25 CFR 39 Subpart B Indian School Equalization Formula (cont)

Bureau of Indian Affairs, Interior

§ 39.135

(b) If a school identifies a student as
gifted and talented based on § 39.114 (d)
or (e), the student must be reevaluated
annually for the gifted and talented
program.
§ 39.119 When must a student leave a
gifted and talented program?
A student must leave the gifted and
talented program when either:
(a) The student has received all of
the available services that can meet
the student’s needs;
(b) The student no longer meets the
criteria that have qualified him or her
for the program; or
(c) The parent or guardian removes
the student from the program.
§ 39.120 How are gifted and talented
services provided?
In providing services under this section, the school must:
(a) Provide a variety of programming
services to meet the needs of the students;
(b) Provide the type and duration of
services identified in the Individual
Education Plan established for each
student; and
(c) Maintain individual student files
to provide documentation of process
and services; and
(d) Maintain confidentiality of student records under the Family Educational Rights and Privacy Act
(FERPA).
§ 39.121 What is the WSU for gifted
and talented students?
The WSU for a gifted and talented
student is the base academic weight
(see § 39.103) subtracted from 2.0. The
following table shows the gifted and
talented weights obtained using this
procedure.
Gifted and
talented
WSU

Grade level

cprice-sewell on PROD1PC66 with CFR

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

0.85
0.62
0.85
0.62
0.50

LANGUAGE DEVELOPMENT PROGRAMS
§ 39.130 Can ISEF funds be used for
Language Development Programs?
Yes, schools can use ISEF funds to
implement Language Development programs that demonstrate the positive
effects of Native language programs on
students’ academic success and English
proficiency. Funds can be distributed
to a total aggregate instructional
weight of 0.13 for each eligible student.
§ 39.131 What is a Language Development Program?
A Language Development program is
one that serves students who either:
(a) Are not proficient in spoken or
written English;
(b) Are not proficient in any language;
(c) Are learning their Native language for the purpose of maintenance
or language restoration and enhancement;
(d) Are being instructed in their Native language; or
(e) Are learning non-language subjects in their Native language.
§ 39.132 Can a school integrate Language Development programs into
its regular instructional program?
A school may offer Language Development programs to students as part of
its regular academic program. Language Development does not have to be
offered as a stand-alone program.
§ 39.133 Who decides how Language
Development funds can be used?
Tribal governing bodies or local
school boards decide how their funds
for Language Development programs
will be used in the instructional program to meet the needs of their students.
§ 39.134 How does a school identify a
Limited English Proficient student?
A student is identified as limited
English proficient (LEP) by using a nationally recognized scientifically research-based test.
§ 39.135 What services must be provided to an LEP student?
A school must provide services that
assist each LEP student to:

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