2016 US Code
Title 20 - Education
Chapter 70 - Strengthening and Improvement of Elementary and Secondary Schools
Subchapter VI - Indian, Native Hawaiian, and Alaska Native Education
Part A - Indian Education
Subpart 5 - Definitions; Authorizations of Appropriations
Sec. 7491 - Definitions

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Citation 20 U.S.C. § 7491 (2016)
Section Name §7491. Definitions
Section Text

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

(4) Traditional leaders

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

Source Credit

(Pub. L. 89–10, title VI, §6151, formerly title VII, §7151, as added Pub. L. 107–110, title VII, §701, Jan. 8, 2002, 115 Stat. 1931; renumbered title VI, §6151, and amended Pub. L. 114–95, title VI, §6001(a), (b)(1), §6002(s), Dec. 10, 2015, 129 Stat. 2046, 2062.)

Editorial Notes REFERENCES IN TEXT

The Indian Education Act of 1988, as in effect the day preceding October 20, 1994, referred to in par. (3)(E), is part C (§§5301–5352) of title V of Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 395, which was classified principally to chapter 28 (§2601 et seq.) of Title 25, Indians, prior to repeal by Pub. L. 103–382, title III, §367, Oct. 20, 1994, 108 Stat. 3976.

PRIOR PROVISIONS

A prior section 7491, Pub. L. 89–10, title VII, §7161, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3736, set forth special rule relating to transition, prior to the general amendment of former subchapter VII of this chapter by Pub. L. 107–110.

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

AMENDMENTS

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

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.

Publication Title United States Code, 2012 Edition, Supplement 4, Title 20 - EDUCATION
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 20 - EDUCATION
CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS
SUBCHAPTER VI - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
Part A - Indian Education
subpart 5 - definitions; authorizations of appropriations
Sec. 7491 - Definitions
Contains section 7491
Date 2016
Laws In Effect As Of Date January 6, 2017
Positive Law No
Disposition standard
Statutes at Large References 102 Stat. 395
108 Stat. 3736, 3976
115 Stat. 1931
129 Stat. 2046
Public Law References Public Law 89-10, Public Law 100-297, Public Law 103-382, Public Law 107-110, Public Law 114-95
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