---
kind: "section"
citation: "25 C.F.R. § 39.217"
title: "25"
number: "39.217"
heading: "How are students counted for the purpose of funding residential services?"
url: "https://uscodex.org/cfr/25/39.217"
---

# §39.217. How are students counted for the purpose of funding residential services?


For a student to be considered in residence for purposes of this subpart, the school must be able to document that the student was:

- (a) In residence at least one night during the first full week of October;
- (b) In residence at least one night during the week preceding the first full week in October;
- (c) In residence at least one night during the week following the first full week in October; and
- (d) Present for both the after school count and the midnight count at least one night during each week specified in this section.

## Notes

### Source

Source: 70 FR 22205, Apr. 28, 2005, unless otherwise noted.

### Authority

Authority: 25 U.S.C. 13, 2008; Public Law 107-110, 115 Stat. 1425.

### Source

Source: 44 FR 61864, Oct. 26, 1979, unless otherwise noted. Redesignated at 47 FR 13327, Mar. 30, 1982.