Page:United States Statutes at Large Volume 115 Part 2.djvu/1060

 115 STAT. 2044 PUBLIC LAW 107-110—JAN. 8, 2002 to-government relationship to ensure quality education for all tribal members. " (2) REQUIREMENTS. — "(A) DEFINITION OF CONSULTATION. —In this subsection, the term 'consultation' means a process involving the open discussion and joint deliberation of all options with respect to potential issues or changes between the Bureau and all interested parties. "(B) DISCUSSION AND JOINT DELIBERATION.—During discussions and joint deliberations, interested parties (including tribes and school officials) shall be given an opportunity— "(i) to present issues (including proposals regarding changes in current practices or programs) that will be considered for future action by the Secretary; and "(ii) to participate and discuss the options presented, or to present alternatives, with the views and concerns of the interested parties given effect unless the Secretary determines, from information available from or presented by the interested parties during one or more of the discussions and deliberations, that there is a substantial reason for another course of action. "(C) EXPLANATION BY SECRETARY. —The Secretary shall submit to any Member of Congress, within 18 days of the receipt of a written request by such Member, a written explanation of any decision made by the Secretary which is not consistent with the views of the interested parties described in subparagraph (B). 25 USC 2012. " SEC. 1132. INDIAN EDUCATION PERSONNEL. " (a) IN GENERAL. —Chapter 51, subchapter III of chapter 53, and chapter 63 of title 5, United States Code, relating to classification, pay and leave, respectively, and the sections of such title relating to the appointment, promotion, hours of work, and removal of civil service employees, shall not apply to educators or to education positions (as defined in subsection (p)). DeadHne. "(b) REGULATIONS. —Not later than 60 days after the date of enactment of the Native American Education Improvement Act of 2001, the Secretary shall prescribe regulations to carry out this section. Such regulations shall provide for— "(1) the establishment of education positions; "(2) the establishment of qualifications for educators and education personnel; "(3) the fixing of basic compensation for educators and education positions; "(4) the appointment of educators; "(5) the discharge of educators; "(6) the entitlement of educators to compensation; "(7) the payment of compensation to educators; "(8) the conditions of employment of educators; "(9) the leave system for educators; "(10) the annual leave and sick leave for educators; "(11) the length of the school year applicable to education positions described in subsection (a); and "(12) such additional matters as may be appropriate. "(c) QUALIFICATIONS OF EDUCATORS.—

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