25 USC 5348 - Computation of student count

U.S Code last checked for updates: Nov 22, 2024

§ 5348.

Computation of student count

(a)

Definitions

For the purposes of sections 5342 to 5348 of this title, the following definitions apply:

(1)

Contracting party

(2)

Eligible entity

(3)

Existing contracting party

(4)

JOM Modernization Act

(5)

New contracting party

(6)

Secretary

(b)

Determination of the number of eligible Indian students

(1)

Initial determinations

(A)

In general

(B)

Process for making the initial determination

(i)

Preliminary report

Not later than 180 days after December 31, 2018, the Secretary shall publish a preliminary report describing the number of eligible Indian students served or potentially served by each eligible entity, using the most applicable and accurate data (as determined by the Secretary in consultation with eligible entities) from the fiscal year preceding the fiscal year for which the initial determination is to be made from—

(I)

the Bureau of the Census;

(II)

the National Center for Education Statistics; or

(III)

the Office of Indian Education of the Department of Education.

(ii)

Data reconciliation

To improve the accuracy of the preliminary report described in clause (i) prior to publishing, the Secretary shall reconcile the data described in the preliminary report with—

(I)

each existing contracting party’s data regarding the number of eligible Indian students served by the existing contracting party for the fiscal year preceding the fiscal year for which the initial determination is made; and

(II)

identifiable tribal enrollment information.

(iii)

Comment period

(iv)

Final report

(2)

Subsequent academic years

(c)

Contracting party student count reporting compliance

(1)

In general

(2)

Failure to comply

(3)

Notice

The Secretary shall provide contracting parties with timely information relating to—

(A)

initial and final reporting deadlines; and

(B)

the consequences of failure to comply outlined in paragraph (2).

(4)

Technical assistance

(d)

Annual report

(1)

In general

The Secretary shall prepare an annual report, including the most recent determination of the number of eligible Indian students served by each contracting party, recommendations on appropriate funding levels for the program based on such determination, and an assessment of the contracts under sections 5342 to 5348 of this title that the Secretary—

(A)

may include in the budget request of the Department of the Interior for each fiscal year;

(B)

shall submit to—

(i)

the Committee on Indian Affairs of the Senate;

(ii)

the Subcommittee on Interior, Environment, and Related Agencies of the Committee on Appropriations of the Senate;

(iii)

the Committee on Education and the Workforce of the House of Representatives; and

(iv)

the Subcommittee on Interior, Environment, and Related Agencies of the Committee on Appropriations of the House of Representatives; and

(C)

shall make publicly available.

(2)

Manner of preparation

(e)

Hold harmless

(1)

Initial hold harmless

(A)

In general

(B)

Exceptions

(i)

In general

An existing contracting party shall receive an amount under sections 5342 to 5348 of this title for a fiscal year that is less than the amount that the existing contracting party received under sections 5342 to 5348 of this title for the fiscal year preceding December 31, 2018, if one or more of the following conditions is met:

(I)

Failure to report

(II)

Violations of contract or law

(III)

Student count decrease

(ii)

Amount of funding reduction for existing contracting parties reporting decreased student counts

(C)

Ratable reductions in appropriations

(D)

Sunset

(2)

Maximum decrease after 4 years

(f)

Funding allocation and reform

(1)

Funding reform

The Secretary may make recommendations for legislation to increase the amount of funds available per eligible Indian student through contracts under sections 5342 to 5348 of this title to equal to or greater than the amount of funds that were available per eligible Indian student through contracts under sections 5342 to 5348 of this title for fiscal year 1995, and attempt to identify additional sources of funding that do not reallocate existing funds otherwise utilized by Indian students served—

(A)

by the Bureau of Indian Education; or

(B)

under title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7401 et seq.).

(2)

Increases in program funding

(A)

In general

Subject to subsection (e) and subparagraph (B), for any fiscal year for which the amount appropriated to carry out sections 5342 to 5348 of this title exceeds the amount appropriated to carry out sections 5342 to 5348 of this title for the preceding fiscal year, the excess amounts shall—

(i)

be allocated only to those contracting parties that did not receive their full per student funding allocation for the previous fiscal year; and

(ii)

be allocated first to new contracting parties that did not receive their full per student funding allocation for the previous fiscal year.

(B)

Parity in funding

(g)

Increased geographical and tribal participation in the Johnson-O’Malley supplementary education program

To the maximum extent practicable, the Secretary shall consult with Indian tribes and contact State educational agencies, local educational agencies, and Alaska Native organizations that have not previously entered into a contract under sections 5342 to 5348 of this title—

(1)

to determine the interest of the Indian tribes, State educational agencies, local educational agencies, and Alaska Native organizations, in entering into such contracts; and

(2)

to share information relating to the process for entering into a contract under sections 5342 to 5348 of this title.

(h)

Rulemaking

(1)

In general

Not later than 1 year after December 31, 2018, the Secretary, acting through the Director of the Bureau of Indian Education, shall undertake and complete a rulemaking process, following the provisions of subchapter II of chapter 5 of title 5, to—

(A)

determine how the regulatory definition of “eligible Indian student” may be revised to clarify eligibility requirements for contracting parties under sections 5342 to 5348 of this title;

(B)

determine, as necessary, how the funding formula described in section 273.31 of title 25, Code of Federal Regulations (as in effect on the day before December 31, 2018) may be clarified and revised to ensure full participation of contracting parties and provide clarity on the funding process under sections 5342 to 5348 of this title; and

(C)

otherwise reconcile and modernize the rules to comport with the activities of the contracting parties under sections 5342 to 5348 of this title as of December 31, 2018.

(2)

Report

(i)

Student privacy

(j)

GAO Report

Not later than 18 months after the final report described in subsection (b)(1)(B)(iv) is published, the Comptroller General shall—

(1)

conduct a review of the implementation of this section during the preceding 2-year period, including any factors impacting—

(A)

the accuracy of the determinations of the number of eligible Indian students under this section;

(B)

the communication between the Bureau of Indian Education and contracting parties; and

(C)

the efforts by the Bureau of Indian Education to ensure accurate and sufficient distribution of funding for Indian students;

(2)

submit a report describing the results of the review under paragraph (1) to—

(A)

the Committee on Indian Affairs of the Senate;

(B)

the Subcommittee on Interior, Environment, and Related Agencies of the Committee on Appropriations of the Senate;

(C)

the Subcommittee on Indian, Insular and Alaska Native Affairs of the Committee on Natural Resources of the House of Representatives; and

(D)

the Subcommittee on Interior, Environment, and Related Agencies of the Committee on Appropriations of the House of Representatives; and

(3)

make such report publicly available.

(k)

Effect

Nothing in this section—

(1)

creates a new program or duplicates program activities under sections 5342 to 5348 of this title; or

(2)

replaces or diminishes the effect of regulations to carry out sections 5342 to 5348 of this title existing on the day before December 31, 2018, unless expressly provided in this section.

(Apr. 16, 1934, ch. 147, § 7, as added Pub. L. 115–404, § 2, Dec. 31, 2018, 132 Stat. 5349.)

cite as: 25 USC 5348