§ 2018 TITLE 25—INDIANS Page 592

§ 2018. Rights of Indian students

Within six months of November 1, 1978, the

Secretary shall prescribe such rules and regulations as are necessary to ensure the constitutional and civil rights of Indian students attending Bureau schools, including such students’

right to privacy under the laws of the United

States, such students’ right to freedom of religion and expression and such students’ right to

due process in connection with disciplinary actions, suspensions, and expulsions.

(Pub. L. 95–561, title XI, §1138, as added Pub. L.

103–382, title III, §381, Oct. 20, 1994, 108 Stat.

4011.)

CODIFICATION

‘‘November 1, 1978’’ substituted in text for ‘‘the date

of enactment of this Act’’, which was translated as

meaning the date of enactment of Pub. L. 95–561, which

enacted this chapter.

PRIOR PROVISIONS

A prior section 2018, Pub. L. 95–561, title XI, §1138,

Nov. 1, 1978, 92 Stat. 2327; Pub. L. 98–511, title V, §510,

Oct. 19, 1984, 98 Stat. 2397, related to regulations implementing administrative provisions, prior to the general

amendment of this chapter by Pub. L. 103–382.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2019 of this title.

§ 2019. Regulations

Regulations required to be adopted under sections 2006 through 2018 of this title and any revisions of the standards developed under section

2001 or 2002 of this title shall be deemed rules of

general applicability prescribed for the administration of an applicable program for the purposes of section 1232 of title 20 and shall be promulgated, submitted for congressional review,

and take effect in accordance with the provisions of such section. Such regulations shall

contain, immediately following each substantive provision of such regulations, citations

to the particular section or sections of statutory

law or other legal authority upon which such

provision is based.

(Pub. L. 95–561, title XI, §1139, as added Pub. L.

103–382, title III, §381, Oct. 20, 1994, 108 Stat.

4011.)

PRIOR PROVISIONS

A prior section 2019, Pub. L. 95–561, title XI, §1139,

Nov. 1, 1978, 92 Stat. 2328; Pub. L. 100–297, title V, §5117,

Apr. 28, 1988, 102 Stat. 382; Pub. L. 100–427, §1(c)(1), (2),

Sept. 9, 1988, 102 Stat. 1603; Pub. L. 101–301, §5(a), May

24, 1990, 104 Stat. 207, defined terms used in this chapter, prior to the general amendment of this chapter by

Pub. L. 103–382.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2007, 2010 of this

title; title 20 sections 2313, 6161, 6235.

§ 2020. Voluntary services

Notwithstanding section 1342 of title 31, the

Secretary may, subject to the approval of the

local school board concerned, accept voluntary

services on behalf of Bureau schools. Nothing in

this chapter shall be construed to require Federal employees to work without compensation

or to allow the use of volunteer services to displace or replace Federal employees. An individual providing volunteer services under this section is a Federal employee only for purposes of

chapter 81 of title 5 and chapter 171 of title 28.

(Pub. L. 95–561, title XI, §1140, as added Pub. L.

103–382, title III, §381, Oct. 20, 1994, 108 Stat.

4011.)

REFERENCES IN TEXT

This chapter, referred to in text, was in the original

‘‘this title’’, meaning title XI (§§1101–1152) of Pub. L.

95–561, which is classified principally to this chapter.

For complete classification of title XI to the Code, see

Tables.

PRIOR PROVISIONS

A prior section 2020, Pub. L. 95–561, title XI, §1140, as

added Pub. L. 98–511, title V, §511, Oct. 19, 1984, 98 Stat.

2397; amended Pub. L. 99–89, §8, Aug. 15, 1985, 99 Stat.

383, contained identical provisions relating to voluntary services, prior to the general amendment of this

chapter by Pub. L. 103–382.

§ 2021. Proration of pay

(a) Election of employee

Notwithstanding any other provision of law,

including laws relating to dual compensation,

the Secretary, at the election of the employee,

shall prorate the salary of an employee employed in an education position for the academic

school year over the entire 12-month period.

Each educator employed for the academic school

year shall annually elect to be paid on a 12-

month basis or for those months while school is

in session. No educator shall suffer a loss of pay

or benefits, including benefits under unemployment or other Federal or federally assisted programs, because of such election.

(b) Change of election

During the course of such year the employee

may change election once.

(c) Lump sum payment

That portion of the employee’s pay which

would be paid between academic school years

may be paid in lump sum at the election of the

employee.

(d) ‘‘Educator’’ and ‘‘Education position’’ defined

For the purposes of this section the terms ‘‘educator’’ and ‘‘education position’’ have the

meaning contained in paragraphs (1) and (2) of

section 2012(n) of this title. This section applies

to those individuals employed under the provisions of section 2012 of this title or title 5.

(Pub. L. 95–561, title XI, §1141, as added Pub. L.

103–382, title III, §381, Oct. 20, 1994, 108 Stat.

4012.)

REFERENCES IN TEXT

The laws relating to dual compensation, referred to

in subsec. (a), are classified generally to section 5531 et

seq. of Title 5, Government Organization and Employees.

PRIOR PROVISIONS

A prior section 2021, Pub. L. 95–561, title XI, §1140A,

formerly §1141, as added Pub. L. 98–511, title V, §512,

Oct. 19, 1984, 98 Stat. 2398; renumbered §1140A and

amended Pub. L. 99–89, §9(a)(1), (b), Aug. 15, 1985, 99

Stat. 383, contained similar provisions relating to pro-