25 CFR 39.209
§ 39.209 When may a school count a student for membership purposes?
United States · 25 CFR — Indians · Status: effective
Cite this
- Citation
- 25 CFR 39.209, § 39.209 When may a school count a student for membership purposes?, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/104259
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Full text
If a student is enrolled, is in attendance during any of the first 10 days of school, and receives at least 5 days' instruction, the student is deemed to be enrolled all 10 days and shall be counted for ADM purposes. The first 10 days of school, for purposes of this section, are determined by the calendar that the school submits to OIEP.
(a) For ISEP purposes, a school can add a student to the membership when he or she has been enrolled and has received a full day of instruction from the school.
(b) Except as provided in § 39.210, to be counted for ADM, a student dropped under § 39.209 must:
(1) Be re-enrolled; and
(2) Receive a full day of instruction from the school.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.