[Code of Federal Regulations]

[Title 34, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR410.5]



[Page 76]

 

                           TITLE 34--EDUCATION

 

  CHAPTER IV--OFFICE OF VOCATIONAL AND ADULT EDUCATION, DEPARTMENT OF 

                                EDUCATION

 

PART 410_TRIBALLY CONTROLLED POSTSECONDARY VOCATIONAL INSTITUTIONS 

PROGRAM--Table of Contents

 

                            Subpart A_General

 

Sec. 410.5  What definitions apply?



    (a) The definitions in 34 CFR 400.4 apply to this part, except for 

the definition of the term Act.

    (b) The following definitions also apply to this part:

    Act means the Tribally Controlled Vocational Institutions Support 

Act of 1990.

    Indian means a person who is a member of an Indian tribe.

    Indian student count means a number equal to the total number of 

Indian students enrolled in each tribally controlled vocational 

institution, determined as follows:

    (1) The registrations of Indian students as in effect on October 1 

of each year.

    (2) Credits or clock hours toward a certificate earned in classes 

offered during a summer term must be counted toward the computation of 

the Indian student count in the succeeding fall term.

    (3) Credits or clock hours toward a certificate earned in classes 

during a summer term must be counted toward the computation of the 

Indian student count if the institution at which the student is in 

attendance has established criteria for the admission of the student on 

the basis of the student's ability to benefit from the education or 

training offered. The institution is presumed to have established those 

criteria if the admission procedures for those studies include 

counseling or testing that measures the student's aptitude to 

successfully complete the course in which the student has enrolled. 

Credit earned by the student for purposes of obtaining a high school 

degree or its equivalent may not be counted toward the computation of 

the Indian student count.

    (4) Indian students earning credits in any continuing education 

program of a tribally controlled vocational institution must be included 

in determining the sum of all credit or clock hours.

    (5) Credits or clock hours earned in a continuing education program 

must be converted to the basis that is in accordance with the 

institution's system for providing credit for participation in those 

programs.

    Indian tribe means any Indian tribe, band, nation, or other 

organized group or community, including any Alaskan native village or 

regional or village corporation as defined in or established pursuant to 

the Alaskan Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that 

is federally recognized as eligible for the special programs and 

services provided by the United States to Indians because of their 

status as Indians.

    Tribally controlled postsecondary vocational institution means an 

institution of higher education that is formally controlled, or has been 

formally sanctioned or chartered by the governing body of an Indian 

tribe or tribes, and that offers technical degrees or certificate 

granting programs. This term does not include an institution that is a 

tribally controlled community college as defined in 34 CFR 400.4. (See 

Cong. Rec. S4116 (daily ed. April 5, 1990) (Statement of Senator 

Bingaman); Cong. Rec. H1708 (daily ed. May 9, 1989) (Statement of Rep. 

Richardson)).



(Authority: 20 U.S.C. 2397h and 25 U.S.C. 1801 (1) and (2))