PART D-GENERAL PROVISIONS

July 1, 1973.", was repealed by Pub. L. 91-230, § 113(b)(6).

§§ 241d-1, 241d-2. Repealed. Pub. L. 95-561, title I, § 101(c), Nov. 1, 1978, 92 Stat. 2200

Section 241d-1, act Sept. 30, 1950, ch. 1124, title II, § 127, formerly § 122, as added Apr. 13, 1970, Pub. L. 91-230, title I, § 113(b)(6), 84 Stat. 126, renumbered Aug. 21, 1974, Pub. L. 93-380, title I, § 101(a)(3), 88 Stat. 495, and amended Oct. 12, 1976, Pub. L. 94-482, title V, § 501(a)(1), 90 Stat. 2235, related to application made for special incentive grants by States. See section 2802 of this title.

Provisions (for application and information therein) similar to those comprising part of this section were contained in act Sept. 30, 1950, ch. 1124, title I, § 121(b), formerly title II, § 221(b), as added and renumbered Jan. 2, 1968, Pub. L. 90-247, title I, §§ 108(a)(5), 110, 81 Stat. 786, 787 (formerly classified to former section 241h-1(b) of this title), prior to repeal thereof by Pub. L. 91-230, § 113(b)(6).

Section 241d-2, act Sept. 30, 1950, ch. 1124, title II, § 128, formerly § 123, as added Apr. 13, 1970, Pub. L. 91-230, title I, § 113(b)(6), 84 Stat. 127, renumbered Aug. 21, 1974, Pub. L. 93-380, title I, § 101(a)(3), 88 Stat. 495, and amended Oct. 12, 1976, Pub. L. 94-482, title V, 501(a)(1), 90 Stat. 2235, defined "effort index".

Provisions (defining "State effort index" and "national effort index") similar to those comprising this section were contained in act Sept. 30, 1950, ch. 1124, title I, § 121(c), formerly title II, § 221(c), as added and renumbered Jan. 2, 1968, Pub. L. 90-247, title I, §§ 108(a)(5), 110, 81 Stat. 786, 787 (formerly classified to former section 241h-1(c) of this title), prior to repeal thereof by Pub. L. 91-230, § 113(b)(6).

EFFECTIVE DATE OF REPEAL

Sections repealed effective Oct. 1, 1978, see section 1530(a) of Pub. L. 95-561, set out as an Effective Date note under section 1221-3 of this title.

PART C-SPECIAL GRANTS

§ 241d-11. Repealed. Pub. L. 95-561, title I, § 101(c), Nov. 1, 1978, 92 Stat. 2200

Section, act Sept. 30, 1950, ch. 1124, title II, § 131, as added Aug. 21, 1974, Pub. L. 93-380, title I, § 101(a)(4)(A), 88 Stat. 495, related to eligibility for and maximum amount of special grants. See section 2722 of this title.

A prior section 241d-11, act Sept. 30, 1950, ch. 1124, title II, § 131, as added Apr. 13, 1970, Pub. L. 91-230, title I, § 113(b)(6), 84 Stat. 127, which also related to eligibility and maximum amount of special grants for urban and rural schools serving areas with the highest concentrations of children from low-income families, was repealed by Pub. L. 93-380, title I, § 101(a)(4)(B), Aug. 21, 1974, 88 Stat. 496, effective July 1, 1975.

§ 241e. Repealed. Pub. L. 95-561, title I, § 101(c), Nov. 1, 1978, 92 Stat. 2200

Section 241e, act Sept. 30, 1950, ch. 1124, title II, § 141, formerly § 205, as added Apr. 11, 1965, Pub. L. 89-10, title I, § 2, 79 Stat. 30, amended Nov. 3, 1966, Pub. L. 89-750, title I, §§ 103(b), 108(b)(1), (2), 110, 111(a)-(e), 80 Stat. 1192, 1195, 1196, renumbered title I, § 105 and amended Jan. 2, 1968, Pub. L. 90-247, title I, §§ 103(b), 106, 108(a)(2), 109, 110, 81 Stat. 783, 784, 786, 787, renumbered § 141 and amended Apr. 13, 1970, Pub. L. 91-230, title I, §§ 108, 109(a), 110, 111(b), 113(b)(3), (4), (7), 84 Stat. 124-126, 128; June 23, 1972, Pub. L. 92-318, title V, § 507(a), (b), 86 Stat. 352; Aug. 21, 1974, Pub. L. 93-380, title I, § 101(a)(5), (9)(A), (B), 88 Stat. 496, 500; Oct. 12, 1976, Pub. L. 94-482, title V, § 501(b)(1)(C), (D), 90 Stat. 2236, related to applications for grants by local agencies. See section 2731 of this title.

EFFECTIVE DATE OF REPEAL

Section repealed effective Oct. 1, 1978, see section 1530(a) of Pub. L. 95-561, set out as an Effective Date note under section 1221-3 of this title.

WORKERS;

CHILDREN OF MIGRATORY AGRICULTURAL
STUDY ON EDUCATIONAL EFFECTS OF SUBCHAPTER II;
REPORT

Section 507(c) of Pub. L. 92-318 directed the Commissioner to study the effect of the operation of title I of the Elementary and Secondary Education Act of 1965 [this subchapter] on the education of children of migratory agricultural workers, to evaluate programs assisted under title I for such children, to assess the effectiveness of such programs, to review the administration by the States of such programs, and to submit no later than Dec. 31, 1973, a report on the study with recommendations for improvements.

§§ 241e-1 to 241h. Repealed. Pub. L. 95-561, title I, § 101(c), Nov. 1, 1978, 92 Stat. 2200

Section 241e-1, act Sept. 30, 1950, ch. 1124, title II, § 141A, as added Aug. 21, 1974, Pub. L. 93-380, title I, § 101(a)(6), 88 Stat. 497, related to participation of children enrolled in private schools. See section 2740 of this title.

Section 241f, act Sept. 30, 1950, ch. 1124, title II, § 142, formerly § 206, as added Apr. 11, 1965, Pub. L. 89-10, title I, § 2, 79 Stat. 31, amended Nov. 1, 1965, Pub. L. 89-313, § 6(b), 79 Stat. 1162; Nov. 3, 1966, Pub. L. 89-750, title I, § 103(c)(1), 80 Stat. 1193, renumbered § 106, and amended Jan. 2, 1968, Pub. L. 90-247, title I, §§ 103(c), 108(a)(2), 110, 81 Stat. 783, 786, 787, and renumbered § 142 and amended Apr. 13, 1970, Pub. L. 91-230, title I, §§ 111(a), 113(b)(3), (4), 84 Stat. 125, 126; Aug. 21, 1974, Pub. L. 93-380, title I, § 101(a)(9)(D), (E), 88 Stat. 500, related to assurances required from States desiring to participate. See section 2734 of this title.

Section 241g, act Sept. 30, 1950, ch. 1124, title II, § 143, formerly § 207, as added Apr. 11, 1965, Pub. L. 89-10, title I, § 2, 79 Stat. 32, amended Nov. 1, 1965, Pub. L. 89-313, § 7(a), 79 Stat. 1162; Nov. 3, 1966, Pub. L. 89-750, title I, §§ 103(c)(2), 108(b)(3), 112, 113(a), 80 Stat. 1193, 1195, 1197, renumbered § 107 and amended Jan. 2, 1968, Pub. L. 90-247, title I, §§ 102, 103(c), 108(a)(2), 110, 81 Stat. 783, 786, 787 and renumbered § 143 and amended Apr. 13, 1970, Pub. L. 91-230, title I, §§ 113(b)(3), (4), (8), 114, 84 Stat. 126, 129, 130; Aug. 21, 1974, Pub. L. 93-380, title I, § 101(a)(9)(C), (F), (G), title VIII, § 843(a)(1), 88 Stat. 500, 611; Oct. 12, 1976, Pub. L. 94-482, title III, § 323(a)(1), 90 Stat. 2217, related to payment of funds. See section 2841 of this title.

Section 241h, act Sept. 30, 1950, ch. 1124, title II, § 144, formerly § 208, as added Apr. 11, 1965, Pub. L.

89-10, title I, § 2, 79 Stat. 33, amended Nov. 3, 1966, Pub. L. 89-750, title I, § 114, 80 Stat. 1197, renumbered § 108 and amended Jan. 2, 1968, Pub. L. 90-247, title I, §§ 107(b), 110, 81 Stat. 785, 787, renumbered § 144 and amended Apr. 13, 1970, Pub. L. 91-230, title I, § 113(b)(3), (4), (c), (d), 84 Stat. 126, 129; Aug. 21, 1974, Pub. L. 93-380, title I, § 101(a)(7), (9)(H), 88 Stat. 498, 500, related to adjustments necessitated by appropriations. See section 2843 of this title.

EFFECTIVE DATE OF REPEAL

Sections repealed effective Oct. 1, 1978, see section 1530(a) of Pub. L. 95-561, set out as an Effective Date note under section 1221-3 of this title.

§§ 241h-1, 241i. Repealed. Pub. L. 91-230, title I, § 113(b)(6), title IV, § 401(g)(1), Apr. 13, 1970, 84 Stat. 126, 174

Section 241h-1, act Sept. 30, 1950, ch. 1124, title II, § 121, formerly § 221, as added and renumbered Jan. 2, 1968, Pub. L. 90-247, §§ 108(a)(5), 110, 81 Stat. 786, 787, and amended Apr. 13, 1970, Pub. L. 91-230, title I, § 101(c), 84 Stat. 121, related to special incentive grants and provided in: subsec. (a) for amount and distribution of such grants; subsec. (b) for application for grant and disapproval only after notice and opportunity for hearing; subsec. (c) definitions of "State effort index" and "national effort index"; and subsec. (d) authorization of appropriations of $50,000,000 for fiscal year ending June 30, 1969, and for each of the succeeding fiscal years ending prior to July 1, 1973.

Section 241i, act Sept. 30, 1950, ch. 1124, title II, § 145, formerly § 209, as added Apr. 11, 1965, Pub. L. 89-10, title I, § 2, 79 Stat. 33, renumbered § 231 and further renumbered § 131, Jan. 2, 1968, Pub. L. 90-247, title I, §§ 108(a)(4), 110, 81 Stat. 786, 787, and renumbered § 145, Apr. 13, 1970, Pub. L. 91-230, title I, § 113(b)(4), 84 Stat. 126, related to labor standards requirements (prevailing wage rates). See section 1232b of this title.

§§ 241j to 2410. Repealed. Pub. L. 95-561, title I, § 101(c), Nov. 1, 1978, 92 Stat. 2200

Section 241j, act Sept. 30, 1950, ch. 1124, title II, § 146, formerly § 210, as added Apr. 11, 1965, Pub. L. 89-10, title I, § 2, 79 Stat. 33, amended Nov. 3, 1966, Pub. L. 89-750, title I, § 103(c)(3), 80 Stat. 1193, renumbered § 232, amended and further renumbered § 132, Jan. 2, 1968, Pub. L. 90-247, title I, §§ 108(a)(4), (b), 110, 81 Stat. 786, 787, and renumbered § 146, and amended Apr. 13, 1970, Pub. L. 91-230, title I, § 113(b)(4), (9), 84 Stat. 126, 129; Aug. 21, 1974, Pub. L. 93-380, title I, § 101(a)(9)(I), 88 Stat. 501, related to withholding of funds for noncompliance with assurances. See section 2836 of this title.

Section 241k, act Sept. 30, 1950, ch. 1124, title II, § 147, formerly § 211, as added Apr. 11, 1965, Pub. L. 89-10, title I, § 2, 79 Stat. 33, amended Nov. 3, 1966, Pub. L. 89-750, title I, § 103(c)(4), 80 Stat. 1193, renumbered § 233, amended and further renumbered § 133, Jan. 2, 1968, Pub. L. 90-247, title I, §§ 108(a)(4), (b), 110, 81 Stat. 786, 787, renumbered § 147, and amended Apr. 13, 1970, Pub. L. 91-230, title I, § 113(b)(4), (10), 84 Stat. 126, 129; Aug. 21, 1974, Pub. L. 93-380, title I, § 101(a)(9)(J), 88 Stat. 501, related to judicial review. See section 2851 of this title.

Section 2411, act Sept. 30, 1950, ch. 1124, title II, § 148, formerly § 212, as added Apr. 11, 1965, Pub. L. 89-10, title I, § 2, 79 Stat. 34, amended Nov. 3, 1966, Pub. L. 89-750, title I, § 115, 80 Stat. 1197, renumbered § 234, amended and further renumbered § 134, Jan. 2, 1968, Pub. L. 90-247, title I, §§ 108(a)(4), 110, 114, 81 Stat. 786-788, and renumbered § 148, and amended Apr. 13, 1970, Pub. L. 91-230, title I, §§ 112, 113(b)(4), 84 Stat. 125, 126; Aug. 21, 1974, Pub. L. 93-380, title VIII, § 845(a), 88 Stat. 612; Apr. 21, 1976, Pub. L. 94-273, § 3(8), 90 Stat. 376; Sept. 24, 1977, Pub. L. 95-112, § 2(a)(3), 91 Stat. 911, created National Adviso

ry Council on the Education of Disadvantaged Children. See section 2852 of this title.

Section 241m, act Sept. 30, 1950, ch. 1124, title II, § 149, formerly § 213, as added Nov. 3, 1966, Pub. L. 89-750, title I, § 109, 80 Stat. 1195, renumbered § 235, and further renumbered § 135, Jan. 2, 1968, Pub. L. 90-247, title I, §§ 108(a)(4), 110, 81 Stat. 786, 787, and renumbered § 149, Apr. 13, 1970, Pub. L. 91-230, title I, § 113(b)(4), 84 Stat. 126, related to treatment of earnings for purposes of aid to families with dependent children. See section 2712 of this title.

Section 241n, act Sept. 30, 1950, ch. 1124, title II, § 150, as added Aug. 21, 1974, Pub. L. 93-380, title I, § 101(a)(8), 88 Stat. 499, related to allocation of funds within school districts of local educational agencies. See section 2736 of this title.

Section 2410, act Sept. 30, 1950, ch. 1124, title II, § 151, as added Aug. 21, 1974, Pub. L. 93-380, title I, § 101(a)(8), 88 Stat. 499, and amended Apr. 21, 1976, Pub. L. 94-273, § 3(8), 90 Stat. 376; Oct. 12, 1976, Pub. L. 94-482, title V, § 501(b)(1)(E), (p), 90 Stat. 2236, 2238, related to system of program evaluation. See section 2833 of this title.

EFFECTIVE DATE OF REPEAL

Sections repealed effective Oct. 1, 1978, see section 1530(a) of Pub. L. 95-561, set out as an Effective Date note under section 1221-3 of this title.

SUBCHAPTER III-FINANCIAL ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES FOR EDUCATION OF INDIAN CHILDREN

§§ 241aa, 241bb. Repealed. Pub. L. 100-297, title V, § 5352(1), Apr. 28, 1988, 102 Stat. 414

Section 241aa, act Sept. 30, 1950, ch. 1124, title III, § 302, as added June 23, 1972, Pub. L. 92-318, title IV, § 411(a), 86 Stat. 335, and amended Nov. 1, 1978, Pub. L. 95-561, title XI, § 1142(a), 92 Stat. 2329; Oct. 19, 1984, Pub. L. 98-511, title V, § 513(a)(8), 98 Stat. 2400, related to Congressional declaration of policy.

Section 241bb, act Sept. 30, 1950, ch. 1124, title III, § 303, as added June 23, 1972, Pub. L. 92-318, title IV, § 411(a), 86 Stat. 335, and amended Aug. 21, 1974, Pub. L. 93-380, title VI, §§ 631(b), 632(b), 88 Stat. 585, 586; Apr. 21, 1976, Pub. L. 94-273, § 3(5), 90 Stat. 376; Nov. 1, 1978, Pub. L. 95-561, title XI, §§ 1141(b), 1143, 92 Stat. 2328, 2329; Oct. 19, 1984, Pub. L. 98-511, title V, § 513(a)(1)-(3), (8), 98 Stat. 2399, 2400, related to grants to local educational agencies.

EFFECTIVE DATE OF REPEAL

Sections repealed effective July 1, 1988, see section 6303 of Pub. L. 100-297, set out as an Effective Date note under section 2701 of this title.

SHORT TITLE

Section 401 of title IV of Pub. L. 92-318 provided that: "This title [enacting this subchapter and sections 1119a, 1211a, 1221f to 1221h, and 3385 to 3385b of this title, amending sections 240(a), 241c(a)(1), 822(a)(1), 842(a)(1), 880b-3a(a), 1091b(a), and 1412(a)(1)(B) of this title, and enacting provisions set out as notes under sections 241a, 241c, and 1411 of this title] may be cited as the 'Indian Education Act'."

Section 301 of title III of act Sept. 30, 1950, ch. 1124, as added June 23, 1972, Pub. L. 92-318, title IV, § 411(a), 86 Stat. 334, which provided that this subchapter could be cited as the "Indian Elementary and Secondary School Assistance Act", was repealed by Pub. L. 100-297, title V, § 5352(1), Apr. 28, 1988, 102 Stat. 414.

AWARD OF AMOUNTS APPROPRIATED BY PUB. L. 100-202

Amounts appropriated by Pub. L. 100-202 to be awarded for programs under the Indian Education Act

in accordance with provisions of law as such provisions were in effect on the day before the enactment of Pub. L. 100-297 [Apr. 28, 1988], see section 6303(b)(5)(C) of Pub. L. 100-297, set out as a note under section 2701 of this title.

PROGRAM MONITORING

Pub. L. 95-561, title XI, § 1149, Nov. 1, 1978, 92 Stat. 2331, which provided for the annual audit of not less than one-third of the total number of schools receiving funds under this subchapter, and set forth sanctions for falsification of information, was repealed by Pub. L. 100-297, title V, § 5116(1), Apr. 28, 1988, 102 Stat. 381.

INDIAN EDUCATION ACT REFERRED TO IN OTHER SECTIONS The Indian Education Act is referred to in sections 1203a, 3231 of this title; title 25 sections 2009, 2432.

§ 241bb-1. Repealed. Pub. L. 100-297, title V, § 5116(1), Apr. 28, 1988, 102 Stat. 381

Section, Pub. L. 95-561, title XI, § 1146, Nov. 1, 1978, 92 Stat. 2330, deemed certain tribal schools to be local educational agencies for purposes of section 241bb(a) of this title.

§§ 241cc to 241ff. Repealed. Pub. L. 100-297, title V, § 5352(1), Apr. 28, 1988, 102 Stat. 414

Section 241cc, act Sept. 30, 1950, ch. 1124, title III, § 304, as added June 23, 1972, Pub. L. 92-318, title IV, § 411(a), 86 Stat. 335, and amended Nov. 1, 1978, Pub. L. 95-561, title XI, § 1142(b), 92 Stat. 2329; Oct. 19, 1984, Pub. L. 98-511, title V, § 513(a)(8), 98 Stat. 2400; Oct. 27, 1986, Pub. L. 99-570, title IV, § 4133(b)(1), 100 Stat. 3207-133, set forth uses of Federal funds.

Section 241dd, act Sept. 30, 1950, ch. 1124, title III, § 305, as added June 23, 1972, Pub. L. 92-318, title IV, § 411(a), 86 Stat. 336, and amended Nov. 1, 1978, Pub. L. 95-561, title XI, § 1144, 92 Stat. 2329; Oct. 19, 1984, Pub. L. 98-511, title V, § 513(a)(4), (8), 98 Stat. 2399, 2400, related to conditions for approval of grants.

Section 241ee, act Sept. 30, 1950, ch. 1124, title III, § 306, as added June 23, 1972, Pub. L. 92-318, title IV, § 411(a), 86 Stat. 337, and amended Nov. 1, 1978, Pub. L. 95-561, title XI, § 1150(f), 92 Stat. 2333; Aug. 22, 1984, Pub. L. 98-396, title I, § 101, 98 Stat. 1390; Oct. 19, 1984, Pub. L. 98-511, title V, § 513(a)(8), 98 Stat. 2400, related to payments to local educational agencies.

Section 241ff, act Sept. 30, 1950, ch. 1124, title III, § 307, as added June 23, 1972, Pub. L. 92-318, title IV, § 411(a), 86 Stat. 337, and amended Nov. 1, 1978, Pub. L. 95-561, title XI, § 1145, 92 Stat. 2330; Oct. 19, 1984, Pub. L. 98-511, title V, § 513(a)(5), 98 Stat. 2399, related to authorization of appropriations and adjustments.

EFFECTIVE DATE OF REPEAL

Sections repealed effective July 1, 1988, see section 6303 of Pub. L. 100-297, set out as an Effective Date note under section 2701 of this title.

SUBCHAPTER IV-GENERAL

§ 242. Supervision over schools

(a) Repealed. Pub. L. 91-230, title IV, § 401(f)(1), Apr. 13, 1970, 84 Stat. 173

(b) Rules and regulations

The Secretary shall administer this chapter, and he may make such regulations and perform such other functions as he finds necessary to carry out the provisions of this chapter.

(c) Report to Congress

The Secretary shall include in his annual report to the Congress a full report of the ad

ministration of his functions under this chapter, including a detailed statement of receipts and disbursements.

(Sept. 30, 1950, ch. 1124, title IV, § 401, formerly § 7, 64 Stat. 1107, renumbered title III, § 301, Apr. 11, 1965, Pub. L. 89-10, title I, § 3(c)(1), 79 Stat. 35; amended Nov. 3, 1966, Pub. L. 89-750, title II, § 205, 80 Stat. 1212; Apr. 13, 1970, Pub. L. 91-230, title IV, § 401(f)(1), 84 Stat. 173, and renumbered title IV, § 401, June 23, 1972, Pub. L. 92-318, title IV, § 411(a), 86 Stat. 334; Apr. 28, 1988, Pub. L. 100-297, title II, § 2011(a)(1), 102 Stat. 294.)

AMENDMENTS

1988-Subsecs. (b), (c). Pub. L. 100-297 substituted "Secretary" for "Commissioner".

1970-Subsec. (a). Pub. L. 91-230 repealed prohibition against Federal control of education (personnel, curriculum, program of instruction, or assignment or transportation of students or teachers in order to overcome racial imbalance). See section 1232a of this title.

1966-Subsec. (a). Pub. L. 89-750 inserted provisions prohibiting the requiring of assignment or transportation of students or teachers in order to overcome racial imbalance.

EFFECTIVE DATE OF 1988 AmendmenT

For effective date and applicability of amendment by Pub. L. 100-297, see section 6303 of Pub. L. 100-297, set out as an Effective Date note under section 2701 of this title.

EFFECTIVE DATE of 1966 AMENDMENT Amendment by Pub. L. 89-750 effective for fiscal years beginning after June 30, 1966, see section 241 of Pub. L. 89-750, set out as a note under section 238 of this title.

COMPREHENSIVE STUDY

Pub. L. 88-665, title XI, § 1103, Oct. 16, 1964, 78 Stat. 1109, directed the Commissioner of Education to submit to the Secretary of Health, Education, and Welfare for transmission to the Congress on or before June 30, 1965, a full report of the operation of Public Laws 815 and 874 [chapter 19 of this title and this chapter], as extended by Pub. L. 88-665 [amending sections 237 to 239, 633, 644, and 645 of this title].

§ 243. Utilization of services and facilities of other Federal agencies

(a) Agreements with agencies; delegation of functions In carrying out his functions under this chapter, the Secretary is authorized, pursuant to proper agreement with any other Federal department or agency, to utilize the services and facilities of such department or agency, and, when he deems it necessary or appropriate, to delegate to any officer or employee thereof the function under section 241 of this title of making arrangements for providing free public education. Payment to cover the cost of such utilization or of carrying out such delegated function shall be made either in advance or by way of reimbursement, as may be provided in such agreement.

(b) Duty of Federal agencies

All Federal departments or agencies administering Federal property on which children reside, and all such departments or agencies

principally responsible for Federal activities which may occasion assistance under subchapter I of this chapter, shall to the maximum extent practicable comply with requests of the Secretary for information he may require in carrying out the purposes of subchapter I of this chapter.

(Sept. 30, 1950, ch. 1124, title IV, § 402, formerly § 8, 64 Stat. 1108; Aug. 8, 1953, ch. 402, § 9, 67 Stat. 536; Aug. 4, 1955, ch. 543, ch. 11, § 202, 69 Stat. 485; Aug. 12, 1955, ch. 868, § 1, 69 Stat. 713; Aug. 3, 1956, ch. 915, title II, § 210, 70 Stat. 972; Aug. 12, 1958, Pub. L. 85-620, title II, § 204, 72 Stat. 560; renumbered title III, § 302, and amended Apr. 11, 1965, Pub. L. 89-10, title I, § 3(c), 79 Stat. 35; Apr. 13, 1970, Pub. L. 91-230, title IV, § 401(c)(1), 84 Stat. 173; renumbered title IV, § 402, June 23, 1972, Pub. L. 92-318, title IV, § 411(a), 86 Stat. 334; Aug. 13, 1981, Pub. L. 97-35, title V, § 505(c)(1), 95 Stat. 442; Apr. 28, 1988, Pub. L. 100-297, title II, § 2011(a)(1), 102 Stat. 294.)

CODIFICATION

Subsec. (c) authorized the Director of the Bureau of the Budget [Director of the Office of Management and Budget] to transfer appropriations of other departments or agencies for the fiscal year ending June 30, 1951, which were available for the same purposes as subchapter I of this chapter, to the Commissioner for his use in carrying out such purposes, except as to contracts made prior to Sept. 30, 1950.

Subsec. (d), which provided for restriction on the use of appropriated funds, was omitted in view of section 505(c)(1) of Pub. L. 97-35, which provided that subsec. (d) of this section "shall not apply during fiscal year 1982, or any succeeding fiscal year".

AMENDMENTS

1988-Subsecs. (a), (b). Pub. L. 100-297 substituted "Secretary" for "Commissioner".

1970-Subsec. (a). Pub. L. 91-230 repealed provisions of third sentence for delegation of functions by Commissioner. See section 1231(a) of this title.

1965-Subsecs. (b), (c). Pub. L. 89-10, § 3(c)(2), substituted "title I" for "this Act" which, for purposes of codification, was changed to "subchapter I of this chapter".

1958-Subsec. (d). Pub. L. 85-620 struck out "during the period beginning July 1, 1953, and ending June 30, 1958" after "shall be available", and inserted provisions relating to availability of appropriations under sections 452 to 455 of title 25.

1956-Subsec. (d). Act Aug. 3, 1956, substituted "1958" for "1957".

1955-Subsec. (d). Act Aug. 4, 1955, excluded appropriations for the making of payments directed to be made by section 2391 of title 42.

Act Aug. 12, 1955, substituted "1957" for "1956". 1953-Subsec. (a). Act Aug. 8, 1953, § 9(a), authorized Commissioner to delegate all his functions under this chapter, except the making of regulations.

Subsec. (d). Act Aug. 8, 1953, § 9(b), extended its duration for two years until June 30, 1956, limited restriction on appropriations to use of funds for employment of teaching personnel and excluded funds handled by the Bureau of Indian Affairs.

EFFECTIVE DATE OF 1988 AmendmenT

For effective date and applicability of amendment by Pub. L. 100-297, see section 6303 of Pub. L. 100-297, set out as an Effective Date note under section 2701 of this title.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-620 effective for the period beginning July 1, 1958, see note set out under section 237 of this title.

EFFECTIVE DATE OF 1956 AMENDMENT Amendment by act Aug. 3, 1956, effective July 1, 1956, see note set out under section 237 of this title. EFFECTIVE DATE OF 1953 AMENDMENT

Section 9 of act Aug. 8, 1953, provided in part that the amendments made by such section 9 [amending subsecs. (a) and (d) of this section] shall become effective July 1, 1953.

CROSS REFERENCES

Bureau of Indian Affairs, see section 1 et seq. of Title 25, Indians.

§ 244. Definitions

For the purposes of this chapter

(1) The term "Federal property" means real property which is owned by the United States or is leased by the United States, and which is not subject to taxation by any State or any political subdivision of a State or by the District of Columbia. Such term includes (A) except for purposes of section 241 of this title, real property held in trust by the United States for individual Indians or Indian tribes, and real property held by individual Indians or Indian tribes which is subject to restrictions on alienation imposed by the United States, (B) for one year beyond the end of the fiscal year in which occurred the sale or transfer thereof by the United States, any property considered prior to such sale or transfer to be Federal property for the purposes of this chapter, (C) any low-rent housing (whether or not owned by the United States) which is part of a low-rent housing project assisted under the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.), section 516 of the Housing Act of 1949 [42 U.S.C. 1486], or part B of title III of the Economic Opportunity Act of 1964 [42 U.S.C. 2861 et seq.], (D) any school which is providing flight training to members of the Air Force under contractual arrangements with the Department of the Air Force at an airport which is owned by a State or a political subdivision of a State and (E) any property owned by a foreign government or by an international organization which by reason of such ownership is not subject to taxation by the State in which it is located or a subdivision thereof. Such term also includes any interest in Federal property (as defined in the foregoing provisions of this paragraph) under an easement, lease, license, permit, or other arrangement, as well as any improvements of any nature (other than pipelines or utility lines) on such property even though such interests or improvements are subject to taxation by a State or political subdivision of a State or by the District of Columbia. Notwithstanding the foregoing provisions of this paragraph, such term does not include any real property under the jurisdiction of the United States Postal Service and used primarily for the provision of postal services. Real

property which qualifies as Federal property under clause (A) of this paragraph shall not lose such qualification because it is used for a low-rent housing project.

(2) The term "child" means any child who is within the age limits for which the applicable State provides free public education.

(3) The term "parent" includes a legal guardian or other person standing in loco parentis.

(4) The term "free public education" means education which is provided at public expense, under public supervision and direction, and without tuition charge, and which is provided as elementary or secondary school education in the applicable State.

(5) 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 not including expenditures for community services, capital outlay, and debt service, or any expenditures made from funds granted under chapter 1 or 2 of title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 2701 et seq., 2911 et seq.).

(6) For purposes of subchapter I of this chapter, the term "local educational agency" 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, or other school district located within a State. Such term includes any State agency which directly operates and maintains facilities for providing free public elementary and secondary education through grade 12.

(7) The term "State educational agency" means the officer or agency primarily responsible for the State supervision of public elementary and secondary schools.

(8) The term "State" means a State, Puerto Rico, Wake Island, Guam, the District of Columbia, American Samoa, the Northern Mariana Islands, or the Virgin Islands.

(9) The term "Secretary" means the Secretary of Education.

(10) Average daily attendance shall be determined in accordance with State law, except that (A) the average daily attendance of children with respect to whom payment is to be made under section 238 or 239 of this title shall be determined in accordance with regulations of the Secretary, and (B) notwithstanding any other provision of this chapter, where the local educational agency of the school district in which any child resides makes or contracts to make a tuition payment for the free public education of such child in a school situated in another school district, for purposes of this chapter the attendance of such child at such school shall be held and considered (i) to be attendance at a school of the local educational agency so making or contracting to make such tuition payment, and (ii) not to be attendance at a school of the local educational agency receiving such

tuition payment or entitled to receive such payment under the contract. A child shall, for the purposes of section 238 of this title, be deemed to be in attendance at a school of a local educational agency if such child is determined to be federally connected under clause (1) or (2) of section 238(a) of this title or under clause (1), (2), or (3) of section 238(b) of this title for any fiscal year and if such child is attending a school other than a school of such agency because such child is handicapped (as defined in section 1401(1) of this title) and if such agency makes a tuition payment on behalf of such child to such school for such fiscal year. Regulations promulgated by the Secretary in accordance with clause (A) of this paragraph shall permit the conversion of average daily membership to average daily attendance for local educational agencies in States which reimburse local educational agencies based upon average daily membership and which do not require local educational agencies to keep records based on average daily attendance.

(11) The term "county" means those divisions of a State utilized by the Secretary of Commerce in compiling and reporting data regarding counties.

(12) The term "construction" includes the preparation of drawings and specifications for school facilities; erecting, building, acquiring, altering, remodeling, improving, or extending school facilities; and the inspection and supervision of the construction of school facilities.

(13) The term "school facilities" means classrooms and related facilities (including initial equipment) for free public education and interests in land (including site, grading, and improvements) on which such facilities are constructed, except that such term does not include those gymnasiums and similar facilities intended primarily for exhibitions for which admission is to be charged to the general public.

(14) The term "equipment" includes machinery, utilities, and built-in equipment and any necessary enclosures or structures to house them, and includes all other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including items such as instructional equipment and necessary furniture, printed, published, and audio-visual instructional materials, and books, periodicals, documents, and other related materials. (Sept. 30, 1950, ch. 1124, title IV, § 403, formerly § 9, 64 Stat. 1108; Aug. 8, 1953, ch. 402, § 10, 67 Stat. 536; Aug. 1, 1956, ch. 852, § 10, 70 Stat. 909; Aug. 3, 1956, ch. 915, title II, § 211, 70 Stat. 972; Aug. 12, 1958, Pub. L. 85-620, title II, § 205, 72 Stat. 560; June 25, 1959, Pub. L. 86-70, § 18(d)(4), 73 Stat. 145; July 12, 1960, Pub. L. 86-624, § 14(d)(4), 74 Stat. 414; Oct. 16, 1964, Pub. L. 88-665, title XI, § 1102(b), 78 Stat. 1109, renumbered title III, § 303, and amended Apr. 11, 1965, Pub. L. 89-10, title I, §§ 3(c)(1), 4(a)-(c), (d)(1), (e), 79 Stat. 35; Nov. 1, 1965, Pub. L. 89-313, § 6(c), 79 Stat. 1162; Nov. 3, 1966, Pub. L. 89-750, title I, § 117(a)(1), (b), title