§ 5802. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC5802]
TITLE 20--EDUCATION
CHAPTER 68--NATIONAL EDUCATION REFORM
Sec. 5802. Definitions
(a) Subchapters I, II, III, and X
As used in subchapters I, II, III, and X of this chapter--
(1) the terms ``all students'' and ``all children'' mean
students or children from a broad range of backgrounds and
circumstances, including disadvantaged students and children,
students or children with diverse racial, ethnic, and cultural
backgrounds, American Indians, Alaska Natives, Native Hawaiians,
students or children with disabilities, students or children with
limited-English proficiency, school-aged students or children who
have dropped out of school, migratory students or children, and
academically talented students and children;
(2) the term ``Bureau'', unless otherwise provided, means the
Bureau of Indian Affairs;
(3) the terms ``community'', ``public'', and ``advocacy group''
include representatives of organizations advocating for the
education of American Indian, Alaska Native, and Native Hawaiian
children and Indian tribes;
(4) the term ``content standards'' means broad descriptions of
the knowledge and skills students should acquire in a particular
subject area;
(5) the term ``Governor'' means the chief executive of the
State;
(6) the terms ``local educational agency'' and ``State
educational agency'' have the meaning given such terms in section
8801 of this title; \1\
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\1\ See References in Text note below.
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(7) the term ``outlying areas'' means Guam, American Samoa, the
Virgin Islands, the Commonwealth of the Northern Mariana Islands,
Palau (until the effective date of the Compact of Free Association
with the Government of Palau), the Republic of the Marshall Islands,
and the Federated States of Micronesia;
(8) the term ``performance standards'' means concrete examples
and explicit definitions of what students have to know and be able
to do to demonstrate that such students are proficient in the skills
and knowledge framed by content standards;
(9) the term ``related services'' has the same meaning given
such term under section 1401(a)(17) \1\ of this title;
(10) the term ``State assessment'' means measures of student
performance which include at least 1 instrument of evaluation, and
may include other measures of student performance, for a specific
purpose and use which are intended to evaluate the progress of all
students in the State toward learning the material in State content
standards in 1 or more subject areas;
(11) the term ``school'' means a public school that is under the
authority of the State educational agency or a local educational
agency or, for the purpose of carrying out section 5895(b) \1\ of
this title, a school that is operated or funded by the Bureau;
(12) the term ``Secretary'', unless otherwise provided, means
the Secretary of Education; and
(13) the term ``State'', unless otherwise provided, means each
of the 50 States, the District of Columbia, the Commonwealth of
Puerto Rico, and each of the outlying areas.
(b) Subchapters IV, V, VI, VII, VIII, and IX
For the purpose of subchapters IV, V, VI, VII, VIII, and IX of this
chapter--
(1) except as provided in paragraph (3) and unless otherwise
provided, the terms used in such subchapters have the same meanings
given such terms in section 8801 of this title; \1\
(2) the term ``Bureau'', unless otherwise provided, means the
Bureau of Indian Affairs; and
(3) the term ``Secretary'', unless otherwise provided, means the
Secretary of Education.
(Pub. L. 103-227, Sec. 3, Mar. 31, 1994, 108 Stat. 129; Pub. L. 103-382,
title III, Sec. 394(f)(1), Oct. 20, 1994, 108 Stat. 4027; Pub. L. 104-
134, title I, Sec. 101(d) [title VII, Sec. 703(a)(3)], Apr. 26, 1996,
110 Stat. 1321-211, 1321-252; renumbered title I, Pub. L. 104-140,
Sec. 1(a), May 2, 1996, 110 Stat. 1327.)
References in Text
Subchapters I to X, referred to in text, were in the original
references to titles I to X of Pub. L. 103-227, Mar. 31, 1994, 108 Stat.
131-265. Titles I, V, VI, and VIII are classified generally to
subchapters I (Sec. 5811 et seq.), V (Sec. 5931 et seq.), VI
(Sec. 5951), and VIII (Sec. 5981 et seq.), respectively, of this
chapter. Title II enacted subchapter II (Sec. 5821 et seq.) of this
chapter and section 3425 of this title, amended section 5093 of this
title and section 5315 of Title 5, Government Organization and
Employees, and enacted provisions set out as a note under section 5093
of this title. Title VII enacted subchapter VII (Sec. 5961 et seq.) of
this chapter and amended section 1221e-1 of this title. Titles III and
IV were classified generally to subchapters III (Sec. 5881 et seq.) and
IV (Sec. 5911 et seq.), respectively, of this chapter and were repealed
by Pub. L. 106-113, div. B, Sec. 1000(a)(4) [title III, Sec. 310(i)],
Nov. 29, 1999, 113 Stat. 1535, 1501A-265. Section 5895(b) of this title
was repealed by Pub. L. 106-113. Title IX enacted subchapter IX
(Sec. 6001 et seq.) of this chapter, amended sections 2422, 3155, 3412,
3419, 3462, and 4085b of this title, repealed section 1221e of this
title, and enacted provisions set out as notes under sections 1221e and
3155 of this title. Title X enacted subchapter X (Sec. 6061 et seq.) of
this chapter and section 3351 of this title, amended sections 1107,
1232h, 2421, 3381 to 3384, and 3386 of this title, sections 1632, 1633,
and 1635 of Title 29, Labor, and section 11903a of Title 42, The Public
Health and Welfare, and enacted provisions set out as notes under
section 6301 of this title and section 11901 of Title 42. For complete
classification of titles I to X to the Code, see Tables.
Section 8801 of this title, referred to in subsecs. (a)(6) and
(b)(1), was repealed by Pub. L. 107-110, title X, Sec. 1011(5)(C), Jan.
8, 2002, 115 Stat. 1986.
For Oct. 1, 1994, as the date the Compact of Free Association with
the Government of Palau takes effect, referred to in subsec. (a)(7), see
Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, set out as a note under
section 1931 of Title 48, Territories and Insular Possessions.
Section 1401(a)(17) of this title, referred to in subsec. (a)(9),
was in the original a reference to section 602(a)(17) of the Individuals
with Disabilities Education Act, Pub. L. 91-230, title VI. Section 602
of Pub. L. 91-230 was omitted in the general amendment of subchapter I
of chapter 33 of this title by Pub. L. 105-17, title I, Sec. 101, June
4, 1997, 111 Stat. 37. Pub. L. 105-17 enacted a new section 602 of Pub.
L. 91-230, which is classified to section 1401 of this title, and which
contains provisions defining ``related services''.
Amendments
1996--Subsec. (a)(7) to (14). Pub. L. 104-134 redesignated pars. (8)
to (14) as (7) to (13), respectively, and struck out former par. (7)
which read as follows: ``the term `opportunity-to-learn standards' means
the criteria for, and the basis of, assessing the sufficiency or quality
of the resources, practices, and conditions necessary at each level of
the education system (schools, local educational agencies, and States)
to provide all students with an opportunity to learn the material in
voluntary national content standards or State content standards;''.
1994--Subsec. (a)(6). Pub. L. 103-382, Sec. 394(f)(1)(A)(i),
substituted ``section 8801'' for ``section 2891''.
Subsec. (a)(10). Pub. L. 103-382, Sec. 394(f)(1)(A)(ii), substituted
``section 1401(a)(17)'' for ``section 1401''.
Subsec. (b)(1). Pub. L. 103-382, Sec. 394(f)(1)(B), substituted
``section 8801'' for ``section 2891''.
