PUBLIC LAW 103-382—OCT. 20, 1994
108 STAT. 4009
in education from an accredited institution of higher
education;
"(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
"(iv) 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 education-related programs other than the position for agency superintendent
for education.
"(2) The term 'educator* means an individual whose services
are required, or who is employed, in an education position.
"(o)(l) Subsections (a) through (n) of this section apply to an
educator hired after November 1, 1979 (and to an educator who
elected application under paragraph (2)) 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 an individual employed on October 31, 1979 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 on October 31, 1979, may, not later than November 1, 1983, make an
irrevocable election to be covered under the provisions of subsections
(a) through (n) of this section.
"(p)(l) An educator who was employed in an education position
on October 31, 1979, who was eligible to make an election under
paragraph (2) of subsection (o) at that time, and who did not
make the election under paragraph (2) of subsection (o), may not
be placed on furlough (within the meaning of section 7511(a)(5)
of title 5, United States Code) without the consent of such educator
for an aggregate of more than 4 weeks within the same calendar
year, unless—
"(A) the supervisor, with the approval of the local school
board (or of the education line officer upon appeal under paragraph (2)), of the Bureau school at which such educator provides
services determines that a longer period of furlough is necessary
due to an insufficient amount of funds available for personnel
compensation at such school, as determined under the financial
plan process as determined under section 1130(b) of this Act,
and
"(B) all educators (other than principals and clerical
employees) providing services at such Bureau school are placed
on furloughs of equal length, except that the supervisor, with
the approval of the local school board (or of the agency education
line officer upon appeal under paragraph (2)), may continue
1 or more educators in pay status if—
"(i) such educators are needed to operate summer programs, attend summer training sessions, or participate in
special activities including curriculum development
committees; and
"(ii) such educators are selected based upon such educator's qualifications, after public notice of the minimum
qualifications reasonably necessary and without discrimination as to supervisory, nonsupervisory, or other status of
the educators who apply.
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