Page:United States Statutes at Large Volume 108 Part 4.djvu/95

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PUBLIC LAW 103-337 —OCT. 5, 1994 108 STAT. 2729 "(3) The parents of the students attending the school shall elect the school board in accordance with procedures which the Secretary shall prescribe. "(4)(A) A school board elected for a school under this subsection may participate in the development and oversight of fiscal, personnel, and educational poUcies, procedures, and progrsims for the school, except that the Secretary may issue any directive that the Secretary considers necessary for the effective operation of the school or the entire school system. "(B) A directive referred to in subparagraph (A) shall, to the maximum extent practicable, be issued only after the Secretary consults with the appropriate school boards elected under this subsection. The Secretary shall establish a process by which a school board or school administrative officials may formally appeal the directive to the Secretary of Defense. "(5) Meetings conducted by the school board shall be open to the public, except as provided in paragraph (6). "(6) A school board need not comply with the provisions of the Federal Advisory Committee Act (5 U.S.C. App.), but may close meetings in accordance with such Act. "(e) ADMINISTRATION AND STAFF.— (1) The Secretary of Defense may enter into such arrangements as may be necessary to provide educational programs at the school. "(2) The Secretary may, without regard to the provisions of any other law relating to the number, classification, or compensation of employees— "(A) establish positions for civilian employees in schools established under this section; "(B) appoint individuals to such positions; and "(C) fix the compensation of such individuals for service in such positions. "(3)(A) Except as provided in subparagraph (B), in fixing the compensation of employees appointed for a school pursuant to paragraph (2), the Secretary shall consider— "(i) the compensation of comparable employees of the local educational agency in the capital of the State where the military installation is located; "(ii) the compensation of comparable employees in the local educational agency that provides public education to students who reside adjacent to the military installation; and "(iii) the average compensation for simileir positions in not more than three other local educational agencies in the State in which the military installation is located. "(B) In fixing the compensation of employees in schools established in the territories, commonwealths, and possessions pursuant to the authority of this section, the Secretary shall determine the level of compensation required to attract qualified employees. For employees in such schools, the Secretary, without regard to the provisions of title 5, may provide for the tenure, leave, hours of work, and other incidents of employment to be similar to that provided for comparable positions in the public schools of the District of Columbia. For purposes of the first sentence, a school established before the effective date of this section pursuant to authority similar to the authority in this section shall be considered to have been established pursuant to the authority of this section. "(f) SUBSTANTIVE AND PROCEDURAL RIGHTS AND PROTECTIONS FOR CHILDREN.—(1) The Secretary shall provide the following sub-