---
kind: "section"
citation: "25 C.F.R. § 38.4"
title: "25"
number: "38.4"
heading: "Education positions."
url: "https://uscodex.org/cfr/25/38.4"
---

# §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

### Authority

Authority: 25 U.S.C. 2011 and 2015, Secs. 1131 and 1135 of the Act of November 1, 1978, 92 Stat. 2322 and 2327; Secs. 511 and 512, Pub. L. 98-511; Secs. 8 and 9, Pub. L. 99-89; Title V of Pub. L. 100-297; Pub. L. 105-337.

### Source

Source: 53 FR 37678, Sept. 27, 1988, unless otherwise noted.