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20 U.S. Code § 7491 - Definitions

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For the purposes of this part:
(1) AdultThe term “adult” means an individual who—
has attained the age of 16 years; or
has attained an age that is greater than the age of compulsory school attendance under an applicable State law.
(2) Free public educationThe term “free public education” means education that is—
provided at public expense, under public supervision and direction, and without tuition charge; and
provided as elementary or secondary education in the applicable State or to preschool children.
(3) IndianThe 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—
any tribe or band terminated since 1940; and
any tribe or band recognized by the State in which the tribe or band resides;
a descendant, in the first or second degree, of an individual described in subparagraph (A);
considered by the Secretary of the Interior to be an Indian for any purpose;
an Eskimo, Aleut, or other Alaska Native; or
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.

(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.


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

Statutory Notes and Related Subsidiaries
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.