United States Code

fective only with respect to fiscal years beginning after June 30, 1969.

TRANSFER OF FUNCTIONS

The Atomic Energy Commission was abolished and all functions were transferred to the Administrator of the Energy Research and Development Administration (unless otherwise specifically provided) by section 5814 of Title 42, The Public Health and Welfare. The Energy Research and Development Administration was terminated and functions vested by law in the Administrator thereof were transferred to the Secretary of Energy (unless otherwise specifically provided) by sections 7151(a) and 7293 of Title 42.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 632, 644, 645, 646 of this title; title 10 section 2008.

§ 641. Withholding of payments for noncompliance (a) Noncompliance with project; diversion of funds; failure to carry out assurances in application Whenever the Secretary of Education after reasonable notice and opportunity for hearing to a local educational agency, finds (1) that there is a substantial failure to comply with the drawings and specifications for the project, (2) that any funds paid to a local educational agency under this chapter have been diverted from the purposes for which paid, or (3) that any assurance given in an application is not being or cannot be carried out, the Secretary may forthwith notify such agency that no further payment will be made under this chapter with respect to such agency until there is no longer any failure to comply or the diversion or default has been corrected or, if compliance or correction is impossible, until such agency repays or arranges for the repayment of Federal moneys which have been diverted or improperly expended.

(b) Judicial review of Secretary's action in disapproving applications or withholding payments The final refusal of the Secretary to approve part or all of any application under this chapter, and the Secretary's final action under subsection (a) of this section, shall be subject to judicial review on the record, in the United States court of appeals for the circuit in which the local educational agency is located, in accordance with the provisions of subchapter II of chapter 5, and chapter 7, of title 5.

(Sept. 23, 1950, ch. 995, § 11, as added Aug. 12, 1958, Pub. L. 85-620, title I, § 101, 72 Stat. 554, and amended Apr. 28, 1988, Pub. L. 100-297, title II, § 2032(a)(1), (2), 102 Stat. 301.)

CODIFICATION

"Subchapter II of chapter 5, and chapter 7, of title 5" was substituted for "the Administrative Procedure Act" on authority of Pub. L. 89-554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

PRIOR PROVISIONS

Provisions similar to those comprising subsec. (a) of this section were contained in act Sept. 23, 1950, ch. 995, title III, § 311, as added Aug. 8, 1953, ch. 400, § 1, 67 Stat. 526 (formerly classified to section 301 of this title), and provisions similar to those comprising subsec. (b) of this section were contained in section 207(b) of act Sept. 23, 1950, ch. 995, title II, 64 Stat.

974, as amended Aug. 8, 1954, ch. 400, § 2(b), 67 Stat. 528 (formerly classified to section 277(b) of this title) prior to the complete amendment and renumbering of act Sept. 23, 1950, by Pub. L. 85-620.

AMENDMENTS

1988-Subsec. (a). Pub. L. 100-297, § 2032(a)(1), substituted "Secretary" for "Commissioner" in two places. Subsec. (b). Pub. L. 100-297, § 2032(a)(1), (2), substituted "Secretary" for "Commissioner" and "Secretary's" for "Commissioner's".

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.

§ 642. Administration of chapter

(a) Repealed. Pub. L. 91-230, title IV, § 401(f)(3), Apr. 13, 1970, 84 Stat. 173

(b) Regulations and functions necessary to carry out provisions of chapter

The Secretary of Education 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.

The Secretary shall include in his annual report to the Congress a full report of the administration of his functions under this chapter, including a detailed statement of receipts and disbursements.

(Sept. 23, 1950, ch. 995, § 12, as added Aug. 12, 1958, Pub. L. 85-620, title I, § 101, 72 Stat. 554, and amended Apr. 13, 1970, Pub. L. 91-230, title IV, § 401(f)(3), (g)(4), 84 Stat. 173, 174; Apr. 28, 1988, Pub. L. 100-297, title II, § 2032(a)(1), 102 Stat. 301.)

PRIOR PROVISIONS

Provisions similar to those comprising this section were contained in section 208 of act Sept. 23, 1950, ch. 995, title II, 64 Stat. 975 (formerly classified to section 278 of this title) prior to the complete amendment and renumbering of act Sept. 23, 1950, by Pub. L. 85-620.

AMENDMENTS

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

1970-Subsec. (a). Pub. L. 91-230, § 401(f)(3), repealed subsec. (a) which contained prohibition against Federal control of education (personnel, curriculum, or program of instruction of any school or school system). See section 1232a of this title.

Subsec. (d). Pub. L. 91-230, § 401(g)(4), repealed subsec. (d) which contained labor standards requirement (prevailing wage rates). See section 1232b of this title.

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.

STUDY OF EFFECTIVENESS OF CHAPTER Section 6216 of Pub. L. 100-297 provided that: "(a) GENERAL AUTHORITY.-The Comptroller General shall conduct a thorough study of the need for financial assistance for school construction as authorized by

the Act of September 23, 1950 (Public Law 815, 81st Congress) [20 U.S.C. 631 et seq.). The Comptroller General shall prepare and submit a report on the study required by this section not later than 1 year after the date of enactment of this Act [Apr. 28, 1988] together with such recommendations, including recommendations for such legislation, as the Comptroller deems necessary.

"(b) CONTENTS OF STUDY.-In carrying out the study required by subsection (a) of this section, the Comptroller General shall examine a representative sample of federally impacted school districts of local educational agencies. The Comptroller General shall

"(1) identify the number of children affected in each such school district;

"(2) determine the type of school facility needed for such school district; and

"(3) determine the estimated cost involved for building or repairing the school facility in each such district.

"(c) SPECIAL CONSIDERATION REQUIRED.-In conducting the study required by this section, the Comptroller General shall give special consideration to

"(1) the eligibility criteria used for determining which federally impacted school districts are entitled to Federal funds for school construction,

"(2) the criteria used for setting the priorities for the approval of such applications, and

"(3) the process for reevaluating the needs of previously approved applicants which are on the waiting list for funds covered under Public Law 815, Eighty-first Congress [20 U.S.C. 631 et seq.]."

COMPREHENSIVE STUDY

Commissioner of Education's report of operation of this chapter and recommendations for legislative enactment to be transmitted to Congress on or before June 30, 1965, see note set out under section 242 of this title.

§ 643. Federal departments and agencies under this chapter

(a) Repealed. Pub. L. 91-230, title IV, § 401(c)(3), Apr. 13, 1970, 84 Stat. 173

(b) Information to Secretary

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 give rise to a need for the construction of school facilities, shall to the maximum extent practicable, comply with requests of the Secretary for information he may require in carrying out the purposes of this chapter. (c) Transfer and availability of appropriations

No appropriation to any department or agency of the United States, other than an appropriation to carry out this chapter, shall be available for the same purpose as this chapter; except that nothing in this subsection shall affect the availability of appropriations authorized, prior to September 23, 1950, for the construction of school facilities to be attended by Indian children or appropriations (1) for the construction of school facilities on Federal property under the control of the Atomic Energy Commission, (2) for the construction of school facilities which are to be federally operated for Indian children, or (3) for the construction of school facilities under the Alaska Public Works Act, approved August 24, 1949. (Sept. 23, 1950, ch. 995, § 13, as added Aug. 12, 1958, Pub. L. 85-620, title I, § 101, 72 Stat. 554,

and amended Apr. 13, 1970, Pub. L. 91-230, title IV, § 401(c)(3), 84 Stat. 173; Apr. 28, 1988, Pub. L. 100-297, title II, § 2032(a)(1), 102 Stat. 301.)

REFERENCES IN TEXT

The Alaska Public Works Act, approved August 24, 1949, referred to in subsec. (c), is act Aug. 24, 1949, ch. 504, 63 Stat. 627, as amended, formerly classified to sections 486 to 486j of Title 48, Territories and Insular Possessions. Sections 486 to 486j were omitted from the Code by virtue of section 12 of such Act, formerly classified to section 486j of Title 48, terminating the authority of the Secretary under the Alaska Public Works Act on June 30, 1959.

PRIOR PROVISIONS

Provisions similar to those which comprised subsec. (a) of this section were contained in sections 105(a) and 209(a) of act Sept. 23, 1950, ch. 995, titles I, and II, 64 Stat. 969, 975, as amended Aug. 8, 1953, ch. 400, § 2(c), (m), 67 Stat. 528, 529 (formerly classified to sections 255(a) and 279(a) of this title), and provisions similar to those comprising subsecs. (b) and (c) of this section were contained in section 209(b), (e) of act Sept. 23, 1950, ch. 995, title II, 64 Stat. 975, as amended Aug. 8, 1953, ch. 400, § 2(d), (f), 67 Stat. 528; Aug. 31, 1954, ch. 1149, § 7, 68 Stat. 1005; Aug. 3, 1956, ch. 915, title I, § 101, 70 Stat. 968; Sept. 2, 1957, Pub. L. 85-267, § 1, 71 Stat. 593 (formerly classified to section 279(b), (e) of this title) prior to the complete amendment and renumbering of act Sept. 23, 1950, by Pub. L. 85-620.

AMENDMENTS

1988-Subsec. (b). Pub. L. 100-297 substituted "Secretary" for "Commissioner".

1970-Subsec. (a). Pub. L. 91-230 repealed subsec. (a) which provided for delegation of functions by Commissioner, utilization of services and facilities of other agencies, and payment for services in advance or by way of reimbursement, now superseded by section 1231 of this title, and provisions for exercise of such authority without duplicating existing available staffs and facilities without relieving Commissioner of his responsibility for any delegation of functions. See section 1231 of this title.

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.

TRANSFER OF FUNCTIONS

§ 644. Assistance in other federally-affected areas (a) Eligibility requirements due to impairment in financing abilities created by immunity from taxation of Indian lands

If the Secretary determines with respect to any local educational agency that—

(1) such agency is providing or, upon completion of the school facilities for which provision is made herein, will provide free public education for children who reside on Indian

lands, and whose membership in the schools of such agency has not formed and will not form the basis for payments under other provisions of this chapter, and that the total number of such children represents a substantial percentage of the total number of children for whom such agency provides free public education, or that such Indian lands constitute a substantial part of the school district of such local educational agency, or that the total number of such children who reside on Indian lands located outside the school district of such agency equals or exceeds 100; (2) the immunity of such Indian lands to taxation by such agency has created a substantial and continuing impairment of its ability to finance needed school facilities;

(3) such agency is making a reasonable tax effort and is exercising due diligence in availing itself of State and other financial assistance available for the purpose; and

(4) such agency does not have sufficient funds available to it from other Federal, State, and local sources to provide the minimum school facilities required for free public education of a substantial percentage of the children in the membership of its schools, he may provide the additional assistance necessary to enable such agency to provide such facilities, upon such terms and in such amounts (subject to the provisions of this section) as the Secretary may consider to be in the public interest; but such additional assistance may not exceed the portion of the cost of such facilities which the Secretary estimates has not been, and is not to be, recovered by the local educational agency from other sources, including payments by the United States under any other provisions of this chapter or any other law. Notwithstanding the provisions of this subsection, the Secretary may waive the percentage requirement in paragraph (1) whenever, in his judgment, exceptional circumstances exist which make such action necessary to avoid inequity and avoid defeating the purposes of this section. Assistance may be furnished under this subsection without regard to paragraph (2) (but subject to the other provisions of this subsection and subsection (e) of this section) to any local educational agency which provides free public education for children who reside on Indian lands located outside its school district. For purposes of this subsection "Indian lands" means Indian reservations or other real property referred to in this second sentence of section 645(1) of this title.

(b) Alternative eligibility requirements due to impairment in financing abilities created by immunity from taxation of Indian lands

If the Secretary determines with respect to any local educational agency that

(1) such agency is providing or, upon completion of the school facilities for which provision is made herein, will provide free public education for children who reside on Indian lands, and whose membership in the schools of such agency has not formed and will not form the basis for payments under other provisions of this chapter, and that the total number of such children represents a sub

stantial percentage of the total number of children for whom such agency provides free public education, or that such Indian lands constitute a substantial part of the school district of such local educational agency, or that the total number of such children who reside on Indian lands located outside the school district of such agency equals or exceeds one hundred; and

(2) the immunity of such Indian lands to taxation by such agency has created a substantial and continuing impairment of its ability to finance needed school facilities;

he may, upon such terms and in such amounts (subject to the provisions of this section) as the Secretary may consider to be in the public interest, provide the additional assistance necessary to enable such agency to provide the minimum school facilities required for free public education of children in the membership of the schools of such agency who reside on Indian lands; but such additional assistance may not exceed the portion of the cost of constructing such facilities which the Secretary estimates has not been, and is not to be, recovered by the local educational agency from other sources, including payments by the United States under any other provisions of this chapter or any other law. Notwithstanding the provisions of this subsection, the Secretary may waive the percentage requirement in paragraph (1) whenever, in his judgment, exceptional circumstances exist which make such action necessary to avoid inequity and avoid defeating the purposes of this section. Assistance may be furnished under this subsection without regard to paragraph (2) (but subject to the other provisions of this subsection and subsection (e) of this section to any local educational agency which provides free public education for children who reside on Indian lands located outside its school district. For purposes of this subsection "Indian lands" means Indian reservations or other real property referred to in the second sentence of section 645(1) of this title.

(c) Eligibility requirements due to impairment in financing abilities created by immunity from taxation of Federal property

If the Secretary determines with respect to any local educational agency—

(1) that (A) such agency is providing or, upon completion of the school facilities for which provision is made herein, will provide, free public education for children who are inadequately housed by minimum school facilities and whose membership in the schools of such agency has not formed and will not form the basis for payments under other provisions of this chapter, and (B) the total number of such children represents a substantial percentage of the total number of children for whom such agency provides free public education, and (C) Federal property constitutes a substantial part of the school district of such agency,

'So in original. Probably should be followed by a closing parenthesis.

(2) that the immunity of such Federal property from taxation by such agency has created a substantial and continuing impairment of such agency's ability to finance needed school facilities,

(3) that such agency is making a reasonable tax effort and is exercising due diligence in availing itself of State and other financial assistance for the purpose, and

(4) that such agency does not have sufficient funds available to it from other Federal, State, and local sources to provide the minimum school facilities required for free public education of a substantial percentage of the children in the membership of its schools, he may provide the assistance necessary to enable such agency to provide minimum school facilities for children in the membership of the schools of such agency whom the Secretary finds to be inadequately housed, upon such terms and conditions, and in such amounts (subject to the applicable provisions of this section) as the Secretary may consider to be in the public interest. Such assistance may not exceed the portion of the cost of such facilities which the Secretary estimates has not been, and is not to be, recovered by the local educational agency from other sources, including payments by the United States under any other provisions of this chapter or any other law. Notwithstanding the provisions of this subsection, the Secretary may waive the percentage requirement in paragraph (1) whenever, in his judgment, exceptional circumstances exist which make such action necessary to avoid inequity and avoid defeating the purposes of this subsection.

(d) Authorization of appropriations

There are hereby authorized to be appropriated for each fiscal year such sums as may be necessary to carry out the provisions of this section. There are also authorized to be appropriated such sums as may be necessary for administration of such provisions. Amounts so appropriated, other than amounts appropriated for administration, shall remain available until expended.

(e) Applications; priority of approvals; conditions precedent; consultation with agencies

No payment may be made to any local educational agency under subsection (a) or (b) of this section except upon application therefor which is submitted through the appropriate State educational agency and is filed with the Secretary in accordance with regulations prescribed by him, and which meets the requirements of section 636(b)(1) of this title. In determining the order in which such applications shall be approved, the Secretary shall consider the relative educational and financial needs of the local educational agencies which have submitted approvable applications and the nature and extent of the Federal responsibility. No payment may be made under subsection (a) or (b) of this section unless the Secretary finds, after consultation with the State and local educational agencies, that the project or projects with respect to which it is made are not inconsistent with over-all State plans for the construction of school facilities. All determinations

made by the Secretary under this section shall be made only after consultation with the appropriate State educational agency and the local educational agency.

(f) Payments to local agencies; repayments of unexpended funds

Amounts paid by the Secretary to local educational agencies under subsection (a) or (b) of this section may be paid in advance of, or by way of reimbursement for, work performed or purchases made pursuant to the agreement with the Secretary under this section, and may be paid in such installments as the Secretary may determine. Any funds paid to a local educational agency and not expended or otherwise used for the purposes for which paid shall be repaid to the Treasury of the United States.

(g) Application of sections 631 to 640 of this title

None of the provisions of sections 631 to 640 of this title, both inclusive, other than section 636(b)(1) of this title, shall apply with respect to determinations made under this section. (h) Congressional declaration of policy with respect to school construction assistance for Indian children

It is hereby declared to be the policy of the Congress that the provision of assistance pursuant to subsections (a) and (b) of this section shall be given a priority at least equal to that given to payments made pursuant to section 640 of this title.

(Sept. 23, 1950, ch. 995, § 14, as added Aug. 12, 1958, Pub. L. 85-620, title I, § 101, 72 Stat. 555, amended Oct. 3, 1961, Pub. L. 87-344, title I, § 101(b), 75 Stat. 759; Dec. 18, 1963, Pub. L. 88-210, title III, § 301(b), formerly § 31(b), 77 Stat. 419, renumbered Oct. 16, 1968, Pub. L. 90-576, title I, § 101(a)(1), 82 Stat. 1064, and amended Oct. 16, 1964, Pub. L. 88-665, title XI, § 1101(b), 78 Stat. 1109; Nov. 3, 1966, Pub. L. 89-750, title II, § 225, 80 Stat. 1214; Jan. 2, 1968, Pub. L. 90-247, title II, § 203, 81 Stat. 807; Apr. 13, 1970, Pub. L. 91-230, title II, §§ 205(a), 206, 84 Stat. 158, 159; Apr. 28, 1988, Pub. L. 100-297, title II, §§ 2032(a)(1), 2034, 102 Stat. 301.)

PRIOR PROVISIONS

Provisions similar to those comprising this section were contained in act Sept. 23, 1950, ch. 995, title IV, § 401, as added Aug. 8, 1953, ch. 400, § 1, 67 Stat. 526, and amended Aug. 12, 1955, ch. 868, § 6, 69 Stat. 715; Aug. 3, 1956, ch. 915, title I, § 109, 70 Stat. 969; Sept. 2, 1957, Pub. L. 85-267, § 8, 71 Stat. 594 (formerly classified to section 311 of this title) prior to the complete amendment and renumbering of act Sept. 23, 1950, by Pub. L. 85-620.

1988-Subsecs.

AMENDMENTS

(a) to (c). Pub. L. 100-297, § 2032(a)(1), substituted “Secretary" for "Commissioner" wherever appearing.

Subsec. (d). Pub. L. 100-297, § 2034, added subsec. (d) and struck out former subsec. (d) which read as follows: "There are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out the provisions of this section. There are also authorized to be appropriated such sums as may be necessary for administration of such provisions. Amounts so appropriated, other than amounts appro

priated for administration, shall remain available until expended."

Subsecs. (e), (f). Pub. L. 100-297, § 2032(a)(1), substituted "Secretary" for "Commissioner" wherever appearing.

1970-Subsecs. (a), (b). Pub. L. 91-230, § 205(a), substituted "subsection (e)" for "subsection (d)", wherever appearing.

Subsecs. (c) to (g). Pub. L. 91-230, § 205(a), added subsec. (c) and redesignated former subsecs. (c) to (f) as (d) to (g), respectively.

Subsec. (h). Pub. L. 91-230, § 206, added subsec. (h). 1968-Subsec. (a). Pub. L. 90-247, § 203(a), substituted "Indian lands" for "Federal property" in pars. (1) and (2), "of a substantial percentage of the children in the membership of its schools" for "in its school district" in par. (4), “subsection (d)" for "subsection (c)" in third sentence and "second" for "third" in last sentence, inserted or that such Indian lands constitute a substantial part of the school district of such local educational agency," after "such agency provides free public education" in par. (1), and struck out "is attributable to children who reside on Federal property, and which" after "Commissioner estimates" in that portion of first sentence which follows par. (4) and "in the case of any application for additional assistance on account of children who reside on Indian lands" after "paragraph (1)" in second sentence.

Subsecs. (b), (c). Pub. L. 90-247, § 203(b), added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.

Subsec. (d). Pub. L. 90-247, § 203(b), (c), redesignated former subsec. (c) as (d) and, in subsec. (d) as so redesignated, inserted references to subsection (b). Former subsec. (d) redesignated (e).

Subsecs. (e), (f). Pub. L. 90-247, § 203(b), (d), redesignated former subsec. (d) as (e), in subsec. (e) as so redesignated, inserted reference to subsection (b), and redesignated former subsec. (e) as (f).

1966-Subsec. (b). Pub. L. 89-750 struck out provisions which limited authorization to appropriations for fiscal years ending prior to July 1, 1966, and to sums not exceeding $60,000,000 in the aggregate, and struck out provisions prohibiting making agreements to extend assistance under this section after June 30, 1966.

1964-Subsec. (b). Pub. L. 88-665 substituted "1966" for "1965" wherever appearing.

1963-Subsec. (b). Pub. L. 88-210 substituted "1965" for "1963" wherever appearing.

1961-Subsec. (b). Pub. L. 87-344 substituted "1963" for "1961" wherever appearing, and increased aggregate amount of appropriation from $40,000,000 to $60,000,000.

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 1968 AMENDMENT Amendment by Pub. L. 90-247 effective for fiscal years beginning after June 30, 1967, see section 208 of Pub. L. 90-247, set out as a note under section 237 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.

EFFECTIVE DATE OF 1963 AMENDMENT Amendment by Pub. L. 88-210 effective July 1, 1963, see section 303 of Pub. L. 88-210, set out as a note under section 237 of this title.

EFFECTIVE DATE of 1961 AMENDMENT

Amendment by Pub. L. 87-344 effective for the period beginning July 1, 1961, see section 103 of Pub. L. 87-344, set out as a note under section 633 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 25 section 458.

§ 645. 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. Except for the purposes of section 640 of this title, such term includes (A) 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) 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.], and (C) 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. 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 (A) any real property used for a labor supply center, labor home, or labor camp for migratory farm workers and, (B) any real property under the jurisdiction of the United States Postal Service and used primarily for the provision of postal services.

(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 membership of schools shall be determined in accordance with State law or, in the absence of State law governing such a determination, in accordance with regulations of the Secretary; except that, 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 an

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