25 CFR 39, Subpart G

Bureau of Indian Affairs, Interior

§ 39.702

including repair of educational facilities.

§ 39.604 Is there a separate weight for
school board training at Bureau-operated schools?

§ 39.504 May schools carry over contingency funds to a subsequent fiscal
year?

Yes. There is an ISEP weight not to
exceed 1.2 WSUs to cover school board
training and expenses at Bureau-operated schools.

Bureau-operated schools may carry
over funds to the next fiscal year.
§ 39.505 What are the reporting requirements for the use of the contingency fund?
(a) At the end of each fiscal year, Bureau/OIEP shall send an annual report
to Congress detailing how the Contingency Funds were used during the previous fiscal year.
(b) By October 1 of each year, the Bureau must send a letter to each school
and each tribe operating a school listing the allotments from the Contingency Fund.

Subpart F—School Board Training
Expenses
SOURCE: 70 FR 22205, Apr. 28, 2005, unless
otherwise noted.

§ 39.600 Are Bureau-operated school
board expenses funded by ISEP limited?
Yes. Bureau-operated schools are
limited to $8,000 or one percent (1%) of
ISEP allotted funds (not to exceed
$15,000).
§ 39.601 Is school board training for
Bureau-operated schools considered a school board expense subject
to the limitation?
No, school board training for Bureauoperated schools is not considered a
school board expense subject to the
limitation in § 39.600.

wwoods2 on DSKDVH8Z91PROD with CFR

§ 39.603 Is school board training required
for
all
Bureau-funded
schools?
Yes. Any new member of a local
school board or an agency school board
must complete 40 hours of training
within one year of appointment, provided that such training is recommended, but is not required, for a
tribal governing body that serves in
the capacity of a school board.

Subpart G—Student Transportation
SOURCE: 70 FR 22205, Apr. 28, 2005, unless
otherwise noted.

§ 39.700 What is the purpose of this
subpart?
(a) This subpart covers how transportation mileage and funds for schools
are calculated under the ISEP transportation program. The program funds
transportation of students from home
to school and return.
(b) To use this part effectively, a
school should:
(1) Determine its eligibility for funds
using the provisions of §§ 39.702 through
39.708;
(2) Calculate its transportation miles
using the provisions of §§ 39.710 and
39.711; and
(3) Submit the required reports as required by §§ 39.721 and 39.722.
§ 39.701 What definitions apply
terms used in this subpart?

ISEP means the Indian School
Equalization Program.
Transportation mileage count week
means the last full week in September.
Unimproved
roads
means
unengineered earth roads that do not
have adequate gravel or other aggregate surface materials applied and do
not have drainage ditches or shoulders.
ELIGIBILITY FOR FUNDS
§ 39.702 Can a school receive funds to
transport residential students using
commercial transportation?
A school transporting students by
commercial bus, train, airplane, or
other commercial modes of transportation will be funded at the cost of the
commercial ticket for:
(a) The trip from home to school in
the Fall;
(b) The round-trip return home at
Christmas; and

201

VerDate Mar<15>2010

10:58 May 11, 2010

Jkt 220082

PO 00000

Frm 00211

Fmt 8010

to

Sfmt 8010

Y:\SGML\220082.XXX

220082

§ 39.703

25 CFR Ch. I (4–1–10 Edition)

(c) The return trip home at the end of
the school year.
§ 39.703 What ground transportation
costs are covered for students traveling by commercial transportation?
This section applies only if a school
transports residential students by commercial bus, train or airplane from
home to school. The school may receive funds for the ground miles that
the school has to drive to deliver the
students or their luggage from the bus,
train, or plane terminal to the school.
§ 39.704 Are schools eligible to receive
chaperone expenses to transport
residential students?
Yes. Schools may receive funds for
actual chaperone expenses, excluding
salaries, during the transportation of
students to and from home at the beginning and end of the school year and
at Christmas.
§ 39.705 Are schools eligible for transportation funds to transport special
education students?
Yes. A school that transports a special education student from home to a
treatment center and back to home on
a daily basis as required by the student’s Individual Education Plan may
count those miles for day student funding.
§ 39.706 Are peripheral dormitories eligible for day transportation funds?
Yes. If the peripheral dormitory is required to transport dormitory students
to the public school, the dormitory
may count those miles driven transporting students to the public school
for day transportation funding.

(a) The following transportation expenses are currently not eligible for
transportation funding, however the
data will be collected under the provisions in this subpart:
(1) Fuel and maintenance runs;
(2) Transportation home for medical
or other emergencies;

§ 39.708 Are miles generated by nonISEP eligible students eligible for
transportation funding?
No. Only miles generated by ISEP-eligible students enrolled in and attending a school are eligible for student
transportation funding.
CALCULATING TRANSPORTATION MILES
§ 39.710 How does a school calculate
annual bus transportation miles for
day students?
To calculate the total annual bus
transportation miles for day students,
a school must use the appropriate formula from this section. In the formulas, Tu = Miles driven on Tuesday of
the transportation mileage count
week, W = Miles driven on Wednesday
of the transportation mileage count
week, and Th = Miles driven on Thursday of the transportation mileage
count week.
(a) For ISEP-eligible day students
whose route is entirely over improved
roads, calculate miles using the following formula:

Tu + W + Th
∗ 180
3
(b) For ISEP-eligible day students
whose route is partly over unimproved
roads, calculate miles using the following three steps.
(1) Step 1. Apply the following formula to miles driven over improved
roads only:

202

VerDate Mar<15>2010

10:58 May 11, 2010

Jkt 220082

PO 00000

Frm 00212

Fmt 8010

Sfmt 8010

Y:\SGML\220082.XXX

220082

ER28AP05.087

wwoods2 on DSKDVH8Z91PROD with CFR

§ 39.707 Which student transportation
expenses are currently not eligible
for Student Transportation Funding?

(3) Transportation from school to
treatment or special services programs;
(4) Transportation to after-school
programs; and
(5) Transportation for day and boarding school students to attend instructional programs less than full-time at
locations other than the school reporting the mileage.
(b) Examples of after-school programs covered by paragraph (a)(4) of
this section include:
(1) Athletics;
(2) Band;
(3) Detention;
(4) Tutoring, study hall and special
classes; and
(5) Extra-curricular activities such as
arts and crafts.

Bureau of Indian Affairs, Interior

§ 39.722

Tu + W + Th
∗ 180
3

§ 39.721 What transportation information must off-reservation boarding
schools report?

(2) Step 2. Apply the following formula to miles driven over unimproved
roads only:

(a) Each off-reservation boarding
school that provides transportation
must report annually the information
required by this section. The report
must:
(1) Be submitted to OIEP by August 1
and cover the preceding school year;
(2) Include a Charter/Commercial and
Air Transportation Form signed and
certified as complete and accurate by
the School Principal and the appropriate ELO; and
(3) Include the information required
by paragraph (b) of this section.
(b) Each annual transportation report must include the following information:
(1) Fixed vehicle costs, including: the
number and type of buses, passenger
size, and local GSA rental rate and duration of GSA contract;
(2) Variable vehicle costs;
(3) Mileage traveled to transport students to and from school on school
days, to sites of special services, and to
extra-curricular activities;
(4) Medical trips;
(5) Maintenance and Service costs;
and
(6) Driver costs;
(7) All expenses referred to in § 39.707.

§ 39.711 How does a school calculate
annual bus transportation miles for
residential students?
To calculate the total annual transportation miles for residential students, a school must use the procedures
in paragraph (b) of this section.
(a) The school can receive funds for
the following trips:
(1) Transportation to the school at
the start of the school year;
(2) Round trip home at Christmas;
and
(3) Return trip to home at the end of
the school year.
(b) To calculate the actual miles
driven to transport students from
home to school at the start of the
school year, add together the miles
driven for all buses used to transport
students from their homes to the
school. If a school transports students
over unimproved roads, the school
must separate the number of miles
driven for each bus into improved
miles and unimproved miles. The number of miles driven is the sum of:
(1) The number of miles driven on improved roads; and
(2) The number of miles driven on unimproved roads multiplied by 1.2.
(c) The annual miles driven for each
school is the sum of the mileage from
paragraphs (b)(1) and (b)(2) of this section multiplied by 4.
REPORTING REQUIREMENTS

wwoods2 on DSKDVH8Z91PROD with CFR

§ 39.720 Why are there different reporting requirements for transportation data?
In order to construct an actual cost
data base, residential and day schools
must report data required by §§ 39.721
and 39.722.

§ 39.722 What transportation information must day schools, on-reservation boarding schools and peripheral dormitory schools report?
(a) By August 1 of each year, all
schools and peripheral dorms that provide transportation must submit a report that covers the preceding year.
This report must include:
(1) Fixed vehicle costs and other
costs, including: the number and type
of buses, passenger size, and local GSA
rental rate and duration of GSA contract;
(2) Variable vehicle costs;
(3) Mileage traveled to transport students to and from school on school
days, to sites of special services, and to
extra-curricular activities;
(4) Mileage driven for student medical trips;
(5) Costs of vehicle maintenance and
service cost, including cost of miles

203

VerDate Mar<15>2010

10:58 May 11, 2010

Jkt 220082

PO 00000

Frm 00213

Fmt 8010

Sfmt 8010

Y:\SGML\220082.XXX

220082

ER28AP05.089

(3) Step 3. Add together the sums
from steps 1 and 2 to obtain the total
annual transportation miles.

ER28AP05.088

Tu + W + Th
∗ 1.2 ∗ 180
3

§ 39.730

25 CFR Ch. I (4–1–10 Edition)

driven to obtain maintenance and service;
(6) Driver costs; and
(7) All expenses referred to in § 39.707.
(b) In addition, all day schools and
on-reservation boarding schools must
include in their report a Day Student
Transportation Form signed and certified as complete and accurate by the
School Principal and the appropriate
ELO.
MISCELLANEOUS PROVISIONS
§ 39.730 Which standards must student
transportation vehicles meet?
All vehicles used by schools to transport students must meet or exceed all
appropriate Federal motor vehicle safety standards and State or Tribal motor
vehicle safety standards. The Bureau
will not fund transportation mileage
and costs incurred transporting students in vehicles that do not meet
these standards.

wwoods2 on DSKDVH8Z91PROD with CFR

§ 39.731 Can transportation time be
used as instruction time for day
school students?
No. Transportation time cannot be
used as instruction time for day school
students in meeting the minimum required hours for academic funding.
§ 39.732 How does OIEP allocate transportation funds to schools?
OIEP allocates transportation funds
based on the types of transportation
programs that the school provides. To
allocate transportation funds OIEP:
(a) Multiplies the one-way commercial costs for all schools by four to
identify the total commercial costs for
all schools;
(b) Subtracts the commercial cost
total from the appropriated transportation funds and allocates the balance
of the transportation funds to each
school with a per-mile rate;
(c) Divides the balance of funds by
the sum of the annual day miles and
the annual residential miles to identify
a per-mile rate;
(d) For day transportation, multiplies the per-mile rate times the annual day miles for each school; and
(e) For residential transportation,
multiplies the per mile rate times the
annual transportation miles for each
school.

Subpart
H—Determining
the
Amount Necessary To Sustain
an Academic or Residential
Program
SOURCE: 70 FR 22205, Apr. 28, 2005, unless
otherwise noted.

§ 39.801 What is the formula to determine the amount necessary to sustain a school’s academic or residential program?
(a) The Secretary’s formula to determine the minimum annual amount
necessary to sustain a Bureau-funded
school’s academic or residential program is as follows:
Student Unit Value × Weighted Student Unit = Annual Minimum
Amount per student.
(b) Sections 39.802 through 39.807 explain the derivation of the formula in
paragraph (a) of this section.
(c) If the annual minimum amount
calculated under this section and
§§ 39.802 through 39.807 is not fully funded, OIEP will pro rate funds distributed
to schools using the Indian School
Equalization Formula.
§ 39.802 What is the student unit value
in the formula?
The student unit value is the dollar
value applied to each student in an
academic or residential program. There
are two types of student unit values:
the student unit instructional value
(SUIV) and the student unit residential
value (SURV).
(a) The student unit instructional
value (SUIV) applies to a student enrolled in an instructional program. It
is an annually established ratio of 1.0
that represents a student in grades 4
through 6 of a typical non-residential
program.
(b) The student unit residential value
(SURV) applies to a residential student. It is an annually established
ratio of 1.0 that represents a student in
grades 4 through 6 of a typical residential program.
§ 39.803 What is a weighted student
unit in the formula?
A weighted student unit is an adjusted ratio using factors in the Indian

204

VerDate Mar<15>2010

10:58 May 11, 2010

Jkt 220082

PO 00000

Frm 00214

Fmt 8010

Sfmt 8010

Y:\SGML\220082.XXX

220082