1. (a) The following definition applies to the programs authorized in part D, subparts 1 and 2 of Title I of the ESEA:

   Children and youth means the same as “children” as that term is defined in § 200.103(a).

2. (b) The following definitions apply to the programs authorized in part D, subpart 1 of Title I of the ESEA:

   Institution for delinquent children and youth means, as determined by the SEA, a public or private residential facility that is operated primarily for the care of children and youth who—

   1. (i) Have been adjudicated to be delinquent or in need of supervision; and
   2. (ii) Have had an average length of stay in the institution of at least 30 days.

   Institution for neglected children and youth means, as determined by the SEA, a public or private residential facility, other than a foster home, that is operated primarily for the care of children and youth who—

   1. (i) Have been committed to the institution or voluntarily placed in the institution under applicable State law due to abandonment, neglect, or death of their parents or guardians; and
   2. (ii) Have had an average length of stay in the institution of at least 30 days.

   Regular program of instruction means an educational program (not beyond grade 12) in an institution or a community day program for neglected or delinquent children that consists of classroom instruction in basic school subjects such as reading, mathematics, and career and technical education, and that is supported by non-Federal funds. Neither the manufacture of goods within the institution nor activities related to institutional maintenance are considered classroom instruction.

3. (c) The following definition applies to the local agency program authorized in part D, subpart 2 of title I of the ESEA:

   Locally operated correctional facility means a facility in which persons are confined as a result of a conviction for a criminal offense, including persons under 21 years of age. The term also includes a local public or private institution and community day program or school not operated by the State that serves delinquent children and youth.

[67 FR 71736, Dec. 2, 2002, as amended at 84 FR 31677, July 2, 2019]