A. The tribal college dual enrollment program fund is established consisting of monies deposited pursuant to section 5-568, other monies appropriated by the legislature and gifts, grants, devises and other contributions of monies or property from any lawful public or private source. The department of education shall administer the fund. The department shall distribute monies in the fund to provide choice and access to higher education for high school students in this state by compensating tribal colleges for books and instructional materials and for tuition and fees that are waived to allow high school students to attend classes at tribal college campuses, including classes that are provided electronically by the tribal college to high school students. Monies in the fund are subject to legislative appropriation. On notice from the department, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

B. The office of Indian education within the department may provide technical assistance to tribal colleges and high schools in connection with initiating and operating a dual enrollment program.

C. A tribal college dual enrollment program may offer courses pursuant to intergovernmental agreements with high schools that are located outside of a reservation to student members of a tribe living off of the reservation and to other students. A course offered pursuant to this subsection must qualify for a certificate or degree program and must relate to tribal language, government or culture or any other college subject.