Page 585 TITLE 25—INDIANS § 2012

This chapter, referred to in subsec. (h), 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 2010, Pub. L. 95–561, title XI, §1130,

Nov. 1, 1978, 92 Stat. 2321; Pub. L. 100–297, title V, §5111,

Apr. 28, 1988, 102 Stat. 376; Pub. L. 100–427, §7, Sept. 9,

1988, 102 Stat. 1605, related to policy for Indian control

of Indian education, 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, 2012, 2017,

2019, 2411 of this title; title 20 section 7816.

§ 2011. Policy for Indian control of Indian education

(a) Facilitation of Indian control

It shall be the policy of the Secretary and the

Bureau, in carrying out the functions of the Bureau, to facilitate Indian control of Indian affairs in all matters relating to education.

(b) Consultation with tribes

(1) All actions under this Act shall be done

with active consultation with tribes.

(2) The consultation required under paragraph

(1) means a process involving the open discussion and joint deliberation of all options with

respect to potential issues or changes between

the Bureau and all interested parties. During

such discussions and joint deliberations, interested parties (including tribes and school officials) shall be given an opportunity to present

issues including proposals regarding changes in

current practices or programs which will be considered for future action by the Bureau. All interested parties shall be given an opportunity to

participate and discuss the options presented or

to present other alternatives, with the views and

concerns of the interested parties given effect

unless the Secretary determines, from information educed or presented by the interested parties during 1 or more of the discussions and deliberations, that there is a substantial reason

for another course of action. The Secretary shall

submit to any Member of Congress, within 18

days of the receipt of a written request by such

Member, a written explanation of any decision

made by the Secretary which is not consistent

with the views of the interested parties.

(Pub. L. 95–561, title XI, §1131, as added Pub. L.

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

4001.)

REFERENCES IN TEXT

This Act, referred to in subsec. (b)(1), means Pub. L.

95–561, Nov. 1, 1978, 92 Stat. 2143, as amended, known as

the Education Amendments of 1978. For complete classification of this Act to the Code, see Short Title note

set out under section 6301 of Title 20, Education, and

Tables.

PRIOR PROVISIONS

A prior section 2011, Pub. L. 95–561, title XI, §1131,

Nov. 1, 1978, 92 Stat. 2322; 1978 Reorg. Plan No. 2, §102,

eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L.

98–511, title V, §507(b), Oct. 19, 1984, 98 Stat. 2396; Pub.

L. 100–297, title V, §§5112(a), (b)(1), 5114, 5115, Apr. 28,

1988, 102 Stat. 377, 378, 380; Pub. L. 100–427, §9(a)–(c),

Sept. 9, 1988, 102 Stat. 1606, related to education personnel, 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 472a, 2001, 2002,

2008, 2019 of this title.

§ 2012. Education personnel

(a) In general

(1) Chapter 51, subchapter III of chapter 53, and

chapter 63 of title 5, relating to classification,

pay, and leave, respectively, and the sections of

such title 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) of this section).

(2) Paragraph (1) shall take effect 1 year after

November 1, 1978.

(b) Regulations

Not later than the effective date of subsection

(a)(2) of this section, 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) of this section,

(10) the leave system for educators, and

(11) such other matters as may be appropriate.

(c) Qualifications of educators

(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) of this section, in order for a

tribal member to be hired in an education po-