[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR280.4]

[Page 582-583]
 
                           TITLE 34--EDUCATION
 
              SECONDARY EDUCATION, DEPARTMENT OF EDUCATION
 
PART 280_MAGNET SCHOOLS ASSISTANCE PROGRAM--Table of Contents
 
                            Subpart A_General
 
Sec. 280.4  What definitions apply to this program?

    (a) Definitions in EDGAR. The following terms used in this part are 
defined in 34 CFR part 77:

Applicant
Application
Budget
EDGAR
Elementary school
Equipment
Facilities
Fiscal year
Local educational agency
Project
Secondary school
Secretary
State

    (b) Definitions that apply to this program. The following 
definitions also apply to this part:
    Act means the Elementary and Secondary Education Act of 1965 as 
amended by title V, Part C of the No Child Left Behind Act of 2001, Pub. 
L. 107-110 (20 U.S.C. 7231-7231j).
    Desegregation, in reference to a plan, means a plan for the 
reassignment of children or faculty to remedy the illegal separation of 
minority group children or faculty in the schools of an LEA or a plan 
for the reduction, elimination, or prevention of minority group 
isolation in one or more of the schools of an LEA.
    Feeder school means a school from which students are drawn to attend 
a magnet school.
    Magnet school means a public elementary school, public secondary 
school, public elementary education center, or public secondary 
education center that offers a special curriculum capable of

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attracting substantial numbers of students of different racial 
backgrounds.
    Minority group means the following:
    (1) American Indian or Alaskan Native. A person having origins in 
any of the original peoples of North America, and who maintains cultural 
identification through tribal affiliation or community recognition.
    (2) Asian of Pacific Islander. A person having origins in any of the 
original peoples of the Far East, Southeast Asia, the Indian 
subcontinent, or the Pacific Islands. This area includes, for example, 
China, India, Japan, Korea, the Philippine Islands, and Samoa.
    (3) Black (Not of Hispanic Origin). A person having origins in any 
of the black racial groups of Africa.
    (4) Hispanic. A person of Mexican, Puerto Rican, Cuban, Central or 
South American, or other Spanish culture or origin, regardless of race.
    Minority group isolation, in reference to a school, means a 
condition in which minority group children constitute more than 50 
percent of the enrollment of the school.
    Special curriculum means a course of study embracing subject matter 
or a teaching methodology that is not generally offered to students of 
the same age or grade level in the same LEA or consortium of LEAs, as 
the students to whom the special curriculum is offered in the magnet 
schools. This term does not include:
    (1) A course of study or a part of a course of study designed solely 
to provide basic educational services to handicapped students or to 
students of limited English-speaking ability;
    (2) A course of study or a part of a course of study in which any 
student is unable to participate because of his or her limited English-
speaking ability;
    (3) A course of study or a part of a course of study in which any 
student is unable to participate because of his or her limited financial 
resources; or
    (4) A course of study or a part of a course of study that fails to 
provide for a participating student's meeting the requirements for 
completion of elementary or secondary education in the same period as 
other students enrolled in the applicant's schools.

(Authority: 20 U.S.C. 7231-7231j)

[50 FR 21191, May 22, 1985, as amended at 51 FR 20414, June 4, 1986; 54 
FR 19508 and 19509, May 5, 1989; 57 FR 61509, Dec. 24, 1992; 60 FR 
14865, Mar. 20, 1995; 69 FR 4996, Feb. 2, 2004]