I 
109TH CONGRESS 
2D SESSION 
H. R. 4934 
To amend the Carl D. Perkins Vocational and Technical Education Act 
of 1998 to modify the definition of ‘‘Indian student count’’. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 9, 2006 
Mr. UDALL of Colorado introduced the following bill; which was referred to 
the Committee on Education and the Workforce 
A BILL 
To amend the Carl D. Perkins Vocational and Technical 
Education Act of 1998 to modify the definition of ‘‘In-
dian student count’’. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. DEFINITION OF INDIAN STUDENT COUNT. 
Section 117(h) of the Carl D. Perkins Vocational and 
Technical Education Act of 1998 (20 U.S.C. 2327(h)) is 
amended by striking paragraph (2) and inserting the fol-
lowing: 
‘‘(2) INDIAN STUDENT COUNT.— 
‘‘(A) IN GENERAL.—The term ‘Indian stu-
dent count’ means a number equal to the total 
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number of Indian students enrolled in each trib-
ally-controlled postsecondary vocational and 
technical institution, as determined in accord-
ance with subparagraph (B). 
‘‘(B) DETERMINATION.— 
‘‘(i) ENROLLMENT.—For each aca-
demic year, the Indian student count shall 
be determined on the basis of the enroll-
ments 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 aca-
demic year, the Indian student count for a 
tribally-controlled postsecondary vocational 
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 voca-
tional and technical institution (as de-
termined under clause (i)); by 
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‘‘(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 suc-
ceeding fall term. 
‘‘(iv) 
STUDENTS
WITHOUT
SEC-
ONDARY SCHOOL DEGREES.— 
‘‘(I) 
IN
GENERAL.—A 
credit 
earned at a tribally-controlled postsec-
ondary vocational and technical insti-
tution by any Indian student that has 
not obtained a secondary school de-
gree (or the recognized equivalent of 
such a degree) shall be counted to-
ward the determination of the Indian 
student count if the institution at 
which the student is enrolled has es-
tablished 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 institu-
tion. 
‘‘(II) PRESUMPTION.—The insti-
tution shall be presumed to have es-
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tablished the criteria described in sub-
clause (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 en-
rolled. 
‘‘(III) CREDITS
TOWARD
SEC-
ONDARY 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
PRO-
GRAMS.—Any credit earned by an Indian 
student in a continuing education program 
of a tribally-controlled postsecondary voca-
tional and technical institution shall be in-
cluded in the determination of the sum of 
all credit hours of the student if the credit 
is converted to a credit-hour basis in ac-
cordance with the system of the institution 
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for providing credit for participation in the 
program.’’. 
Æ 
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