applicability; definitions

applicability; definitions Sec. 101. (a) The provisions of this title shall be applicable for fiscal year 1976. (b) As used in this title— (1) The term “Commissioner” means the Commissioner of Education. (2) The term “elementary school” means a day or residential school which provides elementary education, as determined under State law. (3) The term “free public education” means education which is provided at public expense under public supervision and direction, and without tuition charge, and which is provided as elementary or secondary school education in the applicable State, (4) The term “Indochinese refugee children” means children who are refugees within the meaning of that term as defined in section 3 of the Indochina Migration and Refugee Assistance Act of 1975. (5) The term “average per pupil expenditure” for a State means the aggregate current expenditures during the second fiscal year preceding the fiscal year for which the determination is made (or if satisfactory data for that year are not available at the time of computation, then during the most recent preceding fiscal year for which satisfactory data are available) of all local educational agencies in the State, plus any direct current expenditures by the State for the operation of such agencies (without regal’d to the source of funds from which either of such expenditures is made), divided by the aggregate number of children in average daily attendance to whom such agencies provided free public education during such preceding year. (6) The term “current expenditures” means all expenditures for free public education, except for (A) expenditures attributable to fixed charges, including payments of principal and interest on short-term and long-term debt, and payments for retirement benefits, for insurance and judgments, for rental of land and buildings, and for construction costs, (B) expenditures attributable to administration, and (C) expenditures attributable to transportation or building maintenance. (7) 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, 90 STAT. 1226county, 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. Such term also includes any other public institution or agency having administrative control and direction of a public elementary or secondary school. (8) The term “secondary school” means a day or residential school which provides secondary education, as determined under State law. (9) The term “State” includes, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. (10) 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 no such officer or agency, an officer or agency designated by the Governor or by State law. (11) The term “elementary or secondary nonpublic schools” means schools which comply with the compulsory education laws of the State and which are exempt from taxation under section 501(c) (3) of the Internal Revenue Code.