PUBLIC LAW 103-382—OCT. 20, 1994 108 STAT. 3889 term does not include any education provided beyond grade 12. "(16) GIFTED AND TALENTED.— The term 'gifted and talented', when used with respect to students, children or youth, means students, children or youth who give evidence of high performance capability in areas such as intellectual, creative, artistic, or leadership capacity, or in specific academic fields, and who require services or activities not ordinarily provided by the school in order to fully develop such capabilities. "(17) INSTITUTION OF HIGHER EDUCATION. —The term 'institution of higher education' has the meaning given that term in section 1201(a) of the Higher Education Act of 1965. "(18) LOCAL EDUCATIONAL AGENCY. —<A) 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 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 or secondary schools. "(B) The term includes any other public institution or agency having administrative control and direction of a public elementary or secondary school. "(C) The term includes an elementary or secondary school funded by the Bureau of Indian Affairs but only to the extent that such inclusion makes such school eligible fDr programs for which specific eligibility is not provided to such school in another provision of law and such school does not have a student population that is smaller than the student population of the local educational agency receiving assistance under this Act with the smallest student population, except that such school shall not be subject to the jurisdiction of any State educational agency other than the Bureau of Indian Affairs. "(19) MENTORING.— The term 'mentoring' means a program in which an adult works with a child or youth on a 1-to-l basis, establishing a supportive relationship, providing academic assistance, and introducing the child or youth to new experiences that enhance the child or youth's ability to excel in school and become a responsible citizen. "(20) OTHER STAFF.— The term 'other stafF means pupil services personnel, librarians, career guidance and counseling personnel, education aides, and other instructional and administrative personnel. "(21) OUTLYING AREA. —The term 'outlying area' means the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and for the purpose of section 1121 and any other discretionary grant program under this Act, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. "(22) PARENT.—The term 'parent' includes a legal guardian or other person standing in loco parentis. "(23) PUBLIC TELECOMMUNICATION ENTITY. —The term 'public telecommunication entity has the same meaning given to such term in section 397(12) of the Communications Act of 1934.
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