25 CFR 39 Subpart B Indian School Equalization Formula

§ 39.100

25 CFR Ch. I (4–1–07 Edition)

§ 39.100 What is the Indian School
Equalization Formula?
The Indian School Equalization Formula (ISEF) was established to allocate Indian School Equalization Program (ISEP) funds. OIEP applies ISEF
to determine funding allocation for Bureau-funded schools as described in
§§ 39.204 through 39.206.
§ 39.101 Does ISEF assess the actual
cost of school operations?
No. ISEF does not attempt to assess
the actual cost of school operations either at the local level or in the aggregate at the national level. ISEF provides a method of distribution of funds
appropriated by Congress for all
schools.
BASE AND SUPPLEMENTAL FUNDING
§ 39.102 What is academic base funding?
Academic base funding is the ADM
times the weighted student unit.
§ 39.103 What are the factors used to
determine base funding?
To determine base funding, schools
must use the factors shown in the following table. The school must apply
the appropriate factor to each student
for funding purposes.

Base academic funding factor

Grade level

Kindergarten ........................................
Grades 1–3 .........................................
Grades 4–6 .........................................
Grades 7–8 .........................................
Grades 9–12 .......................................

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Base
residential
funding
factor

1.15
1.38
1.15
1.38
1.5

NA
1.75
1.6
1.6
1.6

§ 39.104 How must a school’s base
funding provide for students with
disabilities?
(a) Each school must provide for students with disabilities by:
(1) Reserving 15 percent of academic
base funding to support special education programs; and
(2) Providing resources through residential base funding to meet the needs
of students with disabilities under the
National Criteria for Home-Living Situations.

(b) A school may spend all or part of
the 15 percent academic base funding
reserved under paragraph (a)(1) of this
section on school-wide programs to
benefit all students (including those
without disabilities) only if the school
can document that it has met all needs
of students with disabilities with such
funds, and after having done so, there
are unspent funds remaining from such
funds.
§ 39.105 Are additional funds available
for special education?
(a) Schools may supplement the 15
percent base academic funding reserved
under § 39.104 for special education with
funds available under part B of the Individuals with Disabilities Education
Act (IDEA). To obtain part B funds, the
school must submit an application to
OIEP. IDEA funds are available only if
the school demonstrates that funds reserved under § 39.104(a) are inadequate
to pay for services needed by all eligible ISEP students with disabilities.
(b) The Bureau will facilitate the delivery of IDEA part B funding by:
(1) Providing technical assistance to
schools in completing the application
for the funds; and
(2) Providing training to Bureau staff
to improve the delivery of part B funds.
§ 39.106 Who is eligible for special education funding?
To receive ISEP special education
funding, a student must be under 22
years old and must not have received a
high school diploma or its equivalent
on the first day of eligible attendance.
The following minimum age requirements also apply:
(a) To be counted as a kindergarten
student, a child must be at least 5
years old by December 31; and
(b) To be counted as a first grade student; a child must be at least 6 years
old by December 31.
§ 39.107 Are schools allotted supplemental funds for special student
and/or school costs?
Yes, schools are allotted supplemental funds for special student and/or
school costs. ISEF provides additional
funds to schools through add-on
weights (called special cost factors).

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Bureau of Indian Affairs, Interior

§ 39.115

ISEF adds special cost factors as shown
in the following table.
Cost Factor

For more information see

Gifted and talented students
Students with language development needs.
Small school size ...................
Geographic isolation of the
school.

§§ 39.110 through 39.121
§§ 39.130 through 39.137
§§ 39.140 through 39.156
§ 39.160

GIFTED AND TALENTED PROGRAMS
§ 39.110 Can ISEF funds be distributed
for the use of gifted and talented
students?
Yes, ISEF funds can be distributed
for the provision of services for gifted
and talented students.
§ 39.111 What does the term gifted and
talented mean?
The term gifted and talented means
students, children, or youth who:
(a) Give evidence of high achievement capability in areas such as intellectual, creative, artistic, or leadership
capacity, or in specific academic fields;
and
(b) Need services or activities not ordinarily provided by the school in order
to fully develop those capabilities.
§ 39.112 What is the limit on the number of students who are gifted and
talented?
There is no limit on the number of
students that a school can classify as
gifted and talented.
§ 39.113 What are the special accountability requirements for the gifted
and talented program?

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If a school identifies more than 13
percent of its student population as
gifted and talented the Bureau will immediately audit the school’s gifted and
talented program to ensure that all
identified students:
(a) Meet the gifted and talented requirement in the regulations; and
(b) Are receiving gifted and talented
services.
§ 39.114 What
characteristics
may
qualify a student as gifted and talented for purposes of supplemental
funding?
To be funded as gifted and talented
under this part, a student must be

identified as gifted and talented in at
least one of the following areas.
(a) Intellectual Ability means scoring
in the top 5 percent on a statistically
valid and reliable measurement tool of
intellectual ability.
(b)
Creativity/Divergent
Thinking
means scoring in the top 5 percent of
performance on a statistically valid
and reliable measurement tool of creativity/divergent thinking.
(c)
Academic
Aptitude/Achievement
means scoring in the top 15 percent of
academic performance in a total subject area score on a statistically valid
and reliable measurement tool of academic achievement/aptitude, or a
standardized assessment, such as an
NRT or CRT.
(d) Leadership means the student is
recognized as possessing the ability to
lead, guide, or influence the actions of
others as measured by objective standards that a reasonable person of the
community
would
believe
demonstrates that the student possess
leadership skills. These standards include evidence from surveys, supportive
documentation
portfolios,
elected or appointed positions in
school, community, clubs and organization, awards documenting leadership
capabilities. No school can identify
more than 15 percent of its student
population as gifted and talented
through the leadership category.
(e) Visual and Performing Arts means
outstanding ability to excel in any
imaginative art form; including, but
not limited to, drawing, printing,
sculpture, jewelry making, music,
dance, speech, debate, or drama as documented from surveys, supportive documentation portfolios, awards from
judged or juried competitions. No
school can identify more than 15 percent of its student population as gifted
and talented through the visual and
performing arts category.
§ 39.115 How are eligible gifted and
talented students identified and
nominated?
(a) Screening can be completed annually to identify potentially eligible students. A student may be nominated for
gifted and talented designation using
the criteria in § 39.114 by any of the following:

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