Education Amendments to 95-561

PUBLIC LAW 99-228-DEC. 28, 1985

Public Law 99-228
99th Congress

99 STAT. 1747

An Act

To amend title 25, United StatesCode,relating to Indian education programs,and
for other purposes.

Be it enacted by the Senateond House of Representatiuesof the
United Statesof Americo in Congress
ossembleQThat section 1128of
Public Law 95-561 (25 U.S.C. 2008),as amended, is amended by(1) deleting "Indian students" in subsection (aX1) and
substituting in lieu thereof "eligible Indian students"; and
(2) deleting "Indian child" between the words "for each" and
"attending such school", and "for an" and "in public school" in
subsection (b), and substitute in lieu thereof "eligible Indian
student"; and
(3)by adding the following new subsections:
"(f) In this section 'eligible Indian student' meansa student who-"(1) is a member of or is at least a one'fourth degree Indian
blood descendant of a member of an Indian tribe which is
eligible for the special programs and services provided by the
United States through the Bureau of Indian Affairs to Indians
becauseof their status as Indians, and
"(2) resides on or near an lndian reservation or meets the
criteria for attendance at a Bureau off-reservation boarding
school.
"GXl) An eligible Indian student may not be charged tuition for
attendance at a Bureau or contract school. A student attending a
Bureau school under clause (2XC)of this subsection mav not be
chargedtuition.
"(2) The Secretary may permit the attendance at a Bureau
school of a student who is not an eligible Indian student if"(A) the Secretary determines that the student's attendance will not adversely affect the school's program for
eligible Indian students becauseof cost, overcrowding, or
violation of standards,
"(B) the schoolboard consents.and
"(C) the student is a dependent of a Bureau, Indian
Health Service,or tribal government employeewho lives on
or near the schoolsite, or
"(D) a tuition is paid for the student that is not more than
that charged by the nearest public schooldistrict for out-ofdistrict students. The tuition collected is in addition to the
school'sallocation under this section.
"(3) The school board of a contract school may permit students who are not eligible Indian students under this subsection
to attend its contract school and anv tuition collected for those
studentsis in addition to funding unier this section.".

Dec. 28, 1985

ls. 16211
Schools and
colleges.

99 STAT. L748
25USC2008
note.

Repeal.

25 USC320.

PUBLIC LAW 99-228-DEC.28. 1985

otheLnrovision of law notwithstanding, the Secretary
the Interior shall count for funding purposesunder section 112-8
of-Qgc.?.Any
of Public Law 95-561 during the 1985-1986academic year each
student attending a Bureau or contract school during the counr
week for t$t yeqg if thg etudent (a) wqg cou_ntedfor funding
purposesqlde.r sgction 1128for the 1984-1985academicyear and (b'i
is an eligible Indian student under the amendment to section t12g
in section1of this Act.
Snc. 3. Ttre following provisions of law are hereby repealed(1) in the Act of March 1, 1907(ch. 2285,34 Stat. mt5) the
first full paragraph on page 1018(25 U.S.C.288).
(2) in the Act of March 3, 1909(ch. 263,35 Stat. 781)the last
two provisosin the secondfull paragraph on page ?83 (25 U.S.C.
289).
(3) in the Act of May 27,1918(ch. 86, 40 Stat. 561)the third
provisoin the paragraph under the heading "suppoRroF TNDTAN
scn(x)rs" on page 564(25U.S.C.297).".
Approved December28, 1985.

LEGISLATIVE

HISTORY_S.

1621:

SENATE REPORT No. 99-180 (Select Comm. on Indian Affaire).
CONGRESSIONAL RECORD, VoL 131 (1985):
Dec. 13, considered and passed Senate.
Dec. 16, considered and passed House.