Regulations last checked for updates: Nov 27, 2024

Title 25 - Indians last revised: Mar 22, 2024
§ 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.

Type of
student
Circumstances under which 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 outside of the schoolThe school is either:
(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 school dayThe student is both:
(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 coursesThe 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 coursesThe student is both:
(1) Receiving high school credit for grades; and
(2) Taking the courses at the school site under a teacher's supervision.
authority: 25 U.S.C. 13,2008; Public Law 107-110, 115 Stat. 1425
source: 44 FR 61864, Oct. 26, 1979, unless otherwise noted. Redesignated at 47 FR 13327, Mar. 30, 1982.
cite as: 25 CFR 39.211