25 CFR § 273.112 - Who is an eligible Indian student under the Johnson-O'Malley Act?

---
identifier: "/us/cfr/t25/s273.112"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 273.112 - Who is an eligible Indian student under the Johnson-O'Malley Act?"
title_number: 25
title_name: "Indians"
section_number: "273.112"
section_name: "Who is an eligible Indian student under the Johnson-O'Malley Act?"
chapter_name: "BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR"
subchapter_number: "M"
subchapter_name: "INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT PROGRAM"
part_number: "273"
part_name: "EDUCATION CONTRACTS UNDER JOHNSON-O'MALLEY ACT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Secs. 201-203, Pub. L. 93-638, 88 Stat. 2203, 2213-2214 (25 U.S.C. 455-457), unless otherwise noted."
regulatory_source: "85 FR 10948, Feb. 25, 2020, unless otherwise noted."
cfr_part: "273"
---


# 273.112 Who is an eligible Indian student under the Johnson-O'Malley Act?

An Indian student is eligible for benefits provided by a Johnson O'Malley contract if the student is:

(a) From age three (3) years through grade(s) twelve (12);

(b) Not enrolled in a Bureau-funded school or sectarian school (except the student is eligible if enrolled in a previously private school controlled by an Indian Tribe or Tribal organization); and

(c) Is either:

(1) At least one-fourth (
1/4) degree Indian blood descendant of a member of an Indian Tribe as defined in § 273.106; or

(2) A member of an Indian Tribe as defined in § 273.106.