Page:United States Statutes at Large Volume 115 Part 2.djvu/1070

 115 STAT. 2054 PUBLIC LAW 107-110—JAN. 8, 2002 "(11) any activity (other than teaching) which requires academic credits in educational theory and practice equal to the academic credits in educational theory and practice required for a bachelor's degree in education from an accredited institution of higher education; "(III) any activity in or related to the field of education notwithstanding that academic credits in educational theory and practice are not a formal requirement for the conduct of such activity; or "(IV) support services at, or associated with, the site of the school; or "(B) are performed at the agency level of the Bureau and involve the implementation of education-related programs other than the position for agency superintendent for education. "(2) EDUCATOR.—The term 'educator' means an individual whose services are required, or who is employed, in an education position. "(p) COVERED INDIVIDUALS; ELECTION.— T h is section shall apply with respect to any educator hired after November 1, 1979 (and to any educator who elected for coverage under that provision after November 1, 1979) and to the position in which such individual is employed. The enactment of this section shall not affect the continued employment of an individual employed on October 31, 1979, in an education position, or such person's right to receive the compensation attached to such position. "(q) FURLOUGH WITHOUT CONSENT. — "(1) IN GENERAL. —An educator who was employed in an education position on October 31, 1979, who was eligible to make an election under subsection (p) at that time, and who did not make the election under such subsection, may not be placed on furlough (within the meaning of section 7511(a)(5) of title 5, United States Code, without the consent of such educator for an aggregate of more than 4 weeks within the same calendar year, unless— "(A) the supervisor, with the approval of the local school board (or of the education line officer upon appeal under paragraph (2)), of the Bureau school at which such educator provides services determines that a longer period of furlough is necessary due to an insufficient amount of funds available for personnel compensation at such school, as determined under the financial plan process as determined under section 1129(b); and "(B) all educators (other than principals and clerical employees) providing services at such Bureau school are placed on furloughs of equal length, except that the supervisor, with the approval of the local school board (or of the agency education line officer upon appeal under paragraph (2)), may continue one or more educators in pay status if— "(i) such educators are needed to operate summer programs, attend summer training sessions, or participate in special activities including curriculum development committees; and

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