---
kind: "section"
citation: "25 C.F.R. § 273.112"
title: "25"
number: "273.112"
heading: "Who is an eligible Indian student under the Johnson-O'Malley Act?"
url: "https://uscodex.org/cfr/25/273.112"
---

# §273.112. Who is an eligible Indian student under the Johnson-O'Malley Act?


An Indian student is eligible for benefits provided by a Johnson O'Malley contract if the student is:

- (a) From age three (3) years through grade(s) twelve (12);
- (b) Not enrolled in a Bureau-funded school or sectarian school (except the student is eligible if enrolled in a previously private school controlled by an Indian Tribe or Tribal organization); and
- (c) **Is either—**
  - (1) At least one-fourth ( 1/4) degree Indian blood descendant of a member of an Indian Tribe as defined in [§ 273.106](/cfr/25/273.106.md); or
  - (2) A member of an Indian Tribe as defined in [§ 273.106](/cfr/25/273.106.md).

## Notes

### Authority

Authority: Secs. 201-203, Pub. L. 93-638, 88 Stat. 2203, 2213-2214 (25 U.S.C. 455-457), unless otherwise noted.

### Source

Source: 85 FR 10948, Feb. 25, 2020, unless otherwise noted.