US (United States) Code. Title 20. Chapter 76: Education research, statistics, evaluation, information

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Education. Dissemination

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-CITE-

20 USC CHAPTER 76 - EDUCATION RESEARCH, STATISTICS,

EVALUATION, INFORMATION, AND DISSEMINATION 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

.

-HEAD-

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

-MISC1-

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Sec.

9501. Definitions.

PART A - THE INSTITUTE OF EDUCATION SCIENCES

9511. Establishment.

(a) Establishment.

(b) Mission.

(c) Organization.

9512. Functions.

9513. Delegation.

(a) Delegation of authority.

(b) Other activities.

9514. Office of the Director.

(a) Appointment.

(b) Term.

(c) Pay.

(d) Qualifications.

(e) Administration.

(f) Duties.

(g) Expert guidance and assistance.

(h) Review.

9515. Priorities.

(a) Proposal.

(b) Approval.

(c) Consistency.

(d) Public availability and comment.

9516. National Board for Education Sciences.

(a) Establishment.

(b) Duties.

(c) Composition.

(d) Standing committees.

(e) Annual report.

(f) Recommendations.

9517. Commissioners of the National Education Centers.

(a) Appointment of Commissioners.

(b) Appointment of Commissioner for Education

Statistics.

(c) Coordination.

(d) Supervision and approval.

9518. Agreements.

9519. Biennial report.

9520. Competitive awards.

PART B - NATIONAL CENTER FOR EDUCATION RESEARCH

9531. Establishment.

(a) Establishment.

(b) Mission.

9532. Commissioner for Education Research.

9533. Duties.

(a) General duties.

(b) Eligibility.

(c) National research and development centers.

9534. Standards for conduct and evaluation of research.

(a) In general.

(b) Peer review.

(c) Long-term research.

PART C - NATIONAL CENTER FOR EDUCATION STATISTICS

9541. Establishment.

(a) Establishment.

(b) Mission.

9542. Commissioner for Education Statistics.

9543. Duties.

(a) General duties.

(b) Training program.

9544. Performance of duties.

(a) Grants, contracts, and cooperative agreements.

(b) Gathering information.

(c) Duration.

9545. Reports.

(a) Procedures for issuance of reports.

(b) Report on condition and progress of education.

(c) Statistical reports.

9546. Dissemination.

(a) General requests.

(b) Congressional requests.

(c) Joint statistical projects.

(d) Fees.

(e) Access.

9547. Cooperative education statistics systems.

9548. State defined.

PART D - NATIONAL CENTER FOR EDUCATION EVALUATION AND REGIONAL

ASSISTANCE

9561. Establishment.

(a) Establishment.

(b) Mission.

(c) Grants, contracts, and cooperative agreements.

9562. Commissioner for Education Evaluation and Regional

Assistance.

(a) In general.

(b) Additional duties.

(c) Continuation.

(d) National Library of Education.

9563. Evaluations.

(a) In general.

(b) Administration of evaluations under title I of

the Elementary and Secondary Education Act of

1965.

9564. Regional educational laboratories for research, development,

dissemination, and technical assistance.

(a) Regional educational laboratories.

(b) Regions.

(c) Eligible applicants.

(d) Applications.

(e) Entering into contracts.

(f) Central mission and primary function.

(g) Activities.

(h) Governing board and allocation.

(i) Duties of governing board.

(j) Evaluations.

(k) Rule of construction.

(l) Advance payment system.

(m) Additional projects.

(n) Annual report and plan.

(o) Construction.

PART E - GENERAL PROVISIONS

9571. Interagency data sources and formats.

9572. Prohibitions.

(a) National database.

(b) Federal Government and use of Federal funds.

(c) Endorsement of curriculum.

(d) Federally sponsored testing.

9573. Confidentiality.

(a) In general.

(b) Student information.

(c) Confidentiality standards.

(d) Administration.

(e) Investigation and prosecution of terrorism.

9574. Availability of data.

9575. Performance management.

9576. Authority to publish.

(a) Publication.

(b) Advance copies.

(c) Peer review.

(d) Items not covered.

9577. Vacancies.

9578. Scientific or technical employees.

(a) In general.

(b) Duties of employees.

9579. Fellowships.

9580. Voluntary service.

9581. Rulemaking.

9582. Copyright.

9583. Removal.

(a) Presidential.

(b) Director.

9584. Authorization of appropriations.

(a) In general.

(b) Regional educational laboratories.

(c) Availability.

SUBCHAPTER II - EDUCATIONAL TECHNICAL ASSISTANCE

9601. Definitions.

9602. Comprehensive centers.

(a) Authorization.

(b) Eligible applicants.

(c) Application.

(d) Allocation.

(e) Scope of work.

(f) Activities.

(g) Comprehensive center advisory board.

(h) Report to Secretary.

9603. Evaluations.

9604. Existing technical assistance providers.

9605. Regional advisory committees.

(a) Establishment.

(b) Membership.

(c) Duties.

(d) Regional assessments.

9606. Priorities.

9607. Grant program for statewide, longitudinal data systems.

(a) Grants authorized.

(b) Applications.

(c) Awarding of grants.

(d) Supplement not supplant.

(e) Report.

9608. Authorization of appropriations.

SUBCHAPTER III - NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

9621. National Assessment Governing Board.

(a) Establishment.

(b) Membership.

(c) Terms.

(d) Vacancies.

(e) Duties.

(f) Personnel.

(g) Coordination.

(h) Administration.

9622. National Assessment of Educational Progress.

(a) Establishment.

(b) Purpose; State assessments.

(c) Access.

(d) Participation.

(e) Student achievement levels.

(f) Review of National and State assessments.

(g) Coverage agreements.

9623. Definitions.

9624. Authorization of appropriations.

(a) In general.

(b) Availability.

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20 USC SUBCHAPTER I - EDUCATION SCIENCES REFORM 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

.

-HEAD-

SUBCHAPTER I - EDUCATION SCIENCES REFORM

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 3412, 3419 of this

title.

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20 USC Sec. 9501 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

-HEAD-

Sec. 9501. Definitions

-STATUTE-

In this subchapter:

(1) In general

The terms ''elementary school'', ''secondary school'', ''local

educational agency'', and ''State educational agency'' have the

meanings given those terms in section 7801 of this title and the

terms ''freely associated states'' and ''outlying area'' have the

meanings given those terms in section 6331(c) of this title.

(2) Applied research

The term ''applied research'' means research -

(A) to gain knowledge or understanding necessary for

determining the means by which a recognized and specific need

may be met; and

(B) that is specifically directed to the advancement of

practice in the field of education.

(3) Basic research

The term ''basic research'' means research -

(A) to gain fundamental knowledge or understanding of

phenomena and observable facts, without specific application

toward processes or products; and

(B) for the advancement of knowledge in the field of

education.

(4) Board

The term ''Board'' means the National Board for Education

Sciences established under section 9516 of this title.

(5) Bureau

The term ''Bureau'' means the Bureau of Indian Affairs.

(6) Comprehensive center

The term ''comprehensive center'' means an entity established

under section 9602 of this title.

(7) Department

The term ''Department'' means the Department of Education.

(8) Development

The term ''development'' means the systematic use of knowledge

or understanding gained from the findings of scientifically valid

research and the shaping of that knowledge or understanding into

products or processes that can be applied and evaluated and may

prove useful in areas such as the preparation of materials and

new methods of instruction and practices in teaching, that lead

to the improvement of the academic skills of students, and that

are replicable in different educational settings.

(9) Director

The term ''Director'' means the Director of the Institute of

Education Sciences.

(10) Dissemination

The term ''dissemination'' means the communication and transfer

of the results of scientifically valid research, statistics, and

evaluations, in forms that are understandable, easily accessible,

and usable, or adaptable for use in, the improvement of

educational practice by teachers, administrators, librarians,

other practitioners, researchers, parents, policymakers, and the

public, through technical assistance, publications, electronic

transfer, and other means.

(11) Early childhood educator

The term ''early childhood educator'' means a person providing,

or employed by a provider of, nonresidential child care services

(including center-based, family-based, and in-home child care

services) that is legally operating under State law, and that

complies with applicable State and local requirements for the

provision of child care services to children at any age from

birth through the age at which a child may start kindergarten in

that State.

(12) Field-initiated research

The term ''field-initiated research'' means basic research or

applied research in which specific questions and methods of study

are generated by investigators (including teachers and other

practitioners) and that conforms to standards of scientifically

valid research.

(13) Historically Black college or university

The term ''historically Black college or university'' means a

part B institution as defined in section 1061 of this title.

(14) Institute

The term ''Institute'' means the Institute of Education

Sciences established under section 9511 of this title.

(15) Institution of higher education

The term ''institution of higher education'' has the meaning

given that term in section 1001(a) of this title.

(16) National research and development center

The term ''national research and development center'' means a

research and development center supported under section 9533(c)

of this title.

(17) Provider of early childhood services

The term ''provider of early childhood services'' means a

public or private entity that serves young children, including -

(A) child care providers;

(B) Head Start agencies operating Head Start programs, and

entities carrying out Early Head Start programs, under the Head

Start Act (42 U.S.C. 9831 et seq.);

(C) preschools;

(D) kindergartens; and

(E) libraries.

(18) Scientifically based research standards

(A) The term ''scientifically based research standards'' means

research standards that -

(i) apply rigorous, systematic, and objective methodology to

obtain reliable and valid knowledge relevant to education

activities and programs; and

(ii) present findings and make claims that are appropriate to

and supported by the methods that have been employed.

(B) The term includes, appropriate to the research being

conducted -

(i) employing systematic, empirical methods that draw on

observation or experiment;

(ii) involving data analyses that are adequate to support the

general findings;

(iii) relying on measurements or observational methods that

provide reliable data;

(iv) making claims of causal relationships only in random

assignment experiments or other designs (to the extent such

designs substantially eliminate plausible competing

explanations for the obtained results);

(v) ensuring that studies and methods are presented in

sufficient detail and clarity to allow for replication or, at a

minimum, to offer the opportunity to build systematically on

the findings of the research;

(vi) obtaining acceptance by a peer-reviewed journal or

approval by a panel of independent experts through a comparably

rigorous, objective, and scientific review; and

(vii) using research designs and methods appropriate to the

research question posed.

(19) Scientifically valid education evaluation

The term ''scientifically valid education evaluation'' means an

evaluation that -

(A) adheres to the highest possible standards of quality with

respect to research design and statistical analysis;

(B) provides an adequate description of the programs

evaluated and, to the extent possible, examines the

relationship between program implementation and program

impacts;

(C) provides an analysis of the results achieved by the

program with respect to its projected effects;

(D) employs experimental designs using random assignment,

when feasible, and other research methodologies that allow for

the strongest possible causal inferences when random assignment

is not feasible; and

(E) may study program implementation through a combination of

scientifically valid and reliable methods.

(20) Scientifically valid research

The term ''scientifically valid research'' includes applied

research, basic research, and field-initiated research in which

the rationale, design, and interpretation are soundly developed

in accordance with scientifically based research standards.

(21) Secretary

The term ''Secretary'' means the Secretary of Education.

(22) State

The term ''State'' includes (except as provided in section 9548

of this title) each of the 50 States, the District of Columbia,

the Commonwealth of Puerto Rico, the freely associated states,

and the outlying areas.

(23) Technical assistance

The term ''technical assistance'' means -

(A) assistance in identifying, selecting, or designing

solutions based on research, including professional development

and high-quality training to implement solutions leading to -

(i) improved educational and other practices and classroom

instruction based on scientifically valid research; and

(ii) improved planning, design, and administration of

programs;

(B) assistance in interpreting, analyzing, and utilizing

statistics and evaluations; and

(C) other assistance necessary to encourage the improvement

of teaching and learning through the applications of techniques

supported by scientifically valid research.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 102, Nov. 5, 2002, 116 Stat. 1941.)

-REFTEXT-

REFERENCES IN TEXT

The Head Start Act, referred to in par. (17)(B), is subchapter B

(Sec. 635-657) of chapter 8 of subtitle A of title VI of Pub. L.

97-35, Aug. 13, 1981, 95 Stat. 499, as amended, which is classified

generally to subchapter II (Sec. 9831 et seq.) of chapter 105 of

Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 9801 of this Title 42 and Tables.

-MISC2-

SHORT TITLE

Pub. L. 107-279, title I, Sec. 101, Nov. 5, 2002, 116 Stat. 1941,

provided that: ''This title (enacting this subchapter) may be cited

as the 'Education Sciences Reform Act of 2002'.''

Pub. L. 107-279, title II, Sec. 201, Nov. 5, 2002, 116 Stat.

1975, provided that: ''This title (enacting subchapter II of this

chapter) may be cited as the 'Educational Technical Assistance Act

of 2002'.''

Pub. L. 107-279, title III, Sec. 301, Nov. 5, 2002, 116 Stat.

1982, provided that: ''This title (enacting subchapter III of this

chapter) may be referred to as the 'National Assessment of

Educational Progress Authorization Act'.''

ORDERLY TRANSITION

Pub. L. 107-279, title IV, Sec. 405, Nov. 5, 2002, 116 Stat.

1986, provided that: ''The Secretary of Education shall take such

steps as are necessary to provide for the orderly transition to,

and implementation of, the offices, boards, committees, and centers

(and their various functions and responsibilities) established or

authorized by this Act (enacting this chapter and section 3419 of

this title, amending sections 1232j, 3412, 3461, 6194, 6311, 6312,

6317, 6491, 6932, 7013, 7253c, 7283b, 7283d, 7451, 7703, 7909,

9007, 9010, 9011, 9573, 9623, and 9624 of this title and section

5315 of Title 5, Government Organization and Employees,

transferring sections 9010 and 9011 of this title to sections 9622

and 9621 of this title, respectively, repealing sections 3419,

6011, 6021, 6031, 6041, 6051, 6053 to 6053e, 6054 to 6054b, 6055 to

6055h, 6056, 6056a, 9001 to 9009, and 9012 of this title, enacting

provisions set out as notes under this section and section 7703 of

this title, and repealing provisions set out as notes under

sections 1221e and 9001 of this title), and by the amendments made

by this Act, from those established or authorized by the

Educational Research, Development, Dissemination, and Improvement

Act of 1994 (20 U.S.C. 6001 et seq.) and the National Education

Statistics Act of 1994 (20 U.S.C. 9001 et seq.).''

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20 USC Part A - The Institute of Education Sciences 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part A - The Institute of Education Sciences

.

-HEAD-

Part A - The Institute of Education Sciences

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20 USC Sec. 9511 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part A - The Institute of Education Sciences

-HEAD-

Sec. 9511. Establishment

-STATUTE-

(a) Establishment

There shall be in the Department the Institute of Education

Sciences, to be administered by a Director (as described in section

9514 of this title) and, to the extent set forth in section 9516 of

this title, a board of directors.

(b) Mission

(1) In general

The mission of the Institute is to provide national leadership

in expanding fundamental knowledge and understanding of education

from early childhood through postsecondary study, in order to

provide parents, educators, students, researchers, policymakers,

and the general public with reliable information about -

(A) the condition and progress of education in the United

States, including early childhood education;

(B) educational practices that support learning and improve

academic achievement and access to educational opportunities

for all students; and

(C) the effectiveness of Federal and other education

programs.

(2) Carrying out mission

In carrying out the mission described in paragraph (1), the

Institute shall compile statistics, develop products, and conduct

research, evaluations, and wide dissemination activities in areas

of demonstrated national need (including in technology areas)

that are supported by Federal funds appropriated to the Institute

and ensure that such activities -

(A) conform to high standards of quality, integrity, and

accuracy; and

(B) are objective, secular, neutral, and nonideological and

are free of partisan political influence and racial, cultural,

gender, or regional bias.

(c) Organization

The Institute shall consist of the following:

(1) The Office of the Director (as described in section 9514 of

this title).

(2) The National Board for Education Sciences (as described in

section 9516 of this title).

(3) The National Education Centers, which include -

(A) the National Center for Education Research (as described

in part B of this subchapter);

(B) the National Center for Education Statistics (as

described in part C of this subchapter); and

(C) the National Center for Education Evaluation and Regional

Assistance (as described in part D of this subchapter).

-SOURCE-

(Pub. L. 107-279, title I, Sec. 111, Nov. 5, 2002, 116 Stat. 1944.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9501, 9513 of this title.

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20 USC Sec. 9512 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part A - The Institute of Education Sciences

-HEAD-

Sec. 9512. Functions

-STATUTE-

From funds appropriated under section 9584 of this title, the

Institute, directly or through grants, contracts, or cooperative

agreements, shall -

(1) conduct and support scientifically valid research

activities, including basic research and applied research,

statistics activities, scientifically valid education evaluation,

development, and wide dissemination;

(2) widely disseminate the findings and results of

scientifically valid research in education;

(3) promote the use, development, and application of knowledge

gained from scientifically valid research activities;

(4) strengthen the national capacity to conduct, develop, and

widely disseminate scientifically valid research in education;

(5) promote the coordination, development, and dissemination of

scientifically valid research in education within the Department

and the Federal Government; and

(6) promote the use and application of research and development

to improve practice in the classroom.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 112, Nov. 5, 2002, 116 Stat. 1945.)

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20 USC Sec. 9513 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part A - The Institute of Education Sciences

-HEAD-

Sec. 9513. Delegation

-STATUTE-

(a) Delegation of authority

Notwithstanding section 3472 of this title, the Secretary shall

delegate to the Director all functions for carrying out this

subchapter (other than administrative and support functions),

except that -

(1) nothing in this subchapter or in subchapter III of this

chapter (except section 9621(e)(1)(J) of this title) shall be

construed to alter or diminish the role, responsibilities, or

authority of the National Assessment Governing Board with respect

to the National Assessment of Educational Progress (including

with respect to the methodologies of the National Assessment of

Educational Progress described in section 9621(e)(1)(E) of this

title) from those authorized by the National Education Statistics

Act of 1994 (20 U.S.C. 9001 et seq.) on the day before November

5, 2002;

(2) members of the National Assessment Governing Board shall

continue to be appointed by the Secretary;

(3) section 9621(f)(1) of this title shall apply to the

National Assessment Governing Board in the exercise of its

responsibilities under this Act;

(4) sections 9515 and 9516 of this title shall not apply to the

National Assessment of Educational Progress; and

(5) sections 9515 and 9516 of this title shall not apply to the

National Assessment Governing Board.

(b) Other activities

The Secretary may assign the Institute responsibility for

administering other activities, if those activities are consistent

with -

(1) the Institute's priorities, as approved by the National

Board for Education Sciences under section 9516 of this title,

and the Institute's mission, as described in section 9511(b) of

this title; or

(2) the Institute's mission, but only if those activities do

not divert the Institute from its priorities.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 113, Nov. 5, 2002, 116 Stat. 1945.)

-REFTEXT-

REFERENCES IN TEXT

The National Education Statistics Act of 1994, referred to in

subsec. (a)(1), is title IV of Pub. L. 103-382, Oct. 20, 1994, 108

Stat. 4029, as amended, which was classified generally to chapter

71 (Sec. 9001 et seq.) of this title, prior to repeal by Pub. L.

107-279, title IV, Sec. 403(1), Nov. 5, 2002, 116 Stat. 1985.

Provisions relating to education statistics are now contained in

part C (Sec. 9541 et seq.) of this subchapter.

This Act, referred to in subsec. (a)(3), means Pub. L. 107-279,

Nov. 5, 2002, 116 Stat. 1940, which enacted this chapter and

section 3419 of this title, amended sections 1232j, 3412, 3461,

6194, 6311, 6312, 6317, 6491, 6932, 7013, 7253c, 7283b, 7283d,

7451, 7703, 7909, 9007, 9010, 9011, 9573, 9623, and 9624 of this

title and section 5315 of Title 5, Government Organization and

Employees, transferred sections 9010 and 9011 of this title to

sections 9621 and 9622 of this title, respectively, repealed

sections 3419, 6011, 6021, 6031, 6041, 6051, 6053 to 6053e, 6054 to

6054b, 6055 to 6055h, 6056, 6056a, 9001 to 9009, and 9012 of this

title, enacted provisions set out as notes under section 7703 and

9501 of this title, and repealed provisions set out as notes under

sections 1221e and 9001 of this title. For complete classification

of this Act to the Code, see Tables.

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20 USC Sec. 9514 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part A - The Institute of Education Sciences

-HEAD-

Sec. 9514. Office of the Director

-STATUTE-

(a) Appointment

Except as provided in subsection (b)(2) of this section, the

President, by and with the advice and consent of the Senate, shall

appoint the Director of the Institute.

(b) Term

(1) In general

The Director shall serve for a term of 6 years, beginning on

the date of appointment of the Director.

(2) First Director

The President, without the advice and consent of the Senate,

may appoint the Assistant Secretary for the Office of Educational

Research and Improvement (as such office existed on the day

before November 5, 2002) to serve as the first Director of the

Institute.

(3) Subsequent Directors

The Board may make recommendations to the President with

respect to the appointment of a Director under subsection (a) of

this section, other than a Director appointed under paragraph

(2).

(c) Pay

The Director shall receive the rate of basic pay for level II of

the Executive Schedule.

(d) Qualifications

The Director shall be selected from individuals who are highly

qualified authorities in the fields of scientifically valid

research, statistics, or evaluation in education, as well as

management within such areas, and have a demonstrated capacity for

sustained productivity and leadership in these areas.

(e) Administration

The Director shall -

(1) administer, oversee, and coordinate the activities carried

out under the Institute, including the activities of the National

Education Centers; and

(2) coordinate and approve budgets and operating plans for each

of the National Education Centers for submission to the

Secretary.

(f) Duties

The duties of the Director shall include the following:

(1) To propose to the Board priorities for the Institute, in

accordance with section 9515(a) of this title.

(2) To ensure the methodology applied in conducting research,

development, evaluation, and statistical analysis is consistent

with the standards for such activities under this subchapter.

(3) To coordinate education research and related activities

carried out by the Institute with such research and activities

carried out by other agencies within the Department and the

Federal Government.

(4) To advise the Secretary on research, evaluation, and

statistics activities relevant to the activities of the

Department.

(5) To establish necessary procedures for technical and

scientific peer review of the activities of the Institute,

consistent with section 9516(b)(3) of this title.

(6) To ensure that all participants in research conducted or

supported by the Institute are afforded their privacy rights and

other relevant protections as research subjects, in accordance

with section 9573 of this title, section 552a of title 5, and

sections 1232g and 1232h of this title.

(7) To ensure that activities conducted or supported by the

Institute are objective, secular, neutral, and nonideological and

are free of partisan political influence and racial, cultural,

gender, or regional bias.

(8) To undertake initiatives and programs to increase the

participation of researchers and institutions that have been

historically underutilized in Federal education research

activities of the Institute, including historically Black

colleges or universities or other institutions of higher

education with large numbers of minority students.

(9) To coordinate with the Secretary to promote and provide for

the coordination of research and development activities and

technical assistance activities between the Institute and

comprehensive centers.

(10) To solicit and consider the recommendations of education

stakeholders, in order to ensure that there is broad and regular

public and professional input from the educational field in the

planning and carrying out of the Institute's activities.

(11) To coordinate the wide dissemination of information on

scientifically valid research.

(12) To carry out and support other activities consistent with

the priorities and mission of the Institute.

(g) Expert guidance and assistance

The Director may establish technical and scientific peer-review

groups and scientific program advisory committees for research and

evaluations that the Director determines are necessary to carry out

the requirements of this subchapter. The Director shall appoint

such personnel, except that officers and employees of the United

States shall comprise no more than 1/4 of the members of any such

group or committee and shall not receive additional compensation

for their service as members of such a group or committee. The

Director shall ensure that reviewers are highly qualified and

capable to appraise education research and development projects.

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply

to a peer-review group or an advisory committee established under

this subsection.

(h) Review

The Director may, when requested by other officers of the

Department, and shall, when directed by the Secretary, review the

products and publications of other offices of the Department to

certify that evidence-based claims about those products and

publications are scientifically valid.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 114, Nov. 5, 2002, 116 Stat. 1946.)

-REFTEXT-

REFERENCES IN TEXT

Level II of the Executive Schedule, referred to in subsec. (c),

is set out in section 5313 of Title 5, Government Organization and

Employees.

The Federal Advisory Committee Act, referred to in subsec. (g),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3412, 3419, 9511, 9533 of

this title.

-CITE-

20 USC Sec. 9515 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part A - The Institute of Education Sciences

-HEAD-

Sec. 9515. Priorities

-STATUTE-

(a) Proposal

The Director shall propose to the Board priorities for the

Institute (taking into consideration long-term research and

development on core issues conducted through the national research

and development centers). The Director shall identify topics that

may require long-term research and topics that are focused on

understanding and solving particular education problems and issues,

including those associated with the goals and requirements

established in the Elementary and Secondary Education Act of 1965

(20 U.S.C. 6301 et seq.) and the Higher Education Act of 1965 (20

U.S.C. 1001 et seq.), such as -

(1) closing the achievement gap between high-performing and

low-performing children, especially achievement gaps between

minority and nonminority children and between disadvantaged

children and such children's more advantaged peers; and

(2) ensuring -

(A) that all children have the ability to obtain a

high-quality education (from early childhood through

postsecondary education) and reach, at a minimum, proficiency

on challenging State academic achievement standards and State

academic assessments, particularly in mathematics, science, and

reading or language arts;

(B) access to, and opportunities for, postsecondary

education; and

(C) the efficacy, impact on academic achievement, and

cost-effectiveness of technology use within the Nation's

schools.

(b) Approval

The Board shall approve or disapprove the priorities for the

Institute proposed by the Director, including any necessary

revision of those priorities. The Board shall transmit any

priorities so approved to the appropriate congressional committees.

(c) Consistency

The Board shall ensure that priorities of the Institute and the

National Education Centers are consistent with the mission of the

Institute.

(d) Public availability and comment

(1) Priorities

Before submitting to the Board proposed priorities for the

Institute, the Director shall make such priorities available to

the public for comment for not less than 60 days (including by

means of the Internet and through publishing such priorities in

the Federal Register). The Director shall provide to the Board a

copy of each such comment submitted.

(2) Plan

Upon approval of such priorities, the Director shall make the

Institute's plan for addressing such priorities available for

public comment in the same manner as under paragraph (1).

-SOURCE-

(Pub. L. 107-279, title I, Sec. 115, Nov. 5, 2002, 116 Stat. 1948.)

-REFTEXT-

REFERENCES IN TEXT

The Elementary and Secondary Education Act of 1965, referred to

in subsec. (a), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as

amended, which is classified generally to chapter 70 (Sec. 6301 et

seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 6301 of this

title and Tables.

The Higher Education Act of 1965, referred to in subsec. (a), is

Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended, which is

classified principally to chapter 28 (Sec. 1001 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1001 of this title and

Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9513, 9514, 9516 of this

title.

-CITE-

20 USC Sec. 9516 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part A - The Institute of Education Sciences

-HEAD-

Sec. 9516. National Board for Education Sciences

-STATUTE-

(a) Establishment

The Institute shall have a board of directors, which shall be

known as the National Board for Education Sciences.

(b) Duties

The duties of the Board shall be the following:

(1) To advise and consult with the Director on the policies of

the Institute.

(2) To consider and approve priorities proposed by the Director

under section 9515 of this title to guide the work of the

Institute.

(3) To review and approve procedures for technical and

scientific peer review of the activities of the Institute.

(4) To advise the Director on the establishment of activities

to be supported by the Institute, including the general areas of

research to be carried out by the National Center for Education

Research.

(5) To present to the Director such recommendations as it may

find appropriate for -

(A) the strengthening of education research; and

(B) the funding of the Institute.

(6) To advise the Director on the funding of applications for

grants, contracts, and cooperative agreements for research, after

the completion of peer review.

(7) To review and regularly evaluate the work of the Institute,

to ensure that scientifically valid research, development,

evaluation, and statistical analysis are consistent with the

standards for such activities under this subchapter.

(8) To advise the Director on ensuring that activities

conducted or supported by the Institute are objective, secular,

neutral, and nonideological and are free of partisan political

influence and racial, cultural, gender, or regional bias.

(9) To solicit advice and information from those in the

educational field, particularly practitioners and researchers, to

recommend to the Director topics that require long-term,

sustained, systematic, programmatic, and integrated research

efforts, including knowledge utilization and wide dissemination

of research, consistent with the priorities and mission of the

Institute.

(10) To advise the Director on opportunities for the

participation in, and the advancement of, women, minorities, and

persons with disabilities in education research, statistics, and

evaluation activities of the Institute.

(11) To recommend to the Director ways to enhance strategic

partnerships and collaborative efforts among other Federal and

State research agencies.

(12) To recommend to the Director individuals to serve as

Commissioners of the National Education Centers.

(c) Composition

(1) Voting members

The Board shall have 15 voting members appointed by the

President, by and with the advice and consent of the Senate.

(2) Advice

The President shall solicit advice regarding individuals to

serve on the Board from the National Academy of Sciences, the

National Science Board, and the National Science Advisor.

(3) Nonvoting ex officio members

The Board shall have the following nonvoting ex officio

members:

(A) The Director of the Institute of Education Sciences.

(B) Each of the Commissioners of the National Education

Centers.

(C) The Director of the National Institute of Child Health

and Human Development.

(D) The Director of the Census.

(E) The Commissioner of Labor Statistics.

(F) The Director of the National Science Foundation.

(4) Appointed membership

(A) Qualifications

Members appointed under paragraph (1) shall be highly

qualified to appraise education research, statistics,

evaluations, or development, and shall include the following

individuals:

(i) Not fewer than 8 researchers in the field of

statistics, evaluation, social sciences, or physical and

biological sciences, which may include those researchers

recommended by the National Academy of Sciences.

(ii) Individuals who are knowledgeable about the

educational needs of the United States, who may include

school-based professional educators, parents (including

parents with experience in promoting parental involvement in

education), Chief State School Officers, State postsecondary

education executives, presidents of institutions of higher

education, local educational agency superintendents, early

childhood experts, principals, members of State or local

boards of education or Bureau-funded school boards, and

individuals from business and industry with experience in

promoting private sector involvement in education.

(B) Terms

Each member appointed under paragraph (1) shall serve for a

term of 4 years, except that -

(i) the terms of the initial members appointed under such

paragraph shall (as determined by a random selection process

at the time of appointment) be for staggered terms of -

(I) 4 years for each of 5 members;

(II) 3 years for each of 5 members; and

(III) 2 years for each of 5 members; and

(ii) no member appointed under such paragraph shall serve

for more than 2 consecutive terms.

(C) Unexpired terms

Any member appointed to fill a vacancy occurring before the

expiration of the term for which the member's predecessor was

appointed shall be appointed only for the remainder of that

term.

(D) Conflict of interest

A voting member of the Board shall be considered a special

Government employee for the purposes of the Ethics in

Government Act of 1978.

(5) Chair

The Board shall elect a chair from among the members of the

Board.

(6) Compensation

Members of the Board shall serve without pay for such service.

Members of the Board who are officers or employees of the United

States may not receive additional pay, allowances, or benefits by

reason of their service on the Board.

(7) Travel expenses

The members of the Board shall receive travel expenses,

including per diem in lieu of subsistence, in accordance with

subchapter I of chapter 57 of title 5.

(8) Powers of the Board

(A) Executive Director

The Board shall have an Executive Director who shall be

appointed by the Board.

(B) Additional staff

The Board shall utilize such additional staff as may be

appointed or assigned by the Director, in consultation with the

Chair and the Executive Director.

(C) Detail of personnel

The Board may use the services and facilities of any

department or agency of the Federal Government. Upon the

request of the Board, the head of any Federal department or

agency may detail any of the personnel of that department or

agency to the Board to assist the Board in carrying out this

Act.

(D) Contracts

The Board may enter into contracts or make other arrangements

as may be necessary to carry out its functions.

(E) Information

The Board may, to the extent otherwise permitted by law,

obtain directly from any executive department or agency of the

Federal Government such information as the Board determines

necessary to carry out its functions.

(9) Meetings

The Board shall meet not less than 3 times each year. The

Board shall hold additional meetings at the call of the Chair or

upon the written request of not less than 6 voting members of the

Board. Meetings of the Board shall be open to the public.

(10) Quorum

A majority of the voting members of the Board serving at the

time of the meeting shall constitute a quorum.

(d) Standing committees

(1) Establishment

The Board may establish standing committees -

(A) that will each serve 1 of the National Education Centers;

and

(B) to advise, consult with, and make recommendations to the

Director and the Commissioner of the appropriate National

Education Center.

(2) Membership

A majority of the members of each standing committee shall be

voting members of the Board whose expertise is needed for the

functioning of the committee. In addition, the membership of

each standing committee may include, as appropriate -

(A) experts and scientists in research, statistics,

evaluation, or development who are recognized in their

discipline as highly qualified to represent such discipline and

who are not members of the Board, but who may have been

recommended by the Commissioner of the appropriate National

Education Center and approved by the Board;

(B) ex officio members of the Board; and

(C) policymakers and expert practitioners with knowledge of,

and experience using, the results of research, evaluation, and

statistics who are not members of the Board, but who may have

been recommended by the Commissioner of the appropriate

National Education Center and approved by the Board.

(3) Duties

Each standing committee shall -

(A) review and comment, at the discretion of the Board or the

standing committee, on any grant, contract, or cooperative

agreement entered into (or proposed to be entered into) by the

applicable National Education Center;

(B) prepare for, and submit to, the Board an annual

evaluation of the operations of the applicable National

Education Center;

(C) review and comment on the relevant plan for activities to

be undertaken by the applicable National Education Center for

each fiscal year; and

(D) report periodically to the Board regarding the activities

of the committee and the applicable National Education Center.

(e) Annual report

The Board shall submit to the Director, the Secretary, and the

appropriate congressional committees, not later than July 1 of each

year, a report that assesses the effectiveness of the Institute in

carrying out its priorities and mission, especially as such

priorities and mission relate to carrying out scientifically valid

research, conducting unbiased evaluations, collecting and reporting

accurate education statistics, and translating research into

practice.

(f) Recommendations

The Board shall submit to the Director, the Secretary, and the

appropriate congressional committees a report that includes any

recommendations regarding any actions that may be taken to enhance

the ability of the Institute to carry out its priorities and

mission. The Board shall submit an interim report not later than 3

years after November 5, 2002, and a final report not later than 5

years after such date.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 116, Nov. 5, 2002, 116 Stat. 1948.)

-REFTEXT-

REFERENCES IN TEXT

The Ethics in Government Act of 1978, referred to in subsec.

(c)(4)(D), is Pub. L. 95-521, Oct. 26, 1978, 92 Stat. 1824, as

amended. For complete classification of this Act to the Code, see

Short Title note set out under section 101 of Pub. L. 95-521 in the

Appendix to Title 5, Government Organization and Employees, and

Tables.

This Act, referred to in subsec. (c)(8)(C), means Pub. L.

107-279, Nov. 5, 2002, 116 Stat. 1940, which enacted this chapter

and section 3419 of this title, amended sections 1232j, 3412, 3461,

6194, 6311, 6312, 6317, 6491, 6932, 7013, 7253c, 7283b, 7283d,

7451, 7703, 7909, 9007, 9010, 9011, 9573, 9623, and 9624 of this

title and section 5315 of Title 5, Government Organization and

Employees, transferred sections 9010 and 9011 of this title to

sections 9621 and 9622 of this title, respectively, repealed

sections 3419, 6011, 6021, 6031, 6041, 6051, 6053 to 6053e, 6054 to

6054b, 6055 to 6055h, 6056, 6056a, 9001 to 9009, and 9012 of this

title, enacted provisions set out as notes under section 7703 and

9501 of this title, and repealed provisions set out as notes under

sections 1221e and 9001 of this title. For complete classification

of this Act to the Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9501, 9511, 9513, 9514,

9584 of this title.

-CITE-

20 USC Sec. 9517 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part A - The Institute of Education Sciences

-HEAD-

Sec. 9517. Commissioners of the National Education Centers

-STATUTE-

(a) Appointment of Commissioners

(1) In general

Except as provided in subsection (b) of this section, each of

the National Education Centers shall be headed by a Commissioner

appointed by the Director. In appointing Commissioners, the

Director shall seek to promote continuity in leadership of the

National Education Centers and shall consider individuals

recommended by the Board. The Director may appoint a Commissioner

to carry out the functions of a National Education Center without

regard to the provisions of title 5 governing appointments in the

competitive service, and the provisions of chapter 51 and

subchapter III of chapter 53 of such title relating to

classification and General Schedule pay rates.

(2) Pay and qualifications

Except as provided in subsection (b) of this section, each

Commissioner shall -

(A) receive the rate of basic pay for level IV of the

Executive Schedule; and

(B) be highly qualified in the field of education research or

evaluation.

(3) Service

Except as provided in subsection (b) of this section, each

Commissioner shall report to the Director. A Commissioner shall

serve for a period of not more than 6 years, except that a

Commissioner -

(A) may be reappointed by the Director; and

(B) may serve after the expiration of that Commissioner's

term, until a successor has been appointed, for a period not to

exceed 1 additional year.

(b) Appointment of Commissioner for Education Statistics

The National Center for Education Statistics shall be headed by a

Commissioner for Education Statistics who shall be appointed by the

President, by and with the advice and consent of the Senate, and

who shall -

(1) have substantial knowledge of programs assisted by the

National Center for Education Statistics;

(2) receive the rate of basic pay for level IV of the Executive

Schedule; and

(3) serve for a term of 6 years, with the term to expire every

sixth June 21, beginning in 2003.

(c) Coordination

Each Commissioner of a National Education Center shall coordinate

with each of the other Commissioners of the National Education

Centers in carrying out such Commissioner's duties under this

subchapter.

(d) Supervision and approval

Each Commissioner, except the Commissioner for Education

Statistics, shall carry out such Commissioner's duties under this

subchapter under the supervision and subject to the approval of the

Director.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 117, Nov. 5, 2002, 116 Stat. 1952.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (a)(1), are classified

generally to section 3301 et seq. of Title 5, Government

Organization and Employees.

Level IV of the Executive Schedule, referred to in subsecs.

(a)(2)(A) and (b)(2), is set out in section 5315 of Title 5,

Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9583 of this title.

-CITE-

20 USC Sec. 9518 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part A - The Institute of Education Sciences

-HEAD-

Sec. 9518. Agreements

-STATUTE-

The Institute may carry out research projects of common interest

with entities such as the National Science Foundation and the

National Institute of Child Health and Human Development through

agreements with such entities that are in accordance with section

1231 of this title.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 118, Nov. 5, 2002, 116 Stat. 1953.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9533 of this title.

-CITE-

20 USC Sec. 9519 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part A - The Institute of Education Sciences

-HEAD-

Sec. 9519. Biennial report

-STATUTE-

The Director shall, on a biennial basis, transmit to the

President, the Board, and the appropriate congressional committees,

and make widely available to the public (including by means of the

Internet), a report containing the following:

(1) A description of the activities carried out by and through

the National Education Centers during the prior fiscal years.

(2) A summary of each grant, contract, and cooperative

agreement in excess of $100,000 funded through the National

Education Centers during the prior fiscal years, including, at a

minimum, the amount, duration, recipient, purpose of the award,

and the relationship, if any, to the priorities and mission of

the Institute, which shall be available in a user-friendly

electronic database.

(3) A description of how the activities of the National

Education Centers are consistent with the principles of

scientifically valid research and the priorities and mission of

the Institute.

(4) Such additional comments, recommendations, and materials as

the Director considers appropriate.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 119, Nov. 5, 2002, 116 Stat. 1953.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9533, 9543, 9562, 9563 of

this title.

-CITE-

20 USC Sec. 9520 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part A - The Institute of Education Sciences

-HEAD-

Sec. 9520. Competitive awards

-STATUTE-

Activities carried out under this Act through grants, contracts,

or cooperative agreements, at a minimum, shall be awarded on a

competitive basis and, when practicable, through a process of peer

review.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 120, Nov. 5, 2002, 116 Stat. 1953.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means Pub. L. 107-279, Nov. 5,

2002, 116 Stat. 1940, which enacted this chapter and section 3419

of this title, amended sections 1232j, 3412, 3461, 6194, 6311,

6312, 6317, 6491, 6932, 7013, 7253c, 7283b, 7283d, 7451, 7703,

7909, 9007, 9010, 9011, 9573, 9623, and 9624 of this title and

section 5315 of Title 5, Government Organization and Employees,

transferred sections 9010 and 9011 of this title to sections 9621

and 9622 of this title, respectively, repealed sections 3419, 6011,

6021, 6031, 6041, 6051, 6053 to 6053e, 6054 to 6054b, 6055 to

6055h, 6056, 6056a, 9001 to 9009, and 9012 of this title, enacted

provisions set out as notes under section 7703 and 9501 of this

title, and repealed provisions set out as notes under sections

1221e and 9001 of this title. For complete classification of this

Act to the Code, see Tables.

-CITE-

20 USC Part B - National Center for Education Research 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part B - National Center for Education Research

.

-HEAD-

Part B - National Center for Education Research

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 9511 of this title.

-CITE-

20 USC Sec. 9531 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part B - National Center for Education Research

-HEAD-

Sec. 9531. Establishment

-STATUTE-

(a) Establishment

There is established in the Institute a National Center for

Education Research (in this part referred to as the ''Research

Center'').

(b) Mission

The mission of the Research Center is -

(1) to sponsor sustained research that will lead to the

accumulation of knowledge and understanding of education, to -

(A) ensure that all children have access to a high-quality

education;

(B) improve student academic achievement, including through

the use of educational technology;

(C) close the achievement gap between high-performing and

low-performing students through the improvement of teaching and

learning of reading, writing, mathematics, science, and other

academic subjects; and

(D) improve access to, and opportunity for, postsecondary

education;

(2) to support the synthesis and, as appropriate, the

integration of education research;

(3) to promote quality and integrity through the use of

accepted practices of scientific inquiry to obtain knowledge and

understanding of the validity of education theories, practices,

or conditions; and

(4) to promote scientifically valid research findings that can

provide the basis for improving academic instruction and lifelong

learning.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 131, Nov. 5, 2002, 116 Stat. 1954.)

-CITE-

20 USC Sec. 9532 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part B - National Center for Education Research

-HEAD-

Sec. 9532. Commissioner for Education Research

-STATUTE-

The Research Center shall be headed by a Commissioner for

Education Research (in this part referred to as the ''Research

Commissioner'') who shall have substantial knowledge of the

activities of the Research Center, including a high level of

expertise in the fields of research and research management.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 132, Nov. 5, 2002, 116 Stat. 1954.)

-CITE-

20 USC Sec. 9533 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part B - National Center for Education Research

-HEAD-

Sec. 9533. Duties

-STATUTE-

(a) General duties

The Research Center shall -

(1) maintain published peer-review standards and standards for

the conduct and evaluation of all research and development

carried out under the auspices of the Research Center in

accordance with this part;

(2) propose to the Director a research plan that -

(A) is consistent with the priorities and mission of the

Institute and the mission of the Research Center and includes

the activities described in paragraph (3); and

(B) shall be carried out pursuant to paragraph (4) and, as

appropriate, be updated and modified;

(3) carry out specific, long-term research activities that are

consistent with the priorities and mission of the Institute, and

are approved by the Director;

(4) implement the plan proposed under paragraph (2) to carry

out scientifically valid research that -

(A) uses objective and measurable indicators, including

timelines, that are used to assess the progress and results of

such research;

(B) meets the procedures for peer review established by the

Director under section 9514(f)(5) of this title and the

standards of research described in section 9534 of this title;

and

(C) includes both basic research and applied research, which

shall include research conducted through field-initiated

research and ongoing research initiatives;

(5) promote the use of scientifically valid research within the

Federal Government, including active participation in interagency

research projects described in section 9518 of this title;

(6) ensure that research conducted under the direction of the

Research Center is relevant to education practice and policy;

(7) synthesize and disseminate, through the National Center for

Education Evaluation and Regional Assistance, the findings and

results of education research conducted or supported by the

Research Center;

(8) assist the Director in the preparation of a biennial

report, as described in section 9519 of this title;

(9) carry out research on successful State and local education

reform activities, including those that result in increased

academic achievement and in closing the achievement gap, as

approved by the Director;

(10) carry out research initiatives regarding the impact of

technology, including -

(A) research into how technology affects student achievement;

(B) long-term research into cognition and learning issues as

they relate to the uses of technology;

(C) rigorous, peer-reviewed, large-scale, long-term, and

broadly applicable empirical research that is designed to

determine which approaches to the use of technology are most

effective and cost-efficient in practice and under what

conditions; and

(D) field-based research on how teachers implement technology

and Internet-based resources in the classroom, including an

understanding (FOOTNOTE 1) how these resources are being

accessed, put to use, and the effectiveness of such resources;

and

(FOOTNOTE 1) So in original. Probably should be ''understanding

of''.

(11) carry out research that is rigorous, peer-reviewed, and

large scale to determine which methods of mathematics and science

teaching are most effective, cost efficient, and able to be

applied, duplicated, and scaled up for use in elementary and

secondary classrooms, including in low-performing schools, to

improve the teaching of, and student achievement in, mathematics

and science as required under the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 6301 et seq.).

(b) Eligibility

Research carried out under subsection (a) of this section through

contracts, grants, or cooperative agreements shall be carried out

only by recipients with the ability and capacity to conduct

scientifically valid research.

(c) National research and development centers

(1) Support

In carrying out activities under subsection (a)(3) of this

section, the Research Commissioner shall support not less than 8

national research and development centers. The Research

Commissioner shall assign each of the 8 national research and

development centers not less than 1 of the topics described in

paragraph (2). In addition, the Research Commissioner may assign

each of the 8 national research and development centers

additional topics of research consistent with the mission and

priorities of the Institute and the mission of the Research

Center.

(2) Topics of research

The Research Commissioner shall support the following topics of

research, through national research and development centers or

through other means:

(A) Adult literacy.

(B) Assessment, standards, and accountability research.

(C) Early childhood development and education.

(D) English language learners research.

(E) Improving low achieving schools.

(F) Innovation in education reform.

(G) State and local policy.

(H) Postsecondary education and training.

(I) Rural education.

(J) Teacher quality.

(K) Reading and literacy.

(3) Duties of centers

The national research and development centers shall address

areas of national need, including in educational technology

areas. The Research Commissioner may support additional national

research and development centers to address topics of research

not described in paragraph (2) if such topics are consistent with

the priorities and mission of the Institute and the mission of

the Research Center. The research carried out by the centers

shall incorporate the potential or existing role of educational

technology, where appropriate, in achieving the goals of each

center.

(4) Scope

Support for a national research and development center shall be

for a period of not more than 5 years, shall be of sufficient

size and scope to be effective, and notwithstanding section

9534(b) of this title, may be renewed without competition for not

more than 5 additional years if the Director, in consultation

with the Research Commissioner and the Board, determines that the

research of the national research and development center -

(A) continues to address priorities of the Institute; and

(B) merits renewal (applying the procedures and standards

established in section 9534 of this title).

(5) Limit

No national research and development center may be supported

under this subsection for a period of more than 10 years without

submitting to a competitive process for the award of the support.

(6) Continuation of awards

The Director shall continue awards made to the national

research and development centers that are in effect on the day

before November 5, 2002, in accordance with the terms of those

awards and may renew them in accordance with paragraphs (4) and

(5).

(7) Disaggregation

To the extent feasible, research conducted under this

subsection shall be disaggregated by age, race, gender, and

socioeconomic background.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 133, Nov. 5, 2002, 116 Stat. 1954.)

-REFTEXT-

REFERENCES IN TEXT

The Elementary and Secondary Education Act of 1965, referred to

in subsec. (a)(11), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27,

as amended, which is classified generally to chapter 70 (Sec. 6301

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 6301 of this

title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9501 of this title.

-CITE-

20 USC Sec. 9534 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part B - National Center for Education Research

-HEAD-

Sec. 9534. Standards for conduct and evaluation of research

-STATUTE-

(a) In general

In carrying out this part, the Research Commissioner shall -

(1) ensure that all research conducted under the direction of

the Research Center follows scientifically based research

standards;

(2) develop such other standards as may be necessary to govern

the conduct and evaluation of all research, development, and wide

dissemination activities carried out by the Research Center to

assure that such activities meet the highest standards of

professional excellence;

(3) review the procedures utilized by the National Institutes

of Health, the National Science Foundation, and other Federal

departments or agencies engaged in research and development, and

actively solicit recommendations from research organizations and

members of the general public in the development of the standards

described in paragraph (2); and

(4) ensure that all research complies with Federal guidelines

relating to research misconduct.

(b) Peer review

(1) In general

The Director shall establish a peer review system, involving

highly qualified individuals with an in-depth knowledge of the

subject to be investigated, for reviewing and evaluating all

applications for grants and cooperative agreements that exceed

$100,000, and for evaluating and assessing the products of

research by all recipients of grants and cooperative agreements

under this Act.

(2) Evaluation

The Research Commissioner shall -

(A) develop the procedures to be used in evaluating

applications for research grants, cooperative agreements, and

contracts, and specify the criteria and factors (including, as

applicable, the use of longitudinal data linking test scores,

enrollment, and graduation rates over time) which shall be

considered in making such evaluations; and

(B) evaluate the performance of each recipient of an award of

a research grant, contract, or cooperative agreement at the

conclusion of the award.

(c) Long-term research

The Research Commissioner shall ensure that not less than 50

percent of the funds made available for research for each fiscal

year shall be used to fund long-term research programs of not less

than 5 years, which support the priorities and mission of the

Institute and the mission of the Research Center.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 134, Nov. 5, 2002, 116 Stat. 1957.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (b)(1), means Pub. L. 107-279,

Nov. 5, 2002, 116 Stat. 1940, which enacted this chapter and

section 3419 of this title, amended sections 1232j, 3412, 3461,

6194, 6311, 6312, 6317, 6491, 6932, 7013, 7253c, 7283b, 7283d,

7451, 7703, 7909, 9007, 9010, 9011, 9573, 9623, and 9624 of this

title and section 5315 of Title 5, Government Organization and

Employees, transferred sections 9010 and 9011 of this title to

sections 9621 and 9622 of this title, respectively, repealed

sections 3419, 6011, 6021, 6031, 6041, 6051, 6053 to 6053e, 6054 to

6054b, 6055 to 6055h, 6056, 6056a, 9001 to 9009, and 9012 of this

title, enacted provisions set out as notes under section 7703 and

9501 of this title, and repealed provisions set out as notes under

sections 1221e and 9001 of this title. For complete classification

of this Act to the Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9533, 9564 of this title.

-CITE-

20 USC Part C - National Center for Education Statistics 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part C - National Center for Education Statistics

.

-HEAD-

Part C - National Center for Education Statistics

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this part were contained in

chapter 71 (Sec. 9001 et seq.) of this title prior to repeal by

Pub. L. 107-279, title IV, Sec. 403(1), Nov. 5, 2002, 116 Stat.

1985.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 9511, 9576, 9584 of this

title.

-CITE-

20 USC Sec. 9541 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part C - National Center for Education Statistics

-HEAD-

Sec. 9541. Establishment

-STATUTE-

(a) Establishment

There is established in the Institute a National Center for

Education Statistics (in this part referred to as the ''Statistics

Center'').

(b) Mission

The mission of the Statistics Center shall be -

(1) to collect and analyze education information and statistics

in a manner that meets the highest methodological standards;

(2) to report education information and statistics in a timely

manner; and

(3) to collect, analyze, and report education information and

statistics in a manner that -

(A) is objective, secular, neutral, and nonideological and is

free of partisan political influence and racial, cultural,

gender, or regional bias; and

(B) is relevant and useful to practitioners, researchers,

policymakers, and the public.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 151, Nov. 5, 2002, 116 Stat. 1957.)

-CITE-

20 USC Sec. 9542 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part C - National Center for Education Statistics

-HEAD-

Sec. 9542. Commissioner for Education Statistics

-STATUTE-

The Statistics Center shall be headed by a Commissioner for

Education Statistics (in this part referred to as the ''Statistics

Commissioner'') who shall be highly qualified and have substantial

knowledge of statistical methodologies and activities undertaken by

the Statistics Center.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 152, Nov. 5, 2002, 116 Stat. 1958.)

-CITE-

20 USC Sec. 9543 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part C - National Center for Education Statistics

-HEAD-

Sec. 9543. Duties

-STATUTE-

(a) General duties

The Statistics Center shall collect, report, analyze, and

disseminate statistical data related to education in the United

States and in other nations, including -

(1) collecting, acquiring, compiling (where appropriate, on a

State-by-State basis), and disseminating full and complete

statistics (disaggregated by the population characteristics

described in paragraph (3)) on the condition and progress of

education, at the preschool, elementary, secondary,

postsecondary, and adult levels in the United States, including

data on -

(A) State and local education reform activities;

(B) State and local early childhood school readiness

activities;

(C) student achievement in, at a minimum, the core academic

areas of reading, mathematics, and science at all levels of

education;

(D) secondary school completions, dropouts, and adult

literacy and reading skills;

(E) access to, and opportunity for, postsecondary education,

including data on financial aid to postsecondary students;

(F) teaching, including -

(i) data on in-service professional development, including

a comparison of courses taken in the core academic areas of

reading, mathematics, and science with courses in noncore

academic areas, including technology courses; and

(ii) the percentage of teachers who are highly qualified

(as such term is defined in section 9101 of the Elementary

and Secondary Education Act of 1965 (20 U.S.C. 7801)) in each

State and, where feasible, in each local educational agency

and school;

(G) instruction, the conditions of the education workplace,

and the supply of, and demand for, teachers;

(H) the incidence, frequency, seriousness, and nature of

violence affecting students, school personnel, and other

individuals participating in school activities, as well as

other indices of school safety, including information regarding

-

(i) the relationship between victims and perpetrators;

(ii) demographic characteristics of the victims and

perpetrators; and

(iii) the type of weapons used in incidents, as classified

in the Uniform Crime Reports of the Federal Bureau of

Investigation;

(I) the financing and management of education, including data

on revenues and expenditures;

(J) the social and economic status of children, including

their academic achievement;

(K) the existence and use of educational technology and

access to the Internet by students and teachers in elementary

schools and secondary schools;

(L) access to, and opportunity for, early childhood

education;

(M) the availability of, and access to, before-school and

after-school programs (including such programs during school

recesses);

(N) student participation in and completion of secondary and

postsecondary vocational and technical education programs by

specific program area; and

(O) the existence and use of school libraries;

(2) conducting and publishing reports on the meaning and

significance of the statistics described in paragraph (1);

(3) collecting, analyzing, cross-tabulating, and reporting, to

the extent feasible, information by gender, race, ethnicity,

socioeconomic status, limited English proficiency, mobility,

disability, urban, rural, suburban districts, and other

population characteristics, when such disaggregated information

will facilitate educational and policy decisionmaking;

(4) assisting public and private educational agencies,

organizations, and institutions in improving and automating

statistical and data collection activities, which may include

assisting State educational agencies and local educational

agencies with the disaggregation of data and with the development

of longitudinal student data systems;

(5) determining voluntary standards and guidelines to assist

State educational agencies in developing statewide longitudinal

data systems that link individual student data consistent with

the requirements of the Elementary and Secondary Education Act of

1965 (20 U.S.C. 6301 et seq.), promote linkages across States,

and protect student privacy consistent with section 9573 of this

title, to improve student academic achievement and close

achievement gaps;

(6) acquiring and disseminating data on educational activities

and student achievement (such as the Third International Math and

Science Study) in the United States compared with foreign

nations;

(7) conducting longitudinal and special data collections

necessary to report on the condition and progress of education;

(8) assisting the Director in the preparation of a biennial

report, as described in section 9519 of this title; and

(9) determining, in consultation with the National Research

Council of the National Academies, methodology by which States

may accurately measure graduation rates (defined as the

percentage of students who graduate from secondary school with a

regular diploma in the standard number of years), school

completion rates, and dropout rates.

(b) Training program

The Statistics Commissioner may establish a program to train

employees of public and private educational agencies,

organizations, and institutions in the use of standard statistical

procedures and concepts, and may establish a fellowship program to

appoint such employees as temporary fellows at the Statistics

Center, in order to assist the Statistics Center in carrying out

its duties.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 153, Nov. 5, 2002, 116 Stat. 1958.)

-REFTEXT-

REFERENCES IN TEXT

The Elementary and Secondary Education Act of 1965, referred to

in subsec. (a)(5), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as

amended, which is classified generally to chapter 70 (Sec. 6301 et

seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 6301 of this

title and Tables.

-MISC2-

STUDY BY NATIONAL CENTER FOR EDUCATION STATISTICS RESPECTING

CONDITION OF EDUCATION FOR HISPANIC AMERICANS

Pub. L. 98-211, Sec. 24(b), Dec. 8, 1983, 97 Stat. 1419, provided

that: ''The National Center for Education Statistics shall not

terminate the study of the condition of education for Hispanic

Americans unless specifically required or authorized to do so by

law.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1232j, 7909, 9572, 9607

of this title.

-CITE-

20 USC Sec. 9544 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part C - National Center for Education Statistics

-HEAD-

Sec. 9544. Performance of duties

-STATUTE-

(a) Grants, contracts, and cooperative agreements

In carrying out the duties under this part, the Statistics

Commissioner, (FOOTNOTE 1) may award grants, enter into contracts

and cooperative agreements, and provide technical assistance.

(FOOTNOTE 1) So in original. The comma probably should not

appear.

(b) Gathering information

(1) Sampling

The Statistics Commissioner may use the statistical method

known as sampling (including random sampling) to carry out this

part.

(2) Source of information

The Statistics Commissioner may, as appropriate, use

information collected -

(A) from States, local educational agencies, public and

private schools, preschools, institutions of higher education,

vocational and adult education programs, libraries,

administrators, teachers, students, the general public, and

other individuals, organizations, agencies, and institutions

(including information collected by States and local

educational agencies for their own use); and

(B) by other offices within the Institute and by other

Federal departments, agencies, and instrumentalities.

(3) Collection

The Statistics Commissioner may -

(A) enter into interagency agreements for the collection of

statistics;

(B) arrange with any agency, organization, or institution for

the collection of statistics; and

(C) assign employees of the Statistics Center to any such

agency, organization, or institution to assist in such

collection.

(4) Technical assistance and coordination

In order to maximize the effectiveness of Department efforts to

serve the educational needs of children and youth, the Statistics

Commissioner shall -

(A) provide technical assistance to the Department offices

that gather data for statistical purposes; and

(B) coordinate with other Department offices in the

collection of data.

(c) Duration

Notwithstanding any other provision of law, the grants,

contracts, and cooperative agreements under this section may be

awarded, on a competitive basis, for a period of not more than 5

years, and may be renewed at the discretion of the Statistics

Commissioner for an additional period of not more than 5 years.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 154, Nov. 5, 2002, 116 Stat. 1960.)

-CITE-

20 USC Sec. 9545 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part C - National Center for Education Statistics

-HEAD-

Sec. 9545. Reports

-STATUTE-

(a) Procedures for issuance of reports

The Statistics Commissioner, (FOOTNOTE 1) shall establish

procedures, in accordance with section 9576 of this title, to

ensure that the reports issued under this section are relevant, of

high quality, useful to customers, subject to rigorous peer review,

produced in a timely fashion, and free from any partisan political

influence.

(FOOTNOTE 1) So in original. The comma probably should not

appear.

(b) Report on condition and progress of education

Not later than June 1, 2003, and each June 1 thereafter, the

Statistics Commissioner, (FOOTNOTE 1) shall submit to the President

and the appropriate congressional committees a statistical report

on the condition and progress of education in the United States.

(c) Statistical reports

The Statistics Commissioner shall issue regular and, as

necessary, special statistical reports on education topics,

particularly in the core academic areas of reading, mathematics,

and science, consistent with the priorities and the mission of the

Statistics Center.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 155, Nov. 5, 2002, 116 Stat. 1960.)

-CITE-

20 USC Sec. 9546 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part C - National Center for Education Statistics

-HEAD-

Sec. 9546. Dissemination

-STATUTE-

(a) General requests

(1) In general

The Statistics Center may furnish transcripts or copies of

tables and other statistical records and make special statistical

compilations and surveys for State and local officials, public

and private organizations, and individuals.

(2) Compilations

The Statistics Center shall provide State educational agencies,

local educational agencies, and institutions of higher education

with opportunities to suggest the establishment of particular

compilations of statistics, surveys, and analyses that will

assist those educational agencies.

(b) Congressional requests

The Statistics Center shall furnish such special statistical

compilations and surveys as the relevant congressional committees

may request.

(c) Joint statistical projects

The Statistics Center may engage in joint statistical projects

related to the mission of the Center, or other statistical purposes

authorized by law, with nonprofit organizations or agencies, and

the cost of such projects shall be shared equitably as determined

by the Secretary.

(d) Fees

(1) In general

Statistical compilations and surveys under this section, other

than those carried out pursuant to subsections (b) and (c) of

this section, may be made subject to the payment of the actual or

estimated cost of such work.

(2) Funds received

All funds received in payment for work or services described in

this subsection may be used to pay directly the costs of such

work or services, to repay appropriations that initially bore all

or part of such costs, or to refund excess sums when necessary.

(e) Access

(1) Other agencies

The Statistics Center shall, consistent with section 9573 of

this title, cooperate with other Federal agencies having a need

for educational data in providing access to educational data

received by the Statistics Center.

(2) Interested parties

The Statistics Center shall, in accordance with such terms and

conditions as the Center may prescribe, provide all interested

parties, including public and private agencies, parents, and

other individuals, direct access, in the most appropriate form

(including, where possible, electronically), to data collected by

the Statistics Center for the purposes of research and acquiring

statistical information.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 156, Nov. 5, 2002, 116 Stat. 1961.)

-CITE-

20 USC Sec. 9547 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part C - National Center for Education Statistics

-HEAD-

Sec. 9547. Cooperative education statistics systems

-STATUTE-

The Statistics Center may establish 1 or more national

cooperative education statistics systems for the purpose of

producing and maintaining, with the cooperation of the States,

comparable and uniform information and data on early childhood

education, elementary and secondary education, postsecondary

education, adult education, and libraries, that are useful for

policymaking at the Federal, State, and local levels.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 157, Nov. 5, 2002, 116 Stat. 1962.)

-CITE-

20 USC Sec. 9548 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part C - National Center for Education Statistics

-HEAD-

Sec. 9548. State defined

-STATUTE-

In this part, the term ''State'' means each of the 50 States, the

District of Columbia, and the Commonwealth of Puerto Rico.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 158, Nov. 5, 2002, 116 Stat. 1962.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9501 of this title.

-CITE-

20 USC Part D - National Center for Education Evaluation

and Regional Assistance 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part D - National Center for Education Evaluation and Regional

Assistance

.

-HEAD-

Part D - National Center for Education Evaluation and Regional

Assistance

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 9511 of this title.

-CITE-

20 USC Sec. 9561 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part D - National Center for Education Evaluation and Regional

Assistance

-HEAD-

Sec. 9561. Establishment

-STATUTE-

(a) Establishment

There is established in the Institute a National Center for

Education Evaluation and Regional Assistance.

(b) Mission

The mission of the National Center for Education Evaluation and

Regional Assistance shall be -

(1) to provide technical assistance;

(2) to conduct evaluations of Federal education programs

administered by the Secretary (and as time and resources allow,

other education programs) to determine the impact of such

programs (especially on student academic achievement in the core

academic areas of reading, mathematics, and science);

(3) to support synthesis and wide dissemination of results of

evaluation, research, and products developed; and

(4) to encourage the use of scientifically valid education

research and evaluation throughout the United States.

(c) Grants, contracts, and cooperative agreements

In carrying out the duties under this part, the Director may

award grants, enter into contracts and cooperative agreements, and

provide technical assistance.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 171, Nov. 5, 2002, 116 Stat. 1962.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9563 of this title.

-CITE-

20 USC Sec. 9562 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part D - National Center for Education Evaluation and Regional

Assistance

-HEAD-

Sec. 9562. Commissioner for Education Evaluation and Regional

Assistance

-STATUTE-

(a) In general

The National Center for Education Evaluation and Regional

Assistance shall be headed by a Commissioner for Education

Evaluation and Regional Assistance (in this part referred to as the

''Evaluation and Regional Assistance Commissioner'') who is highly

qualified and has demonstrated a capacity to carry out the mission

of the Center and shall -

(1) conduct evaluations pursuant to section 9563 of this title;

(2) widely disseminate information on scientifically valid

research, statistics, and evaluation on education, particularly

to State educational agencies and local educational agencies, to

institutions of higher education, to the public, the media,

voluntary organizations, professional associations, and other

constituencies, especially with respect to information relating

to, at a minimum -

(A) the core academic areas of reading, mathematics, and

science;

(B) closing the achievement gap between high-performing

students and low-performing students;

(C) educational practices that improve academic achievement

and promote learning;

(D) education technology, including software; and

(E) those topics covered by the Educational Resources

Information Center Clearinghouses (established under section

941(f) of the Educational Research, Development, Dissemination,

and Improvement Act of 1994 (20 U.S.C. 6041(f)) (as such

provision was in effect on the day before November 5, 2002);

(3) make such information accessible in a user-friendly,

timely, and efficient manner (including through use of a

searchable Internet-based online database that shall include all

topics covered in paragraph (2)(E)) to schools, institutions of

higher education, educators (including early childhood

educators), parents, administrators, policymakers, researchers,

public and private entities (including providers of early

childhood services), entities responsible for carrying out

technical assistance through the Department, and the general

public;

(4) support the regional educational laboratories in conducting

applied research, the development and dissemination of

educational research, products and processes, the provision of

technical assistance, and other activities to serve the

educational needs of such laboratories' regions;

(5) manage the National Library of Education described in

subsection (d) of this section, and other sources of digital

information on education research;

(6) assist the Director in the preparation of a biennial

report, described in section 9519 of this title; and

(7) award a contract for a prekindergarten through grade 12

mathematics and science teacher clearinghouse.

(b) Additional duties

In carrying out subsection (a) of this section, the Evaluation

and Regional Assistance Commissioner shall -

(1) ensure that information disseminated under this section is

provided in a cost-effective, nonduplicative manner that includes

the most current research findings, which may include through the

continuation of individual clearinghouses authorized under the

Educational Research, Development, Dissemination, and Improvement

Act of 1994 (title IX of the Goals 2000: Educate America Act; 20

U.S.C. 6001 et seq.) (as such Act existed on the day before

November 5, 2002);

(2) describe prominently the type of scientific evidence that

is used to support the findings that are disseminated;

(3) explain clearly the scientifically appropriate and

inappropriate uses of -

(A) the findings that are disseminated; and

(B) the types of evidence used to support those findings; and

(4) respond, as appropriate, to inquiries from schools,

educators, parents, administrators, policymakers, researchers,

public and private entities, and entities responsible for

carrying out technical assistance.

(c) Continuation

The Director shall continue awards for the support of the

Educational Resources Information Center Clearinghouses and

contracts for regional educational laboratories (established under

subsections (f) and (h) of section 941 of the Educational Research,

Development, Dissemination, and Improvement Act of 1994 (20 U.S.C.

6041(f) and (h)) (as such awards were in effect on the day before

November 5, 2002)) for the duration of those awards, in accordance

with the terms and agreements of such awards.

(d) National Library of Education

(1) Establishment

There is established within the National Center for Education

Evaluation and Regional Assistance a National Library of

Education that shall -

(A) be headed by an individual who is highly qualified in

library science;

(B) collect and archive information;

(C) provide a central location within the Federal Government

for information about education;

(D) provide comprehensive reference services on matters

related to education to employees of the Department of

Education and its contractors and grantees, other Federal

employees, and members of the public; and

(E) promote greater cooperation and resource sharing among

providers and repositories of education information in the

United States.

(2) Information

The information collected and archived by the National Library

of Education shall include -

(A) products and publications developed through, or supported

by, the Institute; and

(B) other relevant and useful education-related research,

statistics, and evaluation materials and other information,

projects, and publications that are -

(i) consistent with -

(I) scientifically valid research; or

(II) the priorities and mission of the Institute; and

(ii) developed by the Department, other Federal agencies,

or entities (including entities supported under subchapter II

of this chapter and the Educational Resources Information

Center Clearinghouses (established under section 941(f) of

the Educational Research, Development, Dissemination, and

Improvement Act of 1994 (20 U.S.C. 6041(f)) (as such

provision was in effect on the day before November 5,

2002))). (FOOTNOTE 1)

(FOOTNOTE 1) So in original. The third closing parenthesis

probably should not appear.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 172, Nov. 5, 2002, 116 Stat. 1962.)

-REFTEXT-

REFERENCES IN TEXT

The Educational Research, Development, Dissemination, and

Improvement Act of 1994 (as such Act existed on the day before

November 5, 2002), referred to in subsecs. (a)(1)(E), (b)(1), (c),

and (d)(2)(B)(ii), is title IX of Pub. L. 103-227, Mar. 31, 1994,

108 Stat. 212, as amended, which was classified principally to

subchapter IX (Sec. 6001 et seq.) of chapter 68 of this title and

was substantially repealed by Pub. L. 107-279, title IV, Sec.

403(2), Nov. 5, 2002, 116 Stat. 1985. Section 941 of the Act was

classified to section 6041 of this title prior to repeal. For

complete classification of this Act to the Code, see section 6001

of this title and Tables.

-CITE-

20 USC Sec. 9563 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part D - National Center for Education Evaluation and Regional

Assistance

-HEAD-

Sec. 9563. Evaluations

-STATUTE-

(a) In general

(1) Requirements

In carrying out its missions, the National Center for Education

Evaluation and Regional Assistance may -

(A) conduct or support evaluations consistent with the

Center's mission as described in section 9561(b) of this title;

(B) evaluate programs under title I of the Elementary and

Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.);

(C) to the extent practicable, examine evaluations conducted

or supported by others in order to determine the quality and

relevance of the evidence of effectiveness generated by those

evaluations, with the approval of the Director;

(D) coordinate the activities of the National Center for

Education Evaluation and Regional Assistance with other

evaluation activities in the Department;

(E) review and, where feasible, supplement Federal education

program evaluations, particularly those by the Department, to

determine or enhance the quality and relevance of the evidence

generated by those evaluations;

(F) establish evaluation methodology; and

(G) assist the Director in the preparation of the biennial

report, as described in section 9519 of this title.

(2) Additional requirements

Each evaluation conducted by the National Center for Education

Evaluation and Regional Assistance pursuant to paragraph (1)

shall -

(A) adhere to the highest possible standards of quality for

conducting scientifically valid education evaluation; and

(B) be subject to rigorous peer-review.

(b) Administration of evaluations under title I of the Elementary

and Secondary Education Act of 1965

The Evaluation and Regional Assistance Commissioner, consistent

with the mission of the National Center for Education Evaluation

and Regional Assistance under section 9561(b) of this title, shall

administer all operations and contracts associated with evaluations

authorized by part E of title I of the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 6491 et seq.) and administered by

the Department as of November 5, 2002.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 173, Nov. 5, 2002, 116 Stat. 1964.)

-REFTEXT-

REFERENCES IN TEXT

The Elementary and Secondary Education Act of 1965, referred to

in subsecs. (a)(1)(B) and (b), is Pub. L. 89-10, Apr. 11, 1965, 79

Stat. 27, as amended. Title I of the Act is classified generally

to subchapter I (Sec. 6301 et seq.) of chapter 70 of this title.

Part E of title I of the Act is classified generally to part E

(Sec. 6491 et seq.) of subchapter I of chapter 70 of this title.

For complete classification of this Act to the Code, see Short

Title note set out under section 6301 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9562, 9564 of this title.

-CITE-

20 USC Sec. 9564 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part D - National Center for Education Evaluation and Regional

Assistance

-HEAD-

Sec. 9564. Regional educational laboratories for research,

development, dissemination, and technical assistance

-STATUTE-

(a) Regional educational laboratories

The Director shall enter into contracts with entities to

establish a networked system of 10 regional educational

laboratories that serve the needs of each region of the United

States in accordance with the provisions of this section. The

amount of assistance allocated to each laboratory by the Evaluation

and Regional Assistance Commissioner shall reflect the number of

local educational agencies and the number of school-age children

within the region served by such laboratory, as well as the cost of

providing services within the geographic area encompassed by the

region.

(b) Regions

The regions served by the regional educational laboratories shall

be the 10 geographic regions served by the regional educational

laboratories established under section 941(h) of the Educational

Research, Development, Dissemination, and Improvement Act of 1994

(as such provision existed on the day before November 5, 2002).

(c) Eligible applicants

The Director may enter into contracts under this section with

research organizations, institutions, agencies, institutions of

higher education, or partnerships among such entities, or

individuals, with the demonstrated ability or capacity to carry out

the activities described in this section, including regional

entities that carried out activities under the Educational

Research, Development, Dissemination, and Improvement Act of 1994

(as such Act existed on the day before November 5, 2002) and title

XIII of the Elementary and Secondary Education Act of 1965 (as such

title existed on the day before January 8, 2002).

(d) Applications

(1) Submission

Each applicant desiring a contract under this section shall

submit an application at such time, in such manner, and

containing such information as the Director may reasonably

require.

(2) Plan

Each application submitted under paragraph (1) shall contain a

5-year plan for carrying out the activities described in this

section in a manner that addresses the priorities established

under section 9606 of this title and addresses the needs of all

States (and to the extent practicable, of local educational

agencies) within the region to be served by the regional

educational laboratory, on an ongoing basis.

(e) Entering into contracts

(1) In general

In entering into contracts under this section, the Director

shall -

(A) enter into contracts for a 5-year period; and

(B) ensure that regional educational laboratories established

under this section have strong and effective governance,

organization, management, and administration, and employ

qualified staff.

(2) Coordination

In order to ensure coordination and prevent unnecessary

duplication of activities among the regions, the Evaluation and

Regional Assistance Commissioner shall -

(A) share information about the activities of each regional

educational laboratory awarded a contract under this section

with each other regional educational laboratory awarded a

contract under this section and with the Department of

Education, including the Director and the Board;

(B) oversee a strategic plan for ensuring that each regional

educational laboratory awarded a contract under this section

increases collaboration and resource-sharing in such

activities;

(C) ensure, where appropriate, that the activities of each

regional educational laboratory awarded a contract under this

section also serve national interests; and

(D) ensure that each regional educational laboratory awarded

a contract under this section coordinates such laboratory's

activities with the activities of each other regional technical

assistance provider.

(3) Outreach

In conducting competitions for contracts under this section,

the Director shall -

(A) actively encourage eligible entities to compete for such

awards by making information and technical assistance relating

to the competition widely available; and

(B) seek input from the chief executive officers of States,

chief State school officers, educators, and parents regarding

the need for applied research, wide dissemination, training,

technical assistance, and development activities authorized by

this subchapter in the regions to be served by the regional

educational laboratories and how those educational needs could

be addressed most effectively.

(4) Objectives and indicators

Before entering into a contract under this section, the

Director shall design specific objectives and measurable

indicators to be used to assess the particular programs or

initiatives, and ongoing progress and performance, of the

regional educational laboratories, in order to ensure that the

educational needs of the region are being met and that the latest

and best research and proven practices are being carried out as

part of school improvement efforts.

(5) Standards

The Evaluation and Regional Assistance Commissioner shall

establish a system for technical and peer review to ensure that

applied research activities, research-based reports, and products

of the regional educational laboratories are consistent with the

research standards described in section 9534 of this title and

the evaluation standards adhered to pursuant to section

9563(a)(2)(A) of this title.

(f) Central mission and primary function

Each regional educational laboratory awarded a contract under

this section shall support applied research, development, wide

dissemination, and technical assistance activities by -

(1) providing training (which may include supporting

internships and fellowships and providing stipends) and technical

assistance to State educational agencies, local educational

agencies, school boards, schools funded by the Bureau as

appropriate, and State boards of education regarding, at a

minimum -

(A) the administration and implementation of programs under

the Elementary and Secondary Education Act of 1965 (20 U.S.C.

6301 et seq.);

(B) scientifically valid research in education on teaching

methods, assessment tools, and high quality, challenging

curriculum frameworks for use by teachers and administrators

in, at a minimum -

(i) the core academic subjects of mathematics, science, and

reading;

(ii) English language acquisition;

(iii) education technology; and

(iv) the replication and adaption of exemplary and

promising practices and new educational methods, including

professional development strategies and the use of

educational technology to improve teaching and learning; and

(C) the facilitation of communication between educational

experts, school officials, and teachers, parents, and

librarians, to enable such individuals to assist schools to

develop a plan to meet the State education goals;

(2) developing and widely disseminating, including through

Internet-based means, scientifically valid research, information,

reports, and publications that are usable for improving academic

achievement, closing achievement gaps, and encouraging and

sustaining school improvement, to -

(A) schools, districts, institutions of higher education,

educators (including early childhood educators and librarians),

parents, policymakers, and other constituencies, as

appropriate, within the region in which the regional

educational laboratory is located; and

(B) the National Center for Education Evaluation and Regional

Assistance;

(3) developing a plan for identifying and serving the needs of

the region by conducting a continuing survey of the educational

needs, strengths, and weaknesses within the region, including a

process of open hearings to solicit the views of schools,

teachers, administrators, parents, local educational agencies,

librarians, and State educational agencies within the region;

(4) in the event such quality applied research does not exist

as determined by the regional educational laboratory or the

Department, carrying out applied research projects that are

designed to serve the particular educational needs (in

prekindergarten through grade 16) of the region in which the

regional educational laboratory is located, that reflect findings

from scientifically valid research, and that result in

user-friendly, replicable school-based classroom applications

geared toward promoting increased student achievement, including

using applied research to assist in solving site-specific

problems and assisting in development activities (including

high-quality and on-going professional development and effective

parental involvement strategies);

(5) supporting and serving the educational development

activities and needs of the region by providing educational

applied research in usable forms to promote school-improvement,

academic achievement, and the closing of achievement gaps and

contributing to the current base of education knowledge by

addressing enduring problems in elementary and secondary

education and access to postsecondary education;

(6) collaborating and coordinating services with other

technical assistance providers funded by the Department of

Education;

(7) assisting in gathering information on school finance

systems to promote improved access to educational opportunities

and to better serve all public school students;

(8) assisting in gathering information on alternative

administrative structures that are more conducive to planning,

implementing, and sustaining school reform and improved academic

achievement;

(9) bringing teams of experts together to develop and implement

school improvement plans and strategies, especially in

low-performing or high poverty schools; and

(10) developing innovative approaches to the application of

technology in education that are unlikely to originate from

within the private sector, but which could result in the

development of new forms of education software, education

content, and technology-enabled pedagogy.

(g) Activities

Each regional educational laboratory awarded a contract under

this section shall carry out the following activities:

(1) Collaborate with the National Education Centers in order to

-

(A) maximize the use of research conducted through the

National Education Centers in the work of such laboratory;

(B) keep the National Education Centers apprised of the work

of the regional educational laboratory in the field; and

(C) inform the National Education Centers about additional

research needs identified in the field.

(2) Consult with the State educational agencies and local

educational agencies in the region in developing the plan for

serving the region.

(3) Develop strategies to utilize schools as critical

components in reforming education and revitalizing rural

communities in the United States.

(4) Report and disseminate information on overcoming the

obstacles faced by educators and schools in high poverty, urban,

and rural areas.

(5) Identify successful educational programs that have either

been developed by such laboratory in carrying out such

laboratory's functions or that have been developed or used by

others within the region served by the laboratory and make such

information available to the Secretary and the network of

regional educational laboratories so that such programs may be

considered for inclusion in the national education dissemination

system.

(h) Governing board and allocation

(1) In general

In carrying out its responsibilities, each regional educational

laboratory awarded a contract under this section, in keeping with

the terms and conditions of such laboratory's contract, shall -

(A) establish a governing board that -

(i) reflects a balanced representation of -

(I) the States in the region;

(II) the interests and concerns of regional

constituencies; and

(III) technical expertise;

(ii) includes the chief State school officer or such

officer's designee of each State represented in such board's

region;

(iii) includes -

(I) representatives nominated by chief executive officers

of States and State organizations of superintendents,

principals, institutions of higher education, teachers,

parents, businesses, and researchers; or

(II) other representatives of the organizations described

in subclause (I), as required by State law in effect on the

day before November 5, 2002;

(iv) is the sole entity that -

(I) guides and directs the laboratory in carrying out the

provisions of this subsection and satisfying the terms and

conditions of the contract award;

(II) determines the regional agenda of the laboratory;

(III) engages in an ongoing dialogue with the Evaluation

and Regional Assistance Commissioner concerning the

laboratory's goals, activities, and priorities; and

(IV) determines at the start of the contract period,

subject to the requirements of this section and in

consultation with the Evaluation and Regional Assistance

Commissioner, the mission of the regional educational

laboratory for the duration of the contract period;

(v) ensures that the regional educational laboratory

attains and maintains a high level of quality in the

laboratory's work and products;

(vi) establishes standards to ensure that the regional

educational laboratory has strong and effective governance,

organization, management, and administration, and employs

qualified staff;

(vii) directs the regional educational laboratory to carry

out the laboratory's duties in a manner that will make

progress toward achieving the State education goals and

reforming schools and educational systems; and

(viii) conducts a continuing survey of the educational

needs, strengths, and weaknesses within the region, including

a process of open hearings to solicit the views of schools

and teachers; and

(B) allocate the regional educational laboratory's resources

to and within each State in a manner which reflects the need

for assistance, taking into account such factors as the

proportion of economically disadvantaged students, the

increased cost burden of service delivery in areas of sparse

populations, and any special initiatives being undertaken by

State, intermediate, local educational agencies, or

Bureau-funded schools, as appropriate, which may require

special assistance from the laboratory.

(2) Special rule

If a regional educational laboratory needs flexibility in order

to meet the requirements of paragraph (1)(A)(i), the regional

educational laboratory may select not more than 10 percent of the

governing board from individuals outside those representatives

nominated in accordance with paragraph (1)(A)(iii).

(i) Duties of governing board

In order to improve the efficiency and effectiveness of the

regional educational laboratories, the governing boards of the

regional educational laboratories shall establish and maintain a

network to -

(1) share information about the activities each laboratory is

carrying out;

(2) plan joint activities that would meet the needs of multiple

regions;

(3) create a strategic plan for the development of activities

undertaken by the laboratories to reduce redundancy and increase

collaboration and resource-sharing in such activities; and

(4) otherwise devise means by which the work of the individual

laboratories could serve national, as well as regional, needs.

(j) Evaluations

The Evaluation and Regional Assistance Commissioner shall provide

for independent evaluations of each of the regional educational

laboratories in carrying out the duties described in this section

in the third year that such laboratory receives assistance under

this section in accordance with the standards developed by the

Evaluation and Regional Assistance Commissioner and approved by the

Board and shall transmit the results of such evaluations to the

relevant committees of Congress, the Board, and the appropriate

regional educational laboratory governing board.

(k) Rule of construction

No regional educational laboratory receiving assistance under

this section shall, by reason of the receipt of that assistance, be

ineligible to receive any other assistance from the Department of

Education as authorized by law or be prohibited from engaging in

activities involving international projects or endeavors.

(l) Advance payment system

Each regional educational laboratory awarded a contract under

this section shall participate in the advance payment system at the

Department of Education.

(m) Additional projects

In addition to activities authorized under this section, the

Director is authorized to enter into contracts or agreements with a

regional educational laboratory for the purpose of carrying out

additional projects to enable such regional educational laboratory

to assist in efforts to achieve State education goals and for other

purposes.

(n) Annual report and plan

Not later than July 1 of each year, each regional educational

laboratory awarded a contract under this section shall submit to

the Evaluation and Regional Assistance Commissioner -

(1) a plan covering the succeeding fiscal year, in which such

laboratory's mission, activities, and scope of work are

described, including a general description of the plans such

laboratory expects to submit in the remaining years of such

laboratory's contract; and

(2) a report of how well such laboratory is meeting the needs

of the region, including a summary of activities during the

preceding year, a list of entities served, a list of products,

and any other information that the regional educational

laboratory may consider relevant or the Evaluation and Regional

Assistance Commissioner may require.

(o) Construction

Nothing in this section shall be construed to require any

modifications in a regional educational laboratory contract in

effect on the day before November 5, 2002.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 174, Nov. 5, 2002, 116 Stat. 1965.)

-REFTEXT-

REFERENCES IN TEXT

The Educational Research, Development, Dissemination, and

Improvement Act of 1994 (as such Act existed on the day before

November 5, 2002), referred to in subsecs. (b) and (c), is title IX

of Pub. L. 103-227, Mar. 31, 1994, 108 Stat. 212, as amended, which

was classified principally to subchapter IX (Sec. 6001 et seq.) of

chapter 68 of this title and was substantially repealed by Pub. L.

107-279, title IV, Sec. 403(2), Nov. 5, 2002, 116 Stat. 1985.

Section 941 of the Act was classified to section 6041 of this title

prior to repeal. For complete classification of this Act to the

Code, see section 6001 of this title and Tables.

Title XIII of the Elementary and Secondary Education Act of 1965

(as such title existed on the day before January 8, 2002), referred

to in subsec. (c), means title XIII of Pub. L. 89-10, as added by

Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3876,

which was classified generally to subchapter XIII (Sec. 8601 et

seq.) of chapter 70 of this title, prior to amendment by Pub. L.

107-110. Parts A to D of title XIII of Pub. L. 89-10, were

classified to parts A (Sec. 8621 et seq.), B (Sec. 8651 et seq.), C

(Sec. 8671 et seq.), and D (Sec. 8701 et seq.), respectively, of

subchapter XIII of chapter 70 of this title, and were redesignated

as parts K to N of title IX of Pub. L. 103-227, by Pub. L. 107-110,

title X, Sec. 1021(a), 1022(a), 1023(a), 1024(a), Jan. 8, 2002, 115

Stat. 1987, transferred to parts G (Sec. 6053 et seq.), H (Sec.

6054 et seq.), I (Sec. 6055 et seq.), and J (Sec. 6056 et seq.),

respectively, of subchapter IX of chapter 68 of this title, and

subsequently repealed by Pub. L. 107-279, title IV, Sec. 403(2),

Nov. 5, 2002, 116 Stat. 1985.

The Elementary and Secondary Education Act of 1965, referred to

in subsec. (f)(1)(A), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27,

as amended, which is classified generally to chapter 70 (Sec. 6301

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 6301 of this

title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9584, 9605, 9606 of this

title.

-CITE-

20 USC Part E - General Provisions 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part E - General Provisions

.

-HEAD-

Part E - General Provisions

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 6317 of this title.

-CITE-

20 USC Sec. 9571 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part E - General Provisions

-HEAD-

Sec. 9571. Interagency data sources and formats

-STATUTE-

The Secretary, in consultation with the Director, shall ensure

that the Department and the Institute use common sources of data in

standardized formats.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 181, Nov. 5, 2002, 116 Stat. 1971.)

-CITE-

20 USC Sec. 9572 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part E - General Provisions

-HEAD-

Sec. 9572. Prohibitions

-STATUTE-

(a) National database

Nothing in this subchapter may be construed to authorize the

establishment of a nationwide database of individually identifiable

information on individuals involved in studies or other collections

of data under this subchapter.

(b) Federal Government and use of Federal funds

Nothing in this subchapter may be construed to authorize an

officer or employee of the Federal Government to mandate, direct,

or control the curriculum, program of instruction, or allocation of

State or local resources of a State, local educational agency, or

school, or to mandate a State, or any subdivision thereof, to spend

any funds or incur any costs not provided for under this

subchapter.

(c) Endorsement of curriculum

Notwithstanding any other provision of Federal law, no funds

provided under this subchapter to the Institute, including any

office, board, committee, or center of the Institute, may be used

by the Institute to endorse, approve, or sanction any curriculum

designed to be used in an elementary school or secondary school.

(d) Federally sponsored testing

(1) In general

Subject to paragraph (2), no funds provided under this

subchapter to the Secretary or to the recipient of any award may

be used to develop, pilot test, field test, implement,

administer, or distribute any federally sponsored national test

in reading, mathematics, or any other subject, unless

specifically and explicitly authorized by law.

(2) Exceptions

Subsection (a) of this section shall not apply to international

comparative assessments developed under the authority of section

9543(a)(6) of this title or section 9003(a)(6) of this title (as

such section was in effect on the day before November 5, 2002)

and administered to only a representative sample of pupils in the

United States and in foreign nations.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 182, Nov. 5, 2002, 116 Stat. 1971.)

-REFTEXT-

REFERENCES IN TEXT

Section 9003 of this title, referred to in subsec. (d)(2), was

repealed by Pub. L. 107-279, title IV, Sec. 403(1), Nov. 5, 2002,

116 Stat. 1985.

-CITE-

20 USC Sec. 9573 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part E - General Provisions

-HEAD-

Sec. 9573. Confidentiality

-STATUTE-

(a) In general

All collection, maintenance, use, and wide dissemination of data

by the Institute, including each office, board, committee, and

center of the Institute, shall conform with the requirements of

section 552a of title 5, the confidentiality standards of

subsection (c) of this section, and sections 1232g and 1232h of

this title.

(b) Student information

The Director shall ensure that all individually identifiable

information about students, their academic achievements, their

families, and information with respect to individual schools, shall

remain confidential in accordance with section 552a of title 5, the

confidentiality standards of subsection (c) of this section, and

sections 1232g and 1232h of this title.

(c) Confidentiality standards

(1) In general

(A) The Director shall develop and enforce standards designed

to protect the confidentiality of persons in the collection,

reporting, and publication of data under this subchapter.

(B) This section shall not be construed to protect the

confidentiality of information about institutions, organizations,

and agencies that receive grants from, or have contracts or

cooperative agreements with, the Federal Government.

(2) Prohibition

No person may -

(A) use any individually identifiable information furnished

under this subchapter for any purpose other than a research,

statistics, or evaluation purpose under this subchapter;

(B) make any publication whereby the data furnished by any

particular person under this subchapter can be identified; or

(C) permit anyone other than the individuals authorized by

the Director to examine the individual reports.

(d) Administration

(1) In general

(A) Disclosure

No Federal department, bureau, agency, officer, or employee

and no recipient of a Federal grant, contract, or cooperative

agreement may, for any reason, require the Director, any

Commissioner of a National Education Center, or any other

employee of the Institute to disclose individually identifiable

information that has been collected or retained under this

subchapter.

(B) Immunity

Individually identifiable information collected or retained

under this subchapter shall be immune from legal process and

shall not, without the consent of the individual concerned, be

admitted as evidence or used for any purpose in any action,

suit, or other judicial or administrative proceeding.

(C) Application

This paragraph does not apply to requests for individually

identifiable information submitted by or on behalf of the

individual identified in the information.

(2) Employee or staff violations

Whoever, being or having been an employee or staff member of

the Department, having taken or subscribed the oath of office, or

having sworn to observe the limitations imposed by subsection

(c)(2) of this section, knowingly publishes or communicates any

individually identifiable information (as defined in paragraph

(5)(A)), the disclosure of which is prohibited by subsection

(c)(2) of this section, and that comes into such employee or

staff's possession by reason of employment (or otherwise

providing services) under this subchapter, shall be found guilty

of a class E felony and imprisoned for not more than five years,

or fined as specified in section 3571 of title 18, or both.

(3) Temporary staff

The Director may utilize temporary staff, including employees

of Federal, State, or local agencies or instrumentalities

(including local educational agencies), and employees of private

organizations to assist the Director in performing the Director's

responsibilities, but only if such temporary staff are sworn to

observe the limitations imposed by this section.

(4) Information requirements

No collection of information or data acquisition activity

undertaken by the Director shall be subject to any review,

coordination, or approval procedure except as required by the

Director of the Office of Management and Budget under the rules

and regulations established pursuant to chapter 35 of title 44,

except such collection of information or data acquisition

activity may be subject to review or coordination if the Director

determines that such review or coordination is beneficial.

(5) Definitions

For the purposes of this section -

(A) the term ''individually identifiable information'' means

any record, response form, completed survey, or aggregation

thereof from which information about particular individuals may

be revealed; and

(B) the term ''report'' means a response provided by or about

an individual to an inquiry from the Director and does not

include a statistical aggregation from which individually

identifiable information cannot be revealed.

(6) Violations

Any person who uses any data provided by the Director, in

conjunction with any other information or technique, to identify

any individual student, teacher, administrator, or other

individual and who knowingly discloses, publishes, or uses such

data for a purpose other than a statistical purpose, or who

otherwise violates subparagraph (A) or (B) of subsection (c)(2)

of this section, shall be found guilty of a class E felony and

imprisoned for not more than five years, or fined as specified in

section 3571 of title 18, or both.

(7) Access to reports or records

Nothing in this section shall restrict the right of the

Secretary, the Comptroller General of the United States, the

Director of the Congressional Budget Office, and the Librarian of

Congress, to gain access to any reports or other records,

including information identifying individuals, in the Director's

possession, except that the same restrictions on disclosure that

apply under paragraphs (1) and (6) shall apply to such

individuals.

(e) Investigation and prosecution of terrorism

(1) In general

Notwithstanding subsections (a) and (b) of this section, the

Attorney General (or any Federal officer or employee, in a

position not lower than an Assistant Attorney General, designated

by the Attorney General) may submit a written application to a

court of competent jurisdiction for an ex parte order requiring

the Secretary to permit the Attorney General (or his designee) to

-

(A) collect reports, records, and information (including

individually identifiable information) in the possession of the

Director that are relevant to an authorized investigation or

prosecution of an offense listed in section 2332b(g)(5)(B) of

title 18 or an act of domestic or international terrorism as

defined in section 2331 of that title; and

(B) for official purposes related to the investigation or

prosecution of an offense described in paragraph (1)(A),

retain, disseminate, and use (including as evidence at trial or

in other administrative or judicial proceedings) such

information, consistent with such guidelines as the Attorney

General, after consultation with the Secretary, shall issue to

protect confidentiality.

(2) Application and approval

(A) In general. - An application under paragraph (1) shall

certify that there are specific and articulable facts giving

reason to believe that the information sought is described in

paragraph (1)(A).

(B) The court shall issue an order described in paragraph (1)

if the court finds that the application for the order includes

the certification described in subparagraph (A).

(3) Protection

An officer or employee of the Department who, in good faith,

produces information in accordance with an order issued under

this subsection does not violate subsection (b)(2) (FOOTNOTE 1)

of this section and shall not be liable to any person for that

production.

(FOOTNOTE 1) So in original. Probably means subsection (d)(2).

-SOURCE-

(Pub. L. 107-279, title I, Sec. 183, title IV, Sec. 401(a)(6), Nov.

5, 2002, 116 Stat. 1972, 1983.)

-COD-

CODIFICATION

Subsecs. (a) to (c) of section 9007 of this title, which were

transferred to this section and redesignated subsecs. (c) to (e) by

Pub. L. 107-279, Sec. 401(a)(6), were based on Pub. L. 103-382,

title IV, Sec. 408(a) to (c), Oct. 20, 1994, 108 Stat. 4034; Pub.

L. 107-56, title V, Sec. 508, Oct. 26, 2001, 115 Stat. 368; Pub. L.

107-279, title IV, Sec. 401(a)(1)-(5), Nov. 5, 2002, 116 Stat.

1983.

-MISC3-

AMENDMENTS

2002 - Subsecs. (c) to (e). Pub. L. 107-279, Sec. 401(a)(6),

transferred subsecs. (a) to (c) of section 9007 of this title to

this section and redesignated them as subsecs. (c) to (e),

respectively. See Codification note above.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9514, 9543, 9546, 9574,

9607 of this title.

-CITE-

20 USC Sec. 9574 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part E - General Provisions

-HEAD-

Sec. 9574. Availability of data

-STATUTE-

Subject to section 9573 of this title, data collected by the

Institute, including any office, board, committee, or center of the

Institute, in carrying out the priorities and mission of the

Institute, shall be made available to the public, including through

use of the Internet.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 184, Nov. 5, 2002, 116 Stat. 1972.)

-CITE-

20 USC Sec. 9575 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part E - General Provisions

-HEAD-

Sec. 9575. Performance management

-STATUTE-

The Director shall ensure that all activities conducted or

supported by the Institute or a National Education Center make

customer service a priority. The Director shall ensure a high

level of customer satisfaction through the following methods:

(1) Establishing and improving feedback mechanisms in order to

anticipate customer needs.

(2) Disseminating information in a timely fashion and in

formats that are easily accessible and usable by researchers,

practitioners, and the general public.

(3) Utilizing the most modern technology and other methods

available, including arrangements to use data collected

electronically by States and local educational agencies, to

ensure the efficient collection and timely distribution of

information, including data and reports.

(4) Establishing and measuring performance against a set of

indicators for the quality of data collected, analyzed, and

reported.

(5) Continuously improving management strategies and practices.

(6) Making information available to the public in an

expeditious fashion.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 185, Nov. 5, 2002, 116 Stat. 1972.)

-CITE-

20 USC Sec. 9576 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part E - General Provisions

-HEAD-

Sec. 9576. Authority to publish

-STATUTE-

(a) Publication

The Director may prepare and publish (including through oral

presentation) such research, statistics (consistent with part C of

this subchapter), and evaluation information and reports from any

office, board, committee, and center of the Institute, as needed to

carry out the priorities and mission of the Institute without the

approval of the Secretary or any other office of the Department.

(b) Advance copies

The Director shall provide the Secretary and other relevant

offices with an advance copy of any information to be published

under this section before publication.

(c) Peer review

All research, statistics, and evaluation reports conducted by, or

supported through, the Institute shall be subjected to rigorous

peer review before being published or otherwise made available to

the public.

(d) Items not covered

Nothing in subsections (FOOTNOTE 1) (a), (b), or (c) of this

section shall be construed to apply to -

(FOOTNOTE 1) So in original. Probably should be ''subsection''.

(1) information on current or proposed budgets, appropriations,

or legislation;

(2) information prohibited from disclosure by law or the

Constitution, classified national security information, or

information described in section 552(b) of title 5; and

(3) review by officers of the United States in order to prevent

the unauthorized disclosure of information described in paragraph

(1) or (2).

-SOURCE-

(Pub. L. 107-279, title I, Sec. 186, Nov. 5, 2002, 116 Stat. 1973.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9545 of this title.

-CITE-

20 USC Sec. 9577 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part E - General Provisions

-HEAD-

Sec. 9577. Vacancies

-STATUTE-

Any member appointed to fill a vacancy on the Board occurring

before the expiration of the term for which the member's

predecessor was appointed shall be appointed only for the remainder

of that term. A vacancy in an office, board, committee, or center

of the Institute shall be filled in the manner in which the

original appointment was made. This section does not apply to

employees appointed under section 9578 of this title.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 187, Nov. 5, 2002, 116 Stat. 1973.)

-CITE-

20 USC Sec. 9578 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part E - General Provisions

-HEAD-

Sec. 9578. Scientific or technical employees

-STATUTE-

(a) In general

The Director may appoint, for terms not to exceed 6 years

(without regard to the provisions of title 5 governing appointment

in the competitive service) and may compensate (without regard to

the provisions of chapter 51 and subchapter III of chapter 53 of

such title relating to classification and General Schedule pay

rates) such scientific or technical employees to carry out the

functions of the Institute or the office, board, committee, or

center, respectively, if -

(1) at least 30 days prior to the appointment of any such

employee, public notice is given of the availability of such

position and an opportunity is provided for qualified individuals

to apply and compete for such position;

(2) the rate of basic pay for such employees does not exceed

the maximum rate of basic pay payable for positions at GS-15, as

determined in accordance with section 5376 of title 5, except

that not more than 7 individuals appointed under this section may

be paid at a rate that does not exceed the rate of basic pay for

level III of the Executive Schedule;

(3) the appointment of such employee is necessary (as

determined by the Director on the basis of clear and convincing

evidence) to provide the Institute or the office, board,

committee, or center with scientific or technical expertise which

could not otherwise be obtained by the Institute or the office,

board, committee, or center through the competitive service; and

(4) the total number of such employees does not exceed 40

individuals or 1/5 of the number of full-time, regular scientific

or professional employees of the Institute, whichever is greater.

(b) Duties of employees

All employees described in subsection (a) of this section shall

work on activities of the Institute or the office, board,

committee, or center, and shall not be reassigned to other duties

outside the Institute or the office, board, committee, or center

during their term.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 188, Nov. 5, 2002, 116 Stat. 1973.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (a), are classified

generally to section 3301 et seq. of Title 5, Government

Organization and Employees.

GS-15, referred to in subsec. (a)(2), is contained in the General

Schedule, which is set out under section 5332 of Title 5,

Government Organization and Employees.

Level III of the Executive Schedule, referred to in subsec.

(a)(2), is set out in section 5314 of Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9577 of this title.

-CITE-

20 USC Sec. 9579 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part E - General Provisions

-HEAD-

Sec. 9579. Fellowships

-STATUTE-

In order to strengthen the national capacity to carry out

high-quality research, evaluation, and statistics related to

education, the Director shall establish and maintain research,

evaluation, and statistics fellowships in institutions of higher

education (which may include the establishment of such fellowships

in historically Black colleges and universities and other

institutions of higher education with large numbers of minority

students) that support graduate and postdoctoral study onsite at

the Institute or at the institution of higher education. In

establishing the fellowships, the Director shall ensure that women

and minorities are actively recruited for participation.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 189, Nov. 5, 2002, 116 Stat. 1974.)

-CITE-

20 USC Sec. 9580 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part E - General Provisions

-HEAD-

Sec. 9580. Voluntary service

-STATUTE-

The Director may accept voluntary and uncompensated services to

carry out and support activities that are consistent with the

priorities and mission of the Institute.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 190, Nov. 5, 2002, 116 Stat. 1974.)

-CITE-

20 USC Sec. 9581 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part E - General Provisions

-HEAD-

Sec. 9581. Rulemaking

-STATUTE-

Notwithstanding section 1232(d) of this title, the exemption for

public property, loans, grants, and benefits in section 553(a)(2)

of title 5 shall apply to the Institute.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 191, Nov. 5, 2002, 116 Stat. 1974.)

-CITE-

20 USC Sec. 9582 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part E - General Provisions

-HEAD-

Sec. 9582. Copyright

-STATUTE-

Nothing in this Act shall be construed to affect the rights,

remedies, limitations, or defense under title 17.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 192, Nov. 5, 2002, 116 Stat. 1974.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means Pub. L. 107-279, Nov. 5,

2002, 116 Stat. 1940, which enacted this chapter and section 3419

of this title, amended sections 1232j, 3412, 3461, 6194, 6311,

6312, 6317, 6491, 6932, 7013, 7253c, 7283b, 7283d, 7451, 7703,

7909, 9007, 9010, 9011, 9573, 9623, and 9624 of this title and

section 5315 of Title 5, Government Organization and Employees,

transferred sections 9010 and 9011 of this title to sections 9621

and 9622 of this title, respectively, repealed sections 3419, 6011,

6021, 6031, 6041, 6051, 6053 to 6053e, 6054 to 6054b, 6055 to

6055h, 6056, 6056a, 9001 to 9009, and 9012 of this title, enacted

provisions set out as notes under section 7703 and 9501 of this

title, and repealed provisions set out as notes under sections

1221e and 9001 of this title. For complete classification of this

Act to the Code, see Tables.

-CITE-

20 USC Sec. 9583 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part E - General Provisions

-HEAD-

Sec. 9583. Removal

-STATUTE-

(a) Presidential

The Director, each member of the Board, and the Commissioner for

Education Statistics may be removed by the President prior to the

expiration of the term of each such appointee.

(b) Director

Each Commissioner appointed by the Director pursuant to section

9517 of this title may be removed by the Director prior to the

expiration of the term of each such Commissioner.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 193, Nov. 5, 2002, 116 Stat. 1974.)

-CITE-

20 USC Sec. 9584 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER I - EDUCATION SCIENCES REFORM

Part E - General Provisions

-HEAD-

Sec. 9584. Authorization of appropriations

-STATUTE-

(a) In general

There are authorized to be appropriated to administer and carry

out this subchapter (except section 9564 of this title)

$400,000,000 for fiscal year 2003 and such sums as may be necessary

for each of the 5 succeeding fiscal years, of which -

(1) not less than the amount provided to the National Center

for Education Statistics (as such Center was in existence on the

day before November 5, 2002) for fiscal year 2002 shall be

provided to the National Center for Education Statistics, as

authorized under part C of this subchapter; and

(2) not more than the lesser of 2 percent of such funds or

$1,000,000 shall be made available to carry out section 9516 of

this title (relating to the National Board for Education

Sciences).

(b) Regional educational laboratories

There are authorized to be appropriated to carry out section 9564

of this title $100,000,000 for fiscal year 2003 and such sums as

may be necessary for each of the 5 succeeding fiscal years. Of the

amounts appropriated under the preceding sentence for a fiscal

year, the Director shall obligate not less than 25 percent to carry

out such purpose with respect to rural areas (including schools

funded by the Bureau which are located in rural areas).

(c) Availability

Amounts made available under this section shall remain available

until expended.

-SOURCE-

(Pub. L. 107-279, title I, Sec. 194, Nov. 5, 2002, 116 Stat. 1975.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9512 of this title.

-CITE-

20 USC SUBCHAPTER II - EDUCATIONAL TECHNICAL ASSISTANCE 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER II - EDUCATIONAL TECHNICAL ASSISTANCE

.

-HEAD-

SUBCHAPTER II - EDUCATIONAL TECHNICAL ASSISTANCE

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 6317, 9562 of this

title.

-CITE-

20 USC Sec. 9601 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER II - EDUCATIONAL TECHNICAL ASSISTANCE

-HEAD-

Sec. 9601. Definitions

-STATUTE-

In this subchapter:

(1) In general

The terms ''local educational agency'' and ''State educational

agency'' have the meanings given those terms in section 7801 of

this title.

(2) Secretary

The term ''Secretary'' means the Secretary of Education.

-SOURCE-

(Pub. L. 107-279, title II, Sec. 202, Nov. 5, 2002, 116 Stat.

1975.)

-MISC1-

SHORT TITLE

This subchapter known as the ''Educational Technical Assistance

Act of 2002'', see Short Title note set out under section 9501 of

this title.

-CITE-

20 USC Sec. 9602 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER II - EDUCATIONAL TECHNICAL ASSISTANCE

-HEAD-

Sec. 9602. Comprehensive centers

-STATUTE-

(a) Authorization

(1) In general

Subject to paragraph (2), beginning in fiscal year 2004, the

Secretary is authorized to award not less than 20 grants to local

entities, or consortia of such entities, with demonstrated

expertise in providing technical assistance and professional

development in reading, mathematics, science, and technology,

especially to low-performing schools and districts, to establish

comprehensive centers.

(2) Regions

In awarding grants under paragraph (1), the Secretary -

(A) shall ensure that not less than 1 comprehensive center is

established in each of the 10 geographic regions served by the

regional educational laboratories established under section

941(h) of the Educational Research, Development, Dissemination,

and Improvement Act of 1994 (as such provision existed on the

day before November 5, 2002); and

(B) after meeting the requirements of subparagraph (A), shall

consider, in awarding the remainder of the grants, the

school-age population, proportion of economically disadvantaged

students, the increased cost burdens of service delivery in

areas of sparse population, and the number of schools

identified for school improvement (as described in section

1116(b) of the Elementary and Secondary Education Act of 1965

(20 U.S.C. 6316(b)) (FOOTNOTE 1) in the population served by

the local entity or consortium of such entities.

(FOOTNOTE 1) So in original. Probably should be followed by a

third closing parenthesis.

(b) Eligible applicants

(1) In general

Grants under this section may be made with research

organizations, institutions, agencies, institutions of higher

education, or partnerships among such entities, or individuals,

with the demonstrated ability or capacity to carry out the

activities described in subsection (f) of this section, including

regional entities that carried out activities under the

Educational Research, Development, Dissemination, and Improvement

Act of 1994 (as such Act existed on the day before November 5,

2002) and title XIII of the Elementary and Secondary Education

Act of 1965 (as such title existed on the day before January 8,

2002).

(2) Outreach

In conducting competitions for grants under this section, the

Secretary shall actively encourage potential applicants to

compete for such awards by making widely available information

and technical assistance relating to the competition.

(3) Objectives and indicators

Before awarding a grant under this section, the Secretary shall

design specific objectives and measurable indicators, using the

results of the assessment conducted under section 9605 of this

title, to be used to assess the particular programs or

initiatives, and ongoing progress and performance, of the

regional entities, in order to ensure that the educational needs

of the region are being met and that the latest and best research

and proven practices are being carried out as part of school

improvement efforts.

(c) Application

(1) Submission

Each local entity, or consortium of such entities, seeking a

grant under this section shall submit an application at such

time, in such manner, and containing such additional information

as the Secretary may reasonably require.

(2) Plan

Each application submitted under paragraph (1) shall contain a

5-year plan for carrying out the activities described in this

section in a manner that addresses the priorities established

under section 9606 of this title and addresses the needs of all

States (and to the extent practicable, of local educational

agencies) within the region to be served by the comprehensive

center, on an ongoing basis.

(d) Allocation

Each comprehensive center established under this section shall

allocate such center's resources to and within each State in a

manner which reflects the need for assistance, taking into account

such factors as the proportion of economically disadvantaged

students, the increased cost burden of service delivery in areas of

sparse populations, and any special initiatives being undertaken by

State, intermediate, local educational agencies, or Bureau-funded

schools, as appropriate, which may require special assistance from

the center.

(e) Scope of work

Each comprehensive center established under this section shall

work with State educational agencies, local educational agencies,

regional educational agencies, and schools in the region where such

center is located on school improvement activities that take into

account factors such as the proportion of economically

disadvantaged students in the region, and give priority to -

(1) schools in the region with high percentages or numbers of

students from low-income families, as determined under section

1113(a)(5) of the Elementary and Secondary Education Act of 1965

(20 U.S.C. 6313(a)(5)), including such schools in rural and urban

areas, and schools receiving assistance under title I of that Act

(20 U.S.C. 6301 et seq.);

(2) local educational agencies in the region in which high

percentages or numbers of school-age children are from low-income

families, as determined under section 1124(c)(1)(A) of the

Elementary and Secondary Education Act of 1965 (20 U.S.C.

6333(c)(1)(A)), including such local educational agencies in

rural and urban areas; and

(3) schools in the region that have been identified for school

improvement under section 1116(b) of the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 6316(b)).

(f) Activities

(1) In general

A comprehensive center established under this section shall

support dissemination and technical assistance activities by -

(A) providing training, professional development, and

technical assistance regarding, at a minimum -

(i) the administration and implementation of programs under

the Elementary and Secondary Education Act of 1965 (20 U.S.C.

6301 et seq.);

(ii) the use of scientifically valid teaching methods and

assessment tools for use by teachers and administrators in,

at a minimum -

(I) the core academic subjects of mathematics, science,

and reading or language arts;

(II) English language acquisition; and

(III) education technology; and

(iii) the facilitation of communication between education

experts, school officials, teachers, parents, and librarians,

as appropriate; and

(B) disseminating and providing information, reports, and

publications that are usable for improving academic

achievement, closing achievement gaps, and encouraging and

sustaining school improvement (as described in section 1116(b)

of the Elementary and Secondary Education Act of 1965 (20

U.S.C. 6316(b))), to schools, educators, parents, and

policymakers within the region in which the center is located;

and

(C) developing teacher and school leader inservice and

preservice training models that illustrate best practices in

the use of technology in different content areas.

(2) Coordination and collaboration

Each comprehensive center established under this section shall

coordinate its activities, collaborate, and regularly exchange

information with the regional educational laboratory in the

region in which the center is located, the National Center for

Education Evaluation and Regional Assistance, the Office of the

Secretary, the State service agency, and other technical

assistance providers in the region.

(g) Comprehensive center advisory board

(1) Establishment

Each comprehensive center established under this section shall

have an advisory board that shall support the priorities of such

center.

(2) Duties

Each advisory board established under paragraph (1) shall

advise the comprehensive center -

(A) concerning the activities described in subsection (d) of

this section;

(B) on strategies for monitoring and addressing the

educational needs of the region, on an ongoing basis;

(C) on maintaining a high standard of quality in the

performance of the center's activities; and

(D) on carrying out the center's duties in a manner that

promotes progress toward improving student academic

achievement.

(3) Composition

(A) In general

Each advisory board shall be composed of -

(i) the chief State school officers, or such officers'

designees or other State officials, in each State served by

the comprehensive center who have primary responsibility

under State law for elementary and secondary education in the

State; and

(ii) not more than 15 other members who are representative

of the educational interests in the region served by the

comprehensive center and are selected jointly by the

officials specified in clause (i) and the chief executive

officer of each State served by the comprehensive center,

including the following:

(I) Representatives of local educational agencies and

regional educational agencies, including representatives of

local educational agencies serving urban and rural areas.

(II) Representatives of institutions of higher education.

(III) Parents.

(IV) Practicing educators, including classroom teachers,

principals, and administrators.

(V) Representatives of business.

(VI) Policymakers, expert practitioners, and researchers

with knowledge of, and experience using, the results of

research, evaluation, and statistics.

(B) Special rule

In the case of a State in which the chief executive officer

has the primary responsibility under State law for elementary

and secondary education in the State, the chief executive

officer shall consult, to the extent permitted by State law,

with the State educational agency in selecting additional

members of the board under subparagraph (A)(i).

(h) Report to Secretary

Each comprehensive center established under this section shall

submit to the Secretary an annual report, at such time, in such

manner, and containing such information as the Secretary may

require, which shall include the following:

(1) A summary of the comprehensive center's activities during

the preceding year.

(2) A listing of the States, local educational agencies, and

schools the comprehensive center assisted during the preceding

year.

-SOURCE-

(Pub. L. 107-279, title II, Sec. 203, Nov. 5, 2002, 116 Stat.

1975.)

-REFTEXT-

REFERENCES IN TEXT

The Educational Research, Development, Dissemination, and

Improvement Act of 1994 (as such Act existed on the day before

November 5, 2002), referred to in subsecs. (a)(2)(A) and (b)(1), is

title IX of Pub. L. 103-227, Mar. 31, 1994, 108 Stat. 212, as

amended, which was classified principally to subchapter IX (Sec.

6001 et seq.) of chapter 68 of this title and was substantially

repealed by Pub. L. 107-279, title IV, Sec. 403(2), Nov. 5, 2002,

116 Stat. 1985. Section 941(h) of the Act was classified to section

6041(h) of this title prior to repeal. For complete classification

of this Act to the Code, see section 6001 of this title and Tables.

Title XIII of the Elementary and Secondary Education Act of 1965

(as such title existed on the day before January 8, 2002), referred

to in subsec. (b)(1), means title XIII of Pub. L. 89-10, as added

by Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat.

3876, which was classified generally to subchapter XIII (Sec. 8601

et seq.) of chapter 70 of this title, prior to amendment by Pub. L.

107-110. Parts A to D of title XIII of Pub. L. 89-10, were

classified to parts A (Sec. 8621 et seq.), B (Sec. 8651 et seq.), C

(Sec. 8671 et seq.), and D (Sec. 8701 et seq.), respectively, of

subchapter XIII of chapter 70 of this title, and were redesignated

as parts K to N of title IX of Pub. L. 103-227, by Pub. L. 107-110,

title X, Sec. 1021(a), 1022(a), 1023(a), 1024(a), Jan. 8, 2002, 115

Stat. 1987, transferred to parts G (Sec. 6053 et seq.), H (Sec.

6054 et seq.), I (Sec. 6055 et seq.), and J (Sec. 6056 et seq.),

respectively, of subchapter IX of chapter 68 of this title, and

subsequently repealed by Pub. L. 107-279, title IV, Sec. 403(2),

Nov. 5, 2002, 116 Stat. 1985.

The Elementary and Secondary Education Act of 1965, referred to

in subsecs. (e)(1) and (f)(1)(A)(i), is Pub. L. 89-10, Apr. 11,

1965, 79 Stat. 27, as amended, which is classified generally to

chapter 70 (Sec. 6301 et seq.) of this title. Title I of the Act

is classified generally to subchapter I (Sec. 6301 et seq.) of

chapter 70 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 6301 of

this title and Tables.

-MISC2-

TERMINATION OF ADVISORY BOARDS

Advisory boards established after Jan. 5, 1973, to terminate not

later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a board

established by the President or an officer of the Federal

Government, such board is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a board

established by the Congress, its duration is otherwise provided for

by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972,

86 Stat. 770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9501, 9604, 9605, 9606 of

this title.

-CITE-

20 USC Sec. 9603 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER II - EDUCATIONAL TECHNICAL ASSISTANCE

-HEAD-

Sec. 9603. Evaluations

-STATUTE-

The Secretary shall provide for ongoing independent evaluations

by the National Center for Education Evaluation and Regional

Assistance of the comprehensive centers receiving assistance under

this subchapter, the results of which shall be transmitted to the

appropriate congressional committees and the Director of the

Institute of Education Sciences. Such evaluations shall include an

analysis of the services provided under this subchapter, the extent

to which each of the comprehensive centers meets the objectives of

its respective plan, and whether such services meet the educational

needs of State educational agencies, local educational agencies,

and schools in the region.

-SOURCE-

(Pub. L. 107-279, title II, Sec. 204, Nov. 5, 2002, 116 Stat.

1979.)

-CITE-

20 USC Sec. 9604 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER II - EDUCATIONAL TECHNICAL ASSISTANCE

-HEAD-

Sec. 9604. Existing technical assistance providers

-STATUTE-

The Secretary shall continue awards for the support of the

Eisenhower Regional Mathematics and Science Education Consortia

established under part M of the Educational Research, Development,

Dissemination, and Improvement Act of 1994 (as such part existed on

the day before November 5, 2002), the Regional Technology in

Education Consortia under section 3141 of the Elementary and

Secondary Education Act of 1965 (as such section existed on the day

before January 8, 2002), and the Comprehensive Regional Assistance

Centers established under part K of the Educational Research,

Development, Dissemination, and Improvement Act of 1994 (as such

part existed on the day before November 5, 2002), in accordance

with the terms of such awards, until the comprehensive centers

authorized under section 9602 of this title are established.

-SOURCE-

(Pub. L. 107-279, title II, Sec. 205, Nov. 5, 2002, 116 Stat.

1979.)

-REFTEXT-

REFERENCES IN TEXT

Parts K and M of the Educational Research, Development,

Dissemination, and Improvement Act of 1994 (as such parts existed

on the day before November 5, 2002), referred to in text, mean

parts K and M of title IX of Pub. L. 103-227, which were classified

to parts G (Sec. 6053 et seq.) and I (Sec. 6055 et seq.),

respectively, of subchapter IX of chapter 68 of this title, prior

to repeal by Pub. L. 107-279, title IV, Sec. 403(2), Nov. 5, 2002,

116 Stat. 1985.

Section 3141 of the Elementary and Secondary Education Act of

1965 (as such section existed on the day before January 8, 2002),

referred to in text, is section 3141 of title III of Pub. L. 89-10,

as added Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108

Stat. 3649, which was classified to section 6861 of this title

prior to the general amendment of title III of Pub. L. 89-10 by

Pub. L. 107-110, title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1689.

-CITE-

20 USC Sec. 9605 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER II - EDUCATIONAL TECHNICAL ASSISTANCE

-HEAD-

Sec. 9605. Regional advisory committees

-STATUTE-

(a) Establishment

Beginning in 2004, the Secretary shall establish a regional

advisory committee for each region described in section 9564(b) of

this title.

(b) Membership

(1) Composition

The membership of each regional advisory committee shall -

(A) not exceed 25 members;

(B) contain a balanced representation of States in the

region; and

(C) include not more than one representative of each State

educational agency geographically located in the region.

(2) Eligibility

The membership of each regional advisory committee may include

the following:

(A) Representatives of local educational agencies, including

rural and urban local educational agencies.

(B) Representatives of institutions of higher education,

including individuals representing university-based education

research and university-based research on subjects other than

education.

(C) Parents.

(D) Practicing educators, including classroom teachers,

principals, administrators, school board members, and other

local school officials.

(E) Representatives of business.

(F) Researchers.

(3) Recommendations

In choosing individuals for membership on a regional advisory

committee, the Secretary shall consult with, and solicit

recommendations from, the chief executive officers of States,

chief State school officers, and education stakeholders within

the applicable region.

(4) Special rule

(A) Total number

The total number of members on each committee who are

selected under subparagraphs (A), (C), and (D) of paragraph

(2), collectively, shall exceed the total number of members who

are selected under paragraph (1)(C) and subparagraphs (B), (E),

and (F) of paragraph (2), collectively.

(B) Dissolution

Each regional advisory committee shall be dissolved by the

Secretary after submission of such committee's report described

in subsection (c)(2) of this section to the Secretary, but each

such committee may be reconvened at the discretion of the

Secretary.

(c) Duties

Each regional advisory committee shall advise the Secretary on

the following:

(1) An educational needs assessment of its region (using the

results of the assessment conducted under subsection (d) of this

section), in order to assist in making decisions regarding the

regional educational priorities.

(2) Not later than 6 months after the committee is first

convened, a report based on the assessment conducted under

subsection (d) of this section.

(d) Regional assessments

Each regional advisory committee shall -

(1) assess the educational needs within the region to be

served;

(2) in conducting the assessment under paragraph (1), seek

input from chief executive officers of States, chief State school

officers, educators, and parents (including through a process of

open hearings to solicit the views and needs of schools

(including public charter schools), teachers, administrators,

members of the regional educational laboratory governing board,

parents, local educational agencies, librarians, businesses,

State educational agencies, and other customers (such as adult

education programs) within the region) regarding the need for the

activities described in section 9564 of this title and section

9602 of this title and how those needs would be most effectively

addressed; and

(3) submit the assessment to the Secretary and to the Director

of the Academy of Education Sciences, at such time, in such

manner, and containing such information as the Secretary may

require.

-SOURCE-

(Pub. L. 107-279, title II, Sec. 206, Nov. 5, 2002, 116 Stat.

1979.)

-MISC1-

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by the Congress, its duration is otherwise

provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,

1972, 86 Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9602, 9606 of this title.

-CITE-

20 USC Sec. 9606 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER II - EDUCATIONAL TECHNICAL ASSISTANCE

-HEAD-

Sec. 9606. Priorities

-STATUTE-

The Secretary shall establish priorities for the regional

educational laboratories (established under section 9564 of this

title) and comprehensive centers (established under section 9602 of

this title) to address, taking onto account the regional

assessments conducted under section 9605 of this title and other

relevant regional surveys of educational needs, to the extent the

Secretary deems appropriate.

-SOURCE-

(Pub. L. 107-279, title II, Sec. 207, Nov. 5, 2002, 116 Stat.

1981.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9564, 9602 of this title.

-CITE-

20 USC Sec. 9607 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER II - EDUCATIONAL TECHNICAL ASSISTANCE

-HEAD-

Sec. 9607. Grant program for statewide, longitudinal data systems

-STATUTE-

(a) Grants authorized

The Secretary is authorized to award grants, on a competitive

basis, to State educational agencies to enable such agencies to

design, develop, and implement statewide, longitudinal data systems

to efficiently and accurately manage, analyze, disaggregate, and

use individual student data, consistent with the Elementary and

Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).

(b) Applications

Each State educational agency desiring a grant under this section

shall submit an application to the Secretary at such time, in such

manner, and accompanied by such information as the Secretary may

reasonably require.

(c) Awarding of grants

In awarding grants under this section, the Secretary shall use a

peer review process that -

(1) ensures technical quality (including validity and

reliability), promotes linkages across States, and protects

student privacy consistent with section 9573 of this title;

(2) promotes the generation and accurate and timely use of data

that is needed -

(A) for States and local educational agencies to comply with

the Elementary and Secondary Education Act of 1965 (20 U.S.C.

6301 et seq.) and other reporting requirements and close

achievement gaps; and

(B) to facilitate research to improve student academic

achievement and close achievement gaps; and

(3) gives priority to applications that meet the voluntary

standards and guidelines described in section 9543(a)(5) of this

title.

(d) Supplement not supplant

Funds made available under this section shall be used to

supplement, and not supplant, other State or local funds used for

developing State data systems.

(e) Report

Not later than 1 year after November 5, 2002, and again 3 years

after such date, the Secretary, in consultation with the National

Academies Committee on National Statistics, shall make publicly

available a report on the implementation and effectiveness of

Federal, State, and local efforts related to the goals of this

section, including -

(1) identifying and analyzing State practices regarding the

development and use of statewide, longitudinal data systems;

(2) evaluating the ability of such systems to manage individual

student data consistent with the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 6301 et seq.), promote linkages

across States, and protect student privacy consistent with

section 9573 of this title; and

(3) identifying best practices and areas for improvement.

-SOURCE-

(Pub. L. 107-279, title II, Sec. 208, Nov. 5, 2002, 116 Stat.

1981.)

-REFTEXT-

REFERENCES IN TEXT

The Elementary and Secondary Education Act of 1965, referred to

in subsecs. (a), (c)(2)(A), and (e)(2), is Pub. L. 89-10, Apr. 11,

1965, 79 Stat. 27, as amended, which is classified generally to

chapter 70 (Sec. 6301 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 6301 of this title and Tables.

-CITE-

20 USC Sec. 9608 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER II - EDUCATIONAL TECHNICAL ASSISTANCE

-HEAD-

Sec. 9608. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this

subchapter $80,000,000 for fiscal year 2003 and such sums as may be

necessary for each of the 5 succeeding fiscal years.

-SOURCE-

(Pub. L. 107-279, title II, Sec. 209, Nov. 5, 2002, 116 Stat.

1982.)

-CITE-

20 USC SUBCHAPTER III - NATIONAL ASSESSMENT OF

EDUCATIONAL PROGRESS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER III - NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

.

-HEAD-

SUBCHAPTER III - NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 9513 of this title.

-CITE-

20 USC Sec. 9621 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER III - NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

-HEAD-

Sec. 9621. National Assessment Governing Board

-STATUTE-

(a) Establishment

There is established the National Assessment Governing Board

(hereafter in this subchapter referred to as the ''Assessment

Board''), which shall formulate policy guidelines for the National

Assessment (carried out under section 9622 of this title).

(b) Membership

(1) Appointment and composition

The Assessment Board shall be appointed by the Secretary and be

composed as follows:

(A) Two Governors, or former Governors, who shall not be

members of the same political party.

(B) Two State legislators, who shall not be members of the

same political party.

(C) Two chief State school officers.

(D) One superintendent of a local educational agency.

(E) One member of a State board of education.

(F) One member of a local board of education.

(G) Three classroom teachers representing the grade levels at

which the National Assessment is conducted.

(H) One representative of business or industry.

(I) Two curriculum specialists.

(J) Three testing and measurement experts, who shall have

training and experience in the field of testing and

measurement.

(K) One nonpublic school administrator or policymaker.

(L) Two school principals, of whom one shall be an elementary

school principal and one shall be a secondary school principal.

(M) Two parents who are not employed by a local, State or

Federal educational agency.

(N) Two additional members who are representatives of the

general public, and who may be parents, but who are not

employed by a local, State, or Federal educational agency.

(2) Director of the Institute of Education Sciences

The Director of the Institute of Education Sciences shall serve

as an ex officio, nonvoting member of the Assessment Board.

(3) Balance and diversity

The Secretary and the Assessment Board shall ensure at all

times that the membership of the Assessment Board reflects

regional, racial, gender, and cultural balance and diversity and

that the Assessment Board exercises its independent judgment,

free from inappropriate influences and special interests.

(c) Terms

(1) In general

Terms of service of members of the Assessment Board shall be

staggered and may not exceed a period of 4 years, as determined

by the Secretary.

(2) Service limitation

Members of the Assessment Board may serve not more than two

terms.

(3) Change of status

A member of the Assessment Board who changes status under

subsection (b) of this section during the term of the appointment

of the member may continue to serve as a member until the

expiration of such term.

(4) Conforming provision

Members of the Assessment Board previously granted 3 year

terms, whose terms are in effect on December 21, 2000, shall have

their terms extended by 1 year.

(d) Vacancies

(1) In general

(A) Organizations

The Secretary shall appoint new members to fill vacancies on

the Assessment Board from among individuals who are nominated

by organizations representing the type of individuals described

in subsection (b)(1) of this section with respect to which the

vacancy exists.

(B) Nominations

Each organization submitting nominations to the Secretary

with respect to a particular vacancy shall nominate for such

vacancy six individuals who are qualified by experience or

training to fill the particular Assessment Board vacancy.

(C) Maintenance of Assessment Board

The Secretary's appointments shall maintain the composition,

diversity, and balance of the Assessment Board required under

subsection (b) of this section.

(2) Additional nominations

The Secretary may request that each organization described in

paragraph (1)(A) submit additional nominations if the Secretary

determines that none of the individuals nominated by such

organization have appropriate knowledge or expertise.

(e) Duties

(1) In general

In carrying out its functions under this section the Assessment

Board shall -

(A) select the subject areas to be assessed (consistent with

section 9622(b) of this title);

(B) develop appropriate student achievement levels as

provided in section 9622(e) of this title;

(C) develop assessment objectives consistent with the

requirements of this section and test specifications that

produce an assessment that is valid and reliable, and are based

on relevant widely accepted professional standards;

(D) develop a process for review of the assessment which

includes the active participation of teachers, curriculum

specialists, local school administrators, parents, and

concerned members of the public;

(E) design the methodology of the assessment to ensure that

assessment items are valid and reliable, in consultation with

appropriate technical experts in measurement and assessment,

content and subject matter, sampling, and other technical

experts who engage in large scale surveys;

(F) consistent with section 9622 of this title, measure

student academic achievement in grades 4, 8, and 12 in the

authorized academic subjects;

(G) develop guidelines for reporting and disseminating

results;

(H) develop standards and procedures for regional and

national comparisons;

(I) take appropriate actions needed to improve the form,

content, use, and reporting of results of any assessment

authorized by section 9622 of this title consistent with the

provisions of this section and section 9622 of this title; and

(J) plan and execute the initial public release of National

Assessment of Educational Progress reports.

The National Assessment of Educational Progress data shall not be

released prior to the release of the reports described in

subparagraph (J).

(2) Delegation

The Assessment Board may delegate any of the Board's procedural

and administrative functions to its staff.

(3) All cognitive and noncognitive assessment items

The Assessment Board shall have final authority on the

appropriateness of all assessment items.

(4) Prohibition against bias

The Assessment Board shall take steps to ensure that all items

selected for use in the National Assessment are free from racial,

cultural, gender, or regional bias and are secular, neutral, and

non-ideological.

(5) Technical

In carrying out the duties required by paragraph (1), the

Assessment Board may seek technical advice, as appropriate, from

the Commissioner for Education Statistics and other experts.

(6) Report

Not later than 90 days after an evaluation of the student

achievement levels under section 9622(e) of this title, the

Assessment Board shall make a report to the Secretary, the

Committee on Education and the Workforce of the House of

Representatives, and the Committee on Health, Education, Labor,

and Pensions of the Senate describing the steps the Assessment

Board is taking to respond to each of the recommendations

contained in such evaluation.

(f) Personnel

(1) In general

In the exercise of its responsibilities, the Assessment Board

shall be independent of the Secretary and the other offices and

officers of the Department.

(2) Staff

(A) In general

The Secretary may appoint, at the request of the Assessment

Board, such staff as will enable the Assessment Board to carry

out its responsibilities.

(B) Technical employees

Such appointments may include, for terms not to exceed 3

years and without regard to the provisions of title 5 governing

appointments in the competitive service, not more than six

technical employees who may be paid without regard to the

provisions of chapter 51 and subchapter III of chapter 53 of

such title relating to classification and General Schedule pay

rates.

(g) Coordination

The Commissioner for Education Statistics and the Assessment

Board shall meet periodically -

(1) to ensure coordination of their duties and activities

relating to the National Assessment; and

(2) for the Commissioner for Education Statistics to report to

the Assessment Board on the Department's actions to implement the

decisions of the Assessment Board.

(h) Administration

The Federal Advisory Committee Act (5 U.S.C. App.) shall not

apply with respect to the Assessment Board, other than sections 10,

11, and 12 of such Act.

-SOURCE-

(Pub. L. 107-279, title III, Sec. 302, formerly Pub. L. 103-382,

title IV, Sec. 412, Oct. 20, 1994, 108 Stat. 4039; Pub. L. 106-554,

Sec. 1(a)(1) (title III, Sec. 307), Dec. 21, 2000, 114 Stat. 2763,

2763A-44; Pub. L. 107-110, title VI, Sec. 602(b), Jan. 8, 2002, 115

Stat. 1904; renumbered Pub. L. 107-279, title III, Sec. 302, and

amended Pub. L. 107-279, title IV, Sec. 401(c), Nov. 5, 2002, 116

Stat. 1983.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (f)(2)(B), are

classified to section 3301 et seq. of Title 5, Government

Organization and Employees.

The Federal Advisory Committee Act, referred to in subsec. (h),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-COD-

CODIFICATION

Section was formerly classified to section 9011 of this title

prior to renumbering by Pub. L. 107-279.

-MISC3-

PRIOR PROVISIONS

A prior section 302 of Pub. L. 107-279 was renumbered section 304

and is classified to section 9623 of this title.

AMENDMENTS

2002 - Pub. L. 107-110 amended section generally, restating and

expanding provisions and inserting headings.

Subsec. (a). Pub. L. 107-279, Sec. 401(c)(1), substituted

''referred to as the 'Assessment Board' '' for ''referred to as the

'Board' '' and inserted ''(carried out under section 9622 of this

title)'' after ''for the National Assessment''.

Subsec. (b)(1). Pub. L. 107-279, Sec. 401(c)(2), substituted

''Assessment Board'' for ''Board'' in introductory provisions.

Subsec. (b)(2). Pub. L. 107-279, Sec. 401(c)(4), substituted

''Director of the Institute of Education Sciences'' for ''Assistant

Secretary for Educational Research'' in heading and ''Assistant

Secretary for Educational Research and Improvement'' in text.

Pub. L. 107-279, Sec. 401(c)(2), substituted ''Assessment Board''

for ''Board''.

Subsecs. (b)(3) to (d)(1). Pub. L. 107-279, Sec. 401(c)(2),

substituted ''Assessment Board'' for ''Board'' wherever appearing.

Subsec. (e)(1). Pub. L. 107-279, Sec. 401(c)(2), (5)(A)(vii),

substituted ''Assessment Board'' for ''Board'' in introductory

provisions and inserted concluding provisions.

Subsec. (e)(1)(A). Pub. L. 107-279, Sec. 401(c)(5)(A)(i),

substituted ''section 9622(b)'' for ''section 9010(b)''.

Subsec. (e)(1)(B). Pub. L. 107-279, Sec. 401(c)(5)(A)(ii),

substituted ''section 9622(e)'' for ''section 9010(e)''.

Subsec. (e)(1)(E). Pub. L. 107-279, Sec. 401(c)(5)(A)(iii),

struck out '', including the Advisory Council established under

section 9006 of this title'' before semicolon at end.

Subsec. (e)(1)(F), (I). Pub. L. 107-279, Sec. 401(c)(5)(A)(iv),

substituted ''section 9622'' for ''section 9010'' wherever

appearing.

Subsec. (e)(1)(J). Pub. L. 107-279, Sec. 401(c)(5)(A)(v)-(vii),

added subpar. (J).

Subsec. (e)(2) to (4). Pub. L. 107-279, Sec. 401(c)(2),

substituted ''Assessment Board'' for ''Board''.

Subsec. (e)(5). Pub. L. 107-279, Sec. 401(c)(5)(B), struck out

''and the Advisory Council on Education Statistics'' before ''and

other experts.''

Pub. L. 107-279, Sec. 401(c)(3), substituted ''Commissioner for

Education Statistics'' for ''Commissioner''.

Pub. L. 107-279, Sec. 401(c)(2), substituted ''Assessment Board''

for ''Board''.

Subsec. (e)(6). Pub. L. 107-279, Sec. 401(c)(5)(C), substituted

''section 9622(e)'' for ''section 9010(e)''.

Pub. L. 107-279, Sec. 401(c)(2), substituted ''Assessment Board''

for ''Board'' in two places.

Subsec. (f). Pub. L. 107-279, Sec. 401(c)(2), substituted

''Assessment Board'' for ''Board'' wherever appearing.

Subsec. (g). Pub. L. 107-279, Sec. 401(c)(3), substituted

''Commissioner for Education Statistics'' for ''Commissioner'' in

two places.

Pub. L. 107-279, Sec. 401(c)(2), substituted ''Assessment Board''

for ''Board'' wherever appearing.

Subsec. (h). Pub. L. 107-279, Sec. 401(c)(2), substituted

''Assessment Board'' for ''Board''.

2000 - Subsec. (c)(1). Pub. L. 106-554, Sec. 1(a)(1) (title III,

Sec. 307(1)), substituted ''4 years'' for ''3 years''.

Subsec. (c)(4). Pub. L. 106-554, Sec. 1(a)(1) (title III, Sec.

307(2)), added par. (4).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of this title.

SHORT TITLE

This subchapter known as the ''National Assessment of Educational

Progress Authorization Act'', see Short Title note set out under

section 9501 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9513, 9622, 9624 of this

title.

-CITE-

20 USC Sec. 9622 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER III - NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

-HEAD-

Sec. 9622. National Assessment of Educational Progress

-STATUTE-

(a) Establishment

The Commissioner for Education Statistics shall, with the advice

of the Assessment Board established under section 9621 of this

title, carry out, through grants, contracts, or cooperative

agreements with one or more qualified organizations, or consortia

thereof, a National Assessment of Educational Progress, which

collectively refers to a national assessment, State assessments,

and a long-term trend assessment in reading and mathematics.

(b) Purpose; State assessments

(1) Purpose

The purpose of this section is to provide, in a timely manner,

a fair and accurate measurement of student academic achievement

and reporting of trends in such achievement in reading,

mathematics, and other subject matter as specified in this

section.

(2) Measurement and reporting

The Commissioner for Education Statistics, in carrying out the

measurement and reporting described in paragraph (1), shall -

(A) use a random sampling process which is consistent with

relevant, widely accepted professional assessment standards and

that produces data that are representative on a national and

regional basis;

(B) conduct a national assessment and collect and report

assessment data, including achievement data trends, in a valid

and reliable manner on student academic achievement in public

and private elementary schools and secondary schools at least

once every 2 years, in grades 4 and 8 in reading and

mathematics;

(C) conduct a national assessment and collect and report

assessment data, including achievement data trends, in a valid

and reliable manner on student academic achievement in public

and private schools in reading and mathematics in grade 12 in

regularly scheduled intervals, but at least as often as such

assessments were conducted prior to January 8, 2002;

(D) to the extent time and resources allow, and after the

requirements described in subparagraph (B) are implemented and

the requirements described in subparagraph (C) are met, conduct

additional national assessments and collect and report

assessment data, including achievement data trends, in a valid

and reliable manner on student academic achievement in grades

4, 8, and 12 in public and private elementary schools and

secondary schools in regularly scheduled intervals in

additional subject matter, including writing, science, history,

geography, civics, economics, foreign languages, and arts, and

the trend assessment described in subparagraph (F);

(E) conduct the reading and mathematics assessments described

in subparagraph (B) in the same year, and every other year

thereafter, to provide for 1 year in which no such assessments

are conducted in between each administration of such

assessments;

(F) continue to conduct the trend assessment of academic

achievement at ages 9, 13, and 17 for the purpose of

maintaining data on long-term trends in reading and

mathematics;

(G) include information on special groups, including,

whenever feasible, information collected, cross tabulated,

compared, and reported by race, ethnicity, socioeconomic

status, gender, disability and limited English proficiency; and

(H) ensure that achievement data are made available on a

timely basis following official reporting, in a manner that

facilitates further analysis and that includes trend lines.

(3) State assessments

(A) In general

The Commissioner for Education Statistics -

(i) shall conduct biennial State academic assessments of

student achievement in reading and mathematics in grades 4

and 8 as described in paragraphs (2)(B) and (2)(E);

(ii) may conduct the State academic assessments of student

achievement in reading and mathematics in grade 12 as

described in paragraph (2)(C);

(iii) may conduct State academic assessments of student

achievement in grades 4, 8, and 12 as described in paragraph

(2)(D); and

(iv) shall conduct each such State assessment, in each

subject area and at each grade level, on a developmental

basis until the Commissioner for Education Statistics

determines, as the result of an evaluation required by

subsection (f) of this section, that such assessment produces

high quality data that are valid and reliable.

(B) Agreement

(i) In general

States participating in State assessments shall enter into

an agreement with the Secretary pursuant to subsection (d)(3)

of this section.

(ii) Content

Such agreement shall contain information sufficient to give

States full information about the process for decision-making

(which shall include the consensus process used), on

objectives to be tested, and the standards for random

sampling, test administration, test security, data

collection, validation, and reporting.

(C) Review and release

(i) In general

Except as provided in clause (ii), a participating State

shall review and give permission for the release of results

from any test of its students administered as a part of a

State assessment prior to the release of such data. Refusal

by a State to release its data shall not restrict the release

of data from other States that have approved the release of

such data.

(ii) Special rule

A State participating in the biennial academic assessments

of student achievement in reading and mathematics in grades 4

and 8 shall be deemed to have given its permission to release

its data if the State has an approved plan under section 6311

of this title.

(4) Prohibited activities

(A) In general

The use of assessment items and data on any assessment

authorized under this section by an agent or agents of the

Federal Government to rank, compare, or otherwise evaluate

individual students or teachers, or to provide rewards or

sanctions for individual students, teachers, schools or local

educational agencies is prohibited.

(B) Special rule

Any assessment authorized under this section shall not be

used by an agent or agents of the Federal Government to

establish, require, or influence the standards, assessments,

curriculum, including lesson plans, textbooks, or classroom

materials, or instructional practices of States or local

educational agencies.

(C) Applicability to student educational decisions

Nothing in this section shall be construed to prescribe the

use of any assessment authorized under this section for student

promotion or graduation purposes.

(D) Applicability to home schools

Nothing in this section shall be construed to affect home

schools, whether or not a home school is treated as a home

school or a private school under State law, nor shall any home

schooled student be required to participate in any assessment

referenced or authorized under this section.

(5) Requirement

In carrying out any assessment authorized under this section,

the Commissioner for Education Statistics, in a manner consistent

with subsection (c)(3) of this section, shall -

(A) use widely accepted professional testing standards,

objectively measure academic achievement, knowledge, and

skills, and ensure that any academic assessment authorized

under this section be tests that do not evaluate or assess

personal or family beliefs and attitudes or publicly disclose

personally identifiable information;

(B) only collect information that is directly related to the

appraisal of academic achievement, and to the fair and accurate

presentation of such information; and

(C) collect information on race, ethnicity, socioeconomic

status, disability, limited English proficiency, and gender.

(6) Technical assistance

In carrying out any assessment authorized under this section,

the Commissioner for Education Statistics may provide technical

assistance to States, localities, and other parties.

(c) Access

(1) Public access

(A) In general

Except as provided in paragraph (3), parents and members of

the public shall have access to all assessment data, questions,

and complete and current assessment instruments of any

assessment authorized under this section. The local

educational agency shall make reasonable efforts to inform

parents and members of the public about the access required

under this paragraph.

(B) Timeline

The access described in this paragraph shall be provided

within 45 days of the date the request was made, in writing,

and be made available in a secure setting that is convenient to

both parties.

(C) Prohibition

To protect the integrity of the assessment, no copy of the

assessment items or assessment instruments shall be duplicated

or taken from the secure setting.

(2) Complaints

(A) In general

Parents and members of the public may submit written

complaints to the Assessment Board.

(B) Forwarding of complaints

The Assessment Board shall forward such complaints to the

Commissioner for Education Statistics, the Secretary of

Education, and the State and local educational agency from

within which the complaint originated within 30 days of receipt

of such complaint.

(C) Review

The Assessment Board, in consultation with the Commissioner

for Education Statistics, shall review such complaint and

determine whether revisions are necessary and appropriate. As

determined by such review, the Board shall revise, as necessary

and appropriate, the procedures or assessment items that have

generated the complaint and respond to the individual

submitting the complaint, with a copy of such response provided

to the Secretary, describing any action taken, not later than

30 days after so acting.

(D) Report

The Secretary shall submit a summary report of all complaints

received pursuant to subparagraph (A) and responses by the

Assessment Board pursuant to subparagraph (C) to the Chairman

of the House Committee on Education and the Workforce, and the

Chairman of the Senate Committee on Health, Education, Labor,

and Pensions.

(E) Cognitive questions

(i) In general

The Commissioner for Education Statistics may decline to

make available through public means, such as posting on the

Internet, distribution to the media, distribution through

public agencies, or in response to a request under section

552 of title 5, for a period, not to exceed 10 years after

initial use, cognitive questions that the Commissioner for

Education Statistics intends to reuse in the future.

(ii) Extension

Notwithstanding clause (i), the Commissioner for Education

Statistics may decline to make cognitive questions available

as described in clause (i) for a period longer than 10 years

if the Commissioner for Education Statistics determines such

additional period is necessary to protect the security and

integrity of long-term trend data.

(3) Personally identifiable information

(A) In general

The Commissioner for Education Statistics shall ensure that

all personally identifiable information about students, their

academic achievement, and their families, and that information

with respect to individual schools, remains confidential, in

accordance with section 552a of title 5.

(B) Prohibition

The Assessment Board, the Commissioner for Education

Statistics, and any contractor or subcontractor shall not

maintain any system of records containing a student's name,

birth information, Social Security number, or parents' name or

names, or any other personally identifiable information.

(4) Penalties

Any unauthorized person who knowingly discloses, publishes, or

uses assessment questions, or complete and current assessment

instruments of any assessment authorized under this section may

be fined as specified in section 3571 of title 18 or charged with

a class E felony.

(d) Participation

(1) Voluntary participation

Participation in any assessment authorized under this section

shall be voluntary for students, schools, and local educational

agencies.

(2) Student participation

Parents of children selected to participate in any assessment

authorized under this section shall be informed before the

administration of any authorized assessment, that their child may

be excused from participation for any reason, is not required to

finish any authorized assessment, and is not required to answer

any test question.

(3) State participation

(A) Voluntary

Participation in assessments authorized under this section,

other than reading and mathematics in grades 4 and 8, shall be

voluntary.

(B) Agreement

For reading and mathematics assessments in grades 4 and 8,

the Secretary shall enter into an agreement with any State

carrying out an assessment for the State under this section.

Each such agreement shall contain provisions designed to ensure

that the State will participate in the assessment.

(4) Review

Representatives of State educational agencies and local

educational agencies or the chief State school officer shall have

the right to review any assessment item or procedure of any

authorized assessment upon request in a manner consistent with

subsection (c) of this section, except the review described in

subparagraph (2)(C) of subsection (c) of this section shall take

place in consultation with the representatives described in this

paragraph.

(e) Student achievement levels

(1) Achievement levels

The Assessment Board shall develop appropriate student

achievement levels for each grade or age in each subject area to

be tested under assessments authorized under this section, except

the trend assessment described in subsection (b)(2)(F) of this

section.

(2) Determination of levels

(A) In general

Such levels shall -

(i) (FOOTNOTE 1) be determined by -

(FOOTNOTE 1) So in original. No cl. (ii) has been enacted.

(I) identifying the knowledge that can be measured and

verified objectively using widely accepted professional

assessment standards; and

(II) developing achievement levels that are consistent

with relevant widely accepted professional assessment

standards and based on the appropriate level of subject

matter knowledge for grade levels to be assessed, or the

age of the students, as the case may be.

(B) National consensus approach

After the determinations described in subparagraph (A),

devising a national consensus approach.

(C) Trial basis

The achievement levels shall be used on a trial basis until

the Commissioner for Education Statistics determines, as a

result of an evaluation under subsection (f) of this section,

that such levels are reasonable, valid, and informative to the

public.

(D) Status

The Commissioner for Education Statistics and the Board shall

ensure that reports using such levels on a trial basis do so in

a manner that makes clear the status of such levels.

(E) Updates

Such levels shall be updated as appropriate by the Assessment

Board in consultation with the Commissioner for Education

Statistics.

(3) Reporting

After determining that such levels are reasonable, valid, and

informative to the public, as the result of an evaluation under

subsection (f) of this section, the Commissioner for Education

Statistics shall use such levels or other methods or indicators

for reporting results of the National Assessment and State

assessments.

(4) Review

The Assessment Board shall provide for a review of any trial

student achievement levels under development by representatives

of State educational agencies or the chief State school officer

in a manner consistent with subsection (c) of this section,

except the review described in paragraph (2)(C) of such

subsection shall take place in consultation with the

representatives described in this paragraph.

(f) Review of National and State assessments

(1) Review

(A) In general

The Secretary shall provide for continuing review of any

assessment authorized under this section, and student

achievement levels, by one or more professional assessment

evaluation organizations.

(B) Issues addressed

Such continuing review shall address -

(i) whether any authorized assessment is properly

administered, produces high quality data that are valid and

reliable, is consistent with relevant widely accepted

professional assessment standards, and produces data on

student achievement that are not otherwise available to the

State (other than data comparing participating States to each

other and the Nation);

(ii) whether student achievement levels are reasonable,

valid, reliable, and informative to the public;- (FOOTNOTE 2)

(FOOTNOTE 2) So in original.

(iii) whether any authorized assessment is being

administered as a random sample and is reporting the trends

in academic achievement in a valid and reliable manner in the

subject areas being assessed;

(iv) whether any of the test questions are biased, as

described in section 9621(e)(4) of this title; and

(v) whether the appropriate authorized assessments are

measuring, consistent with this section, reading ability and

mathematical knowledge.

(2) Report

The Secretary shall report to the Committee on Education and

the Workforce of the House of Representatives and the Committee

on Health, Education, Labor, and Pensions of the Senate, the

President, and the Nation on the findings and recommendations of

such reviews.

(3) Use of findings and recommendations

The Commissioner for Education Statistics and the Assessment

Board shall consider the findings and recommendations of such

reviews in designing the competition to select the organization,

or organizations, through which the Commissioner for Education

Statistics carries out the National Assessment.

(g) Coverage agreements

(1) Department of Defense schools

The Secretary and the Secretary of Defense may enter into an

agreement, including such terms as are mutually satisfactory, to

include in the National Assessment elementary schools and

secondary schools operated by the Department of Defense.

(2) Bureau of Indian Affairs schools

The Secretary and the Secretary of the Interior may enter into

an agreement, including such terms as are mutually satisfactory,

to include in the National Assessment schools for Indian children

operated or supported by the Bureau of Indian Affairs.

-SOURCE-

(Pub. L. 107-279, title III, Sec. 303, formerly Pub. L. 103-382,

title IV, Sec. 411, Oct. 20, 1994, 108 Stat. 4036; Pub. L. 107-110,

title VI, Sec. 602(a), Jan. 8, 2002, 115 Stat. 1898; renumbered

Pub. L. 107-279, title III, Sec. 303, and amended Pub. L. 107-279,

title IV, Sec. 401(d), Nov. 5, 2002, 116 Stat. 1984.)

-COD-

CODIFICATION

Section was formerly classified to section 9010 of this title

prior to renumbering by Pub. L. 107-279.

-MISC3-

PRIOR PROVISIONS

A prior section 303 of Pub. L. 107-279 was renumbered section 305

and is classified to section 9624 of this title.

AMENDMENTS

2002 - Pub. L. 107-110 amended section generally, restating and

expanding provisions and inserting headings.

Subsec. (a). Pub. L. 107-279, Sec. 401(d)(3), substituted

''section 9621'' for ''section 9011'' and struck out ''and with the

technical assistance of the Advisory Council established under

section 9006 of this title,'' before ''carry out''.

Pub. L. 107-279, Sec. 401(d)(2), substituted ''Assessment Board''

for ''National Assessment Governing Board''.

Pub. L. 107-279, Sec. 401(d)(1), substituted ''Commissioner for

Education Statistics'' for ''Commissioner''.

Subsec. (b)(1). Pub. L. 107-279, Sec. 401(d)(4)(A), inserted

''of'' after ''academic achievement and reporting''.

Subsec. (b)(2), (3)(A). Pub. L. 107-279, Sec. 401(d)(1),

substituted ''Commissioner for Education Statistics'' for

''Commissioner'' in introductory provisions.

Subsec. (b)(3)(A)(i). Pub. L. 107-279, Sec. 401(d)(4)(B)(i),

substituted ''paragraphs (2)(B) and (2)(E)'' for ''paragraphs

(1)(B) and (1)(E)''.

Subsec. (b)(3)(A)(ii). Pub. L. 107-279, Sec. 401(d)(4)(B)(ii),

substituted ''paragraph (2)(C)'' for ''paragraph (1)(C)''.

Subsec. (b)(3)(A)(iii). Pub. L. 107-279, Sec. 401(d)(4)(B)(iii),

substituted ''paragraph (2)(D)'' for ''paragraph (1)(D)''.

Subsec. (b)(3)(A)(iv). Pub. L. 107-279, Sec. 401(d)(1),

substituted ''Commissioner for Education Statistics'' for

''Commissioner''.

Subsec. (b)(5). Pub. L. 107-279, Sec. 401(d)(4)(C), substituted

''subsection (c)(3)'' for ''subsection (c)(2)'' in introductory

provisions.

Pub. L. 107-279, Sec. 401(d)(1), substituted ''Commissioner for

Education Statistics'' for ''Commissioner'' in introductory

provisions.

Subsec. (b)(6). Pub. L. 107-279, Sec. 401(d)(1), substituted

''Commissioner for Education Statistics'' for ''Commissioner''.

Subsec. (c)(2). Pub. L. 107-279, Sec. 401(d)(2), substituted

''Assessment Board'' for ''National Assessment Governing Board''

wherever appearing.

Pub. L. 107-279, Sec. 401(d)(1), substituted ''Commissioner for

Education Statistics'' for ''Commissioner'' wherever appearing.

Subsec. (c)(2)(D). Pub. L. 107-279, Sec. 401(d)(5), substituted

''subparagraph (C)'' for ''subparagraph (B)''.

Subsec. (c)(3). Pub. L. 107-279, Sec. 401(d)(1), substituted

''Commissioner for Education Statistics'' for ''Commissioner'' in

subpars. (A) and (B).

Subsec. (c)(3)(B). Pub. L. 107-279, Sec. 401(d)(2), substituted

''Assessment Board'' for ''National Board''.

Subsec. (e)(1). Pub. L. 107-279, Sec. 401(d)(2), substituted

''Assessment Board'' for ''National Assessment Governing Board''.

Subsec. (e)(2). Pub. L. 107-279, Sec. 401(d)(1), substituted

''Commissioner for Education Statistics'' for ''Commissioner''

wherever appearing.

Subsec. (e)(2)(E). Pub. L. 107-279, Sec. 401(d)(2), substituted

''Assessment Board'' for ''National Assessment Governing Board''.

Subsec. (e)(3). Pub. L. 107-279, Sec. 401(d)(1), substituted

''Commissioner for Education Statistics'' for ''Commissioner''.

Subsec. (e)(4). Pub. L. 107-279, Sec. 401(d)(6), substituted

''paragraph (2)(C) of such subsection'' for ''subparagraph

(2)(C)''.

Pub. L. 107-279, Sec. 401(d)(2), substituted ''Assessment Board''

for ''National Assessment Governing Board''.

Subsec. (f)(1)(B)(iv). Pub. L. 107-279, Sec. 401(d)(7),

substituted ''section 9621(e)(4)'' for ''section 9011(e)(4)''.

Subsec. (f)(3). Pub. L. 107-279, Sec. 401(d)(2), substituted

''Assessment Board'' for ''National Assessment Governing Board''.

Pub. L. 107-279, Sec. 401(d)(1), substituted ''Commissioner for

Education Statistics'' for ''Commissioner'' in two places.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6311, 6312, 6491, 9621,

9624 of this title.

-CITE-

20 USC Sec. 9623 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER III - NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

-HEAD-

Sec. 9623. Definitions

-STATUTE-

In this subchapter:

(1) The term ''Director'' means the Director of the Institute

of Education Sciences.

(2) The term ''State'' means each of the 50 States, the

District of Columbia, and the Commonwealth of Puerto Rico.

-SOURCE-

(Pub. L. 107-279, title III, Sec. 304, formerly Sec. 302, Nov. 5,

2002, 116 Stat. 1982; renumbered Sec. 304, Pub. L. 107-279, title

IV, Sec. 401(b), Nov. 5, 2002, 116 Stat. 1983.)

-CITE-

20 USC Sec. 9624 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 76 - EDUCATION RESEARCH, STATISTICS, EVALUATION,

INFORMATION, AND DISSEMINATION

SUBCHAPTER III - NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

-HEAD-

Sec. 9624. Authorization of appropriations

-STATUTE-

(a) In general

There are authorized to be appropriated -

(1) for fiscal year 2003 -

(A) $4,600,000 to carry out section 9621 of this title; and

(B) $107,500,000 to carry out section 9622 of this title; and

(2) such sums as may be necessary for each of the 5 succeeding

fiscal years to carry out sections 9621 and 9622 of this title.

(b) Availability

Amounts made available under this section shall remain available

until expended.

-SOURCE-

(Pub. L. 107-279, title III, Sec. 305, formerly Sec. 303, Nov. 5,

2002, 116 Stat. 1982; renumbered Sec. 305, Pub. L. 107-279, title

IV, Sec. 401(b), Nov. 5, 2002, 116 Stat. 1983.)