Definitions
Except as otherwise provided, in this chapter:
Average daily attendance
In general
Except as provided otherwise by State law or this paragraph, the term “average daily attendance” means—
the aggregate number of days of attendance of all students during a school year; divided by
the number of days school is in session during that year.
Conversion
Special rule
If the local educational agency in which a child resides makes a tuition or other payment for the free public education of the child in a school located in another school district, the Secretary shall, for the purpose of this chapter—
consider the child to be in attendance at a school of the agency making the payment; and
not consider the child to be in attendance at a school of the agency receiving the payment.
Children with disabilities
Average per-pupil expenditure
The term “average per-pupil expenditure” means, in the case of a State or of the United States—
without regard to the source of funds—
the aggregate current expenditures, during the third fiscal year preceding the fiscal year for which the determination is made (or, if satisfactory data for that year are not available, during the most recent preceding fiscal year for which satisfactory data are available) of all local educational agencies in the State or, in the case of the United States, for all States (which, for the purpose of this paragraph, means the 50 States and the District of Columbia); plus
any direct current expenditures by the State for the operation of those agencies; divided by
the aggregate number of children in average daily attendance to whom those agencies provided free public education during that preceding year.
Beginning teacher
Child
Child with a disability
Community-based organization
The term “community-based organization” means a public or private nonprofit organization of demonstrated effectiveness that—
is representative of a community or significant segments of a community; and
provides educational or related services to individuals in the community.
Consolidated local application
Consolidated local plan
Consolidated State application
Consolidated State plan
Core academic subjects
County
Covered program
The term “covered program” means each of the programs authorized by—
part A of subchapter I of this chapter;
subpart 3 of part B of subchapter I of this chapter;
part C of subchapter I of this chapter;
part D of subchapter I of this chapter;
part F of subchapter I of this chapter;
part A of subchapter II of this chapter;
part D of subchapter II of this chapter;
part A of subchapter III of this chapter;
part A of subchapter IV of this chapter;
part B of subchapter IV of this chapter;
part A of subchapter V of this chapter; and
subpart 2 of part B of subchapter VI of this chapter.
Current expenditures
The term “current expenditures” means expenditures for free public education—
including expenditures for administration, instruction, attendance and health services, pupil transportation services, operation and maintenance of plant, fixed charges, and net expenditures to cover deficits for food services and student body activities; but
not including expenditures for community services, capital outlay, and debt service, or any expenditures made from funds received under subchapter I of this chapter and part A of subchapter V of this chapter.
Department
Distance learning
Educational service agency
Elementary school
Exemplary teacher
The term “exemplary teacher” means a teacher who—
is a highly qualified teacher such as a master teacher;
has been teaching for at least 5 years in a public or private school or institution of higher education;
is recommended to be an exemplary teacher by administrators and other teachers who are knowledgeable about the individual’s performance;
is currently teaching and based in a public school; and
assists other teachers in improving instructional strategies, improves the skills of other teachers, performs teacher mentoring, develops curricula, and offers other professional development.
Family literacy services
The term “family literacy services” means services provided to participants on a voluntary basis that are of sufficient intensity in terms of hours, and of sufficient duration, to make sustainable changes in a family, and that integrate all of the following activities:
Interactive literacy activities between parents and their children.
Training for parents regarding how to be the primary teacher for their children and full partners in the education of their children.
Parent literacy training that leads to economic self-sufficiency.
An age-appropriate education to prepare children for success in school and life experiences.
Free public education
The term “free public education” means education that is provided—
at public expense, under public supervision and direction, and without tuition charge; and
as elementary school or secondary school education as determined under applicable State law, except that the term does not include any education provided beyond grade 12.
Gifted and talented
Highly qualified
The term “highly qualified”—
when used with respect to any public elementary school or secondary school teacher teaching in a State, means that—
the teacher has obtained full State certification as a teacher (including certification obtained through alternative routes to certification) or passed the State teacher licensing examination, and holds a license to teach in such State, except that when used with respect to any teacher teaching in a public charter school, the term means that the teacher meets the requirements set forth in the State’s public charter school law; and
the teacher has not had certification or licensure requirements waived on an emergency, temporary, or provisional basis;
when used with respect to—
an elementary school teacher who is new to the profession, means that the teacher—
holds at least a bachelor’s degree; and
has demonstrated, by passing a rigorous State test, subject knowledge and teaching skills in reading, writing, mathematics, and other areas of the basic elementary school curriculum (which may consist of passing a State-required certification or licensing test or tests in reading, writing, mathematics, and other areas of the basic elementary school curriculum); or
a middle or secondary school teacher who is new to the profession, means that the teacher holds at least a bachelor’s degree and has demonstrated a high level of competency in each of the academic subjects in which the teacher teaches by—
passing a rigorous State academic subject test in each of the academic subjects in which the teacher teaches (which may consist of a passing level of performance on a State-required certification or licensing test or tests in each of the academic subjects in which the teacher teaches); or
successful completion, in each of the academic subjects in which the teacher teaches, of an academic major, a graduate degree, coursework equivalent to an undergraduate academic major, or advanced certification or credentialing; and
when used with respect to an elementary, middle, or secondary school teacher who is not new to the profession, means that the teacher holds at least a bachelor’s degree and—
has met the applicable standard in clause (i) or (ii) of subparagraph (B), which includes an option for a test; or
demonstrates competence in all the academic subjects in which the teacher teaches based on a high objective uniform State standard of evaluation that—
is set by the State for both grade appropriate academic subject matter knowledge and teaching skills;
is aligned with challenging State academic content and student academic achievement standards and developed in consultation with core content specialists, teachers, principals, and school administrators;
provides objective, coherent information about the teacher’s attainment of core content knowledge in the academic subjects in which a teacher teaches;
is applied uniformly to all teachers in the same academic subject and the same grade level throughout the State;
takes into consideration, but not be based primarily on, the time the teacher has been teaching in the academic subject;
is made available to the public upon request; and
may involve multiple, objective measures of teacher competency.
Institution of higher education
Limited English proficient
The term “limited English proficient”, when used with respect to an individual, means an individual—
who is aged 3 through 21;
who is enrolled or preparing to enroll in an elementary school or secondary school;
who was not born in the United States or whose native language is a language other than English;
who is a Native American or Alaska Native, or a native resident of the outlying areas; and
who comes from an environment where a language other than English has had a significant impact on the individual’s level of English language proficiency; or
who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and
whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual—
the ability to meet the State’s proficient level of achievement on State assessments described in section 6311(b)(3) of this title;
the ability to successfully achieve in classrooms where the language of instruction is English; or
the opportunity to participate fully in society.
Local educational agency
In general
Administrative control and direction
BIA schools
Educational service agencies
State educational agency
Mentoring
Native American and Native American language
Other staff
Outlying area
Parent
Parental involvement
The term “parental involvement” means the participation of parents in regular, two-way, and meaningful communication involving student academic learning and other school activities, including ensuring—
that parents play an integral role in assisting their child’s learning;
that parents are encouraged to be actively involved in their child’s education at school;
that parents are full partners in their child’s education and are included, as appropriate, in decisionmaking and on advisory committees to assist in the education of their child;
the carrying out of other activities, such as those described in section 6318 of this title.
Poverty line
Professional development
The term “professional development”—
includes activities that—
improve and increase teachers’ knowledge of the academic subjects the teachers teach, and enable teachers to become highly qualified;
are an integral part of broad schoolwide and districtwide educational improvement plans;
give teachers, principals, and administrators the knowledge and skills to provide students with the opportunity to meet challenging State academic content standards and student academic achievement standards;
improve classroom management skills;
are high quality, sustained, intensive, and classroom-focused in order to have a positive and lasting impact on classroom instruction and the teacher’s performance in the classroom; and
are not 1-day or short-term workshops or conferences;
support the recruiting, hiring, and training of highly qualified teachers, including teachers who became highly qualified through State and local alternative routes to certification;
advance teacher understanding of effective instructional strategies that are—
based on scientifically based research (except that this subclause shall not apply to activities carried out under part D of subchapter II of this chapter); and
strategies for improving student academic achievement or substantially increasing the knowledge and teaching skills of teachers; and
are aligned with and directly related to—
State academic content standards, student academic achievement standards, and assessments; and
the curricula and programs tied to the standards described in subclause (I) except that this subclause shall not apply to activities described in clauses (ii) and (iii) of section 6623(3)(B) 2
are developed with extensive participation of teachers, principals, parents, and administrators of schools to be served under this chapter;
are designed to give teachers of limited English proficient children, and other teachers and instructional staff, the knowledge and skills to provide instruction and appropriate language and academic support services to those children, including the appropriate use of curricula and assessments;
to the extent appropriate, provide training for teachers and principals in the use of technology so that technology and technology applications are effectively used in the classroom to improve teaching and learning in the curricula and core academic subjects in which the teachers teach;
as a whole, are regularly evaluated for their impact on increased teacher effectiveness and improved student academic achievement, with the findings of the evaluations used to improve the quality of professional development;
provide instruction in methods of teaching children with special needs;
include instruction in the use of data and assessments to inform and instruct classroom practice; and
include instruction in ways that teachers, principals, pupil services personnel, and school administrators may work more effectively with parents; and
may include activities that—
involve the forming of partnerships with institutions of higher education to establish school-based teacher training programs that provide prospective teachers and beginning teachers with an opportunity to work under the guidance of experienced teachers and college faculty;
create programs to enable paraprofessionals (assisting teachers employed by a local educational agency receiving assistance under part A of subchapter I of this chapter) to obtain the education necessary for those paraprofessionals to become certified and licensed teachers; and
provide follow-up training to teachers who have participated in activities described in subparagraph (A) or another clause of this subparagraph that are designed to ensure that the knowledge and skills learned by the teachers are implemented in the classroom.
Public telecommunications entity
Pupil services personnel; pupil services
Pupil services personnel
Pupil services
Scientifically based research
The term “scientifically based research”—
means research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs; and
includes research that—
employs systematic, empirical methods that draw on observation or experiment;
involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn;
relies on measurements or observational methods that provide reliable and valid data across evaluators and observers, across multiple measurements and observations, and across studies by the same or different investigators;
is evaluated using experimental or quasi-experimental designs in which individuals, entities, programs, or activities are assigned to different conditions and with appropriate controls to evaluate the effects of the condition of interest, with a preference for random-assignment experiments, or other designs to the extent that those designs contain within-condition or across-condition controls;
ensures that experimental studies are presented in sufficient detail and clarity to allow for replication or, at a minimum, offer the opportunity to build systematically on their findings; and
has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review.
Secondary school
Secretary
State educational agency
Teacher mentoring
The term “teacher mentoring” means activities that—
consist of structured guidance and regular and ongoing support for teachers, especially beginning teachers, that—
are designed to help the teachers continue to improve their practice of teaching and to develop their instructional skills; and
part 4
involve the assistance of an exemplary teacher and other appropriate individuals from a school, local educational agency, or institution of higher education; and
may include coaching, classroom observation, team teaching, and reduced teaching loads; and
may include the establishment of a partnership by a local educational agency with an institution of higher education, another local educational agency, a teacher organization, or another organization.
Technology
Source
(Pub. L. 89–10, title IX, § 9101, as added Pub. L. 107–110, title IX, § 901,Notes
References in Text
References to Part A of Subchapter III Considered To Be References to Part B of Subchapter III
Prior Provisions
Highly Qualified Teacher
A ‘highly qualified teacher’ includes a teacher who meets the requirements in 34 CFR 200.56(a)(2)(ii), as published in the Federal Register on
This provision is effective on the date of enactment of this provision [
Not later than
Students with disabilities.
English Learners.
Students in rural areas.
Students from low-income families.”