Page:United States Statutes at Large Volume 108 Part 5.djvu/515

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PUBLIC LAW 103-382—OCT. 20, 1994 108 STAT. 4005 procedures that comport with the requirements of due process; and "(C) educators employed in Bureau schools shall be notified Contracts. 60 days prior to the end of the school year whether their employment contract will be renewed for the following 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 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 followed by the supervisor. The supervisor shall have the right to appeal such action to the education line officer of the appropriate agency office of the Bureau. Upon such an appeal, the agency education line officer 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) 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 education Une officer 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) 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 applicant or 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, if such a waiver is in writing deemed to be a necessity by the tribal organization, except that this paragraph shall in no way relieve the Bureau of the Bureau's responsibility to issue timely and adequate announcements and advertisements concerning any such personnel action if such action is intended to fill a vacancy (no matter how such vacancy is created). "(2) 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 1146, 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)). "(g) Subject to the authority of the Office of Personnel Management to determine finally the applicability of chapter 51 of title