Title 20 — Education
Chapter 68 — National Education Reform
§ 5802. Definitions
Statutory text
Subchapters I, II, III, and X
As used in subchapters I, II, III, and X of this chapter—
the terms “all students” and “all children” mean students or children from a broad range of backgrounds and circumstances, including disadvantaged students and children, students or children with diverse racial, ethnic, and cultural backgrounds, American Indians, Alaska Natives, Native Hawaiians, students or children with disabilities, students or children with limited-English proficiency, school-aged students or children who have dropped out of school, migratory students or children, and academically talented students and children;
the term “Bureau”, unless otherwise provided, means the Bureau of Indian Affairs;
the terms “community”, “public”, and “advocacy group” include representatives of organizations advocating for the education of American Indian, Alaska Native, and Native Hawaiian children and Indian tribes;
the term “content standards” means broad descriptions of the knowledge and skills students should acquire in a particular subject area;
the term “Governor” means the chief executive of the State;
the terms “local educational agency” and “State educational agency” have the meaning given such terms in section 8801 of this title; 1
the term “outlying areas” means Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, Palau (until the effective date of the Compact of Free Association with the Government of Palau), the Republic of the Marshall Islands, and the Federated States of Micronesia;
the term “performance standards” means concrete examples and explicit definitions of what students have to know and be able to do to demonstrate that such students are proficient in the skills and knowledge framed by content standards;
the term “related services” has the same meaning given such term under section 1401 of this title;
the term “State assessment” means measures of student performance which include at least 1 instrument of evaluation, and may include other measures of student performance, for a specific purpose and use which are intended to evaluate the progress of all students in the State toward learning the material in State content standards in 1 or more subject areas;
the term “school” means a public school that is under the authority of the State educational agency or a local educational agency or, for the purpose of carrying out section 5895(b) 1 of this title, a school that is operated or funded by the Bureau;
the term “Secretary”, unless otherwise provided, means the Secretary of Education; and
the term “State”, unless otherwise provided, means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.
Subchapters IV, V, VI, VII, VIII, and IX
For the purpose of subchapters IV, V, VI, VII, VIII, and IX—
except as provided in paragraph (3) and unless otherwise provided, the terms used in such subchapters have the same meanings given such terms in section 8801 of this title; 1
the term “Bureau”, unless otherwise provided, means the Bureau of Indian Affairs; and
the term “Secretary”, unless otherwise provided, means the Secretary of Education.
Footnotes
- 1 See References in Text note below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Goals 2000: Educate America Act
Pub. L. 103–227 § 3 · 108 Stat. 125
Enacted · 20 U.S.C. § 5802
Pub. L. 103–227, § 3, Mar. 31, 1994, 108 Stat. 129
Source evidence
Code source credit
Pub. L. 103–227, § 3, Mar. 31, 1994, 108 Stat. 129Enacted provision · exact public law section
SEC. 3. DEFINITIONS. (a) Titles I, II, III, and X.— As used in titles I, II, III, and X of this Act— (1) the terms “all students” and “all children” mean students or children from a broad range of backgrounds and circumstances, including disadvantaged students and children, students or children with diverse racial, ethnic, and cultural backgrounds, American Indians, Alaska Natives, Native Hawaiians, students or children with disabilities, students or children with limited-English proficiency, school-aged students or children who have dropped out of school, migratory students or children, and academically talented students and children; (2) the term “Bureau”, unless otherwise provided, means the Bureau of Indian Affairs; (3) the terms “community”, “public”, and “advocacy group” include representatives of organizations advocating for the education of American Indian, Alaska Native, and Native Hawaiian children and Indian tribes; (4) the term “content standards” means broad descriptions of the knowledge and skills students should acquire in a particular subject area; (5) the term “Governor” means the chief executive of the State; (6) the terms “local educational agency” and “State educational agency” have the meaning given such terms in section 1471 of the Elementary and Secondary Education Act of 1965; (7) the term “opportunity-to-learn standards” means the criteria for, and the basis of, assessing the sufficiency or quality of the resources, practices, and conditions necessary at each level of the education system (schools, local educational agencies, and States) to provide all students with an opportunity to learn the material in voluntary national content standards or State content standards; (8) the term “outlying areas” means Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, Palau (until the effective date of the Compact of Free Association with the Government of Palau), the Republic of the Marshall Islands, and the Federated States of Micronesia; (9) the term “performance standards” means concrete examples and explicit definitions of what students have to know and be able to do to demonstrate that such students are proficient in the skills and knowledge framed by content standards; (10) the term “related services” has the same meaning given such term under section 602 of the Individuals with Disabilities Education Act; (11) the term “State assessment” means measures of student performance which include at least 1 instrument of evaluation, and may include other measures of student performance, for a specific purpose and use which are intended to evaluate the progress of all students in the State toward learning the material in State content standards in 1 or more subject areas; (12) the term “school” means a public school that is under the authority of the State educational agency or a local educational agency or, for the purpose of carrying out section 315(b), a school that is operated or funded by the Bureau; (13) the term “Secretary”, unless otherwise provided, means the Secretary of Education; and (14) the term “State”, unless otherwise provided, means each of the 50 States, the District of Columbia, the Common-wealth of Puerto Rico, and each of the outlying areas. (b) Titles IV, V, VI, VII, VIII, and IX.— For the purpose of titles IV, V, VI, VII, VIII, and IX— (1) except as provided in paragraph (3) and unless otherwise provided, the terms used in such titles have the same meanings given such terms in section 1471 of the Elementary and Secondary Education Act of 1965; (2) the term “Bureau”, unless otherwise provided, means the Bureau of Indian Affairs; and (3) the term “Secretary”, unless otherwise provided, means the Secretary of Education.Improving America’s Schools Act of 1994
Pub. L. 103–382 § 394(f)(1)(A)(i) · 108 Stat. 3518
Substituted · 20 U.S.C. § 5802(a)(6)
Pub. L. 103–382, § 394(f)(1)(A)(i), substituted “section 8801” for “section 2891”
Source evidence
Code amendment note
Subsec. (a)(6). Pub. L. 103–382, § 394(f)(1)(A)(i), substituted “section 8801” for “section 2891”.Enacted provision · exact public law section
(i) in paragraph (6), by striking “section 1471” and inserting “section 14101”; andImproving America’s Schools Act of 1994
Pub. L. 103–382 § 394(f)(1)(A)(ii) · 108 Stat. 3518
Substituted · 20 U.S.C. § 5802(a)(10)
Pub. L. 103–382, § 394(f)(1)(A)(ii), substituted “section 1401(a)(17)” for “section 1401”
Source evidence
Code amendment note
Subsec. (a)(10). Pub. L. 103–382, § 394(f)(1)(A)(ii), substituted “section 1401(a)(17)” for “section 1401”.Enacted provision · exact public law section
(ii) in paragraph (10), by striking “section 602” and inserting “section 602(a)(17)”; andImproving America’s Schools Act of 1994
Pub. L. 103–382 § 394(f)(1)(B) · 108 Stat. 3518
Substituted · 20 U.S.C. § 5802(b)(1)
Pub. L. 103–382, § 394(f)(1)(B), substituted “section 8801” for “section 2891”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 103–382, § 394(f)(1)(B), substituted “section 8801” for “section 2891”.Enacted provision · exact public law section
(B) in paragraph (1) of subsection (b), by striking “section 1471” and inserting “section 14101”;Pub. L. 104–134 title I § 101(d)(tVII)(s703)(a)(3) · 110 Stat. 1321
Redesignated · 20 U.S.C. § 5802(a)(7)(14)
Pub. L. 104–134 redesignated pars. (8) to (14) as (7) to (13), respectively
Struck · 20 U.S.C. § 5802(a)(7)(14)
Pub. L. 104–134 struck out former par. (7) which read as follows: “the term ‘opportunity-to-learn standards’ means the criteria for, and the basis of, assessing the sufficiency or quality of the resources, practices, and conditions necessary at each level of the education system (schools, local educational agencies, and States) to provide all students with an opportunity to learn the material in voluntary national content standards or State content standards;”
Source evidence
Code amendment note
Subsec. (a)(7) to (14). Pub. L. 104–134 redesignated pars. (8) to (14) as (7) to (13), respectively, and struck out former par. (7) which read as follows: “the term ‘opportunity-to-learn standards’ means the criteria for, and the basis of, assessing the sufficiency or quality of the resources, practices, and conditions necessary at each level of the education system (schools, local educational agencies, and States) to provide all students with an opportunity to learn the material in voluntary national content standards or State content standards;”.Enacted provision · exact public law section
Section 101. For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:Individuals with Disabilities Education Improvement Act of 2004
Pub. L. 108–446 title III § 305(e) · 118 Stat. 2647
Substituted · 20 U.S.C. § 5802(a)(9)
Pub. L. 108–446 substituted “section 1401” for “section 1401(a)(17)”
Source evidence
Code amendment note
Subsec. (a)(9). Pub. L. 108–446 substituted “section 1401” for “section 1401(a)(17)”.Enacted provision · exact public law section
(e) Goals 2000: Educate America Act.— Section 3(a)(9) of the Goals 2000: Educate America Act (20 U.S.C. 5802(a)(9)) is amended by striking “602(a)(17)” and inserting “602”.
7 of 7 references resolved to an enrolled provision
Editorial Notes
References in Text
Subchapters I to X, referred to in text, were in the original references to titles I to X of Pub. L. 103–227, , 108 Stat. 131–265. Titles I, V, VI, and VIII are classified generally to subchapters I (§ 5811 et seq.), V (§ 5931 et seq.), VI (§ 5951), and VIII (§ 5981 et seq.), respectively, of this chapter. Title II enacted subchapter II (§ 5821 et seq.) of this chapter and section 3425 of this title, amended section 5093 of this title and section 5315 of Title 5, Government Organization and Employees, and enacted provisions set out as a note under section 5093 of this title. Title VII enacted subchapter VII (§ 5961 et seq.) of this chapter and amended section 1221e–1 of this title. Titles III and IV were classified generally to subchapters III (§ 5881 et seq.) and IV (§ 5911 et seq.), respectively, of this chapter and were repealed by Pub. L. 106–113, div. B, § 1000(a)(4) [title III, § 310(i)], , 113 Stat. 1535, 1501A–265. Section 5895(b) of this title was repealed by Pub. L. 106–113. Title IX enacted subchapter IX (§ 6001 et seq.) of this chapter, amended sections 2422, 3155, 3412, 3419, 3462, and 4085b of this title, repealed section 1221e of this title, and enacted provisions set out as notes under sections 1221e and 3155 of this title. Title X enacted subchapter X (§ 6061 et seq.) of this chapter and section 3351 of this title, amended sections 1107, 1232h, 2421, 3381 to 3384, and 3386 of this title, sections 1632, 1633, and 1635 of Title 29, Labor, and section 11903a of Title 42, The Public Health and Welfare, and enacted provisions set out as notes under section 6301 of this title and section 11901 of Title 42. For complete classification of titles I to X to the Code, see Tables.
Section 8801 of this title, referred to in subsecs. (a)(6) and (b)(1), was repealed by Pub. L. 107–110, title X, § 1011(5)(C), , 115 Stat. 1986.
For , as the date the Compact of Free Association with the Government of Palau takes effect, referred to in subsec. (a)(7), see Proc. No. 6726, , 59 F.R. 49777, set out as a note under section 1931 of Title 48, Territories and Insular Possessions.
Amendments1994–2004 · 3 rounds
2004
Subsec. (a)(9). Pub. L. 108–446 substituted “section 1401” for “section 1401(a)(17)”.
1996
Subsec. (a)(7) to (14). Pub. L. 104–134 redesignated pars. (8) to (14) as (7) to (13), respectively, and struck out former par. (7) which read as follows: “the term ‘opportunity-to-learn standards’ means the criteria for, and the basis of, assessing the sufficiency or quality of the resources, practices, and conditions necessary at each level of the education system (schools, local educational agencies, and States) to provide all students with an opportunity to learn the material in voluntary national content standards or State content standards;”.
1994
Subsec. (a)(6). Pub. L. 103–382, § 394(f)(1)(A)(i), substituted “section 8801” for “section 2891”.
Subsec. (a)(10). Pub. L. 103–382, § 394(f)(1)(A)(ii), substituted “section 1401(a)(17)” for “section 1401”.
Subsec. (b)(1). Pub. L. 103–382, § 394(f)(1)(B), substituted “section 8801” for “section 2891”.
Credits
1994–2004 · 5 acts
- 1994Pub. L. 103–227, § 3, , 108 Stat. 129
- 1994Pub. L. 103–382, title III, § 394(f)(1), , 108 Stat. 4027
- 1996Pub. L. 104–134, title I, § 101(d) [title VII, § 703(a)(3)], , 110 Stat. 1321–211, 1321–252
- 1996renumbered title I, Pub. L. 104–140, § 1(a), , 110 Stat. 1327
- 2004Pub. L. 108–446, title III, § 305(e), , 118 Stat. 2805.
Show as published
(Pub. L. 103–227, § 3, , 108 Stat. 129; Pub. L. 103–382, title III, § 394(f)(1), , 108 Stat. 4027; Pub. L. 104–134, title I, § 101(d) [title VII, § 703(a)(3)], , 110 Stat. 1321–211, 1321–252; renumbered title I, Pub. L. 104–140, § 1(a), , 110 Stat. 1327; Pub. L. 108–446, title III, § 305(e), , 118 Stat. 2805.)