For the purposes of this part:

1. (1) Adult The term “adult” means an individual who—

   1. (A) has attained the age of 16 years; or
   2. (B) has attained an age that is greater than the age of compulsory school attendance under an applicable State law.

2. (2) Free public education The term “free public education” means education that is—

   1. (A) provided at public expense, under public supervision and direction, and without tuition charge; and
   2. (B) provided as elementary or secondary education in the applicable State or to preschool children.

3. (3) Indian The term “Indian” means an individual who is—

   1. (A) a member of an Indian tribe or band, as membership is defined by the tribe or band, including—

      1. (i) any tribe or band terminated since 1940; and
      2. (ii) any tribe or band recognized by the State in which the tribe or band resides;
   2. (B) a descendant, in the first or second degree, of an individual described in subparagraph (A);
   3. (C) considered by the Secretary of the Interior to be an Indian for any purpose;
   4. (D) an Eskimo, Aleut, or other Alaska Native; or
   5. (E) a member of an organized Indian group that received a grant under the Indian Education Act of 1988 as in effect the day preceding October 20, 1994.

(Pub. L. 89–10, title VII, § 7151, as added Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1931.)

References in Text The Indian Education Act of 1988, as in effect the day preceding October 20, 1994, referred to in par. (3)(E), is part C (§§ 5301–5352) of title V of Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 395, which was classified principally to chapter 28 (§ 2601 et seq.) of Title 25, Indians, prior to repeal by Pub. L. 103–382, title III, § 367, Oct. 20, 1994, 108 Stat. 3976.

Prior Provisions A prior section 7491, Pub. L. 89–10, title VII, § 7161, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3736, set forth special rule relating to transition, prior to the general amendment of this subchapter by Pub. L. 107–110.