CFR > Title 25 - Indians > CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR > SUBCHAPTER E—EDUCATION (parts 30 to 47) > PART 39—THE INDIAN SCHOOL EQUALIZATION PROGRAM > SUBPART B—Indian School Equalization Formula (§39.100 to §39.160) > 39.104—How must a school's base funding provide for students with disabilities?

39.104—How must a school's base funding provide for students with disabilities?

(a) Each school must provide for students with disabilities by:
(1) Reserving 15 percent of academic base funding to support special education programs; and
(2) Providing resources through residential base funding to meet the needs of students with disabilities under the National Criteria for Home-Living Situations.
(b) A school may spend all or part of the 15 percent academic base funding reserved under paragraph (a)(1) of this section on school-wide programs to benefit all students (including those without disabilities) only if the school can document that it has met all needs of students with disabilities with such funds, and after having done so, there are unspent funds remaining from such funds.