Indian student count

(2) Indian student count (A) In general The term “Indian student count” means a number equal to the total number of Indian students enrolled in each tribally controlled postsecondary career and technical institution, as determined in accordance with subparagraph (B). (B) Determination (i) Enrollment For each academic year, the Indian student count shall be determined on the basis of the enrollments of Indian students as in effect at the conclusion of— (I) in the case of the fall term, the third week of the fall term; and (II) in the case of the spring term, the third week of the spring term. (ii) Calculation For each academic year, the Indian student count for a tribally controlled postsecondary career and technical institution shall be the quotient obtained by dividing— (I) the sum of the credit hours of all Indian students enrolled in the tribally controlled postsecondary career and technical institution (as determined under clause (i)); by (II) 12. (iii) Summer term Any credit earned in a class offered during a summer term shall be counted in the determination of the Indian student count for the succeeding fall term. (iv) Students without secondary school degrees (I) In general A credit earned at a tribally controlled postsecondary career and technical institution by any Indian student that has not obtained a secondary school degree (or the recognized equivalent of such a degree) shall be counted toward the determination of the Indian student count if the institution at which the student is enrolled has established criteria for the admission of the student on the basis of the ability of the student to benefit from the education or training of the institution. (II) Presumption The institution shall be presumed to have established the criteria described in subclause (I) if the admission procedures for the institution include counseling or testing that measures the aptitude of a student to successfully complete a course in which the student is enrolled. (III) Credits toward secondary school degree No credit earned by an Indian student for the purpose of obtaining a secondary school degree (or the recognized equivalent of such a degree) shall be counted toward the determination of the Indian student count under this clause. (v) Continuing education programs Any credit earned by an Indian student in a continuing education program of a tribally controlled postsecondary career and technical institution shall be included in the determination of the sum of all credit hours of the student if the credit is converted to a credit hour basis in accordance with the system of the institution for providing credit for participation in the program.

Source

20 USC § 2327(h)(2)


Scoping language

In this section
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