§ 9202. — 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: 20USC9202]
TITLE 20--EDUCATION
CHAPTER 73--ADULT EDUCATION AND LITERACY
SUBCHAPTER I--ADULT EDUCATION AND FAMILY LITERACY
Sec. 9202. Definitions
In this subchapter:
(1) Adult education
The term ``adult education'' means services or instruction below
the postsecondary level for individuals--
(A) who have attained 16 years of age;
(B) who are not enrolled or required to be enrolled in
secondary school under State law; and
(C) who--
(i) lack sufficient mastery of basic educational skills
to enable the individuals to function effectively in
society;
(ii) do not have a secondary school diploma or its
recognized equivalent, and have not achieved an equivalent
level of education; or
(iii) are unable to speak, read, or write the English
language.
(2) Adult education and literacy activities
The term ``adult education and literacy activities'' means
activities described in section 9241(b) of this title.
(3) Educational service agency
The term ``educational service agency'' means a regional public
multiservice agency authorized by State statute to develop and
manage a service or program, and to provide the service or program
to a local educational agency.
(4) Eligible agency
The term ``eligible agency'' means the sole entity or agency in
a State or an outlying area responsible for administering or
supervising policy for adult education and literacy in the State or
outlying area, respectively, consistent with the law of the State or
outlying area, respectively.
(5) Eligible provider
The term ``eligible provider'' means--
(A) a local educational agency;
(B) a community-based organization of demonstrated
effectiveness;
(C) a volunteer literacy organization of demonstrated
effectiveness;
(D) an institution of higher education;
(E) a public or private nonprofit agency;
(F) a library;
(G) a public housing authority;
(H) a nonprofit institution that is not described in any of
subparagraphs (A) through (G) and has the ability to provide
literacy services to adults and families; and
(I) a consortium of the agencies, organizations,
institutions, libraries, or authorities described in any of
subparagraphs (A) through (H).
(6) English literacy program
The term ``English literacy program'' means a program of
instruction designed to help individuals of limited English
proficiency achieve competence in the English language.
(7) Family literacy services
The term ``family literacy services'' means services that are of
sufficient intensity in terms of hours, and of sufficient duration,
to make sustainable changes in a family, and that integrate all of
the following activities:
(A) Interactive literacy activities between parents and
their children.
(B) Training for parents regarding how to be the primary
teacher for their children and full partners in the education of
their children.
(C) Parent literacy training that leads to economic self-
sufficiency.
(D) An age-appropriate education to prepare children for
success in school and life experiences.
(8) Governor
The term ``Governor'' means the chief executive officer of a
State or outlying area.
(9) 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
one individual with a disability.
(10) Individual of limited English proficiency
The term ``individual of limited English proficiency'' means an
adult or 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 where a
language other than English is the dominant language.
(11) Institution of higher education
The term ``institution of higher education'' has the meaning
given the term in section 1001 of this title.
(12) Literacy
The term ``literacy'' means an individual's ability to read,
write, and speak in English, compute, and solve problems, at levels
of proficiency necessary to function on the job, in the family of
the individual, and in society.
(13) Local educational agency
The term ``local educational agency'' has the meaning given the
term in section 7801 of this title.
(14) Outlying area
The term ``outlying area'' has the meaning given the term in
section 2801 of title 29.
(15) 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 community college; or
(C) a nonprofit educational institution offering certificate
or apprenticeship programs at the postsecondary level.
(16) Secretary
The term ``Secretary'' means the Secretary of Education.
(17) State
The term ``State'' means each of the several States of the
United States, the District of Columbia, and the Commonwealth of
Puerto Rico.
(18) Workplace literacy services
The term ``workplace literacy services'' means literacy services
that are offered for the purpose of improving the productivity of
the workforce through the improvement of literacy skills.
(Pub. L. 105-220, title II, Sec. 203, Aug. 7, 1998, 112 Stat. 1060; Pub.
L. 105-244, title I, Sec. 102(d)(2), Oct. 7, 1998, 112 Stat. 1622; Pub.
L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 404(a)], Oct. 21,
1998, 112 Stat. 2681-337, 2681-416; Pub. L. 107-110, title X,
Sec. 1076(s), Jan. 8, 2002, 115 Stat. 2092.)
Amendments
2002--Par. (13). Pub. L. 107-110 substituted ``section 7801'' for
``section 8801''.
1998--Pub. L. 105-277 made technical amendment to reference in
original act which appears in text as reference to this subchapter.
Par. (11). Pub. L. 105-244 substituted ``section 1001'' for
``section 1141''.
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.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-244,
set out as a note under section 1001 of this title.
Section Referred to in Other Sections
This section is referred to in sections 9241, 9273 of this title;
title 29 section 2801.