“ Elementary school.—The term `elementary school' means a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under State law. ”

“ Local Control.—Nothing in this section shall be construed to— `` (1) authorize an officer or employee of the Federal Government to mandate, direct, review, or control a State, local educational agency, or school's instructional content, curriculum, and related activities; `` (2) limit the application of the General Education Provisions Act; `` (3) require the distribution of scientifically or medically false or inaccurate materials or to prohibit the distribution of scientifically or medically true or accurate materials; or `` (4) create any legally enforceable right. ”

“ Rule.—For the purpose of this section, an elementary school or secondary school has a limited public forum whenever the school involved grants an offering to, or opportunity for, one or more outside youth or community groups to meet on school premises or in school facilities before or after the hours during which attendance at the school is compulsory. ”

“ If the public school or agency does not comply with the rules or orders, then notwithstanding any other provision of law, no funds made available through the Department shall be provided to a school that fails to comply with such rules or orders or to any agency or school served by an agency that fails to comply with such rules or orders. ”

“ Required Consolidated Plans or Applications.—A State educational agency that has an approved consolidated State plan or application under section 9302 may require local educational agencies in the State receiving funds under more than one program included in the consolidated State plan or consolidated State application to submit consolidated local plans or applications under those programs, but may not require those agencies to submit separate plans. ”

“ Gifted and talented.—The term `gifted and talented', when used with respect to students, children, or youth, means students, children, or youth who give evidence of high achievement capability in areas such as intellectual, creative, artistic, or leadership capacity, or in specific academic fields, and who need services or activities not ordinarily provided by the school in order to fully develop those capabilities. ”

“ ARMED FORCES RECRUITER ACCESS TO STUDENTS AND STUDENT RECRUITING INFORMATION. `` (a) Policy.— `` (1) Access to student recruiting information.— ``Notwithstanding section 444 (a) (5) (B) of the General Education Provisions Act and except as provided in paragraph (2) , each local educational agency receiving assistance under this Act shall provide, on a request made by military recruiters or an institution of higher education, access to secondary school students names, addresses, and telephone listings. ”

“ Professional development.—The term `professional development'— `` (A) includes activities that— `` (i) improve and increase teachers' knowledge of the academic subjects the teachers teach, and enable teachers to become highly qualified; `` (ii) are an integral part of broad schoolwide and districtwide educational improvement plans; `` (iii) give teachers, principals, and administrators the knowledge and skills to provide students with the opportunity to meet challenging State academic content standards and student academic achievement standards; `` (iv) improve classroom management skills ”

“ Applicability to Home Schools.—Nothing in this Act shall be construed to affect a home school, whether or not a home school is treated as a home school or a private school under State law, nor shall any student schooled at home be required to participate in any assessment referenced in this Act. ”

“ State educational agency.—The term `State educational agency' means the agency primarily responsible for the State supervision of public elementary schools and secondary schools. `` (42) Teacher mentoring.—The term `teacher mentoring' means activities that— `` (A) consist of structured guidance and regular and ongoing support for teachers, especially beginning teachers, that— `` (i) are designed to help the teachers continue to improve their practice of teaching and to develop their instructional skills ”

“ Special rule.—Educational services and other benefits provided under this section for private school children, teachers, and other educational personnel shall be equitable in comparison to services and other benefits for public school children, teachers, and other educational personnel participating in the program and shall be provided in a timely manner. ”

“ Native american and native american language.—The terms `Native American' and `Native American language' have the same meaning given those terms in section 103 of the Native American Languages Act of 1990. `` (29) Other staff.—The term `other staff' means pupil services personnel, librarians, career guidance and counseling personnel, education aides, and other instructional and administrative personnel. ”

“ In general.—Upon the filing of a petition, the court shall have jurisdiction to affirm the action of the Secretary or to set the action aside, in whole or in part. `` (B) Judgment.—The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. ”