II 

109TH CONGRESS 

1ST SESSION S. 1483 

To amend the Carl D. Perkins Vocational and Technical Education Act 

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

IN THE SENATE OF THE UNITED STATES 

JULY 26, 2005 

Mr. MCCAIN (for himself and Mr. DORGAN) introduced the following bill; 

which was read twice, considered, read the third time, and passed 

A BILL

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, 

3 SECTION 1. DEFINITION OF INDIAN STUDENT COUNT. 

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

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

6 amended by striking paragraph (2) and inserting the fol7 lowing: 

8 ‘‘(2) INDIAN STUDENT COUNT.— 

9 ‘‘(A) IN GENERAL.—The term ‘Indian stu10 dent count’ means a number equal to the total 
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1 number of Indian students enrolled in each trib2 ally-controlled postsecondary vocational and 

3 technical institution, as determined in accord4 ance with subparagraph (B). 

5 ‘‘(B) DETERMINATION.— 

6 ‘‘(i) ENROLLMENT.—For each aca7 demic year, the Indian student count shall 

8 be determined on the basis of the enroll9 ments of Indian students as in effect at 

10 the conclusion of— 

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

12 the third week of the fall term; and 

13 ‘‘(II) in the case of the spring 

14 term, the third week of the spring 

15 term. 

16 ‘‘(ii) CALCULATION.—For each aca17 demic year, the Indian student count for a 

18 tribally-controlled postsecondary vocational 

19 and technical institution shall be the 

20 quotient obtained by dividing— 

21 ‘‘(I) the sum of the credit-hours 

22 of all Indian students enrolled in the 

23 tribally-controlled postsecondary voca24 tional and technical institution (as de25 termined under clause (i)); by 
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1 ‘‘(II) 12. 

2 ‘‘(iii) SUMMER TERM.—Any credit 

3 earned in a class offered during a summer 

4 term shall be counted in the determination 

5 of the Indian student count for the suc6 ceeding fall term. 

7 ‘‘(iv) STUDENTS WITHOUT SEC8 ONDARY SCHOOL DEGREES.— 

9 ‘‘(I) IN GENERAL.—A credit 

10 earned at a tribally-controlled postsec11 ondary vocational and technical insti12 tution by any Indian student that has 

13 not obtained a secondary school de14 gree (or the recognized equivalent of 

15 such a degree) shall be counted to16 ward the determination of the Indian 

17 student count if the institution at 

18 which the student is enrolled has es19 tablished criteria for the admission of 

20 the student on the basis of the ability 

21 of the student to benefit from the 

22 education or training of the institu23 tion. 

24 ‘‘(II) PRESUMPTION.—The insti25 tution shall be presumed to have es-
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1 tablished the criteria described in sub2 clause (I) if the admission procedures 

3 for the institution include counseling 

4 or testing that measures the aptitude 

5 of a student to successfully complete a 

6 course in which the student is en7 rolled. 

8 ‘‘(III) CREDITS TOWARD SEC9 ONDARY SCHOOL DEGREE.—No credit 

10 earned by an Indian student for the 

11 purpose of obtaining a secondary 

12 school degree (or the recognized 

13 equivalent of such a degree) shall be 

14 counted toward the determination of 

15 the Indian student count under this 

16 clause. 

17 ‘‘(v) CONTINUING EDUCATION PRO18 GRAMS.—Any credit earned by an Indian 

19 student in a continuing education program 

20 of a tribally-controlled postsecondary voca21 tional and technical institution shall be in22 cluded in the determination of the sum of 

23 all credit hours of the student if the credit 

24 is converted to a credit-hour basis in ac25 cordance with the system of the institution 
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1 for providing credit for participation in the 

2 program.’’.

Æ