---
kind: "section"
citation: "25 C.F.R. § 273.115"
title: "25"
number: "273.115"
heading: "Who determines the unique educational needs of eligible Indian students?"
url: "https://uscodex.org/cfr/25/273.115"
---

# §273.115. Who determines the unique educational needs of eligible Indian students?

- (a) When a school district to be affected by a contract(s) for the education of Indians has a local school board composed of a majority of Indians, the local school board may act as the Indian Education Committee; otherwise, the parents of Indian children may elect an Indian Education Committee from among their number or a Tribal governing body(ies) of the Indian Tribe(s) affected by the contract(s) may specify one of the following entities to serve as the Indian Education Committee:
  - (1) A Local Indian Committee or Committees; or
  - (2) **An Indian Advisory School Board or Boards.**
- (b) The Tribal governing body(ies) of the Indian Tribe(s) affected by the contract(s) may specify one of the entities in paragraph [(a)(1)](#a-1) or [(2)](#a-2) of this section at its discretion if the Indian Education Committee was established prior to January 4, 1975.

## 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.