[Code of Federal Regulations]
[Title 25, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 25CFR39.1]

[Page 166-167]
 
                            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. 39.1  Purpose and scope.




                            Subpart A_General

Sec.
39.1 Purpose and scope.
39.2 Definitions.
39.3 General provisions.

            Subpart B_The Indian School Equalization Formula

39.10 Establishment of the formula.
39.11 Definitions.
39.12 Instructional funding.
39.13 Residential funding.
39.14 Entitlement for small schools.
39.15 Alaskan school cost supplements.
39.16 Computation of school entitlements.
39.17 Comparability with public schools.
39.18 Recomputations of current year entitlements.
39.19 Phase-in provisions.
39.20 Development of uniform, objective and auditable student weighted 
          area placement criteria and guidelines.
39.21 Future considerations for weighted programs.
39.22 Authorization of new program development, and termination of 
          programs.
39.23 Review of contract schools supplemental funds.

           Subpart C_Formula Funding Administrative Procedures

39.30 Definitions.
39.31 Conditions of eligibility for funding.
39.32 Annual computation of average daily membership.
39.33 Special education unduplicated count provision.
39.34 Substitution of a count week.
39.35 Computation of average daily membership (ADM) for tentative 
          allotments.
39.36 Declining enrollment provision.
39.37 Auditing of student counts.
39.38 Failure to provide timely and accurate student counts.
39.39 Delays in submission of ADM counts.

           Subpart D_Direct Allotment of Formula Entitlements

39.50 Definitions.
39.51 Notice of allotments.
39.52 Initial allotments.
39.53 Obligation of funds.
39.54 Apportionment of entitlements to schools.
39.55 Responsible local fiscal agent.
39.56 Financial records.
39.57 Access to and retention of local educational financial records.
39.58 Expenditure limitations for Bureau operated schools.

               Subpart E_Local Educational Financial Plan

39.60 Definitions.
39.61 Development of local educational financial plans.
39.62 Minimum requirements.
39.63 Procedures for development of the plan.
39.64 Procedures for financial plan appeals.

                       Subpart F_Contingency Funds

39.70 Definitions.
39.71 Establishment of the School Disaster Contingency Fund.
39.72 Continuing and cumulative provisions.
39.73 Purposes.
39.74 Application procedures.
39.75 Disbursement procedures.
39.76 Prohibitions of expenditures.
39.77 Transfer of funds from Facilities Engineering for other 
          contingencies.
39.78 Establishment of a formula implementation set-aside fund.
39.79 Prohibition.

[[Page 167]]

                     Subpart G_School Board Training

39.90 Establishment of a school board training fund.
39.91 Other technical assistance and training.
39.92 Training activities.
39.93 Allowable expenditures.
39.94 Limitations on expenditures.
39.95 Reporting of expenditures.
39.96 Provision for annual adjustment.
39.97 Training for agency school board.

                    Subpart H_Student Transportation

39.100 Definitions.
39.101 Purpose and scope.
39.102 Allocation of transportation funds.
39.103 Annual transportation formula adjustment.

           Subpart I_Interim Maintenance and Minor Repair Fund

39.110 Establishment and funding of an Interim Maintenance and Minor 
          Repair Fund.
39.111 Conditions for distribution.
39.112 Allocation.
39.113 Use of funds.
39.114 Limitations.

                  Subpart J_Administrative Cost Formula

39.120 Purpose and scope.
39.121 Definitions.
39.122 Allotment of education administrative funds.
39.123 Allotment exception for FY 1991.

                   Subpart K_Pre-kindergarten Programs

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

        Subpart L_Contract School Operation and Maintenance Fund

39.140 Definitions.
39.141 Establishment of an interim fiscal year 1980 operation and 
          maintenance fund for contract schools.
39.142 Distribution of funds.
39.143 Future consideration of contract school operation and maintenance 
          funding.

    Authority: 25 U.S.C. 13; 25 U.S.C. 2008.

    Source: 44 FR 61864, Oct. 26, 1979, unless otherwise noted. 
Redesignated at 47 FR 13327, Mar. 30, 1982.



    The purpose of this rule is to provide for the uniform direct 
funding of BIA operated and tribally operated day schools, boarding 
schools, and dormitories. These rules apply to all schools and 
dormitories and administrative units which are funded through the Indian 
School Equalization Program of the Bureau of Indian Affairs.