Page:United States Statutes at Large Volume 92 Part 2.djvu/1042

 92 STAT. 2322

PUBLIC LAW 95-561—NOV. 1, 1978 lailiCATION

PERSONNEL

25 USC 2011. SEC. 1131. (a)(1) Chapter 51, subchapter III of chapter 53, and 5 USC 5101 et chapter 63 of title 5, United States Code, relating to leave, pay, and seq., 5301, 6301 classification, and the sections relating to the appointment, promotion

et seq.

Regulations.

Educator qualifications, requirements.

Educator appointments, requirements.

and removal of civil service employees, shall not apply to educators or to education positions (as defined in subsection (n)). (2) Paragraph (1) shall take effect one year after the date of enactment of this Act. (b) Not later than the effective date of subsection (a)(2), the Secretary shall prescribe regulations to carry out this section. Such regulations shall govern—• (1) the establishment of education positions, (2) the establishment of qualifications for educators, (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 length of the school year applicable to education positions described in subsection (n)(1)(A), , (10) the leave system for educators, and (11) such other matters as may be appropriate. (c)(1) In prescribing regulations to govern the qualifications of educators, the Secretary shall require— (A)(i) that 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; and (ii) that a list of qualified and interviewed applicants for education positions be maintained in the Office from among individuals who have applied at the national level for an education position and who have expressed interest in working in an education position anywhere in the United States; (B) that 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 (d)(2)(A), a determination by a school board that such a person be hired shall be followed by the supervisor; and (C) that it shall not be a prerequisite to the employment of an individual in an education position at the local level that such individual's name appear on the national list maintained pursuant to subsection (c)(1)(A) (ii) or that such individual has applied at the national level for an education position. (2) 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)(1) In prescribing regulations to govern the appointment of educators, the Secretary shall require—

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