; or (B) the actual or perceived sexual orientation or gender identity of a person with whom a student associates or has associated. (4) Program or activity The terms program or activity and program have the same meanings given such terms as applied under section 606 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d–4a ) to the operations of public entities under paragraph (2)(B) of such section. (5) Public school The term public school means an elementary school (as the term is defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) that is a public institution, and a secondary school (as so defined) that is a public institution. (6) Sexual orientation The term sexual orientation means homosexuality, heterosexuality, or bisexuality. (7) Student The term student means an individual within the age limits for which the State provides free public education who is enrolled in a public school or who, regardless of official enrollment status, attends classes or participates in the programs or activities of a public school or local educational agency. (b) Rule Consistent with Federal law, in this Act the term includes means includes but is not limited to . 4. Prohibition against discrimination (a) In general No student shall, on the basis of actual or perceived sexual orientation or gender identity of such individual or of a person with whom the student associates or has associated, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. (b) Harassment For purposes of this Act, discrimination includes harassment of a student on the basis of actual or perceived sexual orientation or gender identity of such student or of a person with whom the student associates or has associated. (c) Retaliation prohibited (1) Prohibition No person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination, retaliation, or reprisal under any