§7491 — Title 20 Education | U.S. Code

§7491 Definitions

Title 20 › Chapter CHAPTER 70— - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS › Subchapter SUBCHAPTER VI— - INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION › Part Part A— - Indian Education › Subpart subpart 5— - definitions; authorizations of appropriations › § 7491

Last updated Apr 6, 2026|Official source

Summary

Defines key words used in this part. Adult means a person who is at least 16 years old or who is older than the state’s required school-attendance age. Free public education means schooling paid for and run by the public, with no tuition, given as elementary or secondary school in the State or to preschool children. Indian covers several groups: a member of an Indian tribe or band (as the tribe or band defines membership), tribes ended since 1940, tribes the State recognizes, a first- or second-degree descendant of such a member, anyone the Secretary of the Interior treats as an Indian, Eskimo, Aleut, or other Alaska Native, or a member of an organized Indian group that received a grant under the Indian Education Act of 1988 as it existed the day before October 20, 1994. Traditional leaders has the meaning given in 25 U.S.C. 2902.

Title 20, §7491

Education — Source: USLM XML via OLRC

For the purposes of this part:

(1)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)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)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)The term “traditional leaders” has the meaning given the term in section 2902 of title 25.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Indian Education Act of 1988, as in effect the day preceding October 20, 1994, referred to in par. (3)(E), is part C (§§ 5301–5352) of title V of Pub. L. 100–297, 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. 103–382, title III, § 367, Oct. 20, 1994, 108 Stat. 3976.

Prior Provisions

A prior section 7491, Pub. L. 89–10, title VII, § 7161, as added Pub. L. 103–382, 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. 107–110. A prior section 6151 of Pub. L. 89–10 was classified to section 7321 of this title, prior to repeal by Pub. L. 114–95.

Amendments

2015—Par. (4). Pub. L. 114–95, § 6002(s), added par. (4).

Statutory Notes and Related Subsidiaries

Effective Date

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