In this subpart:

1. (1) Charter school The term “charter school” has the meaning given such term in section 7221i of this title.

2. (2) Eligible entity The term “eligible entity” means—

   1. (A) one or more State educational agencies;
   2. (B) one or more local educational agencies; or

   3. (C) a partnership of—

      1. (i) one or more—

         1. (I) State educational agencies; and
         2. (II) local educational agencies or other public, for-profit, or nonprofit entities; or

      2. (ii) one or more—

         1. (I) local educational agencies; and
         2. (II) public, for-profit, or nonprofit entities.
3. (3) Low-performing school The term “low-performing school” means a public elementary school or secondary school that has failed to make adequate yearly progress, as described in section 6311(b) of this title, for two or more consecutive years.

(Pub. L. 89–10, title V, § 5247, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1805.)