109TH CONGRESS

1ST SESSION S. 1483

AN ACT

To amend the Carl D. Perkins Vocational and Technical

Education Act of 1998 to modify the definition of ‘‘Indian student count’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. DEFINITION OF INDIAN STUDENT COUNT.

2 Section 117(h) of the Carl D. Perkins Vocational and

3 Technical Education Act of 1998 (20 U.S.C. 2327(h)) is

4 amended by striking paragraph (2) and inserting the fol5 lowing:

6 ‘‘(2) INDIAN STUDENT COUNT.—

7 ‘‘(A) IN GENERAL.—The term ‘Indian stu8 dent count’ means a number equal to the total

9 number of Indian students enrolled in each trib10 ally-controlled postsecondary vocational and

11 technical institution, as determined in accord12 ance with subparagraph (B).

13 ‘‘(B) DETERMINATION.—

14 ‘‘(i) ENROLLMENT.—For each aca15 demic year, the Indian student count shall

16 be determined on the basis of the enroll17 ments of Indian students as in effect at

18 the conclusion of—

19 ‘‘(I) in the case of the fall term,

20 the third week of the fall term; and

21 ‘‘(II) in the case of the spring

22 term, the third week of the spring

23 term.

24 ‘‘(ii) CALCULATION.—For each aca25 demic year, the Indian student count for a

26 tribally-controlled postsecondary vocational
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1 and technical institution shall be the

2 quotient obtained by dividing—

3 ‘‘(I) the sum of the credit-hours

4 of all Indian students enrolled in the

5 tribally-controlled postsecondary voca6 tional and technical institution (as de7 termined under clause (i)); by

8 ‘‘(II) 12.

9 ‘‘(iii) SUMMER TERM.—Any credit

10 earned in a class offered during a summer

11 term shall be counted in the determination

12 of the Indian student count for the suc13 ceeding fall term.

14 ‘‘(iv) STUDENTS WITHOUT SEC15 ONDARY SCHOOL DEGREES.—

16 ‘‘(I) IN GENERAL.—A credit

17 earned at a tribally-controlled postsec18 ondary vocational and technical insti19 tution by any Indian student that has

20 not obtained a secondary school de21 gree (or the recognized equivalent of

22 such a degree) shall be counted to23 ward the determination of the Indian

24 student count if the institution at

25 which the student is enrolled has es-
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1 tablished criteria for the admission of

2 the student on the basis of the ability

3 of the student to benefit from the

4 education or training of the institu5 tion.

6 ‘‘(II) PRESUMPTION.—The insti7 tution shall be presumed to have es8 tablished the criteria described in sub9 clause (I) if the admission procedures

10 for the institution include counseling

11 or testing that measures the aptitude

12 of a student to successfully complete a

13 course in which the student is en14 rolled.

15 ‘‘(III) CREDITS TOWARD SEC16 ONDARY SCHOOL DEGREE.—No credit

17 earned by an Indian student for the

18 purpose of obtaining a secondary

19 school degree (or the recognized

20 equivalent of such a degree) shall be

21 counted toward the determination of

22 the Indian student count under this

23 clause.

24 ‘‘(v) CONTINUING EDUCATION PRO25 GRAMS.—Any credit earned by an Indian
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1 student in a continuing education program

2 of a tribally-controlled postsecondary voca3 tional and technical institution shall be in4 cluded in the determination of the sum of

5 all credit hours of the student if the credit

6 is converted to a credit-hour basis in ac7 cordance with the system of the institution

8 for providing credit for participation in the

9 program.’’.

Passed the Senate July 26, 2005.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION S. 1483

AN ACT

To amend the Carl D. Perkins Vocational and

definition of ‘‘Indian student count’’.Technical Education Act of 1998 to modify the