25 C.F.R. § 38.4
Education positions
(a) The Director shall establish the kinds of positions required to carry out the Bureau's education function. No position will be established or continued for which:
(1) Funds are not available; or
(2) There is not a clearly demonstrable need and intent for it to carry out an education function.
(b) Positions established for regular school operations will be restricted to school term or program duration. Particular care shall be taken to insure that year-long positions are not established unless they are clearly required and involve essential 12-month assignments.
Notes of Decisions
Cited in 2
cases, 1989–2006 · leading case: Yankton Sioux Tribe v. Kempthorne, 442 F. Supp. 2d 774 (D.S.D. 2006).
Yankton Sioux Tribe v. Kempthorne, 442 F. Supp. 2d 774 (D.S.D. 2006). “Plaintiffs allege that defendants violated 25 C.F.R. § 38.4 , which is entitled *787 “Education positions.”
Petrini v. United States, 19 Cl. Ct. 41 (Ct. Cl. 1989). “25 C.F.R. § 38.4 . Although Ms. Weiland was certified only as a special education teacher and was not certified to teach an elementary class, her reassignment as a first-grade teacher took place prior to the enactment of Pub.”
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