Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 25 - Indians |
Chapter I - Bureau of Indian Affairs, Department of the Interior |
SubChapter E - Education |
Part 39 - The Indian School Equalization Program |
Subpart A - General |
§ 39.1 - What is the purpose of this part? |
§ 39.2 - What definitions apply to terms in this part? |
§ 39.3 - Information collection. |
Subpart B - 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. |
§ 39.100 - What is the Indian School Equalization Formula? |
§ 39.101 - Does ISEF assess the actual cost of school operations? |
Small School Adjustment |
§ 39.140 - How does a school qualify for a Small School Adjustment? |
§ 39.141 - What is the amount of the Small School Adjustment? |
§ 39.143 - What is a small high school? |
§ 39.144 - What is the small high school adjustment? |
§ 39.145 - Can a school receive both a small school adjustment and a small high school adjustment? |
§ 39.146 - Is there an adjustment for small residential programs? |
Language Development Programs |
§ 39.130 - Can ISEF funds be used for Language Development Programs? |
§ 39.131 - What is a Language Development Program? |
§ 39.132 - Can a school integrate Language Development programs into its regular instructional program? |
§ 39.133 - Who decides how Language Development funds can be used? |
§ 39.134 - How does a school identify a Limited English Proficient student? |
§ 39.135 - What services must be provided to an LEP student? |
§ 39.136 - What is the WSU for Language Development programs? |
§ 39.137 - May schools operate a language development program without a specific appropriation from Congress? |
Geographic Isolation Adjustment |
§ 39.160 - Does ISEF provide supplemental funding for extraordinary costs related to a school's geographic isolation? |
Gifted and Talented Programs |
§ 39.110 - Can ISEF funds be distributed for the use of gifted and talented students? |
§ 39.111 - What does the term gifted and talented mean? |
§ 39.112 - What is the limit on the number of students who are gifted and talented? |
§ 39.113 - What are the special accountability requirements for the gifted and talented program? |
§ 39.114 - What characteristics may qualify a student as gifted and talented for purposes of supplemental funding? |
§ 39.115 - How are eligible gifted and talented students identified and nominated? |
§ 39.116 - How does a school determine who receives gifted and talented services? |
§ 39.117 - How does a school provide gifted and talented services for a student? |
§ 39.118 - How does a student receive gifted and talented services in subsequent years? |
§ 39.119 - When must a student leave a gifted and talented program? |
§ 39.120 - How are gifted and talented services provided? |
§ 39.121 - What is the WSU for gifted and talented students? |
Base and Supplemental Funding |
§ 39.102 - What is academic base funding? |
§ 39.103 - What are the factors used to determine base funding? |
§ 39.104 - How must a school's base funding provide for students with disabilities? |
§ 39.105 - Are additional funds available for special education? |
§ 39.106 - Who is eligible for special education funding? |
§ 39.107 - Are schools allotted supplemental funds for special student and/or school costs? |
Subpart C - Administrative Procedures, Student Counts, and Verifications |
§ 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. |
§ 39.200 - What is the purpose of the Indian School Equalization Formula? |
§ 39.201 - Does ISEF reflect the actual cost of school operations? |
§ 39.202 - What are the definitions of terms used in this subpart? |
§ 39.203 - When does OIEP calculate a school's allotment? |
§ 39.204 - How does OIEP calculate ADM? |
§ 39.205 - How does OIEP calculate a school's total WSUs for the school year? |
§ 39.206 - How does OIEP calculate the value of one WSU? |
§ 39.207 - How does OIEP determine a school's funding for the school year? |
§ 39.208 - How are ISEP funds distributed? |
§ 39.209 - When may a school count a student for membership purposes? |
§ 39.210 - When must a school drop a student from its membership? |
§ 39.211 - What other categories of students can a school count for membership purposes? |
§ 39.212 - Can a student be counted as enrolled in more than one school? |
§ 39.213 - Will the Bureau fund children being home schooled? |
§ 39.214 - What is the minimum number of instructional hours required in order to be considered a full-time educational program? |
§ 39.215 - Can a school receive funding for any part-time students? |
Residential Programs |
§ 39.216 - How does ISEF fund residential programs? |
§ 39.217 - How are students counted for the purpose of funding residential services? |
§ 39.218 - Are there different formulas for different levels of residential services? |
§ 39.219 - What happens if a residential program does not maintain residency levels required by this subpart? |
§ 39.220 - What reports must residential programs submit to comply with this subpart? |
§ 39.221 - What is a full school month? |
Phase-in Period |
§ 39.230 - How will the provisions of this subpart be phased in? |
Subpart D - Accountability |
§ 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. |
§ 39.401 - What is the purpose of this subpart? |
§ 39.402 - What definitions apply to terms used in this subpart? |
§ 39.403 - What certification is required? |
§ 39.404 - What is the certification and verification process? |
§ 39.405 - How will verifications be conducted? |
§ 39.406 - What documentation must the school maintain for additional services it provides? |
§ 39.407 - How long must a school maintain records? |
§ 39.408 - What are the responsibilities of administrative officials? |
§ 39.409 - How does the OIEP Director ensure accountability? |
§ 39.410 - What qualifications must an audit firm meet to be considered for auditing ISEP administration? |
§ 39.411 - How will the auditor report its findings? |
§ 39.412 - What sanctions apply for failure to comply with this subpart? |
§ 39.413 - Can a school appeal the verification of the count? |
Subpart E - Contingency Fund |
§ 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. |
§ 39.500 - What emergency and contingency funds are available? |
§ 39.501 - What is an emergency or unforeseen contingency? |
§ 39.502 - How does a school apply for contingency funds? |
§ 39.503 - How can a school use contingency funds? |
§ 39.504 - May schools carry over contingency funds to a subsequent fiscal year? |
§ 39.505 - What are the reporting requirements for the use of the contingency fund? |
Subpart F - School Board Training Expenses |
§ 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. |
§ 39.600 - Are Bureau-operated school board expenses funded by ISEP limited? |
§ 39.601 - Is school board training for Bureau-operated schools considered a school board expense subject to the limitation? |
§ 39.603 - Is school board training required for all Bureau-funded schools? |
§ 39.604 - Is there a separate weight for school board training at Bureau-operated schools? |
Subpart G - Student Transportation |
§ 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. |
§ 39.700 - What is the purpose of this subpart? |
§ 39.701 - What definitions apply to terms used in this subpart? |
Calculating Transportation Miles |
§ 39.710 - How does a school calculate annual bus transportation miles for day students? |
§ 39.711 - How does a school calculate annual bus transportation miles for residential students? |
Miscellaneous Provisions |
§ 39.730 - Which standards must student transportation vehicles meet? |
§ 39.731 - Can transportation time be used as instruction time for day school students? |
§ 39.732 - How does OIEP allocate transportation funds to schools? |
Eligibility for Funds |
§ 39.702 - Can a school receive funds to transport residential students using commercial transportation? |
§ 39.703 - What ground transportation costs are covered for students traveling by commercial transportation? |
§ 39.704 - Are schools eligible to receive chaperone expenses to transport residential students? |
§ 39.705 - Are schools eligible for transportation funds to transport special education students? |
§ 39.706 - Are peripheral dormitories eligible for day transportation funds? |
§ 39.707 - Which student transportation expenses are currently not eligible for Student Transportation Funding? |
§ 39.708 - Are miles generated by non-ISEP eligible students eligible for transportation funding? |
Reporting Requirements |
§ 39.720 - Why are there different reporting requirements for transportation data? |
§ 39.721 - What transportation information must off-reservation boarding schools report? |
§ 39.722 - What transportation information must day schools, on-reservation boarding schools and peripheral dormitory schools report? |
Subpart H - Determining the Amount Necessary To Sustain an Academic or Residential Program |
§ 39.801 - What is the formula to determine the amount necessary to sustain a school's academic or residential program? |
§ 39.802 - What is the student unit value in the formula? |
§ 39.803 - What is a weighted student unit in the formula? |
§ 39.804 - How is the SUIV calculated? |
§ 39.805 - What was the student unit for instruction value (SUIV) for the school year 1999-2000? |
§ 39.806 - How is the SURV calculated? |
§ 39.807 - How will the Student Unit Value be adjusted annually? |
§ 39.808 - What definitions apply to this subpart? |
§ 39.809 - Information collection. |
Subpart I - Interim Maintenance and Minor Repair Fund |
§ 39.900 - Establishment and funding of an Interim Maintenance and Minor Repair Fund. |
§ 39.901 - Conditions for distribution. |
§ 39.902 - Allocation. |
§ 39.903 - Use of funds. |
§ 39.904 - Limitations. |
Subpart J - Administrative Cost Formula |
§ 39.122 - Allotment of education administrative funds. |
§ 39.123 - Allotment exception for FY 1991. |
§ 39.1000 - Purpose and scope. |
§ 39.1001 - Definitions. |
§ 39.1002 - Allotment of education administrative funds. |
§ 39.1003 - Allotment exception for FY 1991. |
Subpart K - Pre-kindergarten Programs |
§ 39.1100 - Interim fiscal year 1980 and fiscal year 1981 funding for pre-kindergarten programs previously funded by the Bureau. |
§ 39.1101 - 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 |
§ 39.142 - Distribution of funds. |
§ 39.1200 - Definitions. |
§ 39.1201 - Establishment of an interim fiscal year 1980 operation and maintenance fund for contract schools. |
§ 39.1202 - Distribution of funds. |
§ 39.1203 - Future consideration of contract school operation and maintenance funding. |