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tionship to ensure quality education for all tribal
members.
‘‘(2) 
REQUIREMENTS.—The 
consultation 
re-
quired under paragraph (1) means a process involv-
ing the open discussion and joint deliberation of all
options with respect to potential issues or changes be-
tween 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 pro-
posals regarding changes in current practices or pro-
grams which will be considered for future action by
the Secretary. All interested parties shall be given an
opportunity to participate and discuss the options
presented or to present alternatives, with the views
and concerns of the interested parties given effect un-
less the Secretary determines, from information avail-
able from or presented by the interested parties dur-
ing one 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 con-
sistent with the views of the interested parties.
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‘‘SEC. 1131. INDIAN EDUCATION PERSONNEL.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) EDUCATION
POSITION.—The term ‘edu-
cation 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)
that requires academic credits in edu-
cational 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, whether or not academic
credits in educational theory and practice
are a formal requirement for the conduct of
such activity; or
‘‘(iv) provision of 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
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education-related programs, other than the posi-
tion of agency superintendent for education.
‘‘(2) EDUCATOR.—The term ‘educator’ means an
individual whose services are required, or who is em-
ployed, in an education position.
‘‘(b) CIVIL SERVICE AUTHORITIES INAPPLICABLE.—
Chapter 51, subchapter III of chapter 53, and chapter 63
of title 5, United States Code, relating to classification, pay,
and leave, respectively, and the sections of such title relating
to the appointment, promotion, hours of work, and removal
of civil service employees, shall not apply to educators or
to education positions.
‘‘(c) REGULATIONS.—Not later than 60 days after the
date of enactment of the Native American Education Im-
provement Act of 2001, the Secretary shall prescribe regula-
tions to carry out this section. Such regulations shall in-
clude provisions relating to—
‘‘(1) the establishment of education positions;
‘‘(2) the establishment of qualifications for edu-
cators and education personnel;
‘‘(3) the fixing of basic compensation for edu-
cators and education positions;
‘‘(4) the appointment of educators;
‘‘(5) the discharge of educators;
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‘‘(6) the entitlement of educators to compensa-
tion;
‘‘(7) the payment of compensation to educators;
‘‘(8) the conditions of employment of educators;
‘‘(9) the leave system for educators;
‘‘(10) the length of the school year applicable to
education positions described in subsection (a)(1)(A);
and
‘‘(11) such matters as may be appropriate.
‘‘(d) QUALIFICATIONS OF EDUCATORS.—
‘‘(1) REQUIREMENTS.—In prescribing regula-
tions to govern the qualifications of educators, the
Secretary shall require—
‘‘(A) that lists of qualified and interviewed
applicants for education positions be maintained
in the appropriate agency or area office of the
Bureau or, in the case of individuals applying
at the national level, the Office;
‘‘(B)(i) that a local school board have the
authority to waive, on a case-by-case basis, any
formal education or degree qualification estab-
lished by regulation, in order for a tribal mem-
ber to be hired in an education position to teach
courses on tribal culture and language; and
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‘‘(ii) that a determination by a local school
board that such a tribal member be hired shall
be instituted by the supervisor of the school in-
volved; and
‘‘(C) that it shall not be a prerequisite to
the employment of an individual in an edu-
cation position at the local level—
‘‘(i) that such individual’s name ap-
pear on a list maintained pursuant to sub-
paragraph (A); or
‘‘(ii) that such individual have applied
at the national level for an education posi-
tion.
‘‘(2) EXCEPTION FOR CERTAIN TEMPORARY EM-
PLOYMENT.—The Secretary may authorize the tem-
porary employment in an education position of an
individual who has not met the certification stand-
ards established pursuant to regulations, if the Sec-
retary determines that failure to authorize the em-
ployment would result in that position remaining va-
cant.
‘‘(e) HIRING OF EDUCATORS.—
‘‘(1) REQUIREMENTS.—In prescribing regula-
tions to govern the appointment of educators, the Sec-
retary shall require—
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‘‘(A)(i)(I) that educators employed in a Bu-
reau school (other than the supervisor of the
school) shall be hired by the supervisor of the
school; and
‘‘(II) that, in a case in which there are no
qualified applicants available to fill a vacancy
at a Bureau school, the supervisor may consult
a list maintained pursuant to subsection
(d)(1)(A);
‘‘(ii) each supervisor of a Bureau school
shall be hired by the education line officer of the
agency office of the Bureau for the jurisdiction
in which the school is located;
‘‘(iii) each educator employed in an agency
office of the Bureau shall be hired by the super-
intendent for education of the agency office; and
‘‘(iv) each education line officer and educa-
tor employed in the office of the Director of the
Office shall be hired by the Director;
‘‘(B)(i) that, before an individual is em-
ployed in an education position in a Bureau
school by the supervisor of the school (or, with re-
spect to the position of supervisor, by the appro-
priate agency education line officer), the local
school board for the school shall be consulted; and