[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1483 Considered and Passed Senate (CPS)]








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''.

    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.''.
                                 <all>