120 STAT. 712
PUBLIC LAW 109–270—AUG. 12, 2006
appropriate contract support to administer such portion of the appropriated funds. ‘‘(g) COMPLAINT RESOLUTION PROCEDURE.—The Secretary shall establish (after consultation with tribally controlled postsecondary career and technical institutions) a complaint resolution procedure for grant determinations and calculations under this section for tribally controlled postsecondary career and technical institutions. ‘‘(h) DEFINITIONS.—In this section: ‘‘(1) INDIAN; INDIAN TRIBE.—The terms ‘Indian’ and ‘Indian tribe’ have the meanings given the terms in section 2 of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801). ‘‘(2) INDIAN STUDENT COUNT.— ‘‘(A) IN GENERAL.—The term ‘Indian student count’ means a number equal to the total number of Indian students enrolled in each tribally controlled postsecondary career and technical institution, as determined in accordance with subparagraph (B). ‘‘(B) DETERMINATION.— ‘‘(i) ENROLLMENT.—For each academic year, the Indian student count shall be determined on the basis of the enrollments of Indian students as in effect at the conclusion of— ‘‘(I) in the case of the fall term, the third week of the fall term; and ‘‘(II) in the case of the spring term, the third week of the spring term. ‘‘(ii) CALCULATION.—For each academic year, the Indian student count for a tribally controlled postsecondary career and technical institution shall be the quotient obtained by dividing— ‘‘(I) the sum of the credit hours of all Indian students enrolled in the tribally controlled postsecondary career and technical institution (as determined under clause (i)); by ‘‘(II) 12. ‘‘(iii) SUMMER TERM.—Any credit earned in a class offered during a summer term shall be counted in the determination of the Indian student count for the succeeding fall term. ‘‘(iv) STUDENTS WITHOUT SECONDARY SCHOOL DEGREES.— ‘‘(I) IN GENERAL.—A credit earned at a tribally controlled postsecondary career and technical institution by any Indian student that has not obtained a secondary school degree (or the recognized equivalent of such a degree) shall be counted toward the determination of the Indian student count if the institution at which the student is enrolled has established criteria for the admission of the student on the basis of the ability of the student to benefit from the education or training of the institution. ‘‘(II) PRESUMPTION.—The institution shall be presumed to have established the criteria described in subclause (I) if the admission procedures for the institution include counseling or
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