§ 2302. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC2302]
TITLE 20--EDUCATION
CHAPTER 44--VOCATIONAL AND TECHNICAL EDUCATION
Sec. 2302. Definitions
In this chapter:
(1) Administration
The term ``administration'', when used with respect to an
eligible agency or eligible recipient, means activities necessary
for the proper and efficient performance of the eligible agency or
eligible recipient's duties under this chapter, including
supervision, but does not include curriculum development activities,
personnel development, or research activities.
(2) All aspects of an industry
The term ``all aspects of an industry'' means strong experience
in, and comprehensive understanding of, the industry that the
individual is preparing to enter.
(3) Area vocational and technical education school
The term ``area vocational and technical education school''
means--
(A) a specialized public secondary school used exclusively
or principally for the provision of vocational and technical
education to individuals who are available for study in
preparation for entering the labor market;
(B) the department of a public secondary school exclusively
or principally used for providing vocational and technical
education in not fewer than 5 different occupational fields to
individuals who are available for study in preparation for
entering the labor market;
(C) a public or nonprofit technical institution or
vocational and technical education school used exclusively or
principally for the provision of vocational and technical
education to individuals who have completed or left secondary
school and who are available for study in preparation for
entering the labor market, if the institution or school admits
as regular students both individuals who have completed
secondary school and individuals who have left secondary school;
or
(D) the department or division of an institution of higher
education, that operates under the policies of the eligible
agency and that provides vocational and technical education in
not fewer than five different occupational fields leading to
immediate employment but not necessarily leading to a
baccalaureate degree, if the department or division admits as
regular students both individuals who have completed secondary
school and individuals who have left secondary school.
(4) Career guidance and academic counseling
The term ``career guidance and academic counseling'' means
providing access to information regarding career awareness and
planning with respect to an individual's occupational and academic
future that shall involve guidance and counseling with respect to
career options, financial aid, and postsecondary options.
(5) Charter school
The term ``charter school'' has the meaning given the term in
section 7221i \1\ of this title.
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\1\ See References in Text note below.
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(6) Cooperative education
The term ``cooperative education'' means a method of instruction
of education for individuals who, through written cooperative
arrangements between a school and employers, receive instruction,
including required academic courses and related vocational and
technical education instruction, by alternation of study in school
with a job in any occupational field, which alternation shall be
planned and supervised by the school and employer so that each
contributes to the education and employability of the individual,
and may include an arrangement in which work periods and school
attendance may be on alternate half days, full days, weeks, or other
periods of time in fulfilling the cooperative program.
(7) Displaced homemaker
The term ``displaced homemaker'' means an individual who--
(A)(i) has worked primarily without remuneration to care for
a home and family, and for that reason has diminished marketable
skills;
(ii) has been dependent on the income of another family
member but is no longer supported by that income; or
(iii) is a parent whose youngest dependent child will become
ineligible to receive assistance under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.) not later than 2
years after the date on which the parent applies for assistance
under this chapter; \1\ and
(B) is unemployed or underemployed and is experiencing
difficulty in obtaining or upgrading employment.
(8) Educational service agency
The term ``educational service agency'' has the meaning given
the term in section 7801 of this title.
(9) Eligible agency
The term ``eligible agency'' means a State board designated or
created consistent with State law as the sole State agency
responsible for the administration of vocational and technical
education or for supervision of the administration of vocational and
technical education in the State.
(10) Eligible institution
The term ``eligible institution'' means--
(A) an institution of higher education;
(B) a local educational agency providing education at the
postsecondary level;
(C) an area vocational and technical education school
providing education at the postsecondary level;
(D) a postsecondary educational institution controlled by
the Bureau of Indian Affairs or operated by or on behalf of any
Indian tribe that is eligible to contract with the Secretary of
the Interior for the administration of programs under the Indian
Self-Determination Act [25 U.S.C. 450f et seq.] or the Act of
April 16, 1934 (48 Stat. 596; 25 U.S.C. 452 et seq.);
(E) an educational service agency; or
(F) a consortium of 2 or more of the entities described in
subparagraphs (A) through (E).
(11) Eligible recipient
The term ``eligible recipient'' means--
(A) a local educational agency, an area vocational and
technical education school, an educational service agency, or a
consortium, eligible to receive assistance under section 2351 of
this title; or
(B) an eligible institution or consortium of eligible
institutions eligible to receive assistance under section 2352
of this title.
(12) Governor
The term ``Governor'' means the chief executive officer of a
State or an outlying area.
(13) Individual with limited English proficiency
The term ``individual with limited English proficiency'' means a
secondary school student, an adult, or an out-of-school youth, who
has limited ability in speaking, reading, writing, or understanding
the English language, and--
(A) whose native language is a language other than English;
or
(B) who lives in a family or community environment in which
a language other than English is the dominant language.
(14) Individual with a disability
(A) In general
The term ``individual with a disability'' means an
individual with any disability (as defined in section 12102 of
title 42).
(B) Individuals with disabilities
The term ``individuals with disabilities'' means more than 1
individual with a disability.
(15) Institution of higher education
The term ``institution of higher education'' has the meaning
given the term in section 1001 of this title.
(16) Local educational agency
The term ``local educational agency'' has the meaning given the
term in section 7801 of this title.
(17) Nontraditional training and employment
The term ``nontraditional training and employment'' means
occupations or fields of work, including careers in computer
science, technology, and other emerging high skill occupations, for
which individuals from one gender comprise less than 25 percent of
the individuals employed in each such occupation or field of work.
(18) Outlying area
The term ``outlying area'' means the United States Virgin
Islands, Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, the Republic of the Marshall Islands, the Federated
States of Micronesia, and the Republic of Palau.
(19) Postsecondary educational institution
The term ``postsecondary educational institution'' means--
(A) an institution of higher education that provides not
less than a 2-year program of instruction that is acceptable for
credit toward a bachelor's degree;
(B) a tribally controlled college or university; or
(C) a nonprofit educational institution offering certificate
or apprenticeship programs at the postsecondary level.
(20) School dropout
The term ``school dropout'' means an individual who is no longer
attending any school and who has not received a secondary school
diploma or its recognized equivalent.
(21) Secondary school
The term ``secondary school'' has the meaning given the term in
section 7801 of this title.
(22) Secretary
The term ``Secretary'' means the Secretary of Education.
(23) Special populations
The term ``special populations'' means--
(A) individuals with disabilities;
(B) individuals from economically disadvantaged families,
including foster children;
(C) individuals preparing for nontraditional training and
employment;
(D) single parents, including single pregnant women;
(E) displaced homemakers; and
(F) individuals with other barriers to educational
achievement, including individuals with limited English
proficiency.
(24) State
The term ``State'', unless otherwise specified, means each of
the several States of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, and each outlying area.
(25) Support services
The term ``support services'' means services related to
curriculum modification, equipment modification, classroom
modification, supportive personnel, and instructional aids and
devices.
(26) Tech-prep program
The term ``tech-prep program'' means a program of study that--
(A) combines at least 2 years of secondary education (as
determined under State law) and 2 years of postsecondary
education in a nonduplicative sequential course of study;
(B) strengthens the applied academic component of vocational
and technical education through the integration of academic, and
vocational and technical, instruction;
(C) provides technical preparation in an area such as
engineering technology, applied science, a mechanical,
industrial, or practical art or trade, agriculture, a health
occupation, business, or applied economics;
(D) builds student competence in mathematics, science, and
communications (including through applied academics) in a
coherent sequence of courses; and
(E) leads to an associate degree or a certificate in a
specific career field, and to high skill, high wage employment,
or further education.
(27) Tribally controlled college or university
The term ``tribally controlled college or university'' has the
meaning given such term in section 1801 of title 25.
(28) Tribally controlled postsecondary vocational and
technical institution
The term ``tribally controlled postsecondary vocational and
technical institution'' means an institution of higher education (as
defined in section 1001 of this title, except that paragraph (2) \2\
of such section shall not be applicable and the reference to
Secretary in paragraph (5)(A) \2\ of such section shall be deemed to
refer to the Secretary of the Interior) that--
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(A) is formally controlled, or has been formally sanctioned
or chartered, by the governing body of an Indian tribe or Indian
tribes;
(B) offers a technical degree or certificate granting
program;
(C) is governed by a board of directors or trustees, a
majority of whom are Indians;
(D) demonstrates adherence to stated goals, a philosophy, or
a plan of operation, that fosters individual Indian economic and
self-sufficiency opportunity, including programs that are
appropriate to stated tribal goals of developing individual
entrepreneurships and self-sustaining economic infrastructures
on reservations;
(E) has been in operation for at least 3 years;
(F) holds accreditation with or is a candidate for
accreditation by a nationally recognized accrediting authority
for postsecondary vocational and technical education; and
(G) enrolls the full-time equivalent of not less than 100
students, of whom a majority are Indians.
(29) Vocational and technical education
The term ``vocational and technical education'' means organized
educational activities that--
(A) offer a sequence of courses that provides individuals
with the academic and technical knowledge and skills the
individuals need to prepare for further education and for
careers (other than careers requiring a baccalaureate, master's,
or doctoral degree) in current or emerging employment sectors;
and
(B) include competency-based applied learning that
contributes to the academic knowledge, higher-order reasoning
and problem-solving skills, work attitudes, general
employability skills, technical skills, and occupation-specific
skills, of an individual.
(30) Vocational and technical student organization
(A) In general
The term ``vocational and technical student organization''
means an organization for individuals enrolled in a vocational
and technical education program that engages in vocational and
technical activities as an integral part of the instructional
program.
(B) State and national units
An organization described in subparagraph (A) may have State
and national units that aggregate the work and purposes of
instruction in vocational and technical education at the local
level.
(Pub. L. 88-210, Sec. 3, as added Pub. L. 105-332, Sec. 1(b), Oct. 31,
1998, 112 Stat. 3077; amended Pub. L. 107-110, title X, Sec. 1076(k),
Jan. 8, 2002, 115 Stat. 2091.)
References in Text
Section 7221i of this title, referred to in par. (5), was in the
original ``section 5206 of the Elementary and Secondary Education Act of
1965'' and was translated as reading section 5210 of that Act to reflect
the probable intent of Congress, because section 5206 does not contain
definitions and section 5210 defines ``charter school''.
The Social Security Act, referred to in par. (7)(A)(iii), is act
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of
the Act is classified generally to part A (Sec. 601 et seq.) of
subchapter IV of chapter 7 of Title 42, The Public Health and Welfare.
For complete classification of this Act to the Code, see section 1305 of
Title 42 and Tables.
This chapter, referred to in par. (7)(A)(iii), was in the original
``this title'' and was translated as reading ``this Act'', meaning the
Carl D. Perkins Vocational and Technical Education Act of 1998, which
enacted this chapter, to reflect the probable intent of Congress,
because this section is not contained in a title of the Act.
The Indian Self-Determination Act, referred to in par. (10)(D), is
title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2206, as amended,
which is classified principally to part A (Sec. 450f et seq.) of
subchapter II of chapter 14 of Title 25, Indians. For complete
classification of this Act to the Code, see Short Title note set out
under section 450 of Title 25 and Tables.
Act of April 16, 1934, referred to in par. (10)(D), is act Apr. 16,
1934, ch. 147, 48 Stat. 596, as amended, popularly known as the Johnson-
O'Malley Act, which is classified generally to section 452 et seq. of
Title 25, Indians. For complete classification of this Act to the Code,
see Short Title note set out under section 452 of Title 25 and Tables.
Section 1001 of this title, referred to in par. (28), contains a
paragraph (2) in both subsecs. (a) and (b) and does not contain a
paragraph (5)(A).
Prior Provisions
Provisions similar to this section were contained in section 2471 of
this title, prior to the general amendment of this chapter by Pub. L.
105-332.
A prior section 2302, Pub. L. 88-210, Sec. 3, as added Pub. L. 98-
524, Sec. 1, Oct. 19, 1984, 98 Stat. 2437; amended Pub. L. 100-418,
title VI, Secs. 6131(b), 6134(b), Aug. 23, 1988, 102 Stat. 1511, 1512;
Pub. L. 101-392, Sec. 3, Sept. 25, 1990, 104 Stat. 756, authorized
appropriations for fiscal years 1991 to 1995 to carry out former
subchapters I to IV of this chapter, prior to the general amendment of
this chapter by Pub. L. 105-332.
Amendments
2002--Par. (5). Pub. L. 107-110, Sec. 1076(k)(1), substituted
``7221i'' for ``8066''.
Pars. (8), (16), (21). Pub. L. 107-110, Sec. 1076(k)(2), (3),
substituted ``7801'' for ``8801''.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with
respect to certain noncompetitive programs and competitive programs, see
section 5 of Pub. L. 107-110, set out as an Effective Date note under
section 6301 of this title.
Section Referred to in Other Sections
This section is referred to in title 19 section 2291; title 29
section 2801.
