According to 34 CFR 400.4 (b) [Title 34 – Education; Subtitle B -- Regulations of the Offices of the Department of Education; Chapter IV -- Office of Vocational and Adult Education, Department of Education; Part 400 -- Vocational and Applied Technology Education Programs -- General Provisions], the term economically disadvantaged family or individual means “a family or individual that is --
(1) Eligible for any of the following:
(i) The program for Aid to Families with Dependent Children under part A of title IV of the Social Security Act (42 U.S.C. 601).
(ii) Benefits under the Food Stamp Act of 1977 (7 U.S.C. 2011).
(iii) To be counted for purposes of section 1005 of chapter 1 of title I of the Elementary and Secondary Education Act of 1965, as amended (chapter 1) (20 U.S.C. 2701).
(iv) The free or reduced-price meals program under the National School Lunch Act (42 U.S.C. 1751).
NOTE TO PARAGRAPH (1)(iv): The National School Lunch Act prohibits the identification of students by name. However, State and local projects may use the total number of students participating in a free or reduced-priced meals program to determine eligibility for projects, services, and activities under the Vocational and Applied Technology Education Programs.
(v) Participation in programs assisted under title II of the JTPA.
(2) In receipt of a Pell grant of assistance under a comparable State program of need-based financial assistance.
(3) Determined by the Secretary to be low-income according to the latest available data from the Department of Commerce or the Department of Health and Human Services Poverty Guidelines.
(4) Identified as low income according to other indices of economic status, including estimates of those indices, if a grantee demonstrates to the satisfaction of the Secretary that those indices are more representative of the number of economically disadvantaged students attending vocational education programs. The Secretary determines on a case-by-case basis, whether other indices of economic status are more representative of the number of economically disadvantaged students attending vocational education programs, taking into consideration, for example, the statistical reliability of any data submitted by a grantee as well as the general acceptance of the indices by other agencies in the State or local area.”
(Authority: 20 U.S.C. 2341(d)(3))