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20 U.S.C. § 1003 — Additional definitions
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Page 203
TITLE 20—EDUCATION
§ 1003
§ 1003. Additional definitions
In this chapter:
(1) Authorizing committees
The term ‘‘authorizing committees’’ means
the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee
on Education and Labor of the House of Rep-
resentatives.
(2) Combination of institutions of higher edu-
cation
The term ‘‘combination of institutions of
higher education’’ means a group of institu-
tions of higher education that have entered
into a cooperative arrangement for the pur-
pose of carrying out a common objective, or a
public or private nonprofit agency, organiza-
tion, or institution designated or created by a
group of institutions of higher education for
the purpose of carrying out a common objec-
tive on the group’s behalf.
(3) Critical foreign language
Except as otherwise provided, the term
‘‘critical foreign language’’ means each of the
languages contained in the list of critical lan-
guages designated by the Secretary in the
Federal Register on August 2, 1985 (50 Fed.
Reg. 31412; promulgated under the authority of
section 212(d) of the Education for Economic
Security Act (repealed by section 2303 of the
Augustus F. Hawkins-Robert T. Stafford Ele-
mentary and Secondary School Improvement
Amendments of 1988)), as updated by the Sec-
retary from time to time and published in the
Federal Register, except that in the imple-
mentation of this definition with respect to a
specific title, the Secretary may set priorities
according to the purposes of such title and the
national security, economic competitiveness,
and educational needs of the United States.
(4) Department
The term ‘‘Department’’ means the Depart-
ment of Education.
(5) Diploma mill
The term ‘‘diploma mill’’ means an entity
that
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Page 203
TITLE 20—EDUCATION
§ 1003
§ 1003. Additional definitions
In this chapter:
(1) Authorizing committees
The term ‘‘authorizing committees’’ means
the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee
on Education and Labor of the House of Rep-
resentatives.
(2) Combination of institutions of higher edu-
cation
The term ‘‘combination of institutions of
higher education’’ means a group of institu-
tions of higher education that have entered
into a cooperative arrangement for the pur-
pose of carrying out a common objective, or a
public or private nonprofit agency, organiza-
tion, or institution designated or created by a
group of institutions of higher education for
the purpose of carrying out a common objec-
tive on the group’s behalf.
(3) Critical foreign language
Except as otherwise provided, the term
‘‘critical foreign language’’ means each of the
languages contained in the list of critical lan-
guages designated by the Secretary in the
Federal Register on August 2, 1985 (50 Fed.
Reg. 31412; promulgated under the authority of
section 212(d) of the Education for Economic
Security Act (repealed by section 2303 of the
Augustus F. Hawkins-Robert T. Stafford Ele-
mentary and Secondary School Improvement
Amendments of 1988)), as updated by the Sec-
retary from time to time and published in the
Federal Register, except that in the imple-
mentation of this definition with respect to a
specific title, the Secretary may set priorities
according to the purposes of such title and the
national security, economic competitiveness,
and educational needs of the United States.
(4) Department
The term ‘‘Department’’ means the Depart-
ment of Education.
(5) Diploma mill
The term ‘‘diploma mill’’ means an entity
that—
(A)(i) offers, for a fee, degrees, diplomas, or
certificates, that may be used to represent
to the general public that the individual pos-
sessing such a degree, diploma, or certificate
has completed a program of postsecondary
education or training; and
(ii) requires such individual to complete
little or no education or coursework to ob-
tain such degree, diploma, or certificate; and
(B) lacks accreditation by an accrediting
agency or association that is recognized as
an accrediting agency or association of in-
stitutions of higher education (as such term
is defined in section 1002 of this title) by—
(i) the Secretary pursuant to subpart 2 of
part H of subchapter IV; or
(ii) a Federal agency, State government,
or other organization or association that
recognizes accrediting agencies or associa-
tions.
(6) Disability
The term ‘‘disability’’ has the same meaning
given that term under section 12102(2) of title
42.
(7) Distance education
(A) In general
Except as otherwise provided, the term
‘‘distance education’’ means education that
uses one or more of the technologies de-
scribed in subparagraph (B)—
(i) to deliver instruction to students who
are separated from the instructor; and
(ii) to support regular and substantive
interaction between the students and the
instructor,
synchronously
or
asyn-
chronously.
(B) Inclusions
For the purposes of subparagraph (A), the
technologies used may include—
(i) the Internet;
(ii) one-way and two-way transmissions
through open broadcast, closed circuit,
cable, microwave, broadband lines, fiber
optics, satellite, or wireless communica-
tions devices;
(iii) audio conferencing; or
(iv)
video
cassettes,
DVDs,
and
CD–ROMs, if the cassettes, DVDs, or
CD–ROMs are used in a course in conjunc-
tion with any of the technologies listed in
clauses (i) through (iii).
(8) Early childhood education program
The term ‘‘early childhood education pro-
gram’’ means—
(A) a Head Start program or an Early Head
Start program carried out under the Head
Start Act (42 U.S.C. 9831 et seq.), including a
migrant or seasonal Head Start program, an
Indian Head Start program, or a Head Start
program or an Early Head Start program
that also receives State funding;
(B) a State licensed or regulated child care
program; or
(C) a program that—
(i) serves children from birth through
age six that addresses the children’s cog-
nitive (including language, early literacy,
and early mathematics), social, emotional,
and physical development; and
(ii) is—
(I) a State prekindergarten program;
(II) a program authorized under section
619 [20 U.S.C. 1419] or part C of the Indi-
viduals with Disabilities Education Act
[20 U.S.C. 1431 et seq.]; or
(III) a program operated by a local edu-
cational agency.
(9) Elementary school
The term ‘‘elementary school’’ has the same
meaning given that term under section 7801 of
this title.
(10) Gifted and talented
The term ‘‘gifted and talented’’ has the same
meaning given that term under section 7801 of
this title.
(11) Local educational agency
The term ‘‘local educational agency’’ has
the same meaning given that term under sec-
tion 7801 of this title.
(12) New borrower
The term ‘‘new borrower’’ when used with
respect to any date means an individual who
Page 204
TITLE 20—EDUCATION
§ 1003
1 See References in Text note below.
on that date has no outstanding balance of
principal or interest owing on any loan made,
insured, or guaranteed under subchapter IV.
(13) Nonprofit
The term ‘‘nonprofit’’ as applied to a school,
agency, organization, or institution means a
school, agency, organization, or institution
owned and operated by one or more nonprofit
corporations or associations, no part of the
net earnings of which inures, or may lawfully
inure, to the benefit of any private share-
holder or individual.
(14) Poverty line
The term ‘‘poverty line’’ means the poverty
line (as defined in section 9902(2) of title 42) ap-
plicable to a family of the size involved.
(15) School or department of divinity
The term ‘‘school or department of divinity’’
means an institution, or a department or a
branch of an institution, the program of in-
struction of which is designed for the edu-
cation of students—
(A) to prepare the students to become min-
isters of religion or to enter upon some other
religious vocation (or to provide continuing
training for any such vocation); or
(B) to prepare the students to teach theo-
logical subjects.
(16) Secondary school
The term ‘‘secondary school’’ has the same
meaning given that term under section 7801 of
this title.
(17) Secretary
The term ‘‘Secretary’’ means the Secretary
of Education.
(18) Service-learning
The term ‘‘service-learning’’ has the same
meaning
given
that
term
under
section
12511(23) 1 of title 42.
(19) Special education teacher
The term ‘‘special education teacher’’ means
teachers who teach children with disabilities
as defined in section 602 of the Individuals
with Disabilities Education Act.
(20) State educational agency
The term ‘‘State educational agency’’ has
the same meaning given that term under sec-
tion 7801 of this title.
(21) State; Freely Associated States
(A) State
The term ‘‘State’’ includes, in addition to
the several States of the United States, the
Commonwealth of Puerto Rico, the District
of Columbia, Guam, American Samoa, the
United States Virgin Islands, the Common-
wealth of the Northern Mariana Islands, and
the Freely Associated States.
(B) Freely Associated States
The term ‘‘Freely Associated States’’
means the Republic of the Marshall Islands,
the Federated States of Micronesia, and the
Republic of Palau.
(22) State higher education agency
The term ‘‘State higher education agency’’
means the officer or agency primarily respon-
sible for the State supervision of higher edu-
cation.
(23) Universal design
The term ‘‘universal design’’ has the mean-
ing given the term in section 3002 of title 29.
(24) Universal design for learning
The term ‘‘universal design for learning’’
means a scientifically valid framework for
guiding educational practice that—
(A) provides flexibility in the ways infor-
mation is presented, in the ways students re-
spond or demonstrate knowledge and skills,
and in the ways students are engaged; and
(B) reduces barriers in instruction, pro-
vides
appropriate
accommodations,
sup-
ports, and challenges, and maintains high
achievement expectations for all students,
including students with disabilities and stu-
dents who are limited English proficient.
(Pub. L. 89–329, title I, § 103, as added Pub. L.
105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1589;
amended Pub. L. 107–110, title X, § 1076(g), Jan. 8,
2002, 115 Stat. 2091; Pub. L. 110–315, title I,
§ 103(a), Aug. 14, 2008, 122 Stat. 3086; Pub. L.
114–95, title IX, § 9215(oo)(1), Dec. 10, 2015, 129
Stat. 2177.)
Editorial Notes
REFERENCES IN TEXT
Section 212(d) of the Education for Economic Secu-
rity Act, referred to in par. (3), is section 212(d) of title
II of Pub. L. 98–377, Aug. 11, 1984, 98 Stat. 1282, which
was classified to section 3972(d) of this title, prior to re-
peal by Pub. L. 100–297, title II, § 2303, Apr. 28, 1988, 102
Stat. 324.
The Head Start Act, referred to in par. (8)(A), is sub-
chapter B (§ 635 et seq.) of chapter 8 of subtitle A of
title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 499,
which is classified generally to subchapter II (§ 9831 et
seq.) of chapter 105 of Title 42, The Public Health and
Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 9801 of
Title 42 and Tables.
The Individuals with Disabilities Education Act, re-
ferred to in par. (8)(C)(ii)(II), is title VI of Pub. L.
91–230, Apr. 13, 1970, 84 Stat. 175. Part C of the Act is
classified generally to subchapter III (§ 1431 et seq.) of
chapter 33 of this title. For complete classification of
this Act to the Code, see section 1400 of this title and
Tables.
Section 12511(23) of title 42, referred to in par. (18),
was redesignated section 12511(40) by Pub. L. 111–13,
title I, § 1102(b)(1), Apr. 21, 2009, 123 Stat. 1467.
PRIOR PROVISIONS
Provisions similar to this section were contained in
section 1141(b) of this title prior to repeal by Pub. L.
105–244.
A prior section 1003, Pub. L. 89–329, title I, § 103, as
added Pub. L. 102–325, title I, § 101, July 23, 1992, 106
Stat. 459; amended Pub. L. 103–208, § 2(a)(1), Dec. 20, 1993,
107 Stat. 2457, related to authority to make grants
under the school, college, and university partnership
grant program, prior to the general amendment of this
subchapter by Pub. L. 105–244.
Another prior section 1003, Pub. L. 89–329, title I, § 103,
as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100
Stat. 1279, related to limitation on contract authority,
prior to the general amendment of this subchapter by
Pub. L. 102–325.
Page 205
TITLE 20—EDUCATION
§ 1003
Another prior section 1003, Pub. L. 89–329, title I, § 103,
as added Pub. L. 96–374, title I, § 101(a), Oct. 3, 1980, 94
Stat. 1375, related to duties of the Commission on Na-
tional Development in Postsecondary Education, prior
to the general amendment of this subchapter by Pub.
L. 99–498.
Another prior section 1003, Pub. L. 89–329, title I, § 103,
Nov. 8, 1965, 79 Stat. 1219; Pub. L. 92–318, title I,
§ 102(a)(2), June 23, 1972, 86 Stat. 237; Pub. L. 94–482, title
I, § 101(b)(2), (g)(2), Oct. 12, 1976, 90 Stat. 2084, 2086; Pub.
L. 95–43, § 1(a)(1), June 15, 1977, 91 Stat. 213; Pub. L.
96–96, § 1, Oct. 31, 1979, 93 Stat. 729, provided for the al-
lotment of funds to States, prior to the general amend-
ment of this subchapter by Pub. L. 96–374.
A prior section 1004, Pub. L. 89–329, title I, § 104, as
added Pub. L. 102–325, title I, § 101, July 23, 1992, 106
Stat. 460; amended Pub. L. 103–208, § 2(a)(2), Dec. 20, 1993,
107 Stat. 2457, related to grant applications, prior to the
general amendment of this subchapter by Pub. L.
105–244.
Another prior section 1004, Pub. L. 89–329, title I, § 104,
as added Pub. L. 96–374, title I, § 101(a), Oct. 3, 1980, 94
Stat. 1376, related to administrative provisions and
powers of Commission on National Development in
Postsecondary Education, prior to the general amend-
ment of this subchapter by Pub. L. 99–498.
Another prior section 1004, Pub. L. 89–329, title I, § 104,
Nov. 8, 1965, 79 Stat. 1220; Pub. L. 94–482, title I,
§ 101(b)(3), Oct. 12, 1976, 90 Stat. 2084; Pub. L. 95–43,
§ 1(a)(2), June 15, 1977, 91 Stat. 213, described the allow-
able uses of States’ allotments of funds, prior to the
general amendment of this subchapter by Pub. L.
96–374.
A prior section 1005, Pub. L. 89–329, title I, § 105, as
added Pub. L. 102–325, title I, § 101, July 23, 1992, 106
Stat. 461, related to peer review of applications, prior
to the general amendment of this subchapter by Pub.
L. 105–244.
Another prior section 1005, Pub. L. 89–329, title I, § 105,
as added Pub. L. 96–374, title I, § 101(a), Oct. 3, 1980, 94
Stat. 1377, authorized appropriations, prior to the gen-
eral amendment of this subchapter by Pub. L. 99–498.
Another prior section 1005, Pub. L. 89–329, title I, § 105,
Nov. 8, 1965, 79 Stat. 1220; Pub. L. 90–575, title II, § 202,
Oct. 16, 1968, 82 Stat. 1036; Pub. L. 94–482, title I,
§ 101(b)(4)–(10), (g)(2), Oct. 12, 1976, 90 Stat. 2084–2086;
Pub. L. 95–43, § 1(a)(3), (b)(1), (2), June 15, 1977, 91 Stat.
213, 218, set out the requisite features of State plans,
prior to the general amendment of this subchapter by
Pub. L. 96–374.
A prior section 1005a, Pub. L. 89–329, title I, § 106, as
added Pub. L. 92–318, title I, § 102(a)(1), June 23, 1972, 86
Stat. 237; amended Pub. L. 94–482, title I, § 101(g)(2), Oct.
12, 1976, 90 Stat. 2086, provided for special programs and
projects relating to national and regional problems,
prior to the general amendment of this subchapter by
Pub. L. 96–374.
A prior section 1006, Pub. L. 89–329, title I, § 106, as
added Pub. L. 102–325, title I, § 101, July 23, 1992, 106
Stat. 461, authorized appropriations, prior to the gen-
eral amendment of this subchapter by Pub. L. 105–244.
Another prior section 1006, Pub. L. 89–329, title I, § 107,
formerly § 106, Nov. 8, 1965, 79 Stat. 1221; Pub. L. 90–575,
title II, § 203(a), Oct. 16, 1968, 82 Stat. 1036, renumbered
Pub. L. 92–318, title I, § 102(a)(1), June 23, 1972, 86 Stat.
236, and amended Pub. L. 94–482, title I, § 101(c), (g)(2),
Oct. 12, 1976, 90 Stat. 2085, 2086, related to payment and
method of payment of funds, prior to the general
amendment of this subchapter by Pub. L. 96–374.
Prior sections 1007 to 1010 were omitted in the general
amendment of this subchapter by Pub. L. 96–374.
Section 1007, Pub. L. 89–329, title I, § 108, formerly
§ 107, Nov. 8, 1965, 79 Stat. 1222, renumbered Pub. L.
92–318, title I, § 102(a)(1), June 23, 1972, 86 Stat. 236, and
amended Pub. L. 94–482, title I, § 101(g)(2), Oct. 12, 1976,
90 Stat. 2086, related to disapproval of State plans, no-
tice and hearing, findings of Commissioner of Edu-
cation, and notification to State of noneligibility.
Section 1008, Pub. L. 89–329, title I, § 109, formerly
§ 108, Nov. 8, 1965, 79 Stat. 1222, renumbered Pub. L.
92–318, title I, § 102(a)(1), June 23, 1972, 86 Stat. 236, and
amended Pub. L. 94–482, title I, § 101(d), Oct. 12, 1976, 90
Stat. 2085, provided for judicial review of actions of
Commissioner of Education and scope of that review.
Section 1008a, Pub. L. 89–329, title I, § 110, as added
Pub. L. 93–29, title VIII, § 803, May 3, 1973, 87 Stat. 59,
and amended Pub. L. 94–135, title II, § 201, Nov. 28, 1975,
89 Stat. 726; Pub. L. 94–482, title I, § 101(g)(2), Oct. 12,
1976, 90 Stat. 2086, provided for programs and projects
relating to problems of the elderly.
Section 1008b, Pub. L. 89–329, title I, § 111, as added
Pub. L. 94–482, title I, § 101(e), Oct. 12, 1976, 90 Stat. 2085,
related to technical assistance and administration.
Section 1009, Pub. L. 89–329, title I, § 112, formerly
§ 109, Nov. 8, 1965, 79 Stat. 1223; Pub. L. 91–230, title IV,
§ 401(h)(4), Apr. 13, 1970, 84 Stat. 174, renumbered § 110,
Pub. L. 92–318, title I, § 102(a)(1), June 23, 1972, 86 Stat.
236, renumbered § 111, Pub. L. 93–29, title VIII, § 803, May
3, 1973, 87 Stat. 59; Pub. L. 93–380, title VIII, § 831, Aug.
21, 1974, 88 Stat. 603; Pub. L. 93–644, § 9(a), Jan. 4, 1975,
88 Stat. 2310, renumbered § 112 and amended Pub. L.
94–482, title I, § 101(e), (f)(1), (g)(2), Oct. 12, 1976, 90 Stat.
2085, 2086; 1977 Reorg. Plan No. 2, § 7(a)(13), 42 F.R. 62461,
91 Stat. 1637, provided for creation of a National Advi-
sory Council on Extension and Continuing Education.
Section 1010, Pub. L. 89–329, title I, § 113, formerly
§ 110, Nov. 8, 1965, 79 Stat. 1224, renumbered § 111, Pub. L.
92–318, title I, § 102(a)(1), June 23, 1972, 86 Stat. 236, re-
numbered § 112, Pub. L. 93–29, title VIII, § 803, May 3,
1973, 87 Stat. 59, renumbered § 113 and amended Pub. L.
94–482, title I, § 101(e), (f)(2), Oct. 12, 1976, 90 Stat. 2085,
2086, directed that nothing in the section be held to
modify any authority under the Smith-Lever Act, sec-
tion 341 et seq. of Title 7, Agriculture.
AMENDMENTS
2015—Pars.
(9)
to
(11),
(16).
Pub.
L.
114–95,
§ 9215(oo)(1)(A)–(D), made technical amendments to ref-
erences in original act which appear in text as ref-
erences to section 7801 of this title.
Par. (20). Pub. L. 114–95, § 9215(oo)(1)(E), which di-
rected technical amendment in par. (21) to reference in
original act which appears in text as reference to sec-
tion 7801 of this title, was executed by making the
amendment in par. (20), to reflect the probable intent of
Congress. The reference did not appear in par. (21).
2008—Pub. L. 110–315, § 103(a)(2), reordered pars. in al-
phabetical order based on headings of pars. and renum-
bered pars. as so reordered, resulting in pars. (1) to (22)
being redesignated as (2), (4), (6), (9) to (13), (15) to (20),
(22), (21), (1), (3), (7), (5), (8), and (14), respectively.
Pars. (17) to (24). Pub. L. 110–315, § 103(a)(1), added
pars. (17) to (24).
2002—Pars. (4) to (6), (10), (14). Pub. L. 107–110 sub-
stituted ‘‘7801’’ for ‘‘8801’’.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Committee on Education and Labor of House of Rep-
resentatives changed to Committee on Education and
the Workforce of House of Representatives by House
Resolution No. 5, One Hundred Eighteenth Congress,
Jan. 9, 2023.
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive pro-
grams and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–110 effective Jan. 8, 2002,
except with respect to certain noncompetitive pro-
grams and competitive programs, see section 5 of Pub.
L. 107–110, set out as an Effective Date note under sec-
tion 6301 of this title.
Page 206
TITLE 20—EDUCATION
§ 1011
PART B—ADDITIONAL GENERAL PROVISIONS
§ 1011. Antidiscrimination
(a) In general
Institutions of higher education receiving Fed-
eral financial assistance may not use such finan-
cial assistance, directly or indirectly, to under-
take any study or project or fulfill the terms of
any contract containing an express or implied
provision that any person or persons of a par-
ticular race, religion, sex, or national origin be
barred from performing such study, project, or
contract, except that nothing in this subsection
shall be construed to prohibit an institution
from conducting objective studies or projects
concerning the nature, effects, or prevention of
discrimination, or to have the institution’s cur-
riculum restricted on the subject of discrimina-
tion.
(b) Limitations on statutory construction
Nothing in this chapter shall be construed to
limit the rights or responsibilities of any indi-
vidual under the Americans with Disabilities
Act of 1990 [42 U.S.C. 12101 et seq.], the Rehabili-
tation Act of 1973 [29 U.S.C. 701 et seq.], or any
other law.
(Pub. L. 89–329, title I, § 111, as added Pub. L.
105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1590;
amended Pub. L. 111–39, title I, § 101(b)(2), July 1,
2009, 123 Stat. 1935.)
Editorial Notes
REFERENCES IN TEXT
The Americans with Disabilities Act of 1990, referred
to in subsec. (b), is Pub. L. 101–336, July 26, 1990, 104
Stat. 327, which is classified principally to chapter 126
(§ 12101 et seq.) of Title 42, The Public Health and Wel-
fare. For complete classification of this Act to the
Code, see Short Title note set out under section 12101
of Title 42 and Tables.
The Rehabilitation Act of 1973, referred to in subsec.
(b), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which
is classified generally to chapter 16 (§ 701 et seq.) of
Title 29, Labor. For complete classification of this Act
to the Code, see Short Title note set out under section
701 of Title 29 and Tables.
PRIOR PROVISIONS
Provisions similar to this section were contained in
section 1142 of this title prior to repeal by Pub. L.
105–244.
A prior section 1011, Pub. L. 89–329, title I, § 121, as
added Pub. L. 102–325, title I, § 101, July 23, 1992, 106
Stat. 461, stated congressional findings and purposes of
articulation agreements grant program, prior to the
general amendment of this subchapter by Pub. L.
105–244.
Another prior section 1011, Pub. L. 89–329, title I, § 111,
as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100
Stat. 1279, related to institutional development, prior
to the general amendment of this subchapter by Pub.
L. 102–325.
Another prior section 1011, Pub. L. 89–329, title I, § 111,
as added Pub. L. 96–374, title I, § 101(a), Oct. 3, 1980, 94
Stat. 1377, stated Congressional findings with respect to
education outreach programs, prior to the general
amendment of this subchapter by Pub. L. 99–498.
Another prior section 1011, Pub. L. 89–329, title I, § 114,
formerly § 111, Nov. 8, 1965, 79 Stat. 1224, renumbered
§ 112 and amended Pub. L. 92–318, title I, §§ 102(a)(1),
131(d)(2)(A), June 23, 1972, 86 Stat. 236, 260, renumbered
§ 113, Pub. L. 93–29, title VIII, § 803, May 3, 1973, 87 Stat.
59, renumbered § 114, Pub. L. 94–482, title I, § 101(e), Oct.
12, 1976, 90 Stat. 2085, prohibited the giving of grants for
programs relating to sectarian instruction or worship,
prior to the general amendment of this subchapter by
Pub. L. 96–374.
AMENDMENTS
2009—Subsec. (b). Pub. L. 111–39 substituted ‘‘with’’
for ‘‘With’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2009 AMENDMENT
Amendment by Pub. L. 111–39 effective as if enacted
on the date of enactment of Pub. L. 110–315 (Aug. 14,
2008), see section 3 of Pub. L. 111–39, set out as a note
under section 1001 of this title.
§ 1011a. Protection of student speech and asso-
ciation rights
(a) Protection of rights
(1) It is the sense of Congress that no student
attending an institution of higher education on
a full- or part-time basis should, on the basis of
participation in protected speech or protected
association, be excluded from participation in,
be denied the benefits of, or be subjected to dis-
crimination or official sanction under any edu-
cation program, activity, or division of the in-
stitution directly or indirectly receiving finan-
cial assistance under this chapter, whether or
not such program, activity, or division is spon-
sored or officially sanctioned by the institution.
(2) It is the sense of Congress that—
(A) the diversity of institutions and edu-
cational missions is one of the key strengths
of American higher education;
(B) individual institutions of higher edu-
cation have different missions and each insti-
tution should design its academic program in
accordance with its educational goals;
(C) an institution of higher education should
facilitate the free and open exchange of ideas;
(D) students should not be intimidated, har-
assed, discouraged from speaking out, or dis-
criminated against;
(E) students should be treated equally and
fairly; and
(F) nothing in this paragraph shall be con-
strued to modify, change, or infringe upon any
constitutionally protected religious liberty,
freedom, expression, or association.
(b) Construction
Nothing in this section shall be construed—
(1) to discourage the imposition of an official
sanction on a student that has willfully par-
ticipated in the disruption or attempted dis-
ruption of a lecture, class, speech, presen-
tation, or performance made or scheduled to
be made under the auspices of the institution
of higher education, provided that the imposi-
tion of such sanction is done objectively and
fairly; or
(2) to prevent an institution of higher edu-
cation from taking appropriate and effective
action to prevent violations of State liquor
laws, to discourage binge drinking and other
alcohol abuse, to protect students from sexual
harassment including assault and date rape, to
prevent hazing, or to regulate unsanitary or
unsafe conditions in any student residence.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Authorizing committees** — The term “authorizing committees” means the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives.
(2) **Combination of institutions of higher education** — The term “combination of institutions of higher education” means a group of institutions of higher education that have entered into a cooperative arrangement for the purpose of carrying out a common objective, or a public or private nonprofit agency, organization, or institution designated or created by a group of institutions of higher education for the purpose of carrying out a common objective on the group’s behalf.
(3) **Critical foreign language** — Except as otherwise provided, the term “critical foreign language” means each of the languages contained in the list of critical languages designated by the Secretary in the Federal Register on August 2, 1985 (50 Fed. Reg. 31412; promulgated under the authority of section 212(d) of the Education for Economic Security Act (repealed by section 2303 of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988)), as updated by the Secretary from time to time and published in the Federal Register, except that in the implementation of this definition with respect to a specific title, the Secretary may set priorities according to the purposes of such title and the national security, economic competitiveness, and educational needs of the United States.
(4) **Department** — The term “Department” means the Department of Education.
(5) **Diploma mill** — The term “diploma mill” means an entity that—
(A)
(i) offers, for a fee, degrees, diplomas, or certificates, that may be used to rep
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1003
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary shall provide grants under this section to assist States to provide special education and related services, in accordance with this subchapter—
(1) to children with disabilities aged 3 through 5, inclusive; and
(2) at the State’s discretion, to 2-year-old children with disabilities who will turn 3 during the school year.
**(b) Eligibility** A State shall be eligible for a grant under this section if such State—
(1) is eligible under [section 1412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1412&num=0&edition=prelim) to receive a grant under this subchapter; and
(2) makes a free appropriate public education available to all children with disabilities, aged 3 through 5, residing in the State.
**(c) Allocations to States**
(1) **In general** — The Secretary shall allocate the amount made available to carry out this section for a fiscal year among the States in accordance with paragraph (2) or (3), as the case may be.
(2) **Increase in funds** — If the amount available for allocations to States under paragraph (1) for a fiscal year is equal to or greater than the amount allocated to the States under this section for the preceding fiscal year, those allocations shall be calculated as follows:
(A) *Allocation*
(i) *In general* — Except as provided in subparagraph (B), the Secretary shall—
(I) allocate to each State the amount the State received under this section for fiscal year 1997;
(II) allocate 85 percent of any remaining funds to States on the basis of the States’ relative populations of children aged 3 through 5; and
(III) allocate 15 percent of those remaining funds to States on the basis of the States’ relative populations of all children aged 3 through
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1419
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Federal law — U.S. Code and appendices · legal_authorities
Page 983
TITLE 20—EDUCATION
§ 1419
English proficiency status, gender, and dis-
ability category, of children with disabilities,
including suspensions of 1 day or more.
(E) The number and percentage of children
with disabilities who are removed to alter-
native educational settings or expelled as
compared to children without disabilities who
are removed to alternative educational set-
tings or expelled.
(F) The number of due process complaints
filed under section 1415 of this title and the
number of hearings conducted.
(G) The number of hearings requested under
section 1415(k) of this title and the number of
changes in placements ordered as a result of
those hearings.
(H) The number of mediations held and the
number of settlement agreements reached
through such mediations.
(2) The number and percentage of infants
and toddlers, by race, and ethnicity, who are
at risk of having substantial developmental
delays (as defined in section 1432 of this title),
and who are receiving early intervention serv-
ices under subchapter III.
(3) Any other information that may be re-
quired by the Secretary.
(b) Data reporting
(1) Protection of identifiable data
The data described in subsection (a) shall be
publicly reported by each State in a manner
that does not result in the disclosure of data
identifiable to individual children.
(2) Sampling
The Secretary may permit States and the
Secretary of the Interior to obtain the data
described in subsection (a) through sampling.
(c) Technical assistance
The Secretary may provide technical assist-
ance to States to ensure compliance with the
data collection and reporting requirements
under this chapter.
(d) Disproportionality
(1) In general
Each State that receives assistance under
this subchapter, and the
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** Congress finds that there is an urgent and substantial need—
(1) to enhance the development of infants and toddlers with disabilities, to minimize their potential for developmental delay, and to recognize the significant brain development that occurs during a child’s first 3 years of life;
(2) to reduce the educational costs to our society, including our Nation’s schools, by minimizing the need for special education and related services after infants and toddlers with disabilities reach school age;
(3) to maximize the potential for individuals with disabilities to live independently in society;
(4) to enhance the capacity of families to meet the special needs of their infants and toddlers with disabilities; and
(5) to enhance the capacity of State and local agencies and service providers to identify, evaluate, and meet the needs of all children, particularly minority, low-income, inner city, and rural children, and infants and toddlers in foster care.
**(b) Policy** It is the policy of the United States to provide financial assistance to States—
(1) to develop and implement a statewide, comprehensive, coordinated, multidisciplinary, interagency system that provides early intervention services for infants and toddlers with disabilities and their families;
(2) to facilitate the coordination of payment for early intervention services from Federal, State, local, and private sources (including public and private insurance coverage);
(3) to enhance State capacity to provide quality early intervention services and expand and improve existing early intervention services being provided to infants and toddlers with disabilities and their families; and
(4) to encourage States to expand opportunities for children under 3 years of age who would be at risk
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Federal law — U.S. Code and appendices · legal_authorities
Page 986
TITLE 20—EDUCATION
§ 1431
by States to local educational agencies and inter-
mediate educational units, was omitted in the general
amendment of subchapters I to IV of this chapter by
Pub. L. 105–17.
Prior sections 1421 to 1427, which comprised former
subchapter III of this chapter, were repealed by Pub. L.
105–17, title II, § 203(c), June 4, 1997, 111 Stat. 157, effec-
tive Oct. 1, 1997.
Section 1421, Pub. L. 91–230, title VI, § 621, Apr. 13,
1970, 84 Stat. 181; Pub. L. 98–199, §§ 3(b), 10, Dec. 2, 1983,
97 Stat. 1358, 1363; Pub. L. 99–457, title III, § 301, Oct. 8,
1986, 100 Stat. 1159; Pub. L. 100–630, title I, § 103(b), Nov.
7, 1988, 102 Stat. 3296; Pub. L. 101–476, title III, § 301, title
IX, § 901(b)(95)–(99), Oct. 30, 1990, 104 Stat. 1117, 1146;
Pub. L. 102–119, § 25(b), Oct. 7, 1991, 105 Stat. 607, related
to establishment and operation of regional and Federal
resource centers.
Section 1422, Pub. L. 91–230, title VI, § 622, Apr. 13,
1970, 84 Stat. 182; Pub. L. 98–199, §§ 3(b), 10, Dec. 2, 1983,
97 Stat. 1358, 1364; Pub. L. 99–457, title III, § 302, Oct. 8,
1986, 100 Stat. 1160; Pub. L. 100–630, title I, § 103(c), Nov.
7, 1988, 102 Stat. 3297; Pub. L. 101–476, title III, § 302, Oct.
30, 1990, 104 Stat. 1118; Pub. L. 102–119, § 25(a)(8), Oct. 7,
1991, 105 Stat. 606; Pub. L. 103–382, title III, § 391(f)(3),
Oct. 20, 1994, 108 Stat. 4023, related to services for deaf-
blind children and youth.
Section 1423, Pub. L. 91–230, title VI, § 623, Apr. 13,
1970, 84 Stat. 183; Pub. L. 98–199, §§ 3(b), 10, Dec. 2, 1983,
97 Stat. 1358, 1365; Pub. L. 99–457, title III, § 303, Oct. 8,
1986, 100 Stat. 1161; Pub. L. 100–630, title I, § 103(d), Nov.
7, 1988, 102 Stat. 3297; Pub. L. 101–476, title III, § 303, title
IX, § 901(b)(100)–(106), Oct. 30
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1431
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Approval of State plans**
(1) **In general** — The Administrator shall approve any State plan submitted under [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim) that the Administrator determines meets the requirements of [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim), and shall disapprove any such plan that does not meet such requirements, as soon as practicable after receiving the plan. Prior to such disapproval, the Administrator shall notify the State of the intention to disapprove the plan, and shall afford such State reasonable notice and opportunity for a hearing.
(2) **Procedures**
(A) *In general* — Except as provided in subparagraph (B), the provisions of subsections (c) and (d) of [section 727 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section727&num=0&edition=prelim) shall apply to any State plan submitted to the Administrator under [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim).
(B) *Application* — For purposes of the application described in subparagraph (A), all references in such provisions—
(i) to the Secretary or the Commissioner shall be deemed to be references to the Administrator;
(ii) to the State agency shall be deemed to be references to the designated State entity; and
(iii) to [section 721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section721&num=0&edition=prelim) shall be deemed to be references to [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-ti
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 701
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Federal law — U.S. Code and appendices · legal_authorities
Page 191
TITLE 29—LABOR
§ 701
Sec.
SUBCHAPTER II—RESEARCH AND TRAINING
760.
Declaration of purpose.
761.
Authorization of appropriations.
762.
National Institute on Disability, Independent
Living, and Rehabilitation Research.
762a.
Research and demonstration projects.
763.
Interagency Committee.
764.
Research and other covered activities.
765.
Disability, Independent Living, and Rehabili-
tation Research Advisory Council.
766.
Definition of covered school.
SUBCHAPTER III—PROFESSIONAL DEVELOPMENT
AND SPECIAL PROJECTS AND DEMONSTRATIONS
771.
Declaration of purpose and competitive basis
of grants and contracts.
772.
Training.
773.
Demonstration and training programs.
774, 775.
Repealed.
776.
Measuring of project outcomes and perform-
ance.
SUBCHAPTER IV—NATIONAL COUNCIL ON
DISABILITY
780.
Establishment of National Council on Dis-
ability.
780a.
Independent status of National Council on the
Handicapped.
781.
Duties of National Council.
782.
Compensation of National Council members.
783.
Staff of National Council.
784.
Administrative powers of National Council.
785.
Authorization of appropriations.
SUBCHAPTER V—RIGHTS AND ADVOCACY
790.
Repealed.
791.
Employment of individuals with disabilities.
792.
Architectural and Transportation Barriers
Compliance Board.
793.
Employment under Federal contracts.
794.
Nondiscrimination under Federal grants and
programs.
794a.
Remedies and attorney fees.
794b.
Removal of architectural, transportation, or
communication barriers; technical and fi-
nancial assistance; compensation of experts
or consultants; authorization of appropria-
tions.
794c.
Interagency Disability Coordinating Council.
794d.
Electronic and information technology.
794d–1.
Reports on accessibility of
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Homosexuality and bisexuality** For purposes of the definition of “disability” in section 12102(2) 11 See References in Text note below. of this title, homosexuality and bisexuality are not impairments and as such are not disabilities under this chapter.
**(b) Certain conditions** Under this chapter, the term “disability” shall not include—
(1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
(2) compulsive gambling, kleptomania, or pyromania; or
(3) psychoactive substance use disorders resulting from current illegal use of drugs.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12101
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Federal law — U.S. Code and appendices · legal_authorities
Page 8237
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 12101
read as follows: ‘‘The plan shall accompany the Presi-
dent’s annual budget submission to the Congress.’’
Statutory Notes and Related Subsidiaries
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
of law requiring submittal to Congress of any annual,
semiannual, or other regular periodic report listed in
House Document No. 103–7 (in which reports required
under subsecs. (a) and (b) of this section are listed as
the 20th item on page 84 and the 19th item on page 86),
see section 3003 of Pub. L. 104–66, as amended, set out
as a note under section 1113 of Title 31, Money and Fi-
nance.
§ 12007. No antitrust immunity or defenses
Nothing in this chapter shall be deemed to
convey to any person, partnership, corporation,
or other entity immunity from civil or criminal
liability under any antitrust law or to create de-
fenses to actions under any antitrust law. As
used in this section, ‘‘antitrust laws’’ means
those Acts set forth in section 12 of title 15.
(Pub. L. 101–218, § 10, Dec. 11, 1989, 103 Stat. 1869.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 101–218, Dec. 11, 1989, 103
Stat. 1859, known as the Renewable Energy and Energy
Efficiency Technology Competitiveness Act of 1989,
which is classified principally to this chapter. For com-
plete classification of this Act to the Code, see Short
Title note set out under section 12001 of this title and
Tables.
CHAPTER 126—EQUAL OPPORTUNITY FOR
INDIVIDUALS WITH DISABILITIES
Sec.
12101.
Findings and purpose.
12102.
Definition of disability.
12103.
Additional definitions.
SUBCHAPTER I—EMPLOYMENT
12111.
Definitions.
12112.
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12101
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Federal law — U.S. Code and appendices · legal_authorities
It is the purpose of this subchapter to promote the school readiness of low-income children by enhancing their cognitive, social, and emotional development—
(1) in a learning environment that supports children’s growth in language, literacy, mathematics, science, social and emotional functioning, creative arts, physical skills, and approaches to learning; and
(2) through the provision to low-income children and their families of health, educational, nutritional, social, and other services that are determined, based on family needs assessments, to be necessary.
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