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; or

(2) A member of an Indian Tribe as defined in §273.106.