As used in this subchapter:
The term "caregiver" means an individual who provides a service directly to an eligible child on a person-to-person basis.
The term "child care certificate" means a certificate (that may be a check or other disbursement) that is issued by a State or local government under this subchapter directly to a parent who may use such certificate only as payment for child care services or as a deposit for child care services if such a deposit is required of other children being cared for by the provider. Nothing in this subchapter shall preclude the use of such certificates for sectarian child care services if freely chosen by the parent. For purposes of this subchapter, child care certificates shall not be considered to be grants or contracts.
The term "child with a disability" means-
The term "eligible child" means an individual-
The term "English learner" means an individual who is an English learner, as defined in section 7801 of title 20, or who is limited English proficient, as defined in section 9832 of this title.
The term "eligible child care provider" means-
applicable to the child care services it provides; or
The term "family child care provider" means one individual who provides child care services for fewer than 24 hours per day, as the sole caregiver, and in a private residence.
The term "Indian tribe" has the meaning given it in section 5304(e) of title 25.
The term "lead agency" means the agency designated or established under section 9858b(a) of this title.
The term "parent" includes a legal guardian, foster parent, or other person standing in loco parentis.
The term "scientifically valid research" includes applied research, basic research, and field-initiated research, for which the rationale, design, and interpretation are soundly developed in accordance with principles of scientific research.
The term "Secretary" means the Secretary of Health and Human Services unless the context specifies otherwise.
The term "sliding fee scale" means a system of cost sharing by a family based on income and size of the family.
The term "State" means any of the several States, the District of Columbia, the Virgin Islands of the United States, the Commonwealth of Puerto Rico, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
The term "tribal organization" has the meaning given it in section 5304(l) of title 25.
Such term includes a Native Hawaiian Organization, as defined in section 4909(4)1 of title 20 and a private nonprofit organization established for the purpose of serving youth who are Indians or Native Hawaiians.
1See References in Text note below.
42 U.S.C. § 9858n
EDITORIAL NOTES
REFERENCES IN TEXTThe Individuals with Disabilities Education Act, referred to in par. (3)(B), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84 Stat. 175. Part C of the Act is classified generally to subchapter III (§1431 et seq.) of chapter 33 of Title 20, Education. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables.Section 4909 of title 20, referred to in par. (15)(B), was repealed by Pub. L. 103-382, title III, §363, Oct. 20, 1994, 108 Stat. 3975.
AMENDMENTS2015-Par. (5). Pub. L. 114-95 substituted "an individual who is an English learner, as defined in section 7801 of title 20, or who is limited English proficient, as defined in section 9832 of this title" for "an individual who is limited English proficient, as defined in section 7801 of title 20 or section 9832 of this title". 2014-Pars. (3), (4). Pub. L. 113-186, §10(1), added pars. (3) and (4) and struck out former par. (4) which defined "eligible child".Par. (5). Pub. L. 113-186, §10(3), added par. (5). Former par. (5) redesignated (6). Par. (6). Pub. L. 113-186, §10(2), (4), redesignated par. (5) as (6) and substituted "9858c(c)(2)(F)" for "9858c(c)(2)(E)" in subpar. (A)(i) and "9858c(c)(2)(I)" for "9858c(c)(2)(F)" in subpar. (A)(ii). Former par. (6) redesignated (7).Pars. (7), (8). Pub. L. 113-186, §10(2), redesignated pars. (6) and (7) as (7) and (8), respectively. Former pars. (7) and (8) redesignated (8) and (9), respectively. Par. (9). Pub. L. 113-186, §10(2), (5), redesignated par. (8) as (9) and substituted "designated or established under section 9858b(a)" for "designated under section 9858(a)". Former par. (9) redesignated (10).Par. (10). Pub. L. 113-186, §10(2), (6), redesignated par. (9) as (10) and inserted ",foster parent," after "guardian".Pars. (11) to (15). Pub. L. 113-186, §10(7), (8), added par. (11) and redesignated former pars. (11) to (14) as (12) to (15), respectively.1997-Par. (13). Pub. L. 105-33 substituted "and" for "or" after "American Samoa,". 1996-Par. (2). Pub. L. 104-193, §614(1), in first sentence, inserted "or as a deposit for child care services if such a deposit is required of other children being cared for by the provider" after "payment for child care services".Par. (3). Pub. L. 104-193, §614(2), struck out heading and text of par. (3). Text read as follows: "The term 'elementary school' means a day or residential school that provides elementary education, as determined under State law."Par. (4)(B). Pub. L. 104-193, §614(3), substituted "85 percent" for "75 percent". Par. (5)(B). Pub. L. 104-193, §614(4), inserted "great grandchild, sibling (if such provider lives in a separate residence)," after "grandchild,", struck out "is registered and" after "such provider", and substituted "any applicable requirements" for "any State requirements".Par. (10). Pub. L. 104-193, §614(5), struck out heading and text of par. (10). Text read as follows: "The term 'secondary school' means a day or residential school which provides secondary education, as determined under State law." Par. (13). Pub. L. 104-193, §614(6), inserted "or" after "Samoa," and struck out ",and the Trust Territory of the Pacific Islands" after "Northern Mariana Islands".Par. (14). Pub. L. 104-193, §614(7), designated existing text as subpar. (A), inserted heading, and added subpar. (B).1993-Pars. (7), (14). Pub. L. 103-171 made technical correction to directory language of Pub. L. 102-586, §8(c)(2). See 1992 Amendment note below.1992- Pub. L. 102-401, §3(a), and Pub. L. 102-586, §8(c)(1), made identical technical corrections to directory language of Pub. L. 101-508, §5082(2), which added this section.Par. (7). Pub. L. 102-586, §8(c)(2)(A), as amended by Pub. L. 103-171 which directed the amendment of par. (7) by substituting "section 5304(e) of title 25" for "section 5304(b) of title 25", could not be executed because the words "section 5304(b) of title 25" did not appear subsequent to execution of the amendment by Pub. L. 102-401, §3(b)(1). See below. Pub. L. 102-401, §3(b)(1), substituted "section 5304(e) of title 25" for "section 5304(b) of title 25".Par. (14). Pub. L. 102-586, §8(c)(2)(B), as amended by Pub. L. 103-171 which directed the amendment of par. (14) by substituting "section 5304(l) of title 25" for "section 5304(c) of title 25", could not be executed because the words "section 5304(c) of title 25" did not appear subsequent to execution of the amendment by Pub. L. 102-401, §3(b)(2). See below. Pub. L. 102-401, §3(b)(2), substituted "section 5304(l) of title 25" for "section 5304(c) of title 25".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114-95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114-95 set out as a note under section 6301 of Title 20, Education.
EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105-33 effective as if included in the enactment of title VI of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104-193 see section 5603 of Pub. L. 105-33 set out as a note under section 618 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104-193 effective Oct. 1, 1996, see section 615 of Pub. L. 104-193 set out as a note under section 9858 of this title.
EFFECTIVE DATE OF 1992 AMENDMENTS Amendment by Pub. L. 102-586 effective Nov. 4, 1992, but not applicable with respect to fiscal years beginning before Oct. 1, 1992, see section 8(d) of Pub. L. 102-586 set out as a note under section 9858h of this title.Amendment by Pub. L. 102-401 effective Oct. 7, 1992, but not applicable with respect to fiscal years beginning before Oct. 1, 1992, see section 4 of Pub. L. 102-401 set out as a note under section 9835 of this title.
- Secretary
- The term "Secretary" means the Secretary of Housing and Urban Development.1See References in Text note below.