102 STAT. 368
PUBLIC LAW 100-297—APR. 28, 1988
"(c) After June 30, 1989, no regulation prescribed for the application of any program provided under this title shall become effective unless— "(1) the regulation has been published as a proposed regulation in the Federal Register, "(2) an opportunity of no less than 90 days has been afforded the public to comment on the published proposed regulation, and "(3) the regulation has, after such period for public comment, been published in the Federal Register as a final regulation. "(d) For purposes of this section, the term 'regulation' means any rules, regulations, guidelines, interpretations, orders, or requirements of general applicability prescribed by any officer or employee of the Executive Branch.". SEC. 5107. FORMULA MODIFICATIONS. (a) IN GENERAL.—
(1) Paragraph (1) of section 1128(c) of the Education Amendments of 1978 (25 U.S.C. 2008(c)(1)) is amended to read as follows: "(1) For fiscal year 1990, and for each subsequent fiscal year, the Secretary shall adjust the formula established under subsection (a) to— "(A) use a weighted unit of 1.2 for each eligible Indian student enrolled in the seventh and eighth grades of the school in considering the number of eligible Indian students served by the school; "(B) consider a school with an average daily attendance of less than 50 eligible Indian students as having an average daily attendance of 50 eligible Indian students for purposes of implementing the adjustment factor for small schools; and "(C) take into account the provision of residential services on a less than 9-month basis at a school when the school board and supervisor of the school determine that a less than 9-month basis will be implemented for the school year involved.". (2) Subsection (c) of section 1128 of the Education Amendments of 1978 (25 U.S.C. 2008(c)) is amended by adding at the end thereof the following new paragraphs: "(4KA) The Secretary shall adjust the formula established under subsection (a) to use a weighted unit of 2.0 for each eligible Indian student that— "(i) is gifted and talented (as determined pursuant to section 5324 of the Indian Education Amendments of 1988), and "(ii) is enrolled in the school on a full-time basis, in considering the number of eligible Indian students served by the school. "(B) The adjustment required under subparagraph (A) shall be used for the later of the following fiscal years and for each fiscal year succeeding such later fiscal year: "(i) the second fiscal year succeeding the fiscal year in which the Secretary of Education makes the report required under section 5324(c)(6)(B) of the Indian Education Act of 1988, or
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