Sec. 101. definitions
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## Sec. 101 definitions **[**[8 U.S.C. 1522 note](/us/usc/t8/s1522)**]** As used in this Act— ####
(1)The terms “**elementary school**”, “**local educational agency**”, “**secondary school**”, “**State**”, and “**State educational agency**” have the meanings given such terms under section 8101 of the Elementary and Secondary Education Act of 1965. ####
(2)The term “**elementary or secondary nonpublic schools**” means schools which comply with the compulsory education laws of the State and which are exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1954.1 1Pursuant to section 2(b)(1) of Public Law 99–514, any reference to the Internal Revenue Code of 1954 shall include a reference to the Internal Revenue Code of 1986. ####
(3)The term “**eligible participant**”2 means any alien who— 2Section 543(a)(2) of the Omnibus Budget Reconciliation Act of 1981 (P.L. 97–35, 95 Stat. 4461) contained the following provision:
(2)For purposes of the Refugee Education Assistance Act of 1980, an alien who entered the United States on or after November 1, 1979, and is in the United States with the immigration status of a Cuban-Haitian entrant (status pending) shall be considered to be an eligible participant (within the meaning of section 101(3) of such Act), but only during the 36-month period beginning with the first month in which the alien entered the United States as such an entrant or otherwise first acquired such status. #####
(A)has been admitted into the United States as a refugee under section 207 of the Immigration and Nationality Act; #####
(B)has been paroled into the United States as a refugee by the Attorney General pursuant to section 212(d)(5) of such Act; #####
(C)is an applicant for asylum, or has been granted asylum, in the United States; or #####
(D)has fled from the alien's country of origin and has, pursuant to an Executive order of the President, been permitted to enter the United States and remain in the United States indefinitely for humanitarian reasons; but only during the 36-month3 beginning with the first month in which the alien entered the United States (in the case of an alien described in (A), (B), or (D)) or the month in which the alien applied for asylum (in the case of an alien described in subparagraph (C)). 3So in law. Probably should be “**36-month period**”. See Public Law 97–35, title V, section 543(a)(1)(B), 95 Stat. 459. ####
(4)The term “**Secretary**” means the Secretary of Education.
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- Pub. L. 99-514
- 95 Stat. 4461
- Pub. L. 97-35
- 95 Stat. 459
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Sec. 101
definitions
Pub. L.Pub. L. 99-514
Stat.95 Stat. 4461
Pub. L.Pub. L. 97-35
Stat.95 Stat. 459
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