§ 1784. Definitions

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For the purposes of this chapter—

(1)“State” means any of the fifty States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands.

(2)“State educational agency” means, as the State legislature may determine,

(A)the chief State school officer (such as the State superintendent of public instruction, commissioner of education, or similar officer), or

(B)a board of education controlling the State department of education.

(3)“School” means

(A)any public or nonprofit private school of high school grade or under, including kindergarten and preschool programs operated by such school, and

(B)any public or licensed nonprofit private residential child care institution (including, but not limited to, orphanages and homes for the mentally retarded, but excluding Job Corps Centers funded by the Department of Labor). For purposes of clauses

(A)and

(B)of this paragraph, the term “nonprofit”, when applied to any such private school or institution, means any such school or institution which is exempt from tax under section 501(c)(3) of title 26.

(4)“Secretary” means the Secretary of Agriculture.

(5)“School year” means the annual period from July 1 through June 30.

(6)Except as used in section 1786 of this title, the terms “child” and “children” as used in this chapter, shall be deemed to include persons regardless of age who are determined by the State educational agency, in accordance with regulations prescribed by the Secretary, to have 1 or more disabilities and who are attending any nonresidential public or nonprofit private school of high school grade or under for the purpose of participating in a school program established for individuals with disabilities.

(7)Disability.— The term “disability” has the meaning given the term in the Rehabilitation Act of 1973 for purposes of title II of that Act (29 U.S.C 760 et seq.).

(Pub. L. 89–642, § 15, Oct. 11, 1966, 80 Stat. 889; Pub. L. 94–105, §§ 15(c), 17(b), Oct. 7, 1975, 89 Stat. 522, 525; Pub. L. 95–166, § 20(5), Nov. 10, 1977, 91 Stat. 1346; Pub. L. 95–627, § 10(c), (d)(3), Nov. 10, 1978, 92 Stat. 3624; Pub. L. 96–499, title II, § 212, Dec. 5, 1980, 94 Stat. 2603; Pub. L. 97–35, title VIII, § 808(b), Aug. 13, 1981, 95 Stat. 527; Pub. L. 99–500, title III, § 325(b), Oct. 18, 1986, 100 Stat. 1783–361, and Pub. L. 99–591, title III, § 325(b), Oct. 30, 1986, 100 Stat. 3341–365;

Pub. L. 99–661, div. D, title II, § 4205(b), Nov. 14, 1986, 100 Stat. 4072; Pub. L. 100–71, title I, § 101(b), July 11, 1987, 101 Stat. 430; Pub. L. 101–147, title III, § 325, Nov. 10, 1989, 103 Stat. 917; Pub. L. 104–193, title VII, § 727, Aug. 22, 1996, 110 Stat. 2302; Pub. L. 105–336, title I, § 107(j)(3)(D), Oct. 31, 1998, 112 Stat. 3153.)

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