Eligibility and Funding Status

Educational choice means the opportunity for a child or student (or a family member on their behalf) to create a high-quality personalized path for learning that is consistent with applicable Federal, State, and local laws; is in an educational setting that best meets the child’s or student’s needs; and, where possible, incorporates evidence-based activities, strategies, or interventions. Opportunities made available to a student through a grant program are those that supplement what is provided by a child’s or student’s geographically assigned school or the institution in which he or she is currently enrolled and may include:

1. Public educational programs or courses including those offered by traditional public schools, public charter schools, public magnet schools, public online education providers, or other public education providers; or
2. Private or home-based educational programs or courses including those offered by private schools, private online providers, private tutoring providers, community or faith-based organizations, or other private education providers.

Evidence-based, when used with respect to a State, LEA, or school activity, means an activity, strategy, or intervention that—

1. Demonstrates a statistically significant effect on improving student outcomes or other relevant outcomes based on—
   1. Strong evidence from at least 1 well-designed and well-implemented experimental study;
   2. Moderate evidence from at least 1 well-designed and well-implemented quasi-experimental study; or
   3. Promising evidence from at least 1 well-designed and well-implemented correlational study with statistical controls for selection bias; or

2. 1. Demonstrates a rationale based on high-quality research findings or positive evaluation that such activity, strategy, or intervention is likely to improve student outcomes or other relevant outcomes; and
   2. Includes ongoing efforts to examine the effects of such activity, strategy, or intervention.

Federally supported elementary or secondary school for Indian students means an elementary or secondary school that is operated or funded, through a contract or grant, by the Bureau of Indian Education.

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Indian means an individual who is—

1. A member of an Indian Tribe or band, as membership is defined by the Indian Tribe or band, including any Tribe or band terminated since 1940, and any Tribe or band recognized by the State in which the Tribe or band resides;
2. A descendant of a parent or grandparent who meets the requirements described in paragraph (1) of this definition;
3. Considered by the Secretary of the Interior to be an Indian for any purpose;
4. An Eskimo, Aleut, or other Alaska Native; or
5. A member of an organized Indian group that received a grant under the Indian Education Act of 1988 as it was in effect on October 19, 1994.

Indian organization means an organization that—

1. Is legally established—
   1. By Tribal or inter-Tribal charter or in accordance with State or Tribal law; and
   2. With appropriate constitution, bylaws, or articles of incorporation;

2. Includes in its purposes the promotion of the education of Indians;
3. Is controlled by a governing board, the majority of which is Indian;
4. If located on an Indian reservation, operates with the sanction or by charter of the governing body of that reservation;
5. Is neither an organization or subdivision of, nor under the direct control of, any institution of higher education or TCU; and
6. Is not an agency of State or local government.

Parent includes a legal guardian or other person standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the child’s welfare). Tribal College or University (TCU) means an accredited college or university within the United States cited in section 532 of the Equity in Educational Land-Grant Status Act of 1994, any other institution that qualifies for funding under the Tribally Controlled College or University Assistance Act of 1978, and the Navajo Community College, authorized in the Navajo Community College Assistance Act of 1978.