Page:United States Statutes at Large Volume 115 Part 2.djvu/1061

 PUBLIC LAW 107-110-^AN. 8, 2002 115 STAT. 2045 "(1) REQUIREMENTS. —In prescribing regulations to govern the qualifications of educators, the Secretary shall require that— "(A) lists of qualified and interviewed applicants for education positions be maintained in each agency and area office of the Bureau from among individuals who have applied at the agency or area level for an education position or who have applied at the national level and have indicated in such application an interest in working in certain areas or agencies; "(B) a local school board shall have the authority to waive on a case-by-case basis, any formal education or degree qualifications established by regulation pursuant to subsection (b)(2), in order for a tribal member to be hired in an education position to teach courses on tribal culture and language and that subject to subsection (e)(2), a determination by a school board that such a person be hired shall be instituted by the supervisor of the school involved; and "(C) that it shall not be a prerequisite to the employ- ment of an individual in an education position at the local level that— "(i) such individual's name appear on a list maintained pursuant to subparagraph (A); or "(ii) such individual have applied at the national level for an education position. " (2) EXCEPTION FOR CERTAIN TEMPORARY EMPLOYMENT. — The Secretary may authorize the temporary employment in an education position of an individual who has not met the certification standards established pursuant to regulations if the Secretary determines that failure to do so would result in that position remaining vacant. "(d) HIRING OF EDUCATORS.— "(1) REQUIREMENTS.—In prescribing regulations to govern the appointment of educators, the Secretary shall require— "(A)(i)(I) that educators employed in a Bureau school (other than the supervisor of the school) shall be hired by the supervisor of the school; and "(II) in a case in which there are no qualified applicants available to fill a vacancy at a Bureau school, the supervisor may consult a list maintained pursuant to subsection (c)(1)(A); "(ii) each supervisor of a Bureau school shall be hired by the education line officer of the agency office of the Bureau for the jurisdiction in which the school is located; "(iii) each educator employed in an agency office of the Bureau shall be hired by the superintendent for education of the agency office; and "(iv) each education line officer and educator employed in the office of the Director of the Office shall be hired by the Director; "(B)(i) before an individual is employed in an education position in a Bureau school by the supervisor of the school (or, with respect to the position of supervisor, by the appropriate agency education line officer), the local school board for the school shall be consulted; and

�