Page:United States Statutes at Large Volume 108 Part 5.djvu/514

 108 STAT. 4004 PUBLIC LAW 103-382—OCT. 20, 1994 to such board and to such supervisor identifying the reasons for overturning such determination. "(B) The education hne officer of an agency office of the Bureau may appeal to the Director of the Office any determination by the local school board for the school that an individual be employed, or not be employed, as the supervisor of a school by filing a written statement describing the determination and the reasons the supervisor believes such determination should be overturned. A copy of such statement shall be submitted to the local school board and such board shall be afforded an opportunity to respond, in writing, to such appeal. After reviewing such written appeal and response, the Director may, for good cause, overturn the determination of the local school board. The Director shall transmit the determination of such appeal in the form of a written opinion to such board and to such education line officer identifying the reasons for overturning such determination. "(3) The education line officer of an agency office of the Bureau may appeal to the Director of the Office EOiy determination by the agency school board that an individual be employed, or not be employed, in an education position in such agency office by filing a written statement describing the determination and the reasons the supervisor believes such determination should be overturned. A copy of such statement shall be submitted to the agency school board and such board shall be afforded an opportunity to respond, in writing, to such appeal. After reviewing such written appeal and response, the Director may, for good cause, overturn the determination of the agency school board. The Director shall transmit the determination of such appeal in the form of a written opinion to such board and to such education line officer identifying the reasons for overturning such determination. "(4) Any individual who applies at the local level for an education position shall state on such individual's application whether or not such individual has applied at the national level for an education position in the Bureau. If such individual is employed at the local level, such individual's name shall immediately be forwarded to the Secretary, who shall, as soon as possible but in no event in more than 30 days, ascertain the accuracy of the statement made by such individual pursuant to the first sentence of this paragraph. If the individual's statement is found to have been false, such individual, at the Secretary's discretion, may be disciplined or discharged. If the individual had applied at the national level for an education position in the Bureau, the appointment of such individual at the local level shall be conditional for a period of 90 days, during which period the Secretary may appoint a more qualified individual (as determined by the Secretary) from the list maintained at the national level pursuant to subsection (c)(l)(A)(ii) to the position to which such individual was appointed. "(5) Except as expressly provided, nothing in this section shall be construed as conferring upon local school boards, authority over, or control of, educators. "(e)(1) In prescribing regulations to govern the discharge and conditions of employment of educators, the Secretary shall require— "(A) that procedures be established for the rapid and equitable resolution of grievances of educators; "(B) that no educator may be discharged without notice of the reasons therefore and opportunity for a hearing under

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