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128 STAT. 2000 PUBLIC LAW 113–186—NOV. 19, 2014 ‘‘(ii) WAIVER.—The Secretary shall waive the limitation described in clause (i) if— ‘‘(I) the Secretary determines that the decrease in the level of child care services provided by the Indian tribe or tribal organization is temporary; and ‘‘(II) the Indian tribe or tribal organization submits to the Secretary a plan that demonstrates that after the date on which the construction or renovation is completed— ‘‘(aa) the level of child care services will increase; or ‘‘(bb) the quality of child care services will improve.’’. SEC. 10. DEFINITIONS. Section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n) is amended— (1) by striking paragraph (4) and inserting the following: ‘‘(3) CHILD WITH A DISABILITY.—The term ‘child with a disability’ means— ‘‘(A) a child with a disability, as defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401); ‘‘(B) a child who is eligible for early intervention serv- ices under part C of the Individuals with Disabilities Edu- cation Act (20 U.S.C. 1431 et seq.); ‘‘(C) a child who is less than 13 years of age and who is eligible for services under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); and ‘‘(D) a child with a disability, as defined by the State involved. ‘‘(4) ELIGIBLE CHILD.—The term ‘eligible child’ means an individual— ‘‘(A) who is less than 13 years of age; ‘‘(B) whose family income does not exceed 85 percent of the State median income for a family of the same size, and whose family assets do not exceed $1,000,000 (as cer- tified by a member of such family); and ‘‘(C) who— ‘‘(i) resides with a parent or parents who are working or attending a job training or educational program; or ‘‘(ii) is receiving, or needs to receive, protective services and resides with a parent or parents not described in clause (i).’’; (2) by redesignating paragraphs (5) through (9) as para- graphs (6) through (10), respectively; (3) by inserting after paragraph (4), the following: ‘‘(5) ENGLISH LEARNER.—The term ‘English learner’ means an individual who is limited English proficient, as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) or section 637 of the Head Start Act (42 U.S.C. 9832).’’; (4) in paragraph (6)(A), as redesignated by paragraph (2)— (A) in clause (i), by striking ‘‘section 658E(c)(2)(E)’’ and inserting ‘‘section 658E(c)(2)(F)’’; and Plan. Determination. VerDate Sep 11 2014 13:40 Nov 10, 2020 Jkt 039194 PO 00002 Frm 00576 Fmt 6580 Sfmt 6581 G:\GSDD\STATUTES\2014\PT2\39194PT2.001 39194PT2 dkrause on LAP5T8D0R2PROD with DISTILLER (1)