DEFINITIONS.

SEC. 5351. DEFINITIONS. For purposes of this part— (1) The term “adult” means any individual who— (A) is 16 years old or older, or (B) who is beyond the age of compulsory school attendance under State law. (2) The term “adult education” means instruction or services below college level for adults who are not enrolled in a secondary school and who do not have— (A) the basic skills to enable them to function effectively in society, or (B) a certificate of graduation from a school providing secondary education (and who have not achieved an equivalent level of education). (3) The term “free public education” means education that is provided at public expense, under public supervision and direction, and without tuition charge, and that is provided as elementary or secondary education in the applicable State. (4) The term “Indian” means any individual who is— (A) a member of an Indian tribe, band, or other organized group of Indians (as defined by the Indian tribe, band, or other organized group), including those Indian tribes, bands, or groups terminated since 1940 and those recognized by the State in which they reside, 102 STAT. 414 (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) is determined to be an Indian under regulations promulgated by the Secretary after consultation with the National Advisory Council on Indian Education. (5)(A) The term “local educational agency” has the meaning given to such term by section 198(a)(10) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2854(a)(10)). (B) The term “local educational agency”, for purposes of subpart 1 (except for sections 5314(b)(2)(B)(2) and 5315(c)(2)) includes— (i) any Indian tribe, or an organization controlled or sanctioned by an Indian tribal government, that operates a school for the children of that tribe if the school either— (I) provides its students an educational program that meets the standards established by the Secretary of the Interior under section 1121 of the Education Amendments of 1978, or (II) is operated by that tribe or organization under a contract with the Department of the Interior in accordance with the Indian Self-Determination and Education Assistance Act, and (ii) for the fiscal year described in section 5312(b)(3)(A) and each succeeding fiscal year, any school operated by the Bureau of Indian Affairs of the Department of the Interior, either individually or in cooperation with any other local education agency. (6) The term “parent” includes an individual acting in loco parentis, other than by virtue of being a school administrator or official. (7) The term “Secretary” means the Secretary of Education. (8) The terms “Bureau school”, “contract school”, and “Bureau funded school” have the respective meaning given to such terms by section 1139 of the Education Amendments of 1978 (25 U.S.C. 2019).