U.S Code last checked for updates: May 28, 2024
§ 2007.
Allotment formula
(a)
Factors considered; revision to reflect standards
(1)
Formula
The Secretary shall establish, by regulation adopted in accordance with section 2017 of this title, a formula for determining the minimum annual amount of funds necessary to sustain each Bureau-funded school. In establishing such formula, the Secretary shall consider—
(A)
the number of eligible Indian students served and total student population of the school;
(B)
special cost factors, such as—
(i)
the isolation of the school;
(ii)
the need for special staffing, transportation, or educational programs;
(iii)
food and housing costs;
(iv)
maintenance and repair costs associated with the physical condition of the educational facilities;
(v)
special transportation and other costs of isolated and small schools;
(vi)
the costs of home-living (dormitory) arrangements, where determined necessary by a tribal governing body or designated school board;
(vii)
costs associated with greater lengths of service by education personnel;
(viii)
the costs of therapeutic programs for students requiring such programs; and
(ix)
special costs for gifted and talented students;
(C)
the cost of providing academic services which are at least equivalent to those provided by public schools in the State in which the school is located;
(D)
whether the available funding will enable the school involved to comply with the accreditation standards applicable to the school under section 2001 of this title; and
(E)
such other relevant factors as the Secretary determines are appropriate.
(2)
Revision of formula
(A)
In general
(B)
Review of formula
(C)
Review of standards
(b)
Pro rata allotment
(c)
Annual adjustment; reservation of amount for school board activities
(1)
Annual adjustment
For fiscal year 2003, and for each subsequent fiscal year, the Secretary shall adjust the formula established under subsection (a) to ensure that the formula does the following:
(A)
Uses a weighted unit of 1.2 for each eligible Indian student enrolled in the seventh and eighth grades of the school in considering the number of eligible Indian students served by the school.
(B)
Considers a school with an enrollment of less than 50 eligible Indian students as having an average daily attendance of 50 eligible Indian students for purposes of implementing the adjustment factor for small schools.
(C)
Takes into account the provision of residential services on less than a 9-month basis at a school when the school board and supervisor of the school determine that a less than 9-month basis will be implemented for the school year involved.
(D)
Uses a weighted unit of 2.0 for each eligible Indian student that—
(i)
is gifted and talented; and
(ii)
is enrolled in the school on a full-time basis,
in considering the number of eligible Indian students served by the school.
(E)
Uses a weighted unit of 0.25 for each eligible Indian student who is enrolled in a year-long credit course in an Indian or Native language as part of the regular curriculum of a school, in considering the number of eligible Indian students served by such school. The adjustment required under this subparagraph shall be used for such school after—
(i)
the certification of the Indian or Native language curriculum by the school board of such school to the Secretary, together with an estimate of the number of full-time students expected to be enrolled in the curriculum in the second school year for which the certification is made; and
(ii)
the funds appropriated for allotment under this section are designated by the appropriations Act appropriating such funds as the amount necessary to implement such adjustment at such school without reducing allotments made under this section to any school by virtue of such adjustment.
(2)
Reservation of amount
(A)
In general
From the funds allotted in accordance with the formula established under subsection (a) for each Bureau school, the local school board of such school may reserve an amount which does not exceed the greater of—
(i)
$8,000; or
(ii)
the lesser of—
(I)
$15,000; or
(II)
1 percent of such allotted funds,
for school board activities for such school, including (notwithstanding any other provision of law) meeting expenses and the cost of membership in, and support of, organizations engaged in activities on behalf of Indian education.
(B)
Training
(i)
In general
(ii)
Types of training
(iii)
Recommendation
(d)
Reservation of amount for emergencies
(1)
In general
(2)
Use of funds
(3)
Availability of funds
(4)
Report
(e)
Supplemental appropriations
(f)
Eligible Indian student defined
In this section, the term “eligible Indian student” means a student who—
(1)
is a member of, or is at least one-fourth degree Indian blood descendant of a member of, a tribe that is eligible for the special programs and services provided by the United States through the Bureau to Indians because of their status as Indians;
(2)
resides on or near a reservation or meets the criteria for attendance at a Bureau off-reservation home-living school; and
(3)
is enrolled in a Bureau-funded school.
(g)
Tuition
(1)
In general
(2)
Attendance of non-Indian students at Bureau schools
The Secretary may permit the attendance at a Bureau school of a student who is not an eligible Indian student if—
(A)
the Secretary determines that the student’s attendance will not adversely affect the school’s program for eligible Indian students because of cost, overcrowding, or violation of standards or accreditation;
(B)
the school board consents;
(C)
the student is a dependent of a Bureau, Indian Health Service, or tribal government employee who lives on or near the school site; or
(D)
tuition is paid for the student that is not more than the tuition charged by the nearest public school district for out-of-district students and shall be in addition to the school’s allocation under this section.
(3)
Attendance of non-Indian students at contract and grant schools
(h)
Funds available without fiscal year limitation
(i)
Students at Richfield dormitory, Richfield, Utah
(1)
In general
(2)
No administrative cost funds
(Pub. L. 95–561, title XI, § 1127, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2028.)
cite as: 25 USC 2007