25 CFR 39 Subpart C Admin Procedures, Student Counts & Verifications (cont)

§ 39.219

25 CFR Ch. I (4–1–07 Edition)

(b) In order to qualify for residential
services funding under paragraph (a)(2)
of this section, a school must document that at least 10 percent of residents are present on 3 of the 4 weekends during the count period.
(c) At least 50 percent of the residency levels established during the
count period must be maintained every
month for the remainder of the school
year.
(d) A school may obtain waivers from
the requirements of this section if
there are health or safety justifications.

does not maintain 25 percent of the
residency shown in its submitted calendar, the school will lose one-tenth of
its current year allocation.

§ 39.219 What happens if a residential
program does not maintain residency levels required by this subpart?
Each school must maintain its declared nights of service per week as
certified in its submitted school calendar. For each month that a school

§ 39.221

§ 39.220 What reports must residential
programs submit to comply with
this subpart?
Residential programs must report
their monthly counts to the Director
on the last school day of the month. To
be counted, a student must have been
in residence at least 10 nights during
each full school month.
What is a full school month?

A full school month is each 30-day period following the first day that residential services are provided to students based on the school residential
calendar.
PHASE-IN PERIOD

§ 39.230 How will the provisions of this subpart be phased in?
The calculation of the three-year rolling average of ADM for each school and
for the entire Bureau-funded school system will be phased-in as shown in the following table.
Time period

How OIEP must calculate ADM

(a) First school year after May 31, 2005 .....................................

Use the prior 3 years’ count period to create membership for
funding purposes
(1) The academic program will use the previous year’s ADM
school year and the 2 prior years’ count periods; and
(2) The residential program will use the previous year’s count
period and the 2 prior years’ count weeks
Add one year of ADM or count period and drop one year of
prior count weeks until both systems are operating on a 3year rolling average using the previous 3 years’ count after
period or ADM, respectively.

(b) Second school year after May 31, 2005 ...............................

(c) Each succeeding school year after May 31, 2005 ................

Subpart D—Accountability

§ 39.402 What definitions apply
terms used in this subpart?

SOURCE: 70 FR 22205, Apr. 28, 2005, unless
otherwise noted.

cprice-sewell on PROD1PC66 with CFR

§ 39.401 What is the purpose of this
subpart?
The purpose of this subpart is to ensure accountability of administrative
officials by creating procedures that
are systematic and can be verified by a
random independent outside auditing
procedures. These procedures will ensure the equitable distribution of funds
among schools.

Administrative officials means any persons responsible for managing and operating a school, including the school
supervisor, the chief school administrator, tribal officials, Education Line
Officers, and the Director, OIEP.
Director means the Director of the Office of Indian Education Programs of
the Bureau of Indian Affairs.
Education Line Officer means the Bureau official in charge of Bureau education programs and functions in an
Agency who reports to the Director.

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