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LegalText 20 U.S.C. § 7491 Definitions us united_states_code code_section 20 EDUCATION 70 STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS 7491 20 U.S.C. § 7491 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc20@119-100.zip /us/usc/t20/s7491 data/legal/raw/us/code/title-20/usc20.xml fe79a47fd9612b48ac22070bb19321e4caea8e94f3c48b5dd2627028d5ef4f7b 6022872c5d6a3398d1728f82f8cefcb58db9f5ff548e2a636450be1e4a8bb052 ab40bcf71e5e50bfd3d9efc362144c27404d8c35ccb7b46ec9952d154cddd712 2026-07-04 official
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20 U.S.C. § 7491 - Definitions

Text

For the purposes of this part:

(1) Adult The term “adult” means an individual who—

(A) has attained the age of 16 years; or

(B) has attained an age that is greater than the age of compulsory school attendance under an applicable State law.

(2) Free public education The term “free public education” means education that is—

(A) provided at public expense, under public supervision and direction, and without tuition charge; and

(B) provided as elementary or secondary education in the applicable State or to preschool children.

(3) Indian The 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—

(i) any tribe or band terminated since 1940; and

(ii) any tribe or band recognized by the State in which the tribe or band resides;

(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) 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. 8910, title VI, § 6151, formerly title VII, § 7151, as added Pub. L. 107110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1931; renumbered title VI, § 6151, and amended Pub. L. 11495, title VI, § 6001(a), (b)(1), § 6002(s), Dec. 10, 2015, 129 Stat. 2046, 2062.)

Notes

Editorial Notes

References in TextThe Indian Education Act of 1988, as in effect the day preceding October 20, 1994, referred to in par. (3)(E), is part C (§§ 53015352) of title V of Pub. L. 100297, 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. 103382, title III, § 367, Oct. 20, 1994, 108 Stat. 3976.

Prior ProvisionsA prior section 7491, Pub. L. 8910, title VII, § 7161, as added Pub. L. 103382, 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. 107110. A prior section 6151 of Pub. L. 8910 was classified to section 7321 of this title, prior to repeal by Pub. L. 11495.

Amendments2015—Par. (4). Pub. L. 11495, § 6002(s), added par. (4).

Statutory Notes and Related Subsidiaries

Effective Date of 2015 AmendmentAmendment by Pub. L. 11495 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 11495, set out as a note under section 6301 of this title.