Sec. 102. Definitions

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

For purposes of this title: The term child care and early learning program means any program that provides child care and early learning services in child care and early learning centers (including schools) or in family child care homes. The term child with a disability means— a child with a disability, as defined in section 602(3) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401(3) ); and an infant or toddler with a disability, as defined in section 632(5) of such Act ( 20 U.S.C. 1432(5) ).

The term community means a city, county, or multicity or multicounty unit within a State, an Indian reservation (including Indians in any nearby off-reservation area designated by an appropriate tribal government in consultation with the Secretary), or a neighborhood or other area (irrespective of boundaries or political subdivisions) that provides a suitable organizational base and possesses the commonality of interest needed to operate a child care and early learning program.

The term covered child means a child who— is— not younger than 6 weeks of age; and not yet required to attend school, under the laws of compulsory school attendance of the State in which the child resides; and meets the requirements of regulations issued under section 124. The term dual language learner means a child who is acquiring two or more languages at the same time, or a child who is learning a second language while continuing to develop the child's first language, including a child who may also be identified by a State or locality as bilingual , an English language learner , limited English proficient , an English learner , or a child who speaks a language other than English .

The term family literacy services means services that— are family literacy services, as defined in section 637 of the Head Start Act ( 42 U.S.C. 9832 ); and meet the requirements of section 641A of such Act ( 42 U.S.C. 9836a ). The term financial assistance includes assistance provided by grant, agreement, or contract, for which payments may be made in installments and in advance or by way of reimbursement with necessary adjustments on account of overpayments or underpayments.

The term full-working-day means not less than 10 hours per day. Nothing in this paragraph shall be construed to require an entity to provide services to a child who has not reached the age of compulsory school attendance for more than the number of hours per day permitted by State law (including regulation) for the provision of services to such a child. The term health , when used to refer to services or care provided to children enrolled in a child care and early learning program, their parents, or their siblings, shall be interpreted to refer to both physical and mental health.

The term homeless child means an individual described in section 725(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(2) ). The term Indian means an individual who is— a member of an Indian tribe or band, as membership is defined by the tribe or band, including— any tribe or band terminated since 1940; and any tribe or band recognized by the State in which the tribe or band resides; a descendant of an individual described in subparagraph (A); considered by the Secretary of the Interior to be an Indian for any purpose; an Eskimo, Aleut, or other Alaska Native; or a member of an organized Indian group that received a grant under the Indian Education Act of 1988 as in effect on October 19, 1994.

The term Indian tribe means an Indian tribe, within the meaning of part A of title VI of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7401 et seq.). The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). The term local educational agency has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). The term locality means any city, municipality, county, or other political subdivision of a State having general governmental powers, or any combination of such political subdivisions.

The term low-income , used with respect to a child or other individual, means an individual in a family with a family income that is not more than 200 percent of the poverty line. The term migrant or seasonal child care and early learning program means— with respect to services for migrant farmworkers, a child care and early learning program that serves families who are engaged in agricultural labor and who have changed their residence from one geographic location to another in the preceding 2-year period; and with respect to services for seasonal farmworkers, a child care and early learning program that serves families who are engaged primarily in seasonal agricultural labor and who have not changed their residence to another geographic location in the preceding 2-year period.

The term military child care program means the program carried out under subchapter II of chapter 88 of title 10, United States Code. The term Native Hawaiian has the meaning given the term in section 6207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 ). The term poverty line means the official poverty line (as defined by the Office of Management and Budget) based on the most recent data available from the Bureau of the Census— adjusted to reflect the percentage change in the Consumer Price Index For All Urban Consumers, issued by the Bureau of Labor Statistics, during the annual or other interval immediately preceding the date on which such adjustment is made; and adjusted for family size.

The term professional development means the career-pathway aligned mechanisms that contribute to ensuring that a member of the early care and education workforce, in any setting, has or is working towards obtaining the degrees and other credentials needed to demonstrate the necessary knowledge and competencies for quality provision of child care and early learning services. The term scientifically valid research includes applied research, basic research, and field-initiated research, in which the rationale, design, and interpretation are soundly developed in accordance with principles of scientific research.

The term Secretary means the Secretary of Health and Human Services. The term State means— a State, as defined in section 637 of the Head Start Act; and the Republic of Palau— for each of fiscal years 2022 through 2026; and (if legislation approving a new agreement regarding United States assistance for the Republic of Palau has not been enacted by September 30, 2024), for each subsequent fiscal year for which such legislation has not been enacted. The term tribal land means a reservation, the land of an Indian tribe, or land designated by Hawaii as under the control of Native Hawaiians for purposes of this title.

The term tribal organization means— the recognized governing body of any Indian tribe, and any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body or which is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities, except that in any case where a contract is let or grant made to an organization to perform services benefitting more than one Indian tribe, the approval of each such Indian tribe shall be a prerequisite to the letting or making of such contract or grant; and includes a Native Hawaiian organization, as defined in section 6207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 ) and a private nonprofit organization established for the purpose of serving youth who are Indians or Native Hawaiians.

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