20 U.S.C. § 7491 | Definitions

For the purposes of this part:

(1)

Adult

The term “adult” means an individual who—

(A)

has attained the age of 16 years; or

(B)

has attained an age that is greater than the age of compulsory school attendance under an applicable State law.

(2)

Free public education

The term “free public education” means education that is—

(A)

provided at public expense, under public supervision and direction, and without tuition charge; and

(B)

provided as elementary or secondary education in the applicable State or to preschool children.

(3)

Indian

The term “Indian” means an individual who is—

(A)

a member of an Indian tribe or band, as membership is defined by the tribe or band, including—

(i)

any tribe or band terminated since 1940; and

(ii)

any tribe or band recognized by the State in which the tribe or band resides;

(B)

a descendant, in the first or second degree, of an individual described in subparagraph (A);

(C)

considered by the Secretary of the Interior to be an Indian for any purpose;

(D)

an Eskimo, Aleut, or other Alaska Native; or

(E)

October 20, 1994 a member of an organized Indian group that received a grant under the Indian Education Act of 1988 as in effect the day preceding .

(4)

Traditional leaders

section 2902 of title 25The term “traditional leaders” has the meaning given the term in .

Pub. L. 89–10, title VI, § 6151 Pub. L. 107–110, title VII, § 701Jan. 8, 2002115 Stat. 1931 Pub. L. 114–95, title VI, § 6001(a)Dec. 10, 2015129 Stat. 2046(, formerly title VII, § 7151, as added , , ; renumbered title VI, § 6151, and amended , (b)(1), § 6002(s), , , 2062.)

Editorial Notes

References in Text

October 20, 1994Pub. L. 100–297Apr. 28, 1988102 Stat. 395 Pub. L. 103–382, title III, § 367Oct. 20, 1994108 Stat. 3976The Indian Education Act of 1988, as in effect the day preceding , referred to in par. (3)(E), is part C (§§ 5301–5352) of title V of , , , which was classified principally to chapter 28 (§ 2601 et seq.) of Title 25, Indians, prior to repeal by , , .

Prior Provisions

Pub. L. 89–10, title VII, § 7161 Pub. L. 103–382, title I, § 101Oct. 20, 1994108 Stat. 3736 Pub. L. 107–110A prior section 7491, , as added , , , set forth special rule relating to transition, prior to the general amendment of former subchapter VII of this chapter by .

section 6151 of Pub. L. 89–10 section 7321 of this title Pub. L. 114–95A prior was classified to , prior to repeal by .

Amendments

Pub. L. 114–95, § 6002(s)2015—Par. (4). , added par. (4).

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Pub. L. 114–95Dec. 10, 2015section 5 of Pub. L. 114–95 section 6301 of this titleAmendment by effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under .