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Electronic Code of Federal Regulations

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e-CFR Data is current as of April 16, 2014

TITLE 25—Indians

CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

SUBCHAPTER E—EDUCATION

PART 39—THE INDIAN SCHOOL EQUALIZATION PROGRAM

rule

Subpart A—GENERAL

§39.1
What is the purpose of this part?
§39.2
What definitions apply to terms in this part?
§39.3
Information collection.
rule

Subpart B—INDIAN SCHOOL EQUALIZATION FORMULA

§39.100
What is the Indian School Equalization Formula?
§39.101
Does ISEF assess the actual cost of school operations?

Base and Supplemental Funding

§39.102
What is academic base funding?
§39.103
What are the factors used to determine base funding?
§39.104
How must a school's base funding provide for students with disabilities?
§39.105
Are additional funds available for special education?
§39.106
Who is eligible for special education funding?
§39.107
Are schools allotted supplemental funds for special student and/or school costs?

Gifted and Talented Programs

§39.110
Can ISEF funds be distributed for the use of gifted and talented students?
§39.111
What does the term gifted and talented mean?
§39.112
What is the limit on the number of students who are gifted and talented?
§39.113
What are the special accountability requirements for the gifted and talented program?
§39.114
What characteristics may qualify a student as gifted and talented for purposes of supplemental funding?
§39.115
How are eligible gifted and talented students identified and nominated?
§39.116
How does a school determine who receives gifted and talented services?
§39.117
How does a school provide gifted and talented services for a student?
§39.118
How does a student receive gifted and talented services in subsequent years?
§39.119
When must a student leave a gifted and talented program?
§39.120
How are gifted and talented services provided?
§39.121
What is the WSU for gifted and talented students?

Language Development Programs

§39.130
Can ISEF funds be used for Language Development Programs?
§39.131
What is a Language Development Program?
§39.132
Can a school integrate Language Development programs into its regular instructional program?
§39.133
Who decides how Language Development funds can be used?
§39.134
How does a school identify a Limited English Proficient student?
§39.135
What services must be provided to an LEP student?
§39.136
What is the WSU for Language Development programs?
§39.137
May schools operate a language development program without a specific appropriation from Congress?

Small School Adjustment

§39.140
How does a school qualify for a Small School Adjustment?
§39.141
What is the amount of the Small School Adjustment?
§39.143
What is a small high school?
§39.144
What is the small high school adjustment?
§39.145
Can a school receive both a small school adjustment and a small high school adjustment?
§39.146
Is there an adjustment for small residential programs?

Geographic Isolation Adjustment

§39.160
Does ISEF provide supplemental funding for extraordinary costs related to a school's geographic isolation?
rule

Subpart C—ADMINISTRATIVE PROCEDURES, STUDENT COUNTS, AND VERIFICATIONS

§39.200
What is the purpose of the Indian School Equalization Formula?
§39.201
Does ISEF reflect the actual cost of school operations?
§39.202
What are the definitions of terms used in this subpart?
§39.203
When does OIEP calculate a school's allotment?
§39.204
How does OIEP calculate ADM?
§39.205
How does OIEP calculate a school's total WSUs for the school year?
§39.206
How does OIEP calculate the value of one WSU?
§39.207
How does OIEP determine a school's funding for the school year?
§39.208
How are ISEP funds distributed?
§39.209
When may a school count a student for membership purposes?
§39.210
When must a school drop a student from its membership?
§39.211
What other categories of students can a school count for membership purposes?
§39.212
Can a student be counted as enrolled in more than one school?
§39.213
Will the Bureau fund children being home schooled?
§39.214
What is the minimum number of instructional hours required in order to be considered a full-time educational program?
§39.215
Can a school receive funding for any part-time students?

Residential Programs

§39.216
How does ISEF fund residential programs?
§39.217
How are students counted for the purpose of funding residential services?
§39.218
Are there different formulas for different levels of residential services?
§39.219
What happens if a residential program does not maintain residency levels required by this subpart?
§39.220
What reports must residential programs submit to comply with this subpart?
§39.221
What is a full school month?

Phase-in Period

§39.230
How will the provisions of this subpart be phased in?
rule

Subpart D—ACCOUNTABILITY

§39.401
What is the purpose of this subpart?
§39.402
What definitions apply to terms used in this subpart?
§39.403
What certification is required?
§39.404
What is the certification and verification process?
§39.405
How will verifications be conducted?
§39.406
What documentation must the school maintain for additional services it provides?
§39.407
How long must a school maintain records?
§39.408
What are the responsibilities of administrative officials?
§39.409
How does the OIEP Director ensure accountability?
§39.410
What qualifications must an audit firm meet to be considered for auditing ISEP administration?
§39.411
How will the auditor report its findings?
§39.412
What sanctions apply for failure to comply with this subpart?
§39.413
Can a school appeal the verification of the count?
rule

Subpart E—CONTINGENCY FUND

§39.500
What emergency and contingency funds are available?
§39.501
What is an emergency or unforeseen contingency?
§39.502
How does a school apply for contingency funds?
§39.503
How can a school use contingency funds?
§39.504
May schools carry over contingency funds to a subsequent fiscal year?
§39.505
What are the reporting requirements for the use of the contingency fund?
rule

Subpart F—SCHOOL BOARD TRAINING EXPENSES

§39.600
Are Bureau-operated school board expenses funded by ISEP limited?
§39.601
Is school board training for Bureau-operated schools considered a school board expense subject to the limitation?
§39.603
Is school board training required for all Bureau-funded schools?
§39.604
Is there a separate weight for school board training at Bureau-operated schools?
rule

Subpart G—STUDENT TRANSPORTATION

§39.700
What is the purpose of this subpart?
§39.701
What definitions apply to terms used in this subpart?

Eligibility for Funds

§39.702
Can a school receive funds to transport residential students using commercial transportation?
§39.703
What ground transportation costs are covered for students traveling by commercial transportation?
§39.704
Are schools eligible to receive chaperone expenses to transport residential students?
§39.705
Are schools eligible for transportation funds to transport special education students?
§39.706
Are peripheral dormitories eligible for day transportation funds?
§39.707
Which student transportation expenses are currently not eligible for Student Transportation Funding?
§39.708
Are miles generated by non-ISEP eligible students eligible for transportation funding?

Calculating Transportation Miles

§39.710
How does a school calculate annual bus transportation miles for day students?
§39.711
How does a school calculate annual bus transportation miles for residential students?

Reporting Requirements

§39.720
Why are there different reporting requirements for transportation data?
§39.721
What transportation information must off-reservation boarding schools report?
§39.722
What transportation information must day schools, on-reservation boarding schools and peripheral dormitory schools report?

Miscellaneous Provisions

§39.730
Which standards must student transportation vehicles meet?
§39.731
Can transportation time be used as instruction time for day school students?
§39.732
How does OIEP allocate transportation funds to schools?
rule

Subpart H—DETERMINING THE AMOUNT NECESSARY TO SUSTAIN AN ACADEMIC OR RESIDENTIAL PROGRAM

§39.801
What is the formula to determine the amount necessary to sustain a school's academic or residential program?
§39.802
What is the student unit value in the formula?
§39.803
What is a weighted student unit in the formula?
§39.804
How is the SUIV calculated?
§39.805
What was the student unit for instruction value (SUIV) for the school year 1999-2000?
§39.806
How is the SURV calculated?
§39.807
How will the Student Unit Value be adjusted annually?
§39.808
What definitions apply to this subpart?
§39.809
Information collection.
rule

Subpart I—INTERIM MAINTENANCE AND MINOR REPAIR FUND

§39.900
Establishment and funding of an Interim Maintenance and Minor Repair Fund.
§39.901
Conditions for distribution.
§39.902
Allocation.
§39.903
Use of funds.
§39.904
Limitations.
rule

Subpart J—ADMINISTRATIVE COST FORMULA

§39.1000
Purpose and scope.
§39.1001
Definitions.
§39.1002
Allotment of education administrative funds.
§39.1003
Allotment exception for FY 1991.
rule

Subpart K—PRE-KINDERGARTEN PROGRAMS

§39.1100
Interim fiscal year 1980 and fiscal year 1981 funding for pre-kindergarten programs previously funded by the Bureau.
§39.1101
Addition of pre-kindergarten as a weight factor to the Indian School Equalization Formula in fiscal year 1982.
rule

Subpart L—CONTRACT SCHOOL OPERATION AND MAINTENANCE FUND

§39.1200
Definitions.
§39.1201
Establishment of an interim fiscal year 1980 operation and maintenance fund for contract schools.
§39.1202
Distribution of funds.
§39.1203
Future consideration of contract school operation and maintenance funding.


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