118 STAT. 2656 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(16) INFANT OR TODDLER WITH A DISABILITY.—The term ‘infant or toddler with a disability’ has the meaning given the term in section 632. ‘‘(17) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher education’— ‘‘(A) has the meaning given the term in section 101 of the Higher Education Act of 1965; and ‘‘(B) also includes any community college receiving funding from the Secretary of the Interior under the Trib ally Controlled College or University Assistance Act of 1978. ‘‘(18) LIMITED ENGLISH PROFICIENT.—The term ‘limited English proficient’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. ‘‘(19) LOCAL EDUCATIONAL AGENCY.— ‘‘(A) IN GENERAL.—The term ‘local educational agency’ means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary schools or secondary schools in a city, county, township, school district, or other political subdivision of a State, or for such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary schools or secondary schools. ‘‘(B) EDUCATIONAL SERVICE AGENCIES AND OTHER PUBLIC INSTITUTIONS OR AGENCIES.—The term includes— ‘‘(i) an educational service agency; and ‘‘(ii) any other public institution or agency having administrative control and direction of a public elementary school or secondary school. ‘‘(C) BIA FUNDED SCHOOLS.—The term includes an elementary school or secondary school funded by the Bureau of Indian Affairs, but only to the extent that such inclusion makes the school eligible for programs for which specific eligibility is not provided to the school in another provision of law and the school does not have a student population that is smaller than the student population of the local educational agency receiving assistance under this title with the smallest student population, except that the school shall not be subject to the jurisdiction of any State educational agency other than the Bureau of Indian Affairs. ‘‘(20) NATIVE LANGUAGE.—The term ‘native language’, when used with respect to an individual who is limited English proficient, means the language normally used by the individual or, in the case of a child, the language normally used by the parents of the child. ‘‘(21) NONPROFIT.—The term ‘nonprofit’, as applied to a school, agency, organization, or institution, means a school, agency, organization, or institution owned and operated by 1 or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. ‘‘(22) OUTLYING AREA.—The term ‘outlying area’ means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
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