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For the purposes of this part:

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(1) ADULT- The term adult means an individual who —

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(A) has attained the age of 16 years; or

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(B) has attained an age that is greater than the age of compulsory school attendance under an applicable State law.

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(2) FREE PUBLIC EDUCATION- The term free public education means education that is —

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(A) provided at public expense, under public supervision and direction, and without tuition charge; and

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(B) provided as elementary or secondary education in the applicable State or to preschool children.

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(3) INDIAN- The term Indian means an individual who is —

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

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(i) any tribe or band terminated since 1940; and

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(ii) any tribe or band recognized by the State in which the tribe or band resides;

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(B) a descendant, in the first or second degree, of an individual described in subparagraph (A);

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(C) considered by the Secretary of the Interior to be an Indian for any purpose;

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(D) an Eskimo, Aleut, or other Alaska Native; or

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(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 the date of enactment of the Improving Americas Schools Act of 1994.