§ 7011.
Definitions
Except as otherwise provided, in this subchapter:
(2)
Community-based organization
(3)
Eligible entity
The term “eligible entity” means—
(A)
one or more local educational agencies; or
(B)
one or more local educational agencies, in consortia or collaboration with an institution of higher education, educational service agency, community-based organization, or State educational agency.
(4)
English learner with a disability
(5)
Immigrant children and youth
The term “immigrant children and youth” means individuals who—
(A)
are aged 3 through 21;
(B)
were not born in any State; and
(C)
have not been attending one or more schools in any one or more States for more than 3 full academic years.
(7)
Language instruction educational program
The term “language instruction educational program” means an instruction course—
(A)
in which an English learner is placed for the purpose of developing and attaining English proficiency, while meeting challenging State academic standards; and
(B)
that may make instructional use of both English and a child’s native language to enable the child to develop and attain English proficiency, and may include the participation of English proficient children if such course is designed to enable all participating children to become proficient in English and a second language.
(8)
Native American and Native American language
(9)
Native Hawaiian or Native American Pacific Islander native language educational organization
The term “Native Hawaiian or Native American Pacific Islander native language educational organization” means a nonprofit organization with—
(A)
a majority of its governing board and employees consisting of fluent speakers of the traditional Native American languages used in the organization’s educational programs; and
(B)
not less than 5 years successful experience in providing educational services in traditional Native American languages.
(10)
Native language
The term “native language”, when used with reference to an individual of limited English proficiency, means—
(A)
the language normally used by such individual; or
(B)
in the case of a child or youth, the language normally used by the parents of the child or youth.
(12)
Specially qualified agency
The term “specially qualified agency” means an eligible entity in a State whose State educational agency—
(A)
does not participate in a program under subpart 1 of part A for a fiscal year; or
(B)
submits a plan (or any amendment to a plan) that the Secretary, after reasonable notice and opportunity for a hearing, determines does not satisfy the requirements of such subpart.
(14)
Tribally sanctioned educational authority
The term “tribally sanctioned educational authority” means—
(A)
any department or division of education operating within the administrative structure of the duly constituted governing body of an Indian tribe; and
(B)
any nonprofit institution or organization that is—
(i)
chartered by the governing body of an Indian tribe to operate a school described in
section 6822(a) of this title or otherwise to oversee the delivery of educational services to members of the tribe; and
(ii)
approved by the Secretary for the purpose of carrying out programs under subpart 1 of part A for individuals served by a school described in
section 6822(a) of this title.
([Pub. L. 89–10, title III, § 3201], formerly § 3301, as added [Pub. L. 107–110, title III, § 301], Jan. 8, 2002, [115 Stat. 1729]; amended [Pub. L. 110–315, title IX, § 941(k)(2)(F)(i)], Aug. 14, 2008, [122 Stat. 3466]; renumbered § 3201 and amended [Pub. L. 114–95, title III], §§ 3001(5)(A), 3004(a), Dec. 10, 2015, [129 Stat. 1953], 1965.)