[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR39.2] [Page 171-173] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 39--THE INDIAN SCHOOL EQUALIZATION PROGRAM--Table of Contents Subpart A--General Sec. 39.2 Definitions. Assistance under this rule is subject to the following definitions and requirements relating to fiscal and administrative matters. Definitions of terms that are used throughout the part are included in this subpart. As used in this part, the term: (a) Agency means an organizational unit of the Bureau which provides direct services to the governing body or bodies and members of one or more specified Indian Tribes. The term includes Bureau Area Offices only with respect to off-reservation boarding schools administered directly by such Offices. (b) Agency school board means a body, the members of which are appointed by the school boards of the schools located within such agency, and the number of such members shall be determined by the Director in consultation with the affected tribes, except that, in Agencies serving a single school, the school board of such school shall fulfill these duties. (c) Agency Superintendent of Education or Superintendent means the Bureau official in charge of Bureau education programs and functions in an Agency who reports to the Director. (d) Area Director for Education means the Bureau official in charge of Bureau Education programs and functions in a Bureau Area Office and who reports to the Director. (e) Assistant Secretary means the Assistant Secretary of Indian Affairs, Department of the Interior, or his or her designee. (f) Average daily membership or ADM means the average of the actual membership in the school, for each student classification given separate weightings in the formula. Only those [[Page 172]] eligible students shall be counted as members who are: (1) Listed on the current roll of the school counting them during the count week; (2) Not listed as enrolled in any other school during the same period; and (3) In actual attendance at the school counting them at least one full day during the count week in which they are counted. (g) Bureau means the Bureau of Indian Affairs of the Department of the Interior. (h) Decision of record means a formal written confirmation of a voted action by a school board during a formally constituted school board meeting. (i) Director means the Director of the Office of Indian Education Programs for the Bureau of Indian Affairs, or his or her designee. (j) Eligible student means an Indian student properly enrolled in a Bureau school or dormitory, or a tribally operated school or dormitory funded by the Bureau, who meets the applicable entry criteria for the program(s) in which he or she is enrolled. (k) Entitlement means that amount of funds generated by the Indian School Equalization Formula for the operational support of each school. (l) Advice of allotment means the formula written document advising a school or an administrative office of its entitlement under the formula. The advice of allotment conveys legal authority to obligate and expend funds in a given fiscal year. (m) Allotment means the amount of the obligational authority conveyed to a given school or Bureau administrative office by its advice of allotment in a given fiscal year. (n) Indian means a person who is a member of an Indian tribe. (o) Indian Tribe means any Indian tribe, band, nation, rancheria, pueblo, colony or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (p) Program means each or any subset of the Indian School Equalization Program (ISEP), but not the ISEP itself, for which a separately computable dollar amount may be generated by a school. Each program classification is a cost account in an accounting system. The following accounting programs are those established by this part: (1) Instructional costs; (2) Boarding costs; (3) Dormitory costs; (4) Bilingual instruction costs; (5) Exceptional child education costs; (6) Intense residential guidance costs; (7) Student transportation fund costs; (8) School maintenance and repair fund costs; (9) School board training fund costs; (10) Pre-kindergarten costs; and (11) Previously private contract school operation and maintenance costs. (q) School means an educational or residential center operated by or under contract with the Bureau of Indian Affairs offering services to Indian students under the authority of a local school board and the direction of a local school supervisor. A school may be located on more than one physical site. The term school, unless otherwise specified, is meant to encompass day schools, boarding schools, previously private schools, cooperative schools, contract schools and dormitories as those terms are commonly used. (r) Local School Board, (usually referred to as school board) including off-reservation boarding school boards and dormitory school boards, when used with respect to a Bureau school, means a body chosen to exercise the functions of a school board with respect to a particular Bureau operated or funded school, in accordance with the laws of the tribe to be served or, in the absence of such laws, elected for similar purpose by the parents of the Indian children attending the school, except that in schools serving a substantial number of students from different tribes, the members shall be appointed by the governing bodies of the tribes affected; and the number of such members shall be determined by the Director in consultation with the affected tribes. [[Page 173]] (s) Supervisor or local school supervisor means the individual in the position of ultimate authority at any Bureau administered or tribally operated contract school. (t) Tribally operated contract school or contract school means a school (other than a public school) which is financially assisted under a contract with the Bureau. (u) Weighted student unit (WSU) means the measure of student membership adjusted by the weights or ratios used as factors in the Indian School Equalization Formula established in Sec. 39.10 below. The term weighted student unit also describes the measure by which supplements to the weighted student count at any school are augmented as the result of the application of small school supplements or Alaskan school supplements.