# § 1003. Additional definitions
In this chapter:
**(1)** **Authorizing committees** The term “authorizing committees” means the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives.
**(2)** **Combination of institutions of higher education** The term “combination of institutions of higher education” means a group of institutions of higher education that have entered into a cooperative arrangement for the purpose of carrying out a common objective, or a public or private nonprofit agency, organization, or institution designated or created by a group of institutions of higher education for the purpose of carrying out a common objective on the group’s behalf.
**(3)** **Critical foreign language** August 2, 1985
Except as otherwise provided, the term “critical foreign language” means each of the languages contained in the list of critical languages designated by the Secretary in the Federal Register on (50 Fed. Reg. 31412; promulgated under the authority of section 212(d) of the Education for Economic Security Act (repealed by section 2303 of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988)), as updated by the Secretary from time to time and published in the Federal Register, except that in the implementation of this definition with respect to a specific title, the Secretary may set priorities according to the purposes of such title and the national security, economic competitiveness, and educational needs of the United States.
**(4)** **Department** The term “Department” means the Department of Education.
**(5)** **Diploma mill** The term “diploma mill” means an entity that—
**(A)**
**(i)** offers, for a fee, degrees, diplomas, or certificates, that may be used to represent to the general public that the individual possessing such a degree, diploma, or certificate has completed a program of postsecondary education or training; and
**(ii)** requires such individual to complete little or no education or coursework to obtain such degree, diploma, or certificate; and
**(B)** lacks accreditation by an accrediting agency or association that is recognized as an accrediting agency or association of institutions of higher education (as such term is defined in section 1002 of this title) by—
**(i)** the Secretary pursuant to subpart 2 of part H of subchapter IV; or
**(ii)** a Federal agency, State government, or other organization or association that recognizes accrediting agencies or associations.
**(6)** **Disability** section 12102(2) of title 42
The term “disability” has the same meaning given that term under .
**(7)** **Distance education**
**(A)** **In general** Except as otherwise provided, the term “distance education” means education that uses one or more of the technologies described in subparagraph (B)—
**(i)** to deliver instruction to students who are separated from the instructor; and
**(ii)** to support regular and substantive interaction between the students and the instructor, synchronously or asynchronously.
**(B)** **Inclusions** For the purposes of subparagraph (A), the technologies used may include—
**(i)** the Internet;
**(ii)** one-way and two-way transmissions through open broadcast, closed circuit, cable, microwave, broadband lines, fiber optics, satellite, or wireless communications devices;
**(iii)** audio conferencing; or
**(iv)** video cassettes, DVDs, and CD–ROMs, if the cassettes, DVDs, or CD–ROMs are used in a course in conjunction with any of the technologies listed in clauses (i) through (iii).
**(8)** **Early childhood education program** The term “early childhood education program” means—
**(A)** a Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), including a migrant or seasonal Head Start program, an Indian Head Start program, or a Head Start program or an Early Head Start program that also receives State funding;
**(B)** a State licensed or regulated child care program; or
**(C)** a program that—
**(i)** serves children from birth through age six that addresses the children’s cognitive (including language, early literacy, and early mathematics), social, emotional, and physical development; and
**(ii)** is—
**(I)** a State prekindergarten program;
**(II)** a program authorized under section 619 [20 U.S.C. 1419] or part C of the Individuals with Disabilities Education Act [20 U.S.C. 1431 et seq.]; or
**(III)** a program operated by a local educational agency.
**(9)** **Elementary school** section 7801 of this title
The term “elementary school” has the same meaning given that term under .
**(10)** **Gifted and talented** section 7801 of this title
The term “gifted and talented” has the same meaning given that term under .
**(11)** **Local educational agency** section 7801 of this title
The term “local educational agency” has the same meaning given that term under .
**(12)** **New borrower** The term “new borrower” when used with respect to any date means an individual who on that date has no outstanding balance of principal or interest owing on any loan made, insured, or guaranteed under subchapter IV.
**(13)** **Nonprofit** The term “nonprofit” as applied to a school, agency, organization, or institution means a school, agency, organization, or institution owned and operated by one or more nonprofit corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.
**(14)** **Poverty line** section 9902(2) of title 42
The term “poverty line” means the poverty line (as defined in ) applicable to a family of the size involved.
**(15)** **School or department of divinity** The term “school or department of divinity” means an institution, or a department or a branch of an institution, the program of instruction of which is designed for the education of students—
**(A)** to prepare the students to become ministers of religion or to enter upon some other religious vocation (or to provide continuing training for any such vocation); or
**(B)** to prepare the students to teach theological subjects.
**(16)** **Secondary school** section 7801 of this title
The term “secondary school” has the same meaning given that term under .
**(17)** **Secretary** The term “Secretary” means the Secretary of Education.
**1** **Service-learning** [^1]
The term “service-learning” has the same meaning given that term under section 12511(23) of title 42.
See References in Text note below.
**(19)** **Special education teacher** The term “special education teacher” means teachers who teach children with disabilities as defined in section 602 of the Individuals with Disabilities Education Act.
**(20)** **State educational agency** section 7801 of this title
The term “State educational agency” has the same meaning given that term under .
**(21)** **State; Freely Associated States**
**(A)** **State** The term “State” includes, in addition to the several States of the United States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and the Freely Associated States.
**(B)** **Freely Associated States** The term “Freely Associated States” means the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.
**(22)** **State higher education agency** The term “State higher education agency” means the officer or agency primarily responsible for the State supervision of higher education.
**(23)** **Universal design** section 3002 of title 29
The term “universal design” has the meaning given the term in .
**(24)** **Universal design for learning** The term “universal design for learning” means a scientifically valid framework for guiding educational practice that—
**(A)** provides flexibility in the ways information is presented, in the ways students respond or demonstrate knowledge and skills, and in the ways students are engaged; and
**(B)** reduces barriers in instruction, provides appropriate accommodations, supports, and challenges, and maintains high achievement expectations for all students, including students with disabilities and students who are limited English proficient.
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**Source Credit**: (Pub. L. 89–329, title I, § 103, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1589; amended Pub. L. 107–110, title X, § 1076(g), Jan. 8, 2002, 115 Stat. 2091; Pub. L. 110–315, title I, § 103(a), Aug. 14, 2008, 122 Stat. 3086; Pub. L. 114–95, title IX, § 9215(*oo*)(1), Dec. 10, 2015, 129 Stat. 2177.)
## Editorial Notes
### References in Text
Section 212(d) of the Education for Economic Security Act, referred to in par. (3), is , , , which was classified to , prior to repeal by , , .
The Head Start Act, referred to in par. (8)(A), is subchapter B (§ 635 et seq.) of chapter 8 of subtitle A of title VI of , , , which is classified generally to subchapter II (§ 9831 et seq.) of chapter 105 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
The Individuals with Disabilities Education Act, referred to in par. (8)(C)(ii)(II), is title VI of , , . Part C of the Act is classified generally to subchapter III (§ 1431 et seq.) of chapter 33 of this title. For complete classification of this Act to the Code, see and Tables.
, referred to in par. (18), was redesignated section 12511(40) by , , .
### Prior Provisions
Provisions similar to this section were contained in prior to repeal by .
A prior section 1003, , as added , , ; amended , , , related to authority to make grants under the school, college, and university partnership grant program, prior to the general amendment of this subchapter by .
Another prior section 1003, , as added , , , related to limitation on contract authority, prior to the general amendment of this subchapter by .
Another prior section 1003, , as added , , , related to duties of the Commission on National Development in Postsecondary Education, prior to the general amendment of this subchapter by .
Another prior section 1003, , , ; , , ; , (g)(2), , , 2086; , , ; , , , provided for the allotment of funds to States, prior to the general amendment of this subchapter by .
A prior section 1004, , as added , , ; amended , , , related to grant applications, prior to the general amendment of this subchapter by .
Another prior section 1004, , as added , , , related to administrative provisions and powers of Commission on National Development in Postsecondary Education, prior to the general amendment of this subchapter by .
Another prior section 1004, , , ; , , ; , , , described the allowable uses of States’ allotments of funds, prior to the general amendment of this subchapter by .
A prior section 1005, , as added , , , related to peer review of applications, prior to the general amendment of this subchapter by .
Another prior section 1005, , as added , , , authorized appropriations, prior to the general amendment of this subchapter by .
Another prior section 1005, , , ; , , ; –(10), (g)(2), , ; , (b)(1), (2), , , 218, set out the requisite features of State plans, prior to the general amendment of this subchapter by .
A prior section 1005a, , as added , , ; amended , , , provided for special programs and projects relating to national and regional problems, prior to the general amendment of this subchapter by .
A prior section 1006, , as added , , , authorized appropriations, prior to the general amendment of this subchapter by .
Another prior section 1006, , formerly § 106, , ; , , , renumbered , , , and amended , (g)(2), , , 2086, related to payment and method of payment of funds, prior to the general amendment of this subchapter by .
Prior sections 1007 to 1010 were omitted in the general amendment of this subchapter by .
Section 1007, , formerly § 107, , , renumbered , , , and amended , , , related to disapproval of State plans, notice and hearing, findings of Commissioner of Education, and notification to State of noneligibility.
Section 1008, , formerly § 108, , , renumbered , , , and amended , , , provided for judicial review of actions of Commissioner of Education and scope of that review.
Section 1008a, , as added , , , and amended , , ; , , , provided for programs and projects relating to problems of the elderly.
Section 1008b, , as added , , , related to technical assistance and administration.
Section 1009, , formerly § 109, , ; , , , renumbered § 110, , , , renumbered § 111, , , ; , , ; , , , renumbered § 112 and amended , (f)(1), (g)(2), , , 2086; 1977 Reorg. Plan No. 2, § 7(a)(13), 42 F.R. 62461, , provided for creation of a National Advisory Council on Extension and Continuing Education.
Section 1010, , formerly § 110, , , renumbered § 111, , , , renumbered § 112, , , , renumbered § 113 and amended , (f)(2), , , 2086, directed that nothing in the section be held to modify any authority under the Smith-Lever Act, section 341 et seq. of Title 7, Agriculture.
### Amendments
2015—Pars. (9) to (11), (16). ()(1)(A)–(D), made technical amendments to references in original act which appear in text as references to .
Par. (20). ()(1)(E), which directed technical amendment in par. (21) to reference in original act which appears in text as reference to , was executed by making the amendment in par. (20), to reflect the probable intent of Congress. The reference did not appear in par. (21).
2008—, reordered pars. in alphabetical order based on headings of pars. and renumbered pars. as so reordered, resulting in pars. (1) to (22) being redesignated as (2), (4), (6), (9) to (13), (15) to (20), (22), (21), (1), (3), (7), (5), (8), and (14), respectively.
Pars. (17) to (24). , added pars. (17) to (24).
2002—Pars. (4) to (6), (10), (14). substituted “7801” for “8801”.
## Statutory Notes and Related Subsidiaries
### Change of Name
Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, .
### Effective Date of 2015 Amendment
Amendment by effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under .
### Effective Date of 2002 Amendment
Amendment by effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as an Effective Date note under .