§7713 — Title 20 Education | U.S. Code

Summary

Defines key words used in this part so people know what the rules talk about. It gives short, plain meanings for terms about schools, money, buildings, land, and who runs schools. Armed Forces means the Army, Navy, Air Force, Marine Corps, and Coast Guard. Average per-pupil expenditure means the State’s total current spending by local school districts divided by the number of students in average daily attendance. Construction covers making plans, building, changing, fixing, inspecting, supervising, and paying debt for school buildings. Current expenditures means money spent for free public education (like administration, teaching, health, transportation, building upkeep, fixed charges, and food-service or student activity deficits) but not community services, capital outlay, debt service, or funds from part A of subchapter I; whether replacing equipment is treated as current or capital is set by the State’s accounting rules. Federal property covers many kinds of tax-exempt real property tied to the federal government or tribal land, certain low-rent and assisted housing, parts of housing projects, property owned by foreign governments or international organizations, and some non-federal interests or improvements; some properties stop qualifying after sale except for a one-year carryover, and U.S. Postal Service sites and pipelines/utilities are excluded; property on which children live may be excluded if no state tax money can be used for their free public education; there is a special rule for certain Indian housing in Oklahoma. Free public education means publicly paid, supervised education with no tuition for elementary and secondary grades and includes preschool but not education past grade 12. Indian lands means the federal or tribal lands described under Federal property rules. Local contribution percentage is the share of current spending that comes from local sources as reported to the National Center for Education Statistics, with Hawaii and D.C. getting the national average. Local educational agency means a local school board or similar authority that runs free public schools, and can include a State agency that directly operates schools; the Secretary can exclude agencies set up mainly to get federal aid or not run for real educational purposes. Low-rent housing, modernization, revenue derived from local sources, and school facilities are defined briefly: low-rent housing is the housing types listed under Federal property; modernization means repair, renovation, or replacement when cost-effective; revenue from local sources means money produced inside a local agency’s area or collected elsewhere but returned in the same share; and school facilities include classrooms and the equipment, machines, and utilities needed for schools.

Title 20, §7713

Education — Source: USLM XML via OLRC

For purposes of this subchapter:

(1)The term “Armed Forces” means the Army, Navy, Air Force, Marine Corps, and Coast Guard.

(2)The term “average per-pupil expenditure” means—

(A)the aggregate current expenditures of all local educational agencies in the State; divided by

(B)the total number of children in average daily attendance for whom such agencies provided free public education.

(3)The term “construction” means—

(A)the preparation of drawings and specifications for school facilities;

(B)erecting, building, acquiring, altering, remodeling, repairing, or extending school facilities;

(C)inspecting and supervising the construction of school facilities; and

(D)debt service for such activities.

(4)The term “current expenditures” means expenditures for free public education, including expenditures for administration, instruction, attendance and health services, pupil transportation services, operation and maintenance of plant, fixed charges, and net expenditures to cover deficits for food services and student body activities, but does not include expenditures for community services, capital outlay, and debt service, or any expenditures made from funds awarded under part A of subchapter I. The determination of whether an expenditure for the replacement of equipment is considered a current expenditure or a capital outlay shall be determined in accordance with generally accepted accounting principles as determined by the State.

(5)(A)Except as provided in subparagraphs (B) through (F), the term “Federal property” means real property that is not subject to taxation by any State or any political subdivision of a State due to Federal agreement, law, or policy, and that is—

(i)owned by the United States or leased by the United States from another entity;

(ii)(I)held in trust by the United States for individual Indians or Indian tribes;

(II)held by individual Indians or Indian tribes subject to restrictions on alienation imposed by the United States;

(III)conveyed at any time under the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.] to a Native individual, Native group, or village or regional corporation (including single family occupancy properties that may have been subsequently sold or leased to a third party), except that property that is conveyed under such Act—

(aa)that is not taxed is, for the purposes of this paragraph, considered tax-exempt due to Federal law; and

(bb)is considered Federal property for the purpose of this paragraph if the property is located within a Regional Educational Attendance Area that has no taxing power;

(IV)public land owned by the United States that is designated for the sole use and benefit of individual Indians or Indian tribes; or

(V)used for low-rent housing, as described in paragraph (10), that is located on land described in subclause (I), (II), (III), or (IV) of this clause or on land that met one of those descriptions immediately before such property’s use for such housing;

(iii)(I)part of a low-rent housing project assisted under the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.];

(II)used to provide housing for homeless children at closed military installations pursuant to section 11411 of title 42; or

(III)used for affordable housing assisted under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.); or

(iv)owned by a foreign government or by an international organization.

(B)The term “Federal property” includes, so long as not subject to taxation by any State or any political subdivision of a State, and whether or not that tax exemption is due to Federal agreement, law, or policy, any school providing flight training to members of the Air Force under contract with the Air Force at an airport owned by a State or political subdivision of a State.

(C)The term “Federal property” includes, whether or not subject to taxation by a State or a political subdivision of a State—

(i)any non-Federal easement, lease, license, permit, or other such interest in Federal property as otherwise described in this paragraph, but not including any non-Federal fee-simple interest;

(ii)any improvement on Federal property as otherwise described in this paragraph; and

(iii)real property that, immediately before its sale or transfer to a non-Federal party, was owned by the United States and otherwise qualified as Federal property described in this paragraph, but only for one year beyond the end of the fiscal year of such sale or transfer.

(D)Notwithstanding any other provision of this paragraph, the term “Federal property” does not include—

(i)any real property under the jurisdiction of the United States Postal Service that is used primarily for the provision of postal services; or

(ii)pipelines and utility lines.

(E)Notwithstanding any other provision of this paragraph, “Federal property” does not include any property on which children reside that is otherwise described in this paragraph if—

(i)no tax revenues of the State or of any political subdivision of the State may be expended for the free public education of children who reside on that Federal property; or

(ii)no tax revenues of the State are allocated or available for the free public education of such children.

(F)The term “Federal property” includes any real property located in the State of Oklahoma that—

(i)is owned by an Indian housing authority and used for low-income housing (including housing assisted under or authorized by the Native American Housing Assistance and Self-Determination Act of 1996 [25 U.S.C. 4101 et seq.]); and

(ii)at any time—

(I)was designated by treaty as tribal land; or

(II)satisfied the definition of Federal property under section 403(1)(A) of the Act of September 30, 1950 (Public Law 874, 81st Congress) (as such Act was in effect on the day preceding October 20, 1994).

(6)The term “free public education” means education that is provided—

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

(B)as elementary or secondary education, as determined under State law, except that, notwithstanding State law, such term—

(i)includes preschool education; and

(ii)does not include any education provided beyond grade 12.

(7)The term “Indian lands” means any Federal property described in paragraph (5)(A)(ii) or (5)(F).

(8)(A)The term “local contribution percentage” means the percentage of current expenditures in the State derived from local and intermediate sources, as reported to and verified by the National Center for Education Statistics.

(B)Notwithstanding subparagraph (A), the local contribution percentage for Hawaii and for the District of Columbia shall be the average local contribution percentage for the 50 States and the District of Columbia.

(9)(A)Except as provided in subparagraph (B), the term “local educational agency”—

(i)means a board of education or other legally constituted local school authority having administrative control and direction of free public education in a county, township, independent school district, or other school district; and

(ii)includes any State agency that directly operates and maintains facilities for providing free public education.

(B)The term “local educational agency” does not include any agency or school authority that the Secretary determines on a case-by-case basis—

(i)was constituted or reconstituted primarily for the purpose of receiving assistance under this subchapter or the Act of September 30, 1950 (Public Law 874, 81st Congress) (as such Act was in effect on the day preceding October 20, 1994) or increasing the amount of such assistance; or

(ii)is not constituted or reconstituted for legitimate educational purposes.

(10)The term “low-rent housing” means housing located on property that is described in paragraph (5)(A)(iii).

(11)The term “modernization” means repair, renovation, alteration, or construction, including—

(A)the concurrent installation of equipment; and

(B)the complete or partial replacement of an existing school facility, but only if such replacement is less expensive and more cost-effective than repair, renovation, or alteration of the school facility.

(12)The term “revenue derived from local sources” means—

(A)revenue produced within the boundaries of a local educational agency and available to such agency for such agency’s use; or

(B)funds collected by another governmental unit, but distributed back to a local educational agency in the same proportion as such funds were collected as a local revenue source.

(13)The term “school facilities” includes—

(A)classrooms and related facilities; and

(B)equipment, machinery, and utilities necessary or appropriate for school purposes.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Alaska Native Claims Settlement Act, referred to in par. (5)(A)(ii)(III), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see

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note set out under section 1601 of Title 43 and Tables. The United States Housing Act of 1937, referred to in par. (5)(A)(iii)(I), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to chapter 8 (§ 1437 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

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note set out under section 1437 of Title 42 and Tables. The Native American Housing Assistance and Self-Determination Act of 1996, referred to in par. (5)(A)(iii)(III), (F)(i), is Pub. L. 104–330, Oct. 26, 1996, 110 Stat. 4016, which is classified principally to chapter 43 (§ 4101 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see

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note set out under section 4101 of Title 25 and Tables. Act of

September 30, 1950 (Public Law 874, 81st Congress) (as such Act was in effect on the day preceding

October 20, 1994), referred to in pars. (5)(F)(ii)(II) and (9)(B)(i), is act Sept. 30, 1950, ch. 1124, 64 Stat. 1100, which was classified generally to chapter 13 (§ 236 et seq.) of this title prior to repeal by Pub. L. 103–382, title III, § 331(b), Oct. 20, 1994, 108 Stat. 3965. section 403 of the Act was classified to section 244 of this title. For complete classification of this Act to the Code, see Tables.

Amendments

2015—Par. (1). Pub. L. 114–95, § 7012(1), substituted “Marine Corps, and Coast Guard” for “and Marine Corps”. Par. (4). Pub. L. 114–95, § 7012(2), struck out “and subchapter VI” after “part A of subchapter I”. Par. (5)(A)(ii)(III). Pub. L. 114–95, § 7012(3)(A), added subcl. (III) and struck out former subcl. (III) which read as follows: “conveyed at any time under the Alaska Native Claims Settlement Act to a Native individual, Native group, or village or regional corporation;”. Par. (5)(A)(iii)(II). Pub. L. 114–95, § 7012(3)(B)(i), made technical amendment to reference in original act which appears in text as reference to section 11411 of title 42. Par. (5)(A)(iii)(III). Pub. L. 114–95, § 7012(3)(B)(ii), added subcl. (III) and struck out former subcl. (III) which read as follows: “used for affordable housing assisted under the Native American Housing Assistance and Self-Determination Act of 1996; or”. 2000—Par. (5)(A)(iii)(III). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1816(1)(A)], added subcl. (III). Par. (5)(F)(i). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1816(1)(B)], substituted “or authorized by the Native American Housing Assistance and Self-Determination Act of 1996” for “the mutual help ownership opportunity program under section 202 of the United States Housing Act of 1937”. Par. (8)(B). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1816(2)], substituted “the 50 States and the District of Columbia” for “all States”. Pars. (11) to (13). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1816(3), (4)], added par. (11) and redesignated former pars. (11) and (12) as (12) and (13), respectively.

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, and effective with respect to appropriations for use under this subchapter beginning fiscal year 2017, except as otherwise provided in such amendment, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

§7713 Definitions

Summary

Title 20, §7713

Notes & Related Subsidiaries

Editorial Notes

References in Text

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Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata