Page:United States Statutes at Large Volume 115 Part 2.djvu/1064

 115 STAT. 2048 PUBLIC LAW 107-110-^AN. 8, 2002 "(e) DISCHARGE AND CONDITIONS OF EMPLOYMENT OF EDU- CATORS.— "(1) REGULATIONS.—In promulgating regulations to govern the discharge and conditions of employment of educators, the Secretary shall require— "(A) that procedures shall be established for the rapid and equitable resolution of grievances of educators; "(B) that no educator may be discharged without notice of the reasons for the discharge and an opportunity for a hearing under procedures that comport with the requirements of due process; and Deadline. "(C) that each educator employed in a Bureau school shall be notified 30 days prior to the end of an academic year whether the employment contract of the individual will be renewed for the following year. " (2) PROCEDURES FOR DISCHARGE. — "(A) DETERMINATIONS.— "(i) IN GENERAL.— Except as provided in clause (iii), the supervisor of a Bureau school may discharge (subject to procedures established under paragraph (1)(B)) for cause (as determined under regulations prescribed by the Secretary) any educator employed in such school. "(ii) NOTIFICATION OF BOARD.— On giving notice to an educator of the supervisor's intention to discharge the educator, the supervisor shall immediately notify the local school board of the proposed discharge. "(iii) DETERMINATION BY BOARD. —If the local school board determines that such educator shall not be discharged, that determination shall be followed by the supervisor. "(B) APPEALS. — "(i) IN GENERAL.— The supervisor shall have the right to appeal to the education line officer of the appropriate agency office of the Bureau a determination by a local school board under subparagraph (A)(iii), as evidenced by school board records, not to discharge an educator. "(ii) DECISION OF AGENCY EDUCATION LINE OFFICER. — Upon hearing such an appeal, the agency education line officer may, for good cause, issue a decision overturning the determination of the local school board with respect to the employment of such individual. "(iii) FORM OF DECISION.— The education line officer shall make the decision in writing and submit the decision to the local school board. "(3) RECOMMENDATIONS OF SCHOOL BOARDS FOR DIS- CHARGE. —Each local school board for a Bureau school shall have the right— "(A) to recommend to the supervisor that an educator employed in the school be discharged; and "(B) to recommend to the education line officer of the appropriate agency office of the Bureau and to the Director of the Office, that the supervisor of the school be discharged. " (f) APPLICABILITY OF INDIAN PREFERENCE LAWS.—

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