Page:United States Statutes at Large Volume 110 Part 3.djvu/642

 110 STAT. 2372 PUBLIC LAW 104-194—SEPT. 9, 1996 MODIFICATIONS OP BOARD OF EDUCATION REDUCTION-IN-FORCE PROCEDURES SEC 138. The District of Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C. Code, sec. 1 -601.1 et seq.), is amended— (1) in section 301 (D.C. Code, sec. 1 -603.1)— (A) by inserting after paragraph (13), the following new paragraph: "(ISA) The term 'nonschool-based personnel' mesins any employee of the District of Columbia public schools who is not based at a local school or who does not provide direct services to individual students."; and (B) by inserting after paragraph (15), the following new paragraph: "(15A) The term 'school administrators' means principals, assistant principals, school program directors, coordinators, instructional supervisors, and support personnel of the District of Columbia public schools."; (2) in section 801A(b)(2) (D.C. Code, sec. l-609.1(b)(2)(L))— (A) by striking "(L) reduction-in-force" and inserting "(L)(i) reduction-in-force"; and (B) by inserting after subparagraph (L)(i), the following new clause: "(ii) notwithstanding any other provision of law, the Board of Education shall not issue rules that require or permit nonschool-based personnel or school administrators to be assigned or reassigned to the same competitive level as classroom teachers;"; and (3) in section 2402 (D.C. Code, sec. 1-625.2), by adding at the end the following new subsection: "(f) Notwithstanding any other provision of law, the Board of Education shall not require or permit nonschool-based personnel or school administrators to be assigned or reassigned to the same competitive level as classroom teachers.". SEC. 139. (a) Notwithstanding any other provision of law, rule, or regulation, an employee of the District of Columbia Public Schools shall be— (1) classified as an Educational Service employee; (2) placed under the personnel authority of the Board of Education; and (3) subject to all Board of Education rules. (b) School-based personnel shall constitute a separate competitive area from nonschool-based personnel who shall not compete with school-based personnel for retention purposes. MODIFICATION OF REDUCTION-IN-FORCE PROCEDURES SEC. 140. (a) Section 2401 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C. Code, sec. 1-625.1 et seq.) is amended by amending the third sentence to read as follows: "A personnel authority may establish lesser competitive areas within an agency on the basis of all or a clearly identifiable segment of an agency^s mission or a division or major subdivision of an agency.". (b) The District of Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C. Code, sec. 1-601.1 et seq.), as amended by section 149 of the District of Columbia Appropriations Act,

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