclusion of\u2014"},{"t":"num","text":"(AA)"},{"t":"content","text":" the fourth year of high school; or"},{"t":"text","text":"\n"},{"t":"text","text":"\n"},{"t":"num","text":"(BB)"},{"t":"content","text":" a summer session immediately following the fourth year of high school; and"},{"t":"text","text":"\n"},{"t":"text","text":"\n","tail":"\n"},{"t":"num","text":"(bb)"},{"t":"chapeau","text":" all students with the most significant cognitive disabilities in the cohort, as adjusted under clause (i), assessed using the alternate assessment aligned to alternate academic achievement standards under ","children":[{"t":"ref","text":"section 6311(b)(2)(D) of this title","href":"/us/usc/t20/s6311/b/2/D","tail":" and awarded a State-defined alternate diploma that is\u2014"}]},{"t":"num","text":"(AA)"},{"t":"content","text":" standards-based;"},{"t":"text","text":"\n"},{"t":"text","text":"\n"},{"t":"num","text":"(BB)"},{"t":"content","text":" aligned with the State requirements for the regular high school diploma; and"},{"t":"text","text":"\n"},{"t":"text","text":"\n"},{"t":"num","text":"(CC)"},{"t":"content","text":" obtained within the time period for which the State ensures the availability of a free appropriate public education under ","children":[{"t":"ref","text":"section 1412(a)(1) of this title","href":"/us/usc/t20/s1412/a/1","tail":"; and"}]},{"t":"text","text":"\n"},{"t":"text","text":"\n","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t20/s7801/25/A/ii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" shall not include any student awarded a recognized equivalent of a diploma, such as a general equivalency diploma, certificate of completion, certificate of attendance, or similar lesser credential.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/25/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Cohort removal"},{"t":"content","children":[{"t":"p","text":"To remove a student from a cohort, a school or local educational agency shall require documentation, or obtain documentation from the State educational agency, to confirm that the student has transferred out, emigrated to another country, or transferred to a prison or juvenile facility, or is deceased.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/25/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Transferred out"},{"t":"clause","id":"/us/usc/t20/s7801/25/C/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"For purposes of this paragraph, the term \u201ctransferred out\u201d means that a student, as confirmed by the high school or local educational agency in accordance with clause (ii), has transferred to\u2014"},{"t":"subclause","id":"/us/usc/t20/s7801/25/C/i/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" another school from which the student is expected to receive a regular high school diploma; or","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t20/s7801/25/C/i/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" another educational program from which the student is expected to receive a regular high school diploma or an alternate diploma that meets the requirements of subparagraph (A)(ii)(I)(bb).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7801/25/C/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Confirmation requirements"},{"t":"subclause","id":"/us/usc/t20/s7801/25/C/ii/I","children":[{"t":"num","text":"(I)"},{"t":"heading","text":"Documentation required"},{"t":"content","children":[{"t":"p","text":"The confirmation of a student\u2019s transfer to another school or educational program described in clause (i) requires documentation of such transfer from the receiving school or program in which the student enrolled.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t20/s7801/25/C/ii/II","children":[{"t":"num","text":"(II)"},{"t":"heading","text":"Lack of confirmation"},{"t":"content","children":[{"t":"p","text":"A student who was enrolled in a high school, but for whom there is no confirmation of the student having transferred out, shall remain in the adjusted cohort.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7801/25/C/iii","children":[{"t":"num","text":"(iii)"},{"t":"heading","text":"Programs not providing credit"},{"t":"content","children":[{"t":"p","text":"Except as provided in subparagraph (A)(ii)(I)(bb), a student who is retained in grade or who is enrolled in a program leading to a general equivalency diploma, or other alternative educational program that does not issue or provide credit toward the issuance of a regular high school diploma, shall not be considered transferred out and shall remain in the adjusted cohort.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/25/D","children":[{"t":"num","text":"(D)"},{"t":"heading","text":"Special rules"},{"t":"clause","id":"/us/usc/t20/s7801/25/D/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"Schools starting after grade 9"},{"t":"content","children":[{"t":"p","text":"For those high schools that start after grade 9, the original cohort shall be calculated for the earliest high school grade students attend no later than the date by which student membership data must be collected annually by State educational agencies for submission to the National Center for Education Statistics pursuant to ","children":[{"t":"ref","text":"section 9543 of this title","href":"/us/usc/t20/s9543","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7801/25/D/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Very small schools"},{"t":"chapeau","text":"A State educational agency may calculate the four-year adjusted cohort graduation rate described under this paragraph for a high school with an average enrollment over a 4-year period of less than 100 students for the purposes of ","children":[{"t":"ref","text":"section 6311(c)(4) of this title","href":"/us/usc/t20/s6311/c/4","tail":" by\u2014"}]},{"t":"subclause","id":"/us/usc/t20/s7801/25/D/ii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" averaging the four-year adjusted cohort graduation rate of the school over a period of three years; or","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t20/s7801/25/D/ii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" establishing a minimum number of students that must be included in the cohort described in clause (i) of subparagraph (A) that will provide a valid graduation rate calculation as determined by the Secretary, below which the school shall be exempt from differentiation and identification under such section.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/26","children":[{"t":"num","text":"(26)"},{"t":"heading","text":"Free public education"},{"t":"chapeau","text":"The term \u201cfree public education\u201d means education that is provided\u2014"},{"t":"subpara","id":"/us/usc/t20/s7801/26/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" at public expense, under public supervision and direction, and without tuition charge; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/26/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" as elementary school or secondary school education as determined under applicable State law, except that the term does not include any education provided beyond grade 12.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/27","children":[{"t":"num","text":"(27)"},{"t":"heading","text":"Gifted and talented"},{"t":"content","children":[{"t":"p","text":"The term \u201cgifted and talented\u201d, when used with respect to students, children, or youth, means students, children, or youth who give evidence of high achievement capability in areas such as intellectual, creative, artistic, or leadership capacity, or in specific academic fields, and who need services or activities not ordinarily provided by the school in order to fully develop those capabilities.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/28","children":[{"t":"num","text":"(28)"},{"t":"heading","text":"High school"},{"t":"chapeau","text":"The term \u201chigh school\u201d means a secondary school that\u2014"},{"t":"subpara","id":"/us/usc/t20/s7801/28/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" grants a diploma, as defined by the State; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/28/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" includes, at least, grade 12.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/29","children":[{"t":"num","text":"(29)"},{"t":"heading","text":"Institution of higher education"},{"t":"content","children":[{"t":"p","text":"The term \u201cinstitution of higher education\u201d has the meaning given that term in ","children":[{"t":"ref","text":"section 1001(a) of this title","href":"/us/usc/t20/s1001/a","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/30","children":[{"t":"num","text":"(30)"},{"t":"heading","text":"Local educational agency"},{"t":"subpara","id":"/us/usc/t20/s7801/30/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The term \u201clocal educational agency\u201d 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 schools or secondary schools in a city, county, township, school district, or other political subdivision of a State, or of or for a combination of school districts or counties that is recognized in a State as an administrative agency for its public elementary schools or secondary schools.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/30/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Administrative control and direction"},{"t":"content","children":[{"t":"p","text":"The term includes any other public institution or agency having administrative control and direction of a public elementary school or secondary school.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/30/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Bureau of Indian Education schools"},{"t":"content","children":[{"t":"p","text":"The term includes an elementary school or secondary school funded by the Bureau of Indian Education but only to the extent that including the school makes the school eligible for programs for which specific eligibility is not provided to the school in another provision of law and the 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 the school shall not be subject to the jurisdiction of any State educational agency other than the Bureau of Indian Education.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/30/D","children":[{"t":"num","text":"(D)"},{"t":"heading","text":"Educational service agencies"},{"t":"content","children":[{"t":"p","text":"The term includes educational service agencies and consortia of those agencies.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/30/E","children":[{"t":"num","text":"(E)"},{"t":"heading","text":"State educational agency"},{"t":"content","children":[{"t":"p","text":"The term includes the State educational agency in a State in which the State educational agency is the sole educational agency for all public schools.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/31","children":[{"t":"num","text":"(31)"},{"t":"heading","text":"Mentoring"},{"t":"content","children":[{"t":"p","text":"The term \u201cmentoring\u201d, except when used to refer to teacher mentoring, means a process by which a responsible adult, postsecondary student, or secondary school student works with a child to provide a positive role model for the child, to establish a supportive relationship with the child, and to provide the child with academic assistance and exposure to new experiences and examples of opportunity that enhance the ability of the child to become a responsible adult.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/32","children":[{"t":"num","text":"(32)"},{"t":"heading","text":"Middle grades"},{"t":"content","children":[{"t":"p","text":"The term middle grades means any of grades 5 through 8.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/33","children":[{"t":"num","text":"(33)"},{"t":"heading","text":"Multi-tier system of supports"},{"t":"content","children":[{"t":"p","text":"The term \u201cmulti-tier system of supports\u201d means a comprehensive continuum of evidence-based, systemic practices to support a rapid response to students\u2019 needs, with regular observation to facilitate data-based instructional decisionmaking.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/34","children":[{"t":"num","text":"(34)"},{"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 have the same meaning given those 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/s7801/35","children":[{"t":"num","text":"(35)"},{"t":"heading","text":"Other staff"},{"t":"content","children":[{"t":"p","text":"The term \u201cother staff\u201d means specialized instructional support personnel, librarians, career guidance and counseling personnel, education aides, and other instructional and administrative personnel.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/36","children":[{"t":"num","text":"(36)"},{"t":"heading","text":"Outlying area"},{"t":"chapeau","text":"The term \u201coutlying area\u201d\u2014"},{"t":"subpara","id":"/us/usc/t20/s7801/36/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/36/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" for the purpose of any discretionary grant program under this chapter, includes the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau, to the extent that any such grant program continues to be available to State and local governments in the United States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/37","children":[{"t":"num","text":"(37)"},{"t":"heading","text":"Paraprofessional"},{"t":"content","children":[{"t":"p","text":"The term \u201cparaprofessional\u201d, also known as a \u201cparaeducator\u201d, includes an education assistant and instructional assistant.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/38","children":[{"t":"num","text":"(38)"},{"t":"heading","text":"Parent"},{"t":"content","children":[{"t":"p","text":"The term \u201cparent\u201d includes a legal guardian or other person standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the child\u2019s welfare).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/39","children":[{"t":"num","text":"(39)"},{"t":"heading","text":"Parental involvement"},{"t":"chapeau","text":"The term \u201cparental involvement\u201d means the participation of parents in regular, two-way, and meaningful communication involving student academic learning and other school activities, including ensuring\u2014"},{"t":"subpara","id":"/us/usc/t20/s7801/39/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" that parents play an integral role in assisting their child\u2019s learning;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/39/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" that parents are encouraged to be actively involved in their child\u2019s education at school;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/39/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" that parents are full partners in their child\u2019s education and are included, as appropriate, in decisionmaking and on advisory committees to assist in the education of their child; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/39/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" the carrying out of other activities, such as those described in ","children":[{"t":"ref","text":"section 6318 of this title","href":"/us/usc/t20/s6318","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/40","children":[{"t":"num","text":"(40)"},{"t":"heading","text":"Pay for success initiative"},{"t":"chapeau","text":"The term \u201cpay for success initiative\u201d means a performance-based grant, contract, or cooperative agreement awarded by a public entity in which a commitment is made to pay for improved outcomes that result in social benefit and direct cost savings or cost avoidance to the public sector. Such an initiative shall include\u2014"},{"t":"subpara","id":"/us/usc/t20/s7801/40/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" a feasibility study on the initiative describing how the proposed intervention is based on evidence of effectiveness;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/40/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" a rigorous, third-party evaluation that uses experimental or quasi-experimental design or other research methodologies that allow for the strongest possible causal inferences to determine whether the initiative has met its proposed outcomes;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/40/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" an annual, publicly available report on the progress of the initiative; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/40/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" a requirement that payments are made to the recipient of a grant, contract, or cooperative agreement only when agreed upon outcomes are achieved, except that the entity may make payments to the third party conducting the evaluation described in subparagraph (B).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/41","children":[{"t":"num","text":"(41)"},{"t":"heading","text":"Poverty line"},{"t":"content","children":[{"t":"p","text":"The term \u201cpoverty line\u201d means the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with ","children":[{"t":"ref","text":"section 9902(2) of title 42","href":"/us/usc/t42/s9902/2","tail":") applicable to a family of the size involved."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/42","children":[{"t":"num","text":"(42)"},{"t":"heading","text":"Professional development"},{"t":"chapeau","text":"The term \u201cprofessional development\u201d means activities that\u2014"},{"t":"subpara","id":"/us/usc/t20/s7801/42/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" are an integral part of school and local educational agency strategies for providing educators (including teachers, principals, other school leaders, specialized instructional support personnel, paraprofessionals, and, as applicable, early childhood educators) with the knowledge and skills necessary to enable students to succeed in a well-rounded education and to meet the challenging State academic standards; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/42/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" are sustained (not stand-alone, 1-day, or short term workshops), intensive, collaborative, job-embedded, data-driven, and classroom-focused, and may include activities that\u2014"},{"t":"clause","id":"/us/usc/t20/s7801/42/B/i","children":[{"t":"num","text":"(i)"},{"t":"chapeau","text":" improve and increase teachers\u2019\u2014"},{"t":"subclause","id":"/us/usc/t20/s7801/42/B/i/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" knowledge of the academic subjects the teachers teach;","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t20/s7801/42/B/i/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" understanding of how students learn; and","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t20/s7801/42/B/i/III","children":[{"t":"num","text":"(III)"},{"t":"content","text":" ability to analyze student work and achievement from multiple sources, including how to adjust instructional strategies, assessments, and materials based on such analysis;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7801/42/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" are an integral part of broad schoolwide and districtwide educational improvement plans;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7801/42/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" allow personalized plans for each educator to address the educator\u2019s specific needs identified in observation or other feedback;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7801/42/B/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" improve classroom management skills;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7801/42/B/v","children":[{"t":"num","text":"(v)"},{"t":"content","text":" support the recruitment, hiring, and training of effective teachers, including teachers who became certified through State and local alternative routes to certification;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7801/42/B/vi","children":[{"t":"num","text":"(vi)"},{"t":"chapeau","text":" advance teacher understanding of\u2014"},{"t":"subclause","id":"/us/usc/t20/s7801/42/B/vi/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" effective instructional strategies that are evidence-based; and","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t20/s7801/42/B/vi/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" strategies for improving student academic achievement or substantially increasing the knowledge and teaching skills of teachers;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7801/42/B/vii","children":[{"t":"num","text":"(vii)"},{"t":"content","text":" are aligned with, and directly related to, academic goals of the school or local educational agency;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7801/42/B/viii","children":[{"t":"num","text":"(viii)"},{"t":"content","text":" are developed with extensive participation of teachers, principals, other school leaders, parents, representatives of Indian tribes (as applicable), and administrators of schools to be served under this chapter;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7801/42/B/ix","children":[{"t":"num","text":"(ix)"},{"t":"content","text":" are designed to give teachers of English learners, and other teachers and instructional staff, the knowledge and skills to provide instruction and appropriate language and academic support services to those children, including the appropriate use of curricula and assessments;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7801/42/B/x","children":[{"t":"num","text":"(x)"},{"t":"content","text":" to the extent appropriate, provide training for teachers, principals, and other school leaders in the use of technology (including education about the harms of copyright piracy), so that technology and technology applications are effectively used in the classroom to improve teaching and learning in the curricula and academic subjects in which the teachers teach;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7801/42/B/xi","children":[{"t":"num","text":"(xi)"},{"t":"content","text":" as a whole, are regularly evaluated for their impact on increased teacher effectiveness and improved student academic achievement, with the findings of the evaluations used to improve the quality of professional development;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7801/42/B/xii","children":[{"t":"num","text":"(xii)"},{"t":"content","text":" are designed to give teachers of children with disabilities or children with developmental delays, and other teachers and instructional staff, the knowledge and skills to provide instruction and academic support services, to those children, including positive behavioral interventions and supports, multi-tier system of supports, and use of accommodations;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7801/42/B/xiii","children":[{"t":"num","text":"(xiii)"},{"t":"content","text":" include instruction in the use of data and assessments to inform and instruct classroom practice;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7801/42/B/xiv","children":[{"t":"num","text":"(xiv)"},{"t":"content","text":" include instruction in ways that teachers, principals, other school leaders, specialized instructional support personnel, and school administrators may work more effectively with parents and families;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7801/42/B/xv","children":[{"t":"num","text":"(xv)"},{"t":"content","text":" involve the forming of partnerships with institutions of higher education, including, as applicable, Tribal Colleges and Universities as defined in section 316(b) of the Higher Education Act of 1965 (","children":[{"t":"ref","text":"20 U.S.C. 1059c(b)","href":"/us/usc/t20/s1059c/b","tail":"), to establish school-based teacher, principal, and other school leader training programs that provide prospective teachers, novice teachers, principals, and other school leaders with an opportunity to work under the guidance of experienced teachers, principals, other school leaders, and faculty of such institutions;"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7801/42/B/xvi","children":[{"t":"num","text":"(xvi)"},{"t":"content","text":" create programs to enable paraprofessionals (assisting teachers employed by a local educational agency receiving assistance under part A of subchapter I) to obtain the education necessary for those paraprofessionals to become certified and licensed teachers;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7801/42/B/xvii","children":[{"t":"num","text":"(xvii)"},{"t":"content","text":" provide follow-up training to teachers who have participated in activities described in this paragraph that are designed to ensure that the knowledge and skills learned by the teachers are implemented in the classroom; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7801/42/B/xviii","children":[{"t":"num","text":"(xviii)"},{"t":"content","text":" where practicable, provide jointly for school staff and other early childhood education program providers, to address the transition to elementary school, including issues related to school readiness.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/43","children":[{"t":"num","text":"(43)"},{"t":"heading","text":"Regular high school diploma"},{"t":"chapeau","text":"The term \u201cregular high school diploma\u201d\u2014"},{"t":"subpara","id":"/us/usc/t20/s7801/43/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" means the standard high school diploma awarded to the preponderance of students in the State that is fully aligned with State standards, or a higher diploma, except that a regular high school diploma shall not be aligned to the alternate academic achievement standards described in ","children":[{"t":"ref","text":"section 6311(b)(1)(E) of this title","href":"/us/usc/t20/s6311/b/1/E","tail":"; and"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/43/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" does not include a recognized equivalent of a diploma, such as a general equivalency diploma, certificate of completion, certificate of attendance, or similar lesser credential.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/44","children":[{"t":"num","text":"(44)"},{"t":"heading","text":"School leader"},{"t":"chapeau","text":"The term \u201cschool leader\u201d means a principal, assistant principal, or other individual who is\u2014"},{"t":"subpara","id":"/us/usc/t20/s7801/44/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" an employee or officer of an elementary school or secondary school, local educational agency, or other entity operating an elementary school or secondary school; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/44/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" responsible for the daily instructional leadership and managerial operations in the elementary school or secondary school building.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/45","children":[{"t":"num","text":"(45)"},{"t":"heading","text":"Secondary school"},{"t":"content","children":[{"t":"p","text":"The term \u201csecondary school\u201d 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 the term does not include any education beyond grade 12.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/46","children":[{"t":"num","text":"(46)"},{"t":"heading","text":"Secretary"},{"t":"content","children":[{"t":"p","text":"The term \u201cSecretary\u201d means the Secretary of Education.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/47","children":[{"t":"num","text":"(47)"},{"t":"heading","text":"Specialized instructional support personnel; specialized instructional support services"},{"t":"subpara","id":"/us/usc/t20/s7801/47/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Specialized instructional support personnel"},{"t":"chapeau","text":"The term \u201cspecialized instructional support personnel\u201d means\u2014"},{"t":"clause","id":"/us/usc/t20/s7801/47/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" school counselors, school social workers, and school psychologists; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7801/47/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" other qualified professional personnel, such as school nurses, speech language pathologists, and school librarians, involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary services (including related services as that term is defined in ","children":[{"t":"ref","text":"section 1401 of this title","href":"/us/usc/t20/s1401","tail":") as part of a comprehensive program to meet student needs."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7801/47/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Specialized instructional support services"},{"t":"content","children":[{"t":"p","text":"The term \u201cspecialized instructional support services\u201d means the services provided by specialized instructional support personnel.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/48","children":[{"t":"num","text":"(48)"},{"t":"heading","text":"State"},{"t":"content","children":[{"t":"p","text":"The term \u201cState\u201d means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/49","children":[{"t":"num","text":"(49)"},{"t":"heading","text":"State educational agency"},{"t":"content","children":[{"t":"p","text":"The term \u201cState educational agency\u201d means the agency primarily responsible for the State supervision of public elementary schools and secondary schools.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/50","children":[{"t":"num","text":"(50)"},{"t":"heading","text":"Technology"},{"t":"content","children":[{"t":"p","text":"The term \u201ctechnology\u201d means modern information, computer and communication technology products, services, or tools, including, the Internet and other communications networks, computer devices and other computer and communications hardware, software applications, data systems, and other electronic content (including multimedia content) and data storage.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/51","children":[{"t":"num","text":"(51)"},{"t":"heading","text":"Universal design for learning"},{"t":"content","children":[{"t":"p","text":"The term \u201cuniversal design for learning\u201d has the meaning given the term in section 103 of the Higher Education Act of 1965 (","children":[{"t":"ref","text":"20 U.S.C. 1003","href":"/us/usc/t20/s1003","tail":")."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7801/52","children":[{"t":"num","text":"(52)"},{"t":"heading","text":"Well-rounded education"},{"t":"content","children":[{"t":"p","text":"The term \u201cwell-rounded education\u201d means courses, activities, and programming in subjects such as English, reading or language arts, writing, science, technology, engineering, mathematics, foreign languages, civics and government, economics, arts, history, geography, computer science, music, career and technical education, health, physical education, and any other subject, as determined by the State or local educational agency, with the purpose of providing all students access to an enriched curriculum and educational experience.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}