Title 25: Indians
PART 39—THE INDIAN SCHOOL EQUALIZATION PROGRAM
Browse Previous |
Browse Next
Subpart C—Administrative Procedures, Student Counts, and Verifications
Source: 70 FR 22205, Apr. 28, 2005, unless otherwise noted.
§ 39.200 What is the purpose of the Indian School Equalization Formula?
OIEP uses the Indian School Equalization Formula (ISEF) to distribute Indian School Equalization Program (ISEP) appropriations equitably to Bureau-funded schools.
§ 39.201 Does ISEF reflect the actual cost of school operations?
ISEF does not attempt to assess the actual cost of school operations either at the local school level or in the aggregate nationally. ISEF is a relative distribution of available funds at the local school level by comparison with all other Bureau-funded schools.
§ 39.202 What are the definitions of terms used in this subpart?
Homebound means a student who is educated outside the classroom.
Home schooled means a student who is not enrolled in a school and is receiving educational services at home at the parent's or guardian's initiative.
School day means a day as defined by the submitted school calendar, as long as annual instructional hours are as they are reflected in §39.213, excluding passing time, lunch, recess, and breaks.
Three-year average means:
(1) For academic programs, the average daily membership of the 3 years before the current year of operation; and
(2) For the residential programs, the count period membership of the 3 years before the current year of operation.
§ 39.203 When does OIEP calculate a school's allotment?
OIEP calculates a school's allotment no later than July 1. Schools must submit final ADM enrollment figures no later than June 15.
§ 39.204 How does OIEP calculate ADM?
OIEP calculates ADM by:
(a) Adding the total enrollment figures from periodic reports received from each Bureau-funded school; and
(b) Dividing the total enrollment for each school by the number of days in the school's reporting period.
§ 39.205 How does OIEP calculate a school's total WSUs for the school year?
(a) OIEP will add the weights obtained from the calculations in paragraphs (a)(1), (a)(2), and (a)(3) of this section to obtain the total weighted student units (WSUs) for each school.
(1) Each year's ADM is multiplied by the applicable weighted student unit for each grade level;
(2) Calculate any supplemental WSUs generated by the students; and
(3) Calculate any supplemental WSUs generated by the schools.
(b) The total WSU for the school year is the sum of paragraphs (a)(1), (a)(2), and (a)(3) of this section.
§ 39.206 How does OIEP calculate the value of one WSU?
(a) To calculate the appropriated dollar value of one WSU, OIEP divides the systemwide average number of WSUs for the previous 3 years into the current year's appropriation.
(b) To calculate the average WSU for a 3-year period:
(1) Step 1. Add together each year's total WSU (calculated under paragraph (b) of this section); and
(2) Step 2. Divide the sum obtained in step 1 by 3.
§ 39.207 How does OIEP determine a school's funding for the school year?
To determine a school's funding for the school year, OIEP uses the following seven-step process:
(a) Step 1. Multiply the appropriate base academic and/or residential weight from §39.103 by the number of students in each grade level category.
(b) Step 2. Multiply the number of students eligible for supplemental program funding under §39.107 by the weights for the program.
(c) Step 3. Calculate the school-based supplemental weights under §639.107.
(d) Step 4. Add together the sums obtained in steps 1 through 3 to obtain each school's total WSU.
(e) Step 5. Add together the total WSUs for all Bureau-funded schools.
(f) Step 6. Calculate the value of a WSU by dividing the current school year's funds by the average total WSUs as calculated under step 5 for the previous 3 years.
(g) Step 7. Multiply each school's WSU total by the base value of one WSU to determine funding for that school.
§ 39.208 How are ISEP funds distributed?
(a) On July 1, schools will receive 80 percent of their funds as determined in §39.207.
(b) On December 1, the balance will be distributed to all schools after verification of the school count and any adjustments made through the appeals process for the third year.
§ 39.209 When may a school count a student for membership purposes?
If a student is enrolled, is in attendance during any of the first 10 days of school, and receives at least 5 days' instruction, the student is deemed to be enrolled all 10 days and shall be counted for ADM purposes. The first 10 days of school, for purposes of this section, are determined by the calendar that the school submits to OIEP.
(a) For ISEP purposes, a school can add a student to the membership when he or she has been enrolled and has received a full day of instruction from the school.
(b) Except as provided in §39.210, to be counted for ADM, a student dropped under §39.209 must:
(1) Be re-enrolled; and
(2) Receive a full day of instruction from the school.
§ 39.210 When must a school drop a student from its membership?
If a student is absent for 10 consecutive school days, the school must drop that student from the membership for ISEP purposes of that school on the 11th day.
§ 39.211 What other categories of students can a school count for membership purposes?
A school can count other categories of students for membership purposes as shown in the following table.
------------------------------------------------------------------------ Circumstances under which Type of student student can be included in the school's membership------------------------------------------------------------------------(a) Homebound.......................... (1) The student is temporarily confined to the home for some or all of the school day for medical, family emergency, or other reasons required by law or regulation; (2) The student is being provided by the school with at least 5 documented contact hours each week of academic services by certified educational personnel; and (3) Appropriate documentations is on file at the school.(b) Located in an institutional setting The school is either: outside of the school. (1) Paying for the student to receive educational services from the facility; or (2) Providing educational services by certified school staff for at least 5 documented contact hours each week.(c) Taking college courses during the The student is both: school day. (1) Concurrently enrolled in, and receiving credits for both the school's courses and college courses; and (2) In physical attendance at the school at least 3 documented contact hours per day.(d) Taking distance learning courses... The student is both: (1) Receiving high school credit for grades; and (2) In physical attendance at the school at least 3 documented contact hours per day.(e) Taking internet courses............ The student is both: (1) Receiving high school credit for grades; and (2) Taking the courses at the school site under a teacher's supervision.------------------------------------------------------------------------
§ 39.212 Can a student be counted as enrolled in more than one school?
Yes, if a student attends more than one school during an academic year, each school may count the student as enrolled once the student meets the criteria in 39.209. § 39.213 Will the Bureau fund children being home schooled?
No, the Bureau will not fund any child that is being home schooled. § 39.214 What is the minimum number of instructional hours required in order to be considered a full-time educational program?
A full time program provides the following number of instructional/student hours to the corresponding grade level:
|
------------------------------------------------------------------------ Grade Hours------------------------------------------------------------------------K.......................................................... 7201-3........................................................ 8104-8........................................................ 9009-12....................................................... 970------------------------------------------------------------------------
§ 39.215 Can a school receive funding for any part-time students?
(a) A school can receive funding for the following part-time students:
(1) Kindergarten students enrolled in a 2-hour program; and
(2) Grade 7–12 students enrolled in at least half but less than a full instructional day.
(b) The school must count students classified as part-time at 50 percent of their basic instructional WSU value. Residential Programs
§ 39.216 How does ISEF fund residential programs?
Residential programs are funded on a WSU basis using a formula that takes into account the number of nights of service per week. Funding for residential programs is based on the average of the 3 previous years' residential WSUs. § 39.217 How are students counted for the purpose of funding residential services?
For a student to be considered in residence for purposes of this subpart, the school must be able to document that the student was:
(a) In residence at least one night during the first full week of October;
(b) In residence at least one night during the week preceding the first full week in October;
(c) In residence at least one night during the week following the first full week in October; and
(d) Present for both the after school count and the midnight count at least one night during each week specified in this section. § 39.218 Are there different formulas for different levels of residential services?
(a) Residential services are funded as shown in the following table:
|
------------------------------------------------------------------------ Each student is funded at If a residential program operates . . . the level of . . .------------------------------------------------------------------------(1) 4 nights per week or less............. Total WSU x 4/7.(2) 5, 6 or 7 nights per week............. Total WSU x 7/7.------------------------------------------------------------------------
|
(b) In order to qualify for residential services funding under paragraph (a)(2) of this section, a school must document that at least 10 percent of residents are present on 3 of the 4 weekends during the count period.
(c) At least 50 percent of the residency levels established during the count period must be maintained every month for the remainder of the school year.
(d) A school may obtain waivers from the requirements of this section if there are health or safety justifications. § 39.219 What happens if a residential program does not maintain residency levels required by this subpart?
Each school must maintain its declared nights of service per week as certified in its submitted school calendar. For each month that a school does not maintain 25 percent of the residency shown in its submitted calendar, the school will lose one-tenth of its current year allocation. § 39.220 What reports must residential programs submit to comply with this subpart?
Residential programs must report their monthly counts to the Director on the last school day of the month. To be counted, a student must have been in residence at least 10 nights during each full school month. § 39.221 What is a full school month?
A full school month is each 30-day period following the first day that residential services are provided to students based on the school residential calendar. Phase-in Period
§ 39.230 How will the provisions of this subpart be phased in?
The calculation of the three-year rolling average of ADM for each school and for the entire Bureau-funded school system will be phased-in as shown in the following table.
|
------------------------------------------------------------------------ Time period How OIEP must calculate ADM------------------------------------------------------------------------(a) First school year after May 31, Use the prior 3 years' count 2005. period to create membership for funding purposes(b) Second school year after May 31, (1) The academic program will 2005. use the previous year's ADM school year and the 2 prior years' count periods; and (2) The residential program will use the previous year's count period and the 2 prior years' count weeks(c) Each succeeding school year after Add one year of ADM or count May 31, 2005. period and drop one year of prior count weeks until both systems are operating on a 3- year rolling average using the previous 3 years' count after period or ADM, respectively.------------------------------------------------------------------------
