25 CFR § 39.211 - What other categories of students can a school count for membership purposes?
---
identifier: "/us/cfr/t25/s39.211"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 39.211 - What other categories of students can a school count for membership purposes?"
title_number: 25
title_name: "Indians"
section_number: "39.211"
section_name: "What other categories of students can a school count for membership purposes?"
chapter_name: "BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR"
subchapter_number: "E"
subchapter_name: "EDUCATION"
part_number: "39"
part_name: "THE INDIAN SCHOOL EQUALIZATION PROGRAM"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "25 U.S.C. 13, 2008; Public Law 107-110, 115 Stat. 1425."
regulatory_source: "44 FR 61864, Oct. 26, 1979, unless otherwise noted. Redesignated at 47 FR 13327, Mar. 30, 1982."
cfr_part: "39"
---
# 39.211 What other categories of students can a school count for membership purposes?
A school can count other categories of students for membership purposes as shown in the following table.
| Type ofstudent | Circumstances under which student can be included in the school's membership |
| --- | --- |
| (a) Homebound | (1) The student is temporarily confined to the home for some or all of the school day for medical, family emergency, or other reasons required by law or regulation;(2) The student is being provided by the school with at least 5 documented contact hours each week of academic services by certified educational personnel; and(3) Appropriate documentations is on file at the school. |
| (b) Located in an institutional setting outside of the school | The school is either:(1) Paying for the student to receive educational services from the facility; or(2) Providing educational services by certified school staff for at least 5 documented contact hours each week. |
| (c) Taking college courses during the school day | The student is both:(1) Concurrently enrolled in, and receiving credits for both the school's courses and college courses; and(2) In physical attendance at the school at least 3 documented contact hours per day. |
| (d) Taking distance learning courses | The student is both:(1) Receiving high school credit for grades; and(2) In physical attendance at the school at least 3 documented contact hours per day. |
| (e) Taking internet courses | The student is both:(1) Receiving high school credit for grades; and(2) Taking the courses at the school site under a teacher's supervision. |