§ 2011. Policy for Indian control of Indian education

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2002

   Education Amendments of 1978

   Pub. L. 95–561 title XI § 1131 · 92 Stat. 2143

   Enacted · 25 U.S.C. § 2011

   (Pub. L. 95–561, title XI, § 1131, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2043.)

   Source evidence

   Code source credit
   (Pub. L. 95–561, title XI, § 1131, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2043.)

   Enacted provision · exact public law section
   Sec. 1131. education personnel (a) (1) 25 USC 2011. 5 USC 5101 et seq., 5301, 6301 et seq. Chapter 51, subchapter III of chapter 53, and chapter 63 of title 5, United States Code, relating to leave, pay, and classification, and the sections relating to the appointment, promotion 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) Regulations. 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) Educator qualifications, requirements. 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 nave 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) Educator appointments, requirements. In prescribing regulations to govern the appointment of educators, the Secretary shall require— (A) (i) that educators employed in a school (other than the supervisor of the school) shall be hired by the supervisor of the school unless there are no qualified applicants available, in which case the vacant position shall be filed at the national level from the list maintained pursuant to subsection (c) (1) (A) (ii). (ii) each school supervisor shall be hired by the superintendent for education of the agency office of the Bureau in which the school is located, and (iii) educators employed in an agency office of the Bureau shall be hired by the superintendent for education of the agency office; (B) that Indore an individual is employed in an education position in a school by the supervisor of a school (or, with respect to the position of supervisor, by the appropriate agency superintendent for education), the local school board for the school shall be consulted, and that subject to subsection (d) (2), a determination by the school board that such individual should or should not be so employed shall be followed by the supervisor (or with respect to the position of supervisor, by the agency superintendent for education); and (C) that before an individual may be employed in an education position at the agency level, the appropriate agency school board shall be consulted, and that, subject to subsection (a) (3), a determination by such school board that such individual should or should not be employed shall be followed by the agency superintendent for education. (2) (A) The supervisor of a school may appeal to the appropriate Appeals. agency superintendent for education 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. Upon such an appeal, the agency superintendent for education may, for good cause and in writing to the local school board, over-turn the determination of the local school board with respect to the employment of such individual. (B) The superintendent for education of an agency office of the Bureau may appeal to the Director of the Office any determination by the local school board for a school that an individual be employed, or not be employed, as the supervisor of the school. Upon such an appeal, the Director of the Office may, for good cause and in writing to the local school board, overturn the determinat ion of the local school board with respect to the employment of such individual. (3) The superintendent for education of an agency office of the Bureau may appeal to the Director of the Office any determination by the agency school board that an individual be employed, or not be employed, in an education position in such agency office. Upon such an appeal, the Director of the Office may, for good cause and in writing to the agency school board, overturn the determination of the agency school board with respect to the employment of such individual. (4) Any individual who applies at the local level for an Education position application statement. 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. If such individual is employed at the local level, such individual’s name shall immediately be forwarded to the Secretary, who shall, as soon as possible but in no event in more than thirty days, ascertain the accuracy of the statement made by such individual pursuant to the first sentence of this subparagraph. If the individual’s statement is found to have been false, such individual, at the Secretary’s discretion, may be disciplined or discharged. If the indi-vidual had applied at the national level for an education position in the Bureau, if the appointment of such individual at the local level shall be conditional for a period of ninety 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) (1) (A) (ii) to the position to which such individual was appointed. (5) Except as expressly provided, nothing in this section shall be construed as conferring upon local school boards, authority over, or control of, educators. (e) (1) Educator discharge and employment requirements. In prescribing regulations to govern the discharge and conditions of employment of educators, the Secretary shall require— (A) that procedures be established for the rapid and equitable resolution of grievances of educators; (B) that no educator may be discharged without notice of the reasons therefor and opportunity for a hearing under procedures that comport with the requirements of due process; and (C) educators employed in Bureau schools shall be notified sixty days prior to the end of the school year whether their employment contract will be renewed for the coming year. (2) 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. Upon giving notice of proposed Notification. discharge to an educator, the supervisor involved shall immediately notify the local school board for the school of such action. A determination by the local school board that such educator shall not be discharged shall be Appeal. followed by the supervisor. The supervisor shall have the right to appeal such action to the superintendent for education of the appropriate agency office of the Bureau. Upon such an appeal, the agency superintendent for education may, for good cause and in writing to the local school board, overturn the determination of the local school board with respect to the employment of such individual. (3) Recommendations. Each local school board for a Bureau school shall have the right (A) to recommend to the supervisor of such school that an educator employed in the school be discharged, and (B) to recommend to the superintendent of education of the appropriate agency office of the Bureau and to the Director of the Office, that the supervisor of the school be discharged. (f) (1) Waiver. Notwithstanding any provision of the Indian preference laws, such laws shall not apply in the case of any personnel action within the purview of this section respecting an employee not entitled to Indian preference if each tribal organization concerned grants, in writing, a waiver of the application of such laws with respect to such personnel action, where such a waiver is in writing deemed to be a necessity by the tribal organization, except that this shall in no way relieve the Bureau of its responsibility to issue timely and adequate announcements and advertisements concerning any such personnel action if it is intended to fill a vacancy (no matter how such vacancy is created). (2) Definitions. For purposes of this subsection, the term “tribal organization” means— (A) the recognized governing body of any Indian tribe, band, nation, pueblo, or other organized community, including a Native village (as defined in section 3(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(c); 85 Stat. 688); or (B) in connection with any personnel action referred to in this subsection, any local school board as defined in section 1139, and which has been delegated by such governing body the authority to grant a waiver under such subsection with respect to such personnel action. (3) The term “Indian preference laws” means section 12 of the Act of June 18, 1934 (25 U.S.C. 472; 48 Stat. 986) or any other provision of law granting a preference to Indians in promotions and other personnel actions, except that such term shall not be considered to include section 7 (b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e(b); 88 Stat. 2295). (g) Subject to the authority of the Civil Service Commission to determine finally the applicability of chapter 51 of title 5, 5 USC 5101 et seq. United States Code, to specific positions and employees in the executive branch, the Secretary shall determine in accordance with subsection (a)(1) the applicability or inapplicability of such chapter to positions and employees in the Bureau. (h) (1) The Secretary shall fix the basic compensation or Compensation. annual salary rate for educators and education positions at rates comparable to the rates in effect under the General Schedule for individuals with 5 USC 5332 note. comparable qualifications, and holding comparable positions, to whom chapter 51 is applicable. (2) Each educator employed in an education position in Alaska shall be paid a cost-of-living allowance equal to 25 per centum of the rate, of basic compensation to which such educator is entitled. (3) The Secretary may pay a post-differential not to exceed 25 per centum of the rate of basic compensation, on the basis of conditions of environment or work which warrant additional pay as a recruitment and retention incentive. (i) Any individual— (1) who on the date of enactment of this Act is holding a position which is determined under subsection (f) to be an education position and who elects under subsection (o) (2) to be covered under the provisions of this section, or (2) who is an employee of the Federal Government or the municipal government of the District of Columbia and is transferred, promoted, or reappointed, without break in service, from a position under a different leave system to an education position, shall be credited for the purposes of the leave system provided under regulations prescribed pursuant to subsection (b) (10), with the annual and sick leave to his credit immediately before the effective date of such election, transfer, promotion, or reappointment. (j) Upon termination of employment with the Bureau, any annual leave remaining to the credit of an individual within the purview of this section shall be liquidated in accordance with sections 5551 (a) and 6306 of title 5, United States Code, except that leave earned or accrued under regulations prescribed pursuant to subsection (b) (10) shall not be so liquidated. (k) In the case of any educator who is transferred, promoted, or reappointed, without break in service, to a position in the Federal Government under a different leave system, any remaining leave to the credit of such person earned or credited under tire regulations prescribed pursuant to subsection (b)(10) shall be transferred to his credit in the employing agency on an adjusted basis in accordance with regulations which shall be prescribed by the Civil Service Commission. (l) An educator who voluntarily terminates employment with the Bureau before the expiration of the existing employment contract between such educator and the Bureau shall not be eligible to be employed in another education position in the Bureau during the remainder of the term of such contract. (m) In the case of any educator employed in an education position described in subsection (n) (1) (A) who— (1) is employed at the close of a school year, (2) agrees in writing to serve in such a position for the next school year, and (3) is employed in another position during the recess period immediately preceding such next school year, or during such recess period receives additional compensation referred to in subsection (g)(2) or (g)(3), section 5533 of title 5, United States Code, relating to dual compensation, shall not apply to such educator by reason of any such employment during a recess period for any such receipt of additional compensation. (n) Definitions. For the purpose of this section— (1) The term “education position” means a position in the Bureau the duties and responsibilities of which— (A) are. performed on a school-year basis principally in a Bureau school and involve— (i) classroom or other instruction or the supervision or direction of classroom or other instruction; (ii) 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; or (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 (B) are performed at the agency level of the Bureau and involve the implementation of education-related programs other than the position of agency superintendent for education. (2) The term “educator” means an individual whose sendees are required, or who is employed, in an education position. (o) (1) This section shall apply with respect to any individual hired after the effective, date of subsection (a) (2) for employment in an education position and to the position in which such individual is employed. Subject to paragraph (2), the enactment of this Act shall not affect the continued employment of any individual employed immediately before the effective date of subsection (a)(2) in an education position, or such individual’s right to receive the compensation attached to such position. (2) Any individual employed in an education position immediately before the effective date of subsection (a) (2) may, within five years of the date of enactment of this Act, make an irrevocable election to be covered under the provisions of this section.

1 of 1 references resolved to an enrolled provision