Page:United States Statutes at Large Volume 115 Part 2.djvu/1062

 115 STAT. 2046 PUBLIC LAW 107-110-^AN. 8, 2002 "(ii) that a determination by such school board, as evidenced by school board records, that such individual should or should not be so employed shall be instituted by the supervisor (or with respect to the position of supervisor, by the superintendent for education of the agency office); "(C)(i) before an individual is employed in an education position in an agency or area office of the Bureau, the appropriate agency school board shall be consulted; and "(ii) a determination by such school board, as evidenced by school board records, that such individual should or should not be employed shall be instituted by the superintendent for education of the agency office; and "(D) all employment decisions or actions be in compliance with all applicable Federal, State, and tribal laws. "(2) INFORMATION REGARDING APPLICATION AT NATIONAL LEVEL.— " (A) IN GENERAL.— 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. "(B) DETERMINATION OF ACCURACY. —If such individual is employed at the local level, such individual's name shall be immediately forwarded to the Secretary, who shall, as soon as practicable but in no event in more than 30 days, ascertain the accuracy of the statement made by such individual pursuant to subparagraph (A). "(C) FALSE STATEMENTS.— Notwithstanding subsection (e), if the individual's statement is found to have been false, such individual, at the Secretary's discretion, may be disciplined or discharged. " (D) CONDITIONAL APPOINTMENT FOR NATIONAL PROVI- SION.—I f the individual has 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. "(3) STATUTORY CONSTRUCTION.—Except as expressly provided, nothing in this section shall be construed as conferring upon local school boards authority over, or control of, educators at Bureau-funded schools or the authority to issue management decisions. " (4) APPEALS.— " (A) BY SUPERVISOR.— "(i) IN GENERAL.— The supervisor of a school may appeal to the appropriate agency education line officer any determination by the local school board for the school that an individual be employed, or not be employed, in an education position in the school (other than that of supervisor) by filing a written statement describing the determination and the reasons the supervisor believes such determination should be overturned.

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