1995 US Code
Title 20 - EDUCATION
CHAPTER 30 - BASIC EDUCATION FOR ADULTS
SUBCHAPTER I - BASIC PROGRAM PROVISIONS
Sec. 1201a - Definitions

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§1201a. Definitions

As used in this chapter—

(1) The term “adult” means an individual who has attained 16 years of age or who is beyond the age of compulsory school attendance under State law, except that for the purpose of section 1201b(b) of this title, the term “adult” means an individual 16 years of age or older.

(2) The term “adult education” means services or instruction below the college level for adults—

(A) who are not enrolled in secondary school;

(B) who lack sufficient mastery of basic educational skills to enable them to function effectively in society or who do not have a certificate of graduation from a school providing secondary education and who have not achieved an equivalent level of education;

(C) who are not currently required to be enrolled in school; and

(D) whose lack of mastery of basic skills results in an inability to speak, read, or write the English language which constitutes a substantial impairment of their ability to get or retain employment commensurate with their real ability, and thus are in need of programs to help eliminate such inability and raise the level of education of such individuals with a view to making them less likely to become dependent on others.

(3) The term “educationally disadvantaged adult” means an adult who—

(A) demonstrates basic skills equivalent to or below that of students at the fifth grade level; or

(B) has been placed in the lowest or beginning level of an adult education program when that program does not use grade level equivalencies as a measure of students’ basic skills.

(4) The term “community school program” is a program in which a public building, including but not limited to a public elementary or secondary school or a community or junior college, is used as a community center operated in conjunction with other groups in the community, community organizations, and local governmental agencies, to provide educational, recreational, cultural, and other related community services for the community which the center serves in accordance with the needs, interest, and concerns of that community.

(5) 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 or secondary schools in a city, county, township, school district, or other political subdivision of a State, or such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools, except that, if there is a separate board or other legally constituted local authority having administrative control and direction of adult education in public schools therein, such term means such other board or authority.

(6) The term “Secretary” means the Secretary of Education.

(7) The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, Palau (until the Compact of Free Association with Palau takes effect pursuant to section 1931(a) of title 48), the Northern Mariana Islands, and the Virgin Islands.

(8) The term “State educational agency” means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary and secondary schools, or, if there is a separate State agency or officer primarily responsible for supervision of adult education in public schools, then such agency or officer may be designated for the purpose of this chapter by the Governor or by State law. If no agency or officer qualifies under the preceding sentence, such term shall mean an appropriate agency or officer designated for the purposes of this chapter by the Governor.

(9) The term “academic education” means the theoretical, the liberal, the speculative, and classical subject matter found to compose the curriculum of the public secondary school.

(10) The term “institution of higher education” means any such institution as defined by section 1088 of this title.

(11) The term “individual of limited English proficiency” means an adult or out-of-school youth who has limited ability in speaking, reading, writing, or understanding the English language and—

(A) whose native language is a language other than English; or

(B) who lives in a family or community environment where a language other than English is the dominant language.

(12) The term “out-of-school youth” means an individual who is under 16 years of age and beyond the age of compulsory school attendance under State law who has not completed high school or the equivalent.

(13) The term “English literacy program” means a program of instruction designed to help limited English proficient adults, out-of-school youths, or both, achieve full competence in the English language.

(14) The term “community-based organization” means a private nonprofit organization which is representative of a community or significant segments of a community and which provides education, vocational education or rehabilitation, job training, or internship services and programs and includes neighborhood groups and organizations, community action agencies, community development corporations, union-related organizations, employer-related organizations, tribal governments, and organizations serving Native Alaskans and Indians.

(15) The term “private industry council” means the private industry council established under section 1512 of title 29.

(Pub. L. 89–750, title III, §312, as added Pub. L. 100–297, title II, §2102, Apr. 28, 1988, 102 Stat. 302; amended Pub. L. 101–26, §3(a), May 11, 1989, 103 Stat. 55; Pub. L. 101–589, title VII, §723, Nov. 16, 1990, 104 Stat. 2913; Pub. L. 102–73, title VIII, §802(b)(1), July 25, 1991, 105 Stat. 361.)

References in Text

For Oct. 1, 1994, as the date the Compact of Free Association with Palau takes effect, referred to in par. (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.

Prior Provisions

A prior section 312 of Pub. L. 89–750 was classified to section 1209 of this title, prior to the general revision of this chapter by Pub. L. 100–297.

Amendments

1991—Par. (7). Pub. L. 102–73 substituted “Palau (until the Compact of Free Association with Palau takes effect pursuant to section 1931(a) of title 48)” for “the Trust Territory of the Pacific Islands”.

1990—Par. (5). Pub. L. 101–589 inserted “, or to perform a service function for,” after first reference to “direction of”.

1989—Par. (7). Pub. L. 101–26 struck out “and except for the purposes of section 1201b of this title,” after “Puerto Rico,”.

Effective Date of 1989 Amendment

Section 3(b) of Pub. L. 101–26 provided that: “The provisions of this section [amending this section] shall take effect on the date of enactment of this Act [May 11, 1989].”

Section Referred to in Other Sections

This section is referred to in sections 351a, 1211, 6813, 7881 of this title.