[Code of Federal Regulations]
[Title 25, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 25CFR39.17]

[Page 178-179]
 
                            TITLE 25--INDIANS
 
     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
 
PART 39--THE INDIAN SCHOOL EQUALIZATION PROGRAM--Table of Contents
 
            Subpart B--The Indian School Equalization Formula
 
Sec. 39.17  Comparability with public schools.

    (a) In no case shall a Bureau or contract school attended by an 
Indian student receive less under these regulations than the average 
payment from

[[Page 179]]

the Federal funds received per Indian student, under other provisions of 
law, by the public school district in which the student resides. Any 
school which is funded at a lower level per student under the ISEP than 
either the average daily expenditure per student for instructional costs 
in the public schools in the State in which it is located, or the amount 
per Indian student which the local public school district in which it is 
located receives from all Federal funding sources, shall present 
documentation of this fact to the Director of the Office of Indian 
Education Programs.
    (b) Upon verification that comparisons in the documentation received 
cover comparative expenditures, and that the inequity indeed exists, the 
Director shall adjust the school's allocation to equal the payment per-
Indian student of the public school district or State involved.
    (c) Funds for such adjustment shall be taken from the Formula 
Implementation Set Aside established under Sec. 39.78 of these 
regulations.