25 CFR 39 Supart D Accountability

Bureau of Indian Affairs, Interior

§ 39.406

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§ 39.403 What certification is required?
(a) Each school must maintain an individual file on each student receiving
basic educational and supplemental
services. The file must contain written
documentation of the following:
(1) Each student’s eligibility and attendance records;
(2) A complete listing of all supplemental services provided, including all
necessary documentation required by
statute and regulations (e.g., a current
and complete Individual Education
Plan for each student receiving supplemental services); and
(3) Documentation of expenditures
and program delivery for student
transportation to and from school provided by commercial carriers.
(b) The School must maintain the
following files in a central location:
(1) The school’s ADM and supplemental program counts and residential
count;
(2) Transportation related documentation, such as school bus mileage,
bus routes;
(3) A list of students transported to
and from school;
(4) An electronic student count program or database;
(5) Class record books;
(6) Supplemental program class
record books;
(7) For residential programs, residential student attendance documentation;
(8) Evidence of teacher certification;
and
(9) The school’s accreditation certificate.
(c) The Director must maintain a
record of required certifications for
ELOs, specialists, and school superintendents in a central location.
§ 39.404 What is the certification and
verification process?
(a) Each school must:
(1) Certify that the files required by
§ 39.403 are complete and accurate; and
(2) Compile a student roster that includes a complete list of all students
by grade, days of attendance, and supplemental services.
(b) The chief school administrator
and the president of the school board
are responsible for certifying the
school’s ADM and residential count is

true and accurate to the best of their
knowledge or belief and is supported by
appropriate documentation.
(c) OIEP’s education line officer
(ELO) will annually review the following to verify that the information
is true and accurate and is supported
by program documentation:
(1) The eligibility of every student;
(2) The school’s ADM and supplemental program counts and residential
count;
(3) Evidence of accreditation;
(4) Documentation for all provided
basic and supplemental services, including all necessary documentation
required by statute and regulations
(e.g., a current and complete Individual
Education Plan for each student receiving supplemental services); and
(5) Documentation required by subpart G of this part for student transportation to and from school provided
by commercial carriers.
§ 39.405 How will verifications be conducted?
The eligibility of every student shall
be verified. The ELO will take a random sampling of five days with a minimum of one day per grading period to
verify the information in § 39.404(c).
The ELO will verify the count for the
count period and verify residency during the remainder of the year.
§ 39.406 What documentation must the
school maintain for additional services it provides?
Every school must maintain a file on
each student receiving additional services.
(Additional
services
include
homebound services, institutional services, distance courses, Internet courses
or college services.) The school must
certify, and its records must show,
that:
(a) Each homebound or institutionalized student is receiving 5 contact
hours each week by certified educational personnel;
(b) Each student taking college, distance or internet courses is in physical
attendance at the school for at least 3
certified contact hours per day.

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