PUBLIC LAW 107-110—JAN. 8, 2002 115 STAT. 1731 designed to enable all participating children to become proficient in English and a second language. "(9) NATIVE AMERICAN AND NATIVE AMERICAN LANGUAGE. — The terms 'Native American' and 'Native Americam language' shall have the meanings given such terms in section 103 of the Native American Languages Act. "(10) NATIVE HAWAIIAN OR NATIVE AMERICAN PACIFIC ISLANDER NATIVE LANGUAGE EDUCATIONAL ORGANIZATION.— THE term 'Native Hawaiian or Native American Pacific Islander native language educational organization' means a nonprofit organization with— "(A) a majority of its governing board and employees consisting of fluent speakers of the traditional Native American languages used in the organization's educational programs; and "(B) not less than 5 years successful experience in providing educational services in traditional Native Americ£m languages. "(11) NATIVE LANGUAGE. —The term 'native language', when used with reference to an individual of limited English proficiency, means— "(A) the language normally used by such individual; or "(B) in the case of a child or youth, the language normally used by the parents of the child or youth. "(12) PARAPROFESSIONAL.— The term 'paraprofessional' means an individual who is employed in a preschool, elementary school, or secondary school under the supervision of a certified or licensed teacher, including individuals employed in language instruction educational programs, special education, and migrant education. "(13) SPECIALLY QUALIFIED AGENCY.—The term 'specially qualified agency means an eligible entity, as defined in section 3141, in a State whose State educational agency— "(A) does not participate in a program under subpart 1 of part A for a fiscal year; or "(B) submits a plan (or any amendment to a plan) that the Secretary, after reasonable notice and opportunity for a hearing, determines does not satisfy the requirements of such subpart. "(14) STATE.— The term 'State' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. " (15) TRIBALLY SANCTIONED EDUCATIONAL AUTHORITY. —The term 'tribally sanctioned educational authority' means— ' "(A) any department or division of education operating within the administrative structure of the duly constituted governing body of an Indian tribe; and "(B) any nonprofit institution or organization that is— "(i) chartered by the governing body of an Indian tribe to operate a school described in section 3112(a) or otherwise to oversee the delivery of educational services to members of the tribe; and "(ii) approved by the Secretary for the purpose of carrying out programs under subpart 1 of part A for individuals served by a school described in section 3112(a).
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