Except as otherwise provided, in this chapter:
Except as provided otherwise by State law or this paragraph, the term "average daily attendance" means-
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).
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-
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 section 1401 of this title, 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.
The term "average per-pupil expenditure" means, in the case of a State or of the United States-
The term "child" means any person within the age limits for which the State provides free public education.
The term "child with a disability" has the same meaning given that term in section 1401 of this title.
The term "community-based organization" means a public or private nonprofit organization of demonstrated effectiveness that-
The term "consolidated local application" means an application submitted by a local educational agency pursuant to section 7845 of this title.
The term "consolidated local plan" means a plan submitted by a local educational agency pursuant to section 7845 of this title.
The term "consolidated State application" means an application submitted by a State educational agency pursuant to section 7842 of this title.
The term "consolidated State plan" means a plan submitted by a State educational agency pursuant to section 7842 of this title.
The term "county" means one of the divisions of a State used by the Secretary of Commerce in compiling and reporting data regarding counties.
The term "covered program" means each of the programs authorized by-
The term "current expenditures" means expenditures for free public education-
The term "Department" means the Department of Education.
The term "distance learning" means the transmission of educational or instructional programming to geographically dispersed individuals and groups via telecommunications.
The term "dual or concurrent enrollment program" 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-
The term "early childhood education program" has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).
The term "early college high school" 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's family.
The term "educational service agency" means a regional public multiservice agency authorized by State statute to develop, manage, and provide services or programs to local educational agencies.
The term "elementary school" means a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under State law.
The term "English learner", when used with respect to an individual, means an individual-
Except as provided in subparagraph (B), the term "evidence-based", when used with respect to a State, local educational agency, or school activity, means an activity, strategy, or intervention that-
When used with respect to interventions or improvement activities or strategies funded under section 6303 of this title, the term "evidence-based" 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).
The term "expanded learning time" 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-
The term "extended-year adjusted cohort graduation rate" means the fraction-
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.
For purposes of this paragraph, the term "transferred out" has the meaning given the term in clauses (i), (ii), and (iii) of paragraph (25)(C).
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 section 9543 of this title.
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 section 6311(c)(4) of this title by-
The term "family literacy services" means services provided to participants on a voluntary basis that are of sufficient intensity in terms of hours, and of sufficient duration, to make sustainable changes in a family, and that integrate all of the following activities:
The term "four-year adjusted cohort graduation rate" means the fraction-
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.
For purposes of this paragraph, the term "transferred out" means that a student, as confirmed by the high school or local educational agency in accordance with clause (ii), has transferred to-
The confirmation of a student's 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.
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.
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.
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 section 9543 of this title.
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 section 6311(c)(4) of this title by-
The term "free public education" means education that is provided-
The term "gifted and talented", 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.
The term "high school" means a secondary school that-
The term "institution of higher education" has the meaning given that term in section 1001(a) of this title.
The term "local educational agency" means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary 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.
The term includes any other public institution or agency having administrative control and direction of a public elementary school or secondary school.
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.
The term includes educational service agencies and consortia of those agencies.
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.
The term "mentoring", 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.
The term middle grades means any of grades 5 through 8.
The term "multi-tier system of supports" means a comprehensive continuum of evidence-based, systemic practices to support a rapid response to students' needs, with regular observation to facilitate data-based instructional decisionmaking.
The terms "Native American" and "Native American language" have the same meaning given those terms in section 2902 of title 25.
The term "other staff" means specialized instructional support personnel, librarians, career guidance and counseling personnel, education aides, and other instructional and administrative personnel.
The term "outlying area"-
The term "paraprofessional", also known as a "paraeducator", includes an education assistant and instructional assistant.
The term "parent" 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's welfare).
The term "parental involvement" means the participation of parents in regular, two-way, and meaningful communication involving student academic learning and other school activities, including ensuring-
The term "pay for success initiative" 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-
The term "poverty line" means the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 9902(2) of title 42) applicable to a family of the size involved.
The term "professional development" means activities that-
The term "regular high school diploma"-
The term "school leader" means a principal, assistant principal, or other individual who is-
The term "secondary school" means a nonprofit institutional day or residential school, including a public secondary charter school, that provides secondary education, as determined under State law, except that the term does not include any education beyond grade 12.
The term "Secretary" means the Secretary of Education.
The term "specialized instructional support personnel" means-
The term "specialized instructional support services" means the services provided by specialized instructional support personnel.
The term "State" means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.
The term "State educational agency" means the agency primarily responsible for the State supervision of public elementary schools and secondary schools.
The term "technology" 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.
The term "universal design for learning" has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).
The term "well-rounded education" 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.
20 U.S.C. § 7801
EDITORIAL NOTES
REFERENCES IN TEXTThe Higher Education Act of 1965, referred to in par. (15)(B), is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, which is classified generally to chapter 28 (§1001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables.
PRIOR PROVISIONSA prior section 7801, Pub. L. 89-10, title IX, §9101, as added Pub. L. 103-382, §101, 108 Stat. 3773, set forth findings regarding Indian education, prior to the general amendment of former subchapter IX of this chapter by Pub. L. 107-110.
AMENDMENTS2024-Par. (36). Pub. L. 118-42 amended par. (36) generally. Prior to amendment, par. (36) consisted of subpars. (A) to (C) defining outlying area. 2015- Pub. L. 114-95, §8002 (19), struck out undesignated par. following par. (47) which defined "State". Pars. (3) to (6). Pub. L. 114-95, §8002(1), (2), redesignated pars. (4) to (7) as (3) to (6), respectively, and struck out former par. (3) which defined "beginning teacher".Pars. (7), (8). Pub. L. 114-95, §8002(2), redesignated pars. (8) and (9) as (7) and (8), respectively. Former par. (7) redesignated (6). Pub. L. 114-95, §8001(b)(2), made technical amendment to reference in original act which appears in text as reference to section 7845 of this title. Pars. (9), (10). Pub. L. 114-95, §8002(2), redesignated pars. (10) and (12) as (9) and (10), respectively. Former par. (9) redesignated (8). Pub. L. 114-95, §8001(b)(3), made technical amendment to reference in original act which appears in text as reference to section 7842 of this title. Par. (11). Pub. L. 114-95, §8002(3), added par. (11) and struck out former par. (11) which defined "covered program". Pub. L. 114-95, §8002(1), (2), redesignated par. (13) as (11) and struck out former par. (11) which defined "core academic subjects".Par. (12). Pub. L. 114-95, §8002(3), added par. (12) and struck out former par. (12) which defined "current expenditures". Pub. L. 114-95, §8002(2), redesignated par. (14) as (12). Former par. (12) redesignated (10). Pars. (13), (14). Pub. L. 114-95, §8002(2), redesignated pars. (15) and (16) as (13) and (14), respectively. Former pars. (13) and (14) redesignated (11) and (12), respectively.Pars. (15) to (17). Pub. L. 114-95, §8002(4), added pars. (15) to (17). Former pars. (15), (16), and (17) redesignated (13), (14), and (18), respectively. Par. (18). Pub. L. 114-95, §8002(2), redesignated par. (17) as (18). Former par. (18) redesignated (19).Par. (19). Pub. L. 114-95, §8002(1), (2), redesignated par. (18) as (19) and struck out former par. (19) which defined "exemplary teacher".Par. (20). Pub. L. 114-95, §8002(5)(A), (B), substituted "English learner" for "Limited English proficient" in heading and "English learner" for "limited English proficient" in introductory provisions. Pub. L. 114-95, §8002(2), redesignated par. (25) as (20). Former par. (20) redesignated (24). Par. (20)(D)(i). Pub. L. 114-95, §8002(5)(C), substituted "challenging State academic standards" for "State's proficient level of achievement on State assessments described in section 6311(b)(3) of this title". Pars. (21), (22). Pub. L. 114-95, §8002(6), added pars. (21) and (22). Former pars. (21) and (22) redesignated (26) and (27), respectively. Par. (23). Pub. L. 114-95, §8002(1), (6), added par. (23) and struck out former par. (23) which defined "highly qualified".Par. (24). Pub. L. 114-95, §8002(2), redesignated par. (20) as (24). Former par. (24) redesignated (29).Par. (25). Pub. L. 114-95, §8002(7), added par. (25). Former par. (25) redesignated (20).Pars. (26), (27). Pub. L. 114-95, §8002(2), redesignated pars. (21) and (22) as (26) and (27), respectively. Former pars. (26) and (27) redesignated (30) and (31), respectively.Par. (28). Pub. L. 114-95, §8002(8), added par. (28). Former par. (28) redesignated (34).Par. (29). Pub. L. 114-95, §8002(2), redesignated par. (24) as (29). Former par. (29) redesignated (35).Par. (30). Pub. L. 114-95, §8002(2), (9), redesignated par. (26) as (30) and, in subpar. (C), substituted "Bureau of Indian Education schools" for "BIA schools" in heading and "Indian Education" for "Indian Affairs" in two places in text. Former par. (30) redesignated (36). Par. (31). Pub. L. 114-95, §8002(2), redesignated par. (27) as (31). Former par. (31) redesignated (38).Pars. (32), (33). Pub. L. 114-95, §8002 (10), added pars. (32) and (33). Former pars. (32) and (33) redesignated (39) and (41), respectively. Par. (34). Pub. L. 114-95, §8002(2), redesignated par. (28) as (34). Former par. (34) redesignated (42).Par. (35). Pub. L. 114-95, §8002(1), (2), (11), redesignated par. (29) as (35), substituted "specialized instructional support" for "pupil services", and struck out former par. (35) which defined "public telecommunications entity". Par. (36). Pub. L. 114-95, §8002 (12), added par. (36) and struck out former par. (36) which defined "outlying area". Pub. L. 114-95, §8002(1), (2), redesignated par. (30) as (36) and struck out former par. (36) which defined "pupil services personnel" and "pupil services".Par. (37). Pub. L. 114-95, §8002(1), (13), added par. (37) and struck out former par. (37) which defined "scientifically based research".Par. (38). Pub. L. 114-95, §8002(2), redesignated par. (31) as (38). Former par. (38) redesignated (45). Par. (39). Pub. L. 114-95, §8002(2), (14), redesignated par. (32) as (39), inserted "and" after semicolon at end of subpar. (C), and made technical amendment to reference in original act which appears in subpar. (D) as reference to section 6318 of this title. Former par. (39) redesignated (46).Par. (40). Pub. L. 114-95, §8002 (15), added par. (40).Par. (41). Pub. L. 114-95, §8002(2), redesignated par. (33) as (41). Former par. (41) redesignated (49).Par. (42). Pub. L. 114-95, §8002 (16), added par. (42) and struck out former par. (42) which defined "professional development". Pub. L. 114-95, §8002(1), (2), redesignated par. (34) as (42) and struck out former par. (42) which defined "teacher mentoring".Pars. (43), (44). Pub. L. 114-95, §8002 (17), added pars. (43) and (44). Former par. (43) redesignated (50).Pars. (45), (46). Pub. L. 114-95, §8002(2), redesignated pars. (38) and (39) as (45) and (46), respectively. Par. (47). Pub. L. 114-95, §8002 (18), added par. (47). Par. (48). Pub. L. 114-95, §8002 (19), added par. (48). Par. (49). Pub. L. 114-95, §8002(2), redesignated par. (41) as (49).Par. (50). Pub. L. 114-95, §8002 (20), added par. (50) and struck out former par. (50) which defined "technology". Pub. L. 114-95, §8002(2), redesignated par. (43) as (50). Pars. (51), (52). Pub. L. 114-95, §8002 (21), added pars. (51) and (52).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114-95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114-95, set out as a note under section 6301 of this title.
HIGHLY QUALIFIED TEACHER Pub. L. 111-242, §163, as added by Pub. L. 111-322, §1, 124 Stat. 3521; amended by Pub. L. 112-175, §145, Sept. 28, 2012, 126 Stat. 1322; Pub. L. 113-46, §144, 127 Stat. 565; Pub. L. 114-53, div. B, §140, Sept. 30, 2015, 129 Stat. 510, renumbered div. B, Pub. L. 114-113, §8(3), Dec. 18, 2015, 129 Stat. 2245, provided that: "(a) A 'highly qualified teacher' includes a teacher who meets the requirements in 34 CFR 200.56(a)(2)(ii), as published in the Federal Register on December 2, 2002."(b) This provision is effective on the date of enactment of this provision [Dec. 22, 2010] through the end of the 2016-2017 academic year."(c) Not later than December 31, 2013, the Secretary of Education shall submit a report to the Committees on Appropriations and Health, Education, Labor, and Pensions of the Senate and the Committees on Appropriations and Education and the Workforce of the House of Representatives, using data required under existing law ( section 1111(h)(6)(A) of Public Law 107-110 [probably meant section 1111(h)(6)(A) of Pub. L. 89-10, as added by Pub. L. 107-110; former 20 U.S.C. 6311(h)(6)(A)] ) by State and each local educational agency, regarding the extent to which students in the following categories are taught by teachers who are deemed highly qualified pursuant to 34 CFR 200.56(a)(2)(ii) as published in the Federal Register on December 2, 2002:"(1) Students with disabilities. "(2) English Learners."(3) Students in rural areas."(4) Students from low-income families."