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

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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.

9512. Functions.

9513. Delegation.

(a) Delegation of authority.

(b) Other activities.

9514. Office of the Director.

(a) Appointment.

(b) Term.

(d) Qualifications.

(e) Administration.

(f) Duties.

(g) Expert guidance and assistance.

(h) Review.

9515. Priorities.

(a) Proposal.

(b) Approval.

(d) Public availability and comment.

9516. National Board for Education Sciences.

(a) Establishment.

(b) Duties.

(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.

(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.

9534. Standards for conduct and evaluation of research.

(a) In general.

(b) Peer review.

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.

9545. Reports.

(a) Procedures for issuance of reports.

(b) Report on condition and progress of education.

9546. Dissemination.

(a) General requests.

(b) Congressional requests.

(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.

9562. Commissioner for Education Evaluation and Regional

Assistance.

(a) In general.

(b) Additional duties.

(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.

(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.

(d) Federally sponsored testing.

9573. Confidentiality.

(a) In general.

(b) Student information.

(d) Administration.

(e) Investigation and prosecution of terrorism.

9574. Availability of data.

9575. Performance management.

9576. Authority to publish.

(a) Publication.

(b) Advance copies.

(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.

SUBCHAPTER II - EDUCATIONAL TECHNICAL ASSISTANCE

9601. Definitions.

9602. Comprehensive centers.

(a) Authorization.

(b) Eligible applicants.

(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.

(d) Regional assessments.

9606. Priorities.

9607. Grant program for statewide, longitudinal data systems.

(a) Grants authorized.

(b) Applications.

(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.

(d) Vacancies.

(e) Duties.

(f) Personnel.

(g) Coordination.

(h) Administration.

9622. National Assessment of Educational Progress.

(a) Establishment.

(b) Purpose; State assessments.

(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.);

(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;

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

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

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.

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

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.

-CITE-

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).

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

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.

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.

(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.

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.

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.

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

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;

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,