board and room by part-time work at Federal boarding schools that are located near a college, trade, or vocational school.

§ 32.3 Applications.

Applications for educational loans, grants, and working scholarships shall be submitted through the superintendent or officer in charge of the agency at which the applicant is enrolled in the manner prescribed by the Commissioner.

§ 32.4 Security.

If a borrower or cosigner has security to offer for an educational loan it must be given in an amount adequate to protect the loan.

§ 32.5 Repayments.

Repayment schedules for educational loans may provide not to exceed two years for repayment for each year in school.

PART 34-ADMINISTRATION OF A PROGRAM OF VOCATIONAL TRAINING FOR ADULT INDIANS

Sec.

34.1 Scope of the vocational training program.

34.2 Filing application.

34.3 Selection of applicants.

34.4 Satisfactory progress during training. 34.5 Approval of courses for vocational training at institutions.

34.6 Approval of apprenticeship training. 34.7 Approval of on-the-job training. 34.8 Financial assistance for trainees. 34.9 Contracts and agreements. 34.10 Waiver or exception.

AUTHORITY: Sec. 1, 70 Stat. 986; 25 U.S.C.

309.

SOURCE: 22 FR 10534, Dec. 24, 1957, unless otherwise noted.

§ 34.1 Scope of the vocational training program.

The vocational training program provides for vocational counseling or guidance, institutional training in any vocational or trade school, as provided in g34.5, apprenticeship and on-thejob training, for a period not exceeding twenty-four months, and for nurses' training, for periods that do not exceed thirty-six months. [29 FR 5828, May 2, 1964]

§ 34.2 Filing application.

Applications for adult vocational training services may be filed at agency or similar field offices of the Bureau of Indian Affairs on and after July 1, 1957.

§ 34.3 Selection of applicants.

The Vocational Training Program is available primarily to adult Indians of one-fourth or more degree of Indian blood who are not less than 18 and not more than 35 years of age and who reside within the exterior boundaries of Indian reservations under the jurisdiction of the Bureau of Indian Affairs or on trust or restricted lands under the jurisdiction of the Bureau of Indian Affairs. The Program is also available to additional Indians who reside near reservations in the discretion of the Secretary of the Interior when the failure to provide the services would have a direct effect upon Bureau programs within the reservation boundaries. An application for training services may be approved, within the limitation of available funds, when it is determined that the applicant is in need of such training in order to obtain reasonable and satisfactory employment, and that it is feasible for him to pursue such training. Reasonable and satisfactory employment is employment that provides:

(a) Sufffcient income for the individual or family unit to live at an economic level considered as adequate in the community; and

(b) Opportunity for advancement on the basis of skill and experience acquired in the course of employment. [27 FR 510, Jan. 18, 1962]

§ 34.4 Satisfactory progress during training.

An applicant who enters training pursuant to the provisions of this part, is required to make satisfactory progress in his course of training and to conform to a reasonable standard of conduct. Failure to meet these requirements due to reasons within his control may result in termination of training or loss of further training benefits.

§ 34.5 Approval of courses for vocational training at institutions.

A course of vocational training at any institution, public or private, offering vocational training, or with any school of nursing offering a 3-year course of study leading to a diploma in nursing which is accredited by a recognized body or bodies approved for such purpose by the Secretary, may be approved; Provided,

(a) The institution is accredited by a recognized national or regional accrediting association; or

(b) The institution is approved for training by a State agency authorized to make such approvals; and,

(c) It is determined that there is reasonable certainty of employment for graduates of the institution in their respective fields of training.

[34 FR 17520, Oct. 30, 1969]

§ 34.6 Approval of apprenticeship training. A program of apprenticeship training may be approved when such training:

(a) Is offered by a corporation or association which has furnished such training to bona fide apprentices for at least one year preceding participation in this program; and

(b) Is under the supervision of a State apprenticeship agency, a State Apprenticeship Council, or the Federal Apprenticeship Training Service; and

(c) Leads to an occupation which requires the use of skills that normally are learned through training on the job and employment in which occupation is based upon training on the job rather than upon such elements as length of service, normal turnover, personality, and other personal characteristics; and

(d) Is identified expressly as apprenticeship training by the establishment offering it.

§ 34.7 Approval of on-the-job training.

On-the-job training may be approved when such training is offered by a corporation or association which has an existing on-the-job training program which is recognized by indus

try and labor as leading to skilled employment.

§ 34.8 Financial assistance for trainees.

Individuals or family units where the head of the family is entering training under this part may be granted financial assistance to provide for transportation to the place of training, and subsistence during the course of training. For purposes of this part, subsistence may be construed to provide for all or any part of the following items: Medical examinations; subsistence en route; subsistence during the course of training until the first full pay check from employment has been received; personal appearance; housewares; furniture; health care; payment for required books; supplies and tools for training; and payment of tuition and related cost and other required expenses, in accordance with the schedule and amounts as established by the Secretary or his authorized representative.

[27 FR 1888, Feb. 28, 1962]

§ 34.9 Contracts and agreements.

Training facilities and services required for the program of vocational training may be arranged through contracts or agreements with agencies, establishments, or organizations. These may include:

(a) Appropriate Federal, State, or local government agencies, or

(b) Private schools which have a recognized reputation in vocational education as successfully obtaining employment for its graduates in the fields of training approved by the Secretary or his authorized representative, for purposes of the program, or (c) Corporations and associations with apprenticeship on-the-job training programs recognized by industry and labor as leading to skilled employment.

[34 FR 17520, Oct. 30, 1969]

or

§ 34.10 Waiver or exception.

The rules set forth in this part are prescribed as required by section 1, of the act of August 3, 1956, 70 Stat. 986. Waiver of or exception to these rules may be made where such waiver or ex

ception is not inconsistent with any terms of said statute, upon a finding by the Secretary of the Interior that such waiver or exception is justified by circumstances not contemplated by these rules and such action is desirable to carry out the purpose of the statute.

PART 35-STUDENT RIGHTS AND DUE PROCESS PROCEDURES

Sec.

35.1 Purpose.

35.2 Application to Bureau schools. 35.3 Rights of the individual student.

35.4 Due process.

35.5 Application to schools under Bureau contract.

AUTHORITY: 5 U.S.C. sec. 301.

SOURCE: 39 FR 32741, Sept. 11, 1974, unless otherwise noted.

§ 35.1 Purpose.

The regulations in this part govern establishing programs of student rights and due process procedures in Bureau of Indian Affairs schools and in schools that are operating under contract with the Bureau of Indian Affairs.

§ 35.2 Application to Bureau schools.

All Bureau of Indian Affairs schools shall be governed by the regulations set forth in this part and said regulations shall be expressly included as a part of the local school regulations of each Bureau of Indian Affairs school. all Upon admission, students of Bureau of Indian Affairs schools shall be given a copy of the school regulations governing the conduct of students and shall be notified of any amendments thereto.

§ 35.3 Rights of the individual student.

Individual students at Bureau of Indian Affairs schools have, and shall be accorded, the following rights:

(a) The right to an education.

(b) The right to be free from unreasonable search and seizure of their person and property, to a reasonable degree of privacy, and to a safe and secure environment.

(c) The right to make his or her own decisions where applicable.

(d) The right to freedom of religion and culture.

(e) The right to freedom of speech and expression, including symbolic expression, such as display of buttons, posters, choice of dress, and length of hair, so long as the symbolic expression does not unreasonably and in fact disrupt the educational process or endanger the health and safety of the student or others.

(f) The right to freedom of the press, except where material in student publications is libelous, slanderous, or obscene.

(g) The right to peaceably assemble and to petition the redress of griev

ances.

(h) The right to freedom from discrimination.

(i) The right to due process. Every student is entitled to due process in every instance of disciplinary action for alleged violation of school regulations for which the student may be subjected to penalties of suspension, expulsion, or transfer.

§ 35.4 Due process.

Due process shall include:

(a) Written notice of charges within a reasonable time prior to a hearing. Notice of the charges shall include reference to the regulation allegedly violated, the facts alleged to constitute the violation, and notice of access to all statements of persons relating to the charge and to those parts of the student's school record which will be considered in rendering a disciplinary decision.

(b) A fair and impartial hearing prior to the imposition of disciplinary action absent the actual existence of an emergency situation seriously and immediately endangering the health or safety of the student or others. In an emergency situation the official may impose disciplinary action not to exceed a temporary suspension, but shall immediately thereafter report in writing the facts (not conclusions) giving rise to the emergency and shall afford the student a hearing which fully comports with due process, as set forth herein, as soon as practicable thereafter.

(c) The right to have present at the hearing the student's parent(s) or guardian(s) (or their designee) and to be represented by lay or legal counsel of the student's choice. Private attorney's fees are to be borne by the student.

(d) The right to produce, and have produced, witnesses on the student's behalf and to confront and examine all witnesses.

(e) The right to a record of hearings of disciplinary actions, including written findings of fact and conclusions in all cases of disciplinary action.

Non-Bureau of Indian Affairs schools which are funded under contract with the Bureau of Indian Affairs must also recognize these student rights.

PART 41-PREPARATION OF ROLLS OF INDIANS

Sec.

41.1 Definitions.

41.2 Purpose.

41.3 Qualifications for enrollment and the deadline for filing applications.

41.4 Application forms.

41.5 Filing of applications.

41.6 Burden of proof.

41.7 Review of applications by tribal authorities.

41.8 Action by the Director. 41.9 Appeals.

41.10 Decision of the Secretary on appeals. 41.11 Preparation of roll.

41.12 Certification and approval of roll. 41.13 Special instructions.

AUTHORITY: Sections 463 and 465 Revised Statutes, 25 U.S.C. 2 and 9.

SOURCE: 30 FR 7745, June 16, 1965, unless otherwise noted.

§ 41.1 Definitions.

(a) "Act" means any act of Congress authorizing the directing the Secretary to prepare a roll of a specific tribe or band of Indians.

(b) "Secretary" means the Secretary of the Interior or his authorized representative.

(c) "Commissioner" means the Commissioner of Indian Affairs or his authorized representative.

(d) "Director" means the Area Director or his authorized representative of the Bureau of Indian Affairs Office which has administrative jurisdiction over the local office responsible for administering the affairs of the tribe.

(e) "Superintendent" means the official or other designated representative of the Bureau of Indian Affairs in charge of the local office which has immediate administrative jurisdiction over the affairs of the tribe for which a roll is being prepared.

(f) "Staff Officer" means the Enrollment Officer or other person authorized to prepare the roll.

(g) "Tribal Committee" means the body of the tribe vested with authority to pass on enrollment matters.

(h) "Descendents" means those persons who are the issue of the ancestor

through whom enrollment rights are claimed, namely, the children, grandchildren, etc. It does not include collateral relatives such as aunts, uncles, cousins, etc.

(i) "Sponsor" means a parent, recognized guardian, next friend, next of kin, spouse, executor or administrator of estate, the Director or other person who files an application for enrollment on behalf of another person.

(j) "Basic Roll" means the specific allotment, annuity, census or other roll designated in the act as the basis upon which a new roll is to be compiled.

(k) "Lineal ancestor" means an ancestor, living or deceased, who is related to an applicant by direct ascent, namely parent, grandparent, etc. It does not include collateral relatives such as aunts, uncles, etc.

[30 FR 7745, June 16, 1965, as amended at 33 FR 18154, Dec. 6, 1968]

§ 41.2 Purpose.

The regulations in this Part 41 are to govern the compilation of rolls of Indian tribes by the Secretary of the Interior pursuant to statutory authority. The regulations are not to apply in the compilation of tribal membership rolls where the responsibility for the preparation and maintenance of such rolls rests with the tribes.

§ 41.3 Qualifications for enrollment and the deadline for filing applications. (a) Qualifications which must be met to establish eligibility for enrollment and the deadline for filing enrollment applications will be included in this Part 41 by appropriate amendments to this section.

(b) Tlingit and Haida Tribes in Alaska: All persons of Tlingit or Haida Indian blood residing in the various local communities or areas in the United States or Canada on August 19, 1965, shall be eligible for enrollment provided they were legal residents of the Territory of Alaska on June 19, 1935, or prior thereto, or they are descendants of persons of Tlingit or Haida Indian blood who were legal