PUBLIC LAW 107-110-JAN. 8, 2002 115 STAT. 2051 determinations regarding promotions and advancements through levels of pay that are based on the merit, education, experience, or tenure of the educator; or "(ii) affect the continued employment or compensation of an educator who was employed in an education position on October 31, 1979, and who did not make an election under subsection (p) as in effect on January 1, 1990. " (2) POST DIFFERENTIAL RATES.— "(A) IN GENERAL.— The Secretary may pay a post dif- ferential rate, not to exceed 25 percent of the rate of compensation, for educators or education positions, on the basis of conditions of environment or work that warrant additional pay, as a recruitment and retention incentive. "(B) SUPERVISOR'S AUTHORITY. — "(i) IN GENERAL.— Except as provided in clause (ii), on the request of the supervisor and the local school board of a Bureau school, the Secretary shall grant the supervisor of the school authorization to provide one or more post differential rates under subparagraph (A). "(ii) EXCEPTION.— The Secretary shall disapprove, or approve with a modification, a request for authorization to provide a post differential rate if the Secretary determines for clear and convincing reasons (and advises the board in writing of those reasons) that the rate should be disapproved or decreased because the disparity of compensation between the appropriate educators or positions in the Bureau school, and the comparable educators or positions at the nearest public school, is— "(I)(aa) at least 5 percent; or "(bb) less than 5 percent; and "(II) does not affect the recruitment or retention of employees at the school. "(iii) APPROVAL OF REQUESTS. —^A request made under clause (i) shall be considered to be approved at the end of the 60th day after the request is received in the Central Office of the Bureau unless before that time the request is approved, approved with a modification, or disapproved by the Secretary. "(iv) DISCONTINUATION OF OR DECREASE IN RATES.— The Secretary or the supervisor of a Bureau school may discontinue or decrease a post differential rate provided for under this paragraph at the beginning of an academic year if— "(I) the local school board requests that such differential be discontinued or decreased; or "(II) the Secretary or the supervisor, respectively, determines for clear and convincing reasons (and advises the board in writing of those reasons) that there is no disparity of compensation that would affect the recruitment or retention of employees at the school after the differential is discontinued or decreased.
�
