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

1. (a) From age three (3) years through grade(s) twelve (12);
2. (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

3. (c) Is either:

   1. (1) At least one-fourth ( 1/4) degree Indian blood descendant of a member of an Indian Tribe as defined in § 273.106; or
   2. (2) A member of an Indian Tribe as defined in § 273.106.