§ 7491. Definitions
For the purposes of this part:
(1)
Adult
The term “adult” means an individual who—
(A)
has attained the age of 16 years; or
(B)
has attained an age that is greater than the age of compulsory school attendance under an applicable State law.
(2)
Free public education
The term “free public education” means education that is—
(A)
provided at public expense, under public supervision and direction, and without tuition charge; and
(B)
provided as elementary or secondary education in the applicable State or to preschool children.
(3)
Indian
The term “Indian” means an individual who is—
(A)
a member of an Indian tribe or band, as membership is defined by the tribe or band, including—
(i)
any tribe or band terminated since 1940; and
(ii)
any tribe or band recognized by the State in which the tribe or band resides;
(B)
a descendant, in the first or second degree, of an individual described in subparagraph (A);
(C)
considered by the Secretary of the Interior to be an Indian for any purpose;
(D)
an Eskimo, Aleut, or other Alaska Native; or
(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.