25 CFR 39 Subpart A - General

Bureau of Indian Affairs, Interior

§ 39.2

39.1101 Addition of pre-kindergarten as a
weight factor to the Indian School
Equalization Formula in fiscal year 1982.

Subpart L—Contract School Operation and
Maintenance Fund
39.1200 Definitions.
39.1201 Establishment of an interim fiscal
year 1980 operation and maintenance
fund for contract schools.
39.1202 Distribution of funds.
39.1203 Future consideration of contract
school operation and maintenance funding.
AUTHORITY: 25 U.S.C. 13, 2008; Public Law
107–110, 115 Stat. 1425.
SOURCE: 44 FR 61864, Oct. 26, 1979, unless
otherwise noted. Redesignated at 47 FR 13327,
Mar. 30, 1982.

Subpart A—General
SOURCE: 70 FR 22205, Apr. 28, 2005, unless
otherwise noted.

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§ 39.1 What is the purpose of this part?
This part provides for the uniform direct funding of Bureau-operated and
tribally operated day schools, boarding
schools, and dormitories. This part applies to all schools, dormitories, and
administrative units that are funded
through the Indian School Equalization Program of the Bureau of Indian
Affairs.
§ 39.2 What definitions apply to terms
in this part?
Act means the No Child Left Behind
Act, Public Law 107–110, enacted January 8, 2002. The No Child Left Behind
Act reauthorizes and amends the Elementary and Secondary Education Act
(ESEA) and the amended Education
Amendments of 1978.
Agency means an organizational unit
of the Bureau which provides direct
services to the governing body or bodies and members of one or more specified Indian Tribes. The term includes
Bureau Area Offices only with respect
to off-reservation boarding schools administered directly by such Offices.
Agency school board means a body,
the members of which are appointed by
the school boards of the schools located
within such agency, and the number of
such members shall be determined by
the Director in consultation with the

affected tribes, except that, in agencies
serving a single school, the school
board of such school shall fulfill these
duties.
Assistant Secretary means the Assistant Secretary of Indian Affairs, Department of the Interior, or his or her
designee.
At no cost means provided without
charge, but does not preclude incidental fees normally charged to nondisabled students or their parents as a
part of the regular education program.
Average Daily Membership (ADM)
means the aggregated ISEP-eligible
membership of a school for a school
year, divided by the number of school
days in the school’s submitted calendar.
Basic program means the instructional program provided to all students
at any age level exclusive of any supplemental programs that are not provided to all students in day or boarding
schools.
Basic transportation miles means the
daily average of all bus miles logged
for round trip home-to-school transportation of day students.
Bureau means the Bureau of Indian
Affairs in the Department of the Interior.
Bureau-funded school means
(1) Bureau school;
(2) A contract or grant school; or
(3) A school for which assistance is
provided under the Tribally Controlled
Schools Act of 1988.
Bureau school means a Bureau-operated elementary or secondary day or
boarding school or a Bureau-operated
dormitory for students attending a
school other than a Bureau school.
Count Week means the last full week
in September during which schools
count their student enrollment for
ISEP purposes.
Director means the Director of the Office of Indian Education Programs in
the Bureau of Indian Affairs or a designee.
Education Line Officer means the Bureau official in charge of Bureau education programs and functions in an
Agency who reports to the Director.
Eligible Indian student means a student who:
(1) Is a member of, or is at least onefourth degree Indian blood descendant

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§ 39.2

25 CFR Ch. I (4–1–07 Edition)

of a member of, a tribe that is eligible
for the special programs and services
provided by the United States through
the Bureau of Indian Affairs to Indians
because of their status as Indians;
(2) Resides on or near a reservation
or meets the criteria for attendance at
a Bureau off-reservation home-living
school; and
(3) Is enrolled in a Bureau-funded
school.
Home schooled means a student who is
not enrolled in a school and is receiving educational services at home at the
parent’s or guardian’s initiative.
Homebound means a student who is
educated outside the classroom.
Individual supplemental services means
non-base academic services provided to
eligible students. Individual supplemental services that are funded by additional WSUs are gifted and talented
or language development services.
ISEP means the Indian School
Equalization Program.
Limited English Proficient (LEP) means
a child from a language background
other than English who needs language
assistance in his/her own language or
in English in the schools. This child
has sufficient difficulty speaking, writing, or understanding English to deny
him/her the opportunity to learn successfully in English-only classrooms
and meets one or more of the following
conditions:
(1) The child was born outside of the
United States or the child’s Native language is not English;
(2) The child comes from an environment where a language other than
English is dominant; or
(3) The child is an American Indian
or Alaska Native and comes from an
environment where a language other
than English has had a significant impact on the child’s level of English language proficiency.
Local School Board means a body chosen in accordance with the laws of the
tribe to be served or, in the absence of
such laws, elected by the parents of the
Indian children attending the school.
For a school serving a substantial
number of students from different
tribes:
(1) The members of the local school
board shall be appointed by the tribal
governing bodies affected; and

(2) The Secretary shall determine
number of members in consultation
with the affected tribes.
OIEP means the Office of Indian Education Programs in the Bureau of Indian Affairs.
Physical education means the development of physical and motor fitness,
fundamental motor skills and patterns,
and skills in aquatics, dance, and individual and group games and sports (including
intramural
and
lifetime
sports). The term includes special
physical education, adapted physical
education, movement education, and
motor development.
Resident means a student who is residing at a boarding school or dormitory during the weeks when student
membership counts are conducted and
is either:
(1) A member of the instructional
program in the same boarding school in
which the student is counted as a resident; or
(2) Enrolled in and a current member
of a public school or another Bureaufunded school.
Residential program means a program
that provides room and board in a
boarding school or dormitory to residents who are either:
(1) Enrolled in and are current members of a public school or Bureau-funded school; or
(2) Members of the instructional program in the same boarding school in
which they are counted as residents
and:
(i) Are officially enrolled in the residential program of a Bureau-operated
or -funded school; and
(ii) Are actually receiving supplemental services provided to all students who are provided room and board
in a boarding school or a dormitory.
Secretary means the Secretary of the
Interior or a designated representative.
School means a school funded by the
Bureau of Indian Affairs. The term
‘‘school’’ does not include public, charter, or private schools.
School bus means a passenger vehicle
that is:
(1) Used to transport day students to
and/or from home and the school; and
(2) Operated by an operator in the
employ of, or under contract to, a Bureau-funded school, who is qualified to

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Bureau of Indian Affairs, Interior

§ 39.3

operate such a vehicle under Tribal,
State or Federal regulations governing
the transportation of students.
School day means a day as defined by
the submitted school calendar, as long
as annual instructional hours are as
they are reflected in § 39.213, excluding
passing time, lunch, recess, and breaks.
Special education means:
(1) Specially designed instruction, at
no cost to the parents, to meet the
unique needs of a child with a disability, including:
(i) Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and
(ii) Instruction in physical education.
(2) The term includes each of the following, if it meets the requirements of
paragraph (1) of this definition:
(i) Speech-language pathology services, or any other related service, if the
service is considered special education
rather than a related service under
State standards;
(1) Travel training; and
(2) Vocational education.
Specially designed instruction means
adapting, as appropriate, to the needs
of an eligible child under this part, the
content, methodology, or delivery or
instruction:
(1) To address the unique needs of the
child that result from the child’s disability; and
(2) To ensure access of the child to
the general curriculum, so that he or
she can meet the educational standards
within the jurisdiction of the public
agency that apply to all children
Three-year average means:
(1) For academic programs, the average daily membership of the 3 years before the current year of operation; and
(2) For the residential programs, the
count period membership of the 3 years
before the current year of operation.
Travel training means providing instruction, as appropriate, to children
with significant cognitive disabilities,
and any other children with disabilities
who require this instruction, to enable
them to:
(1) Develop an awareness of the environment in which they live; and
(2) Learn the skills necessary to
move efficiently and safely from place
to place within that environment (e.g.,

in school, in the home, at work, and in
the community).
Tribally operated school means an elementary school, secondary school, or
dormitory that receives financial assistance for its operation under a contract, grant, or agreement with the Bureau under section 102, 103(a), or 208 of
25 U.S.C. 450 et seq., or under the Tribally Controlled Schools Act of 1988.
Vocational education means organized
educational programs that are directly
related to the preparation of individuals for paid or unpaid employment, or
for additional preparation for a career
requiring other than a baccalaureate or
advanced degree.
Unimproved
roads
means
unengineered earth roads that do not
have adequate gravel or other aggregate surface materials applied and do
not have drainage ditches or shoulders.
Weighted Student Unit means:
(1) The measure of student membership adjusted by the weights or ratios
used as factors in the Indian School
Equalization Formula; and
(2) The factor used to adjust the
weighted student count at any school
as the result of other adjustments
made under this part.
§ 39.3

Information collection.

Notwithstanding any other provision
of law, no person is required to respond
to, nor shall any person be subject to a
penalty for failure to comply with a
collection of information, subject to
the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of
information displays a currently valid
Office of Management and Budget
(OMB) Control Number. This part contains in §§ 39.410 and 39.502 collections
of information subject to the PRA.
These collections have been approved
by OMB under control number 1076–
0163.

Subpart B—Indian School
Equalization Formula
SOURCE: 70 FR 22205, Apr. 28, 2005, unless
otherwise noted.

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