20 USC 7801 - Definitions

Editorial Notes

References in Text

The Higher Education Act of 1965, referred to in par. (15)(B), is Puspan. L. 89–329, Nov. 8, 1965, 79 Stat. 1219, which is classified generally to chapter 28 (§ 1001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables.

Prior Provisions

A prior section 7801, Puspan. L. 89–10, title IX, § 9101, as added Puspan. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3773, set forth findings regarding Indian education, prior to the general amendment of former subchapter IX of this chapter by Puspan. L. 107–110.

Amendments

2024—Par. (36). Puspan. L. 118–42 amended par. (36) generally. Prior to amendment, par. (36) consisted of subpars. (A) to (C) defining outlying area.

2015—Puspan. L. 114–95, § 8002(19), struck out undesignated par. following par. (47) which defined “State”.

Pars. (3) to (6). Puspan. L. 114–95, § 8002(1), (2), redesignated pars. (4) to (7) as (3) to (6), respectively, and struck out former par. (3) which defined “beginning teacher”.

Pars. (7), (8). Puspan. L. 114–95, § 8002(2), redesignated pars. (8) and (9) as (7) and (8), respectively. Former par. (7) redesignated (6).

Puspan. L. 114–95, § 8001(span)(2), made technical amendment to reference in original act which appears in text as reference to section 7845 of this title.

Pars. (9), (10). Puspan. L. 114–95, § 8002(2), redesignated pars. (10) and (12) as (9) and (10), respectively. Former par. (9) redesignated (8).

Puspan. L. 114–95, § 8001(span)(3), made technical amendment to reference in original act which appears in text as reference to section 7842 of this title.

Par. (11). Puspan. L. 114–95, § 8002(3), added par. (11) and struck out former par. (11) which defined “covered program”.

Puspan. L. 114–95, § 8002(1), (2), redesignated par. (13) as (11) and struck out former par. (11) which defined “core academic subjects”.

Par. (12). Puspan. L. 114–95, § 8002(3), added par. (12) and struck out former par. (12) which defined “current expenditures”.

Puspan. L. 114–95, § 8002(2), redesignated par. (14) as (12). Former par. (12) redesignated (10).

Pars. (13), (14). Puspan. L. 114–95, § 8002(2), redesignated pars. (15) and (16) as (13) and (14), respectively. Former pars. (13) and (14) redesignated (11) and (12), respectively.

Pars. (15) to (17). Puspan. L. 114–95, § 8002(4), added pars. (15) to (17). Former pars. (15), (16), and (17) redesignated (13), (14), and (18), respectively.

Par. (18). Puspan. L. 114–95, § 8002(2), redesignated par. (17) as (18). Former par. (18) redesignated (19).

Par. (19). Puspan. L. 114–95, § 8002(1), (2), redesignated par. (18) as (19) and struck out former par. (19) which defined “exemplary teacher”.

Par. (20). Puspan. L. 114–95, § 8002(5)(A), (B), substituted “English learner” for “Limited English proficient” in heading and “English learner” for “limited English proficient” in introductory provisions.

Puspan. L. 114–95, § 8002(2), redesignated par. (25) as (20). Former par. (20) redesignated (24).

Par. (20)(D)(i). Puspan. L. 114–95, § 8002(5)(C), substituted “challenging State academic standards” for “State’s proficient level of achievement on State assessments described in section 6311(span)(3) of this title”.

Pars. (21), (22). Puspan. L. 114–95, § 8002(6), added pars. (21) and (22). Former pars. (21) and (22) redesignated (26) and (27), respectively.

Par. (23). Puspan. L. 114–95, § 8002(1), (6), added par. (23) and struck out former par. (23) which defined “highly qualified”.

Par. (24). Puspan. L. 114–95, § 8002(2), redesignated par. (20) as (24). Former par. (24) redesignated (29).

Par. (25). Puspan. L. 114–95, § 8002(7), added par. (25). Former par. (25) redesignated (20).

Pars. (26), (27). Puspan. L. 114–95, § 8002(2), redesignated pars. (21) and (22) as (26) and (27), respectively. Former pars. (26) and (27) redesignated (30) and (31), respectively.

Par. (28). Puspan. L. 114–95, § 8002(8), added par. (28). Former par. (28) redesignated (34).

Par. (29). Puspan. L. 114–95, § 8002(2), redesignated par. (24) as (29). Former par. (29) redesignated (35).

Par. (30). Puspan. L. 114–95, § 8002(2), (9), redesignated par. (26) as (30) and, in subpar. (C), substituted “Bureau of Indian Education schools” for “BIA schools” in heading and “Indian Education” for “Indian Affairs” in two places in text. Former par. (30) redesignated (36).

Par. (31). Puspan. L. 114–95, § 8002(2), redesignated par. (27) as (31). Former par. (31) redesignated (38).

Pars. (32), (33). Puspan. L. 114–95, § 8002(10), added pars. (32) and (33). Former pars. (32) and (33) redesignated (39) and (41), respectively.

Par. (34). Puspan. L. 114–95, § 8002(2), redesignated par. (28) as (34). Former par. (34) redesignated (42).

Par. (35). Puspan. L. 114–95, § 8002(1), (2), (11), redesignated par. (29) as (35), substituted “specialized instructional support” for “pupil services”, and struck out former par. (35) which defined “public telecommunications entity”.

Par. (36). Puspan. L. 114–95, § 8002(12), added par. (36) and struck out former par. (36) which defined “outlying area”.

Puspan. L. 114–95, § 8002(1), (2), redesignated par. (30) as (36) and struck out former par. (36) which defined “pupil services personnel” and “pupil services”.

Par. (37). Puspan. L. 114–95, § 8002(1), (13), added par. (37) and struck out former par. (37) which defined “scientifically based research”.

Par. (38). Puspan. L. 114–95, § 8002(2), redesignated par. (31) as (38). Former par. (38) redesignated (45).

Par. (39). Puspan. L. 114–95, § 8002(2), (14), redesignated par. (32) as (39), inserted “and” after semicolon at end of subpar. (C), and made technical amendment to reference in original act which appears in subpar. (D) as reference to section 6318 of this title. Former par. (39) redesignated (46).

Par. (40). Puspan. L. 114–95, § 8002(15), added par. (40).

Par. (41). Puspan. L. 114–95, § 8002(2), redesignated par. (33) as (41). Former par. (41) redesignated (49).

Par. (42). Puspan. L. 114–95, § 8002(16), added par. (42) and struck out former par. (42) which defined “professional development”.

Puspan. L. 114–95, § 8002(1), (2), redesignated par. (34) as (42) and struck out former par. (42) which defined “teacher mentoring”.

Pars. (43), (44). Puspan. L. 114–95, § 8002(17), added pars. (43) and (44). Former par. (43) redesignated (50).

Pars. (45), (46). Puspan. L. 114–95, § 8002(2), redesignated pars. (38) and (39) as (45) and (46), respectively.

Par. (47). Puspan. L. 114–95, § 8002(18), added par. (47).

Par. (48). Puspan. L. 114–95, § 8002(19), added par. (48).

Par. (49). Puspan. L. 114–95, § 8002(2), redesignated par. (41) as (49).

Par. (50). Puspan. L. 114–95, § 8002(20), added par. (50) and struck out former par. (50) which defined “technology”.

Puspan. L. 114–95, § 8002(2), redesignated par. (43) as (50).

Pars. (51), (52). Puspan. L. 114–95, § 8002(21), added pars. (51) and (52).

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Puspan. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Puspan. L. 114–95, set out as a note under section 6301 of this title.

Highly Qualified Teacher

Puspan. L. 111–242, § 163, as added by Puspan. L. 111–322, title I, § 1(a)(2), Dec. 22, 2010, 124 Stat. 3521; amended by Puspan. L. 112–175, § 145, Sept. 28, 2012, 126 Stat. 1322; Puspan. L. 113–46, div. A, § 144, Oct. 17, 2013, 127 Stat. 565; Puspan. L. 114–53, div. B, § 140, Sept. 30, 2015, 129 Stat. 510, renumbered div. B, Puspan. L. 114–113, § 8(3), Dec. 18, 2015, 129 Stat. 2245, provided that:

“(a) A ‘highly qualified teacher’ includes a teacher who meets the requirements in 34 CFR 200.56(a)(2)(ii), as published in the Federal Register on December 2, 2002.

“(span) This provision is effective on the date of enactment of this provision [Dec. 22, 2010] through the end of the 2016–2017 academic year.

“(c) Not later than December 31, 2013, the Secretary of Education shall submit a report to the Committees on Appropriations and Health, Education, Labor, and Pensions of the Senate and the Committees on Appropriations and Education and the Workforce of the House of Representatives, using data required under existing law (section 1111(h)(6)(A) of Public Law 107–110 [probably meant section 1111(h)(6)(A) of Puspan. L. 89–10, as added by Puspan. L. 107–110; former 20 U.S.C. 6311(h)(6)(A)]) by State and each local educational agency, regarding the extent to which students in the following categories are taught by teachers who are deemed highly qualified pursuant to 34 CFR 200.56(a)(2)(ii) as published in the Federal Register on December 2, 2002:

“(1) Students with disabilities.

“(2) English Learners.

“(3) Students in rural areas.

“(4) Students from low-income families.”