A bill to amend the Carl D. Perkins Vocational and Technical Education Act of 1998 to modify the definition of "Indian student count".

        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1483 Referred in House (RFH)]

109th CONGRESS
1st Session
S. 1483

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

July 27, 2005

Referred to the Committee on Education and the Workforce

_______________________________________________________________________

AN ACT

To amend the Carl D. Perkins Vocational and Technical Education Act of
1998 to modify the definition of ``Indian student count''.

Be it enacted by the Senate and House of Representatives 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 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 that 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.''.

Passed the Senate July 26, 2005.

Attest:

EMILY J. REYNOLDS,

Secretary.