S.Amdt. 2258Senate109th Congress (2005-2007)

S.Amdt. 2258

What it does: Adds SEC. __. DEFINITION OF INDIAN STUDENT COUNT at the end of title III
Submitted October 25, 2005

What it changes

1 change to H.R. 3010

Adds a section

We couldn't match these changes to the text of H.R. 3010, so they're shown as written.

  1. Adds SEC. __. DEFINITION OF INDIAN STUDENT COUNT at the end of title III

    Adds a section

    Inserted: SEC. __. DEFINITION OF INDIAN STUDENT COUNT.

    Inserted: 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 following:

    Inserted: "(2) Indian student count.--

    Inserted: "(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 vocational and technical institution, as determined in accordance with subparagraph (B).

    Inserted: "(B) Determination.--

    Inserted: "(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--

    Inserted: "(I) in the case of the fall term, the third week of the fall term; and

    Inserted: "(II) in the case of the spring term, the third week of the spring term.

    Inserted: "(ii) Calculation.--For each academic year, the Indian student count for a tribally-controlled postsecondary vocational and technical institution shall be the quotient obtained by dividing--

    Inserted: "(I) the sum of the credit-hours of all Indian students enrolled in the tribally-controlled postsecondary vocational and technical institution (as determined under clause (i)); by

    Inserted: "(II) 12.

    Inserted: "(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.

    Show 5 more inserted paragraphs

    Inserted: "(iv) Students without secondary school degrees.--

    Inserted: "(I) In general.--A credit earned at a tribally-controlled postsecondary vocational and technical institution by any Indian student who 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.

    Inserted: "(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.

    Inserted: "(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.

    Inserted: "(v) Continuing education programs.--Any credit earned by an Indian student in a continuing education program of a tribally-controlled postsecondary vocational 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.".

    Original wording

    At the end of title III (before the short title), insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 2258. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an amendment intended to be proposed by him to the bill H.R. 3010, making appropriations for the Departments of Labor, Health and Human Services, and Education, and Related Agencies for the fiscal year ending September 30, 2006, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title III (before the short title), insert the following:

SEC. __. 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 following:

“(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 vocational 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 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 vocational 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 vocational and technical institution by any Indian student who 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 vocational 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.”.

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Senate amendment submitted

October 25, 2005