I

106TH CONGRESS

1ST SESSION H. R. 893

To provide that the National Assessment Governing Board has the exclusive

authority over all policies, direction, and guidelines for establishing and

implementing certain voluntary national tests.

IN THE HOUSE OF REPRESENTATIVES

MARCH 2, 1999

Mr. FORBES introduced the following bill; which was referred to the

Committee on Education and the Workforce

A BILL

To provide that the National Assessment Governing Board

has the exclusive authority over all policies, direction,

and guidelines for establishing and implementing certain

voluntary national tests.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Voluntary Basic Edu5 cational Skills Testing Act’’.

6 SEC. 2. OERI ANNUAL SPENDING PLAN.

7 Notwithstanding any other provision of law, the As8 sistant Secretary for Educational Research and Improve-
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1 ment shall submit to the Committees on Appropriations

2 of the House of Representatives and the Senate a spend3 ing plan for activities funded through the Office of Edu4 cational Research and Improvement for each fiscal year,

5 prior to the obligation of any funds for the fiscal year.

6 SEC. 3. EXCLUSIVE AUTHORITY.

7 Notwithstanding any other provision of law, the Na8 tional Assessment Governing Board established under sec9 tion 412 of the National Education Statistics Act of 1994

10 (20 U.S.C. 9011) (hereafter in this section referred to as

11 the ‘‘Board’’) shall hereafter have exclusive authority over

12 all policies, direction, and guidelines for establishing and

13 implementing voluntary national tests for 4th grade

14 English reading and 8th grade mathematics.

15 SEC. 4. AVAILABILITY OF TESTS.

16 The tests described in section 5(b) shall be made

17 available to a State, local educational agency, or private

18 or parochial school, upon the request of the State, agency,

19 or school, and the use of the tests shall not be a condition

20 for receiving any Federal funds.

21 SEC. 5. CONTRACT AUTHORITY.

22 (a) IN GENERAL.—Within 90 days after the date of

23 enactment of this Act, the Board shall review the national

24 test development contract in effect on the date of enact25 ment of this Act, and modify the contract as the Board
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1 determines necessary. If the contract cannot be modified

2 to the extent determined necessary by the Board, the con3 tract shall be terminated and the Board shall negotiate

4 a new contract, under the Board’s exclusive control, for

5 the tests.

6 (b) BOARD DUTIES.—In exercising the Board’s re7 sponsibilities under paragraph (a) regarding the national

8 tests, and notwithstanding any action undertaken by the

9 Department of Education or a person contracting with or

10 providing services for the Department regarding the plan11 ning, or the development of specifications, for the tests,

12 the Board shall—

13 (1) ensure that the content and standards for

14 the tests are the same as the content and standards

15 for the National Assessment;

16 (2) exercise exclusive authority over any expert

17 panel or advisory committee that will be or is estab18 lished with respect to the tests;

19 (3) ensure that the tests are linked to the Na20 tional Assessment to the maximum degree possible;

21 (4) develop test objectives, test specifications,

22 and test methodology;

23 (5) develop policies for test administration, in24 cluding guidelines for inclusion of, and accommoda-
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1 tions for, students with disabilities and students

2 with limited English proficiency;

3 (6) develop policies for reporting test results,

4 including the use of standards or performance levels,

5 and for test use;

6 (7) have final authority over the appropriate7 ness of all test items;

8 (8) ensure that all items selected for use on the

9 tests are free from racial, cultural, or gender bias;

10 and

11 (9) take such actions and make such policies as

12 the Board determines necessary.

13 SEC. 6. CONSENT REQUIREMENT.

14 No State or local educational agency may require any

15 private or parochial school student, or home-schooled indi16 vidual, to take any test developed under this title without

17 the written consent of the student or individual.

18 SEC. 7. CONFORMING AMENDMENTS.

19 Section 412 of the National Education Statistics Act

20 of 1994 (20 U.S.C. 9011) is amended—

21 (1) in subsection (b)(1)—

22 (A) by amending subparagraph (A) to read

23 as follows:

24 ‘‘(A) three Governors, or former Gov25 ernors, of whom not more than 1 shall be a
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1 member of the same political party as the

2 President;’’;

3 (B) by amending subparagraph (B) to read

4 as follows:

5 ‘‘(B) two State legislators, of whom not

6 more than 1 shall be a member of the same po7 litical party as the President;’’;

8 (C) in subparagraph (H), by striking ‘one

9 representative’ and inserting ‘three representa10 tives’;

11 (D) by amending subparagraph (I) to read

12 as follows:

13 ‘‘(I) two mayors, of whom not more than

14 1 shall be a member of the same political party

15 as the President;’;

16 (E) by striking subparagraph (J); and

17 (F) by redesignating subparagraphs (K), (L),

18 and (M) as subparagraphs (J), (K), and (L), respec19 tively;

20 (2) in subsection (c)—

21 (A) in paragraph (1), by striking ‘‘and

22 may not exceed a period of 3’’ and inserting

23 ‘‘and shall be for periods of 4’’; and

24 (B) in paragraph (2), by inserting ‘‘con25 secutive’’ after ‘‘two’’;
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1 (3) by amending subsection (d) to read as fol2 lows:

3 ‘‘(d) VACANCIES.—As vacancies on the Board occur,

4 new members of the Board shall be appointed by the Sec5 retary from among individuals who are nominated by the

6 Board after consultation with representatives of the indi7 viduals described in subsection (b)(1). For each vacancy,

8 the Board shall nominate at least 3 individuals who are

9 qualified by experience or training to fill the particular

10 Board vacancy.’’; and

11 (4) in subsection (e) by adding at the end the

12 following:

13 ‘‘(7) INDEPENDENCE.—In the exercise of its

14 functions, powers, and duties, the Board shall be

15 independent of the Secretary and the other offices

16 and officers of the Department. The Secretary shall,

17 by written delegation of authority, authorize the

18 Board to award grants and contracts, and otherwise

19 operate, to the maximum extent practicable, inde20 pendent of the Department.’’.

21 SEC. 8. APPOINTMENTS.

22 Not later than 30 days after the date of enactment

23 of this Act, the Secretary of Education, in consultation

24 with the Speaker and Minority Leader of the House of

25 Representatives, and the Majority Leader and Minority
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1 Leader of the Senate, shall appoint individuals to fill va2 cancies on the National Assessment Governing Board

3 caused by the expiration of the terms of members of the

4 Board, or the creation of new membership positions on

5 the Board pursuant to amendments made by this Act.

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