[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: 25CFR39.17]

[Page 174]
 
                            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 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.