25 CFR § 39.230 - How will the provisions of this subpart be phased in?

---
identifier: "/us/cfr/t25/s39.230"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 39.230 - How will the provisions of this subpart be phased in?"
title_number: 25
title_name: "Indians"
section_number: "39.230"
section_name: "How will the provisions of this subpart be phased in?"
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"
---


# 39.230 How will the provisions of this subpart be phased in?

The calculation of the three-year rolling average of ADM for each school and for the entire Bureau-funded school system will be phased-in as shown in the following table.

| Time period | How OIEP must calculate ADM |
| --- | --- |
| (a) First school year after May 31, 2005 | Use the prior 3 years' count period to create membership for funding purposes |
| (b) Second school year after May 31, 2005 | (1) The academic program will use the previous year's ADM school year and the 2 prior years' count periods; and(2) The residential program will use the previous year's count period and the 2 prior years' count weeks |
| (c) Each succeeding school year after May 31, 2005 | Add one year of ADM or count period and drop one year of prior count weeks until both systems are operating on a 3-year rolling average using the previous 3 years' count after period or ADM, respectively. |