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

§ 39.136

25 CFR Ch. I (4–1–07 Edition)

(a) Become proficient in English and,
to the extent possible, proficient in
their Native language; and
(b) Meet the same challenging academic content and student academic
achievement standards that all students are expected to meet under 20
U.S.C. 6311(b)(1).
§ 39.136 What is the WSU for Language
Development programs?
Language Development programs are
funded at 0.13 WSUs per student.
§ 39.137 May schools operate a language development program without a specific appropriation from
Congress?
Yes, a school may operate a language
development program without a specific appropriation from Congress, but
any funds used for such a program
must come from existing ISEP funds.
When Congress specifically appropriates funds for Indian or Native languages, the factor to support the language development program will be no
more than 0.25 WSU.
SMALL SCHOOL ADJUSTMENT
§ 39.140 How does a school qualify for
a Small School Adjustment?
A school will receive a small school
adjustment if either:
(a) Its average daily membership
(ADM) is less than 100 students; or
(b) It serves lower grades and has a
diploma-awarding high school component with an average instructional
daily membership of less than 100 students.
ADM of high school
component

50
51
50
51

or fewer students ........................
to 99 students .............................
or fewer students ........................
to 99 students .............................

§ 39.141 What is the amount of the
Small School Adjustment?
(a) A school with a 3-year ADM of 50
or fewer students will receive an adjustment equivalent to an additional
12.5 base WSU; or
(b) A school with a 3-year ADM of 51
to 99 students will use the following
formula to determine the number of
WSU for its adjustment. With X being
the ADM, the formula is as follows:
WSU adjustment = ((100¥X)/200)*X

§ 39.143 What is a small high school?
For purposes of this part, a small
high school:
(a) Is accredited under 25 U.S.C.
2001(b);
(b) Is staffed with highly qualified
teachers;
(c) Operates any combination of
grades 9 through 12;
(d) Offers high school diplomas; and
(e) Has an ADM of fewer than 100 students.
§ 39.144 What is the small high school
adjustment?
(a) The small high school adjustment
is a WSU adjustment given to a small
high school that meets both of the following criteria:
(1) It has a 3-year average daily membership (ADM) of less than 100 students; and
(2) It operates as part of a school that
during the 2003–04 school year also included lower grades.
(b) The following table shows the
WSU adjustment given to small high
schools. In the table, ‘‘X’’ stands for
the ADM.
School receives
a component
small school adjustment under
§ 39.141

Amount of small high school adjustment

6.25 base WSU .......................................................................................
determined using the following formula: WSU = ((100–X)/200)*X/2 ......
12.5 base WSU .......................................................................................
determined using the following formula: WSU = ((100–X)/200)*X .........

Yes.
Yes.
No.
No.

cprice-sewell on PROD1PC66 with CFR

§ 39.145 Can a school receive both a small school adjustment and a small high
school adjustment?
A school that meets the criteria in § 39.140 can receive both a small school adjustment and a small high school adjustment. The following table shows the total
amount of adjustments for eligible schools by average daily membership (ADM)
category.

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Bureau of Indian Affairs, Interior

§ 39.204
ADM—high
school
component

ADM—entire school
1–50 ......................................................................................
1–50 ......................................................................................
51–99 ....................................................................................
51–99 ....................................................................................
99 ..........................................................................................
99 ..........................................................................................

NA
1–50
1–50
51–99
1–50
51–99

Small school
adjustment

Small high
school
adjustment

12.5
12.5
2 12.5–0.5
1 12.5–0.5

0.5
0.5

Total
adjustment

NA
6.25
6.25
2 6.25–0.25
12.5
2 12.5–0.5

12.5
18.75
18.75–6.75
18.75–0.7
12.5
12.5–0.5

1 The amount of the adjustment is within this range. The exact figure depends upon the results obtained using the formula in
§ 39.141.
2 The amount of the adjustment is within this range. The exact figure depends upon the results obtained using the formula in
§ 39.144.

§ 39.146 Is there an adjustment for small residential programs?
In order to compensate for the additional costs of operating a small residential
program, OIEP will add to the total WSUs of each qualifying school as shown in
the following table:
Type of residential program

Number of WSUs added

Residential student count of 50 or fewer ISEP-eligible students
Residential student count of between 51 and 99 ISEP-eligible
students.

12.5.
Determined by the formula ((100-X)/200))X, where X equals
the residential student count.

GEOGRAPHIC ISOLATION ADJUSTMENT

§ 39.202 What are the definitions of
terms used in this subpart?

§ 39.160 Does ISEF provide supplemental funding for extraordinary
costs related to a school’s geographic isolation?
Yes. Havasupai Elementary School,
for as long as it remains in its present
location, will be awarded an additional
cost factor of 12.5 WSU.

Subpart C—Administrative Procedures, Student Counts, and
Verifications
SOURCE: 70 FR 22205, Apr. 28, 2005, unless
otherwise noted.

§ 39.200 What is the purpose of the Indian School Equalization Formula?
OIEP uses the Indian School Equalization Formula (ISEF) to distribute Indian School Equalization Program
(ISEP) appropriations equitably to Bureau-funded schools.

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§ 39.201 Does ISEF reflect the actual
cost of school operations?
ISEF does not attempt to assess the
actual cost of school operations either
at the local school level or in the aggregate nationally. ISEF is a relative
distribution of available funds at the
local school level by comparison with
all other Bureau-funded schools.

Homebound means a student who is
educated outside the classroom.
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.
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.
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.
§ 39.203 When does OIEP calculate a
school’s allotment?
OIEP calculates a school’s allotment
no later than July 1. Schools must submit final ADM enrollment figures no
later than June 15.
§ 39.204 How
ADM?

does

OIEP

calculate

OIEP calculates ADM by:
(a) Adding the total enrollment figures from periodic reports received
from each Bureau-funded school; and

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