; and (C) evaluate the written confirmation submitted under subparagraph (B)(ii) and make a final determination with respect to whether the school is in compliance with subsection (b). (d) Federal funds If the Secretary makes a final determination under subsection (c)(3)(C) that an elementary school is not in compliance with subsection (b), no funds under an applicable program may be provided to such school for the school year immediately following the school year in which such school is determined to be out of compliance. (e) Definitions In this section: (1) Applicable program The term applicable program has the meaning given the term in section 400(c) of the General Education Provisions Act ( 20 U.S.C. 1221(c) ). (2) Biological sex The term biological sex means the biological indication of male or female in the context of reproductive potential or capacity, including sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth. (3) ESEA terms The terms elementary school and parent have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (4) Gender identity The term gender identity means an individual’s perception of their own gender or claimed gender, regardless of the biological sex of the individual. (5) Lesson The term lesson means a planned and structured period of learning. (6) Secretary The term Secretary means the Secretary of Education. (7) Sexual orientation The term sexual orientation means an individual’s actual or perceived romantic, physical or sexual attraction to other individuals, or lack thereof, on the basis of gender. (8) Transgender individual The term transgender individual means an individual whose gender identity or behavior does not conform to that typically associated with the biological sex of the individual. (9) Transgender studies The term transgender studies means the study of transgender individuals.