49–007 

Calendar No. 600 

113TH CONGRESS REPORT " ! SENATE 2d Session 113–275 

STRENGTHENING EDUCATION THROUGH RESEARCH ACT 

OF 2014 

NOVEMBER 17, 2014.—Ordered to be printed 

Mr. HARKIN, from the Committee on Health, Education, Labor, and 

Pensions, submitted the following 

R E P O R T 

[To accompany H.R. 4366] 

The Committee on Health, Education, Labor, and Pensions, to 

which was referred the bill (H.R. 4366) to strengthen the Federal 

education research system to make research and evaluations more 

timely and relevant to State and local needs in order to increase 

student achievement, and for other purposes, having considered the 

same, reports favorably thereon with an amendment in the nature 

of a substitute, and recommends that the bill, as amended, do pass. 

CONTENTS 

Page 

I. Purpose and Summary .................................................................................. 1 

II. Background of Legislation ............................................................................. 2 

III. Legislative History and Committee Consideration ..................................... 2 

IV. Explanation of Legislation and Committee Views ...................................... 3 

V. Cost Estimate ................................................................................................. 8 

VI. Application of Law to the Legislative Branch ............................................. 8 

VII. Regulatory Impact Statement ....................................................................... 8 

VIII. Section-by-Section Analysis .......................................................................... 8 

IX. Changes in Existing Law .............................................................................. 15 

I. PURPOSE AND SUMMARY

The Senate concurs with the purpose as stated in H. Rept. 113– 

424. 

II. BACKGROUND OF LEGISLATION

In 2002, Congress enacted the Education Sciences Reform Act 

(ESRA) (Public Law 107–279), which also included the Educational 


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Technical Assistance Act (ETAA) and the National Assessment of 

Educational Progress Authorization Act (NAEPAA), to improve 

Federal education research efforts, to strengthen the quality of 

technical assistance provided to States, and to carry out the National Assessment for Educational Progress (NAEP). 

ESRA authorizes the Institute of Education Sciences (IES) as a 

semi-independent research entity in the U.S. Department of Education (the ‘‘Department’’). IES contains four research centers, including the National Center for Education Research (NCER), the 

National Center for Education Statistics (NCES), the National Center for Education Evaluation and Regional Assistance (NCEE), and 

the National Center for Special Education Research (NCSER). 

NCER conducts large scale research on education issues. NCES collects and publishes educational statistics. NCEE supports research 

efforts and activities and conducts large scale evaluations of Federal education programs. Finally, NCSER conducts research on 

issues related to students with disabilities. 

ETAA authorizes comprehensive centers within the Department 

to provide technical assistance to States and school districts related 

to implementation of Federal education laws and programs. ETAA 

also authorizes the Statewide Longitudinal Data Systems program 

to provide funding to States to improve their State education data 

systems, including appropriate privacy protections for student data 

within such systems. 

NAEPAA authorizes policies and funding for the implementation 

of the NAEP and the National Assessment Governing Board 

(NAGB). 

III. LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

Committee Consideration 

On September 17, 2014, the committee on Health, Education, 

Labor, and Pensions met in Executive Session to consider the 

Strengthening Education through Research Act of 2014 (SETRA). 

Senators Harkin and Alexander offered an amendment as a complete substitute, and it was agreed to unanimously by all members 

present. 

The Senate substitute to SETRA received support letters from 

the Knowledge Alliance; the Council of Chief State School Officers; 

Results for America; Alliance for Excellent Education; Education 

Northwest; Northwest Evaluation Association; SEDL; WestEd; 

Education Trust; the Data Quality Campaign; the Workforce Data 

Quality Campaign; the National Center for Learning Disabilities; 

Council for Exceptional Children; the Learning and Education Academic Research Network; Code.org; Collaborative for Academic, Social and Emotional Learning; Computing in the Core; the Higher 

Education Consortium for Special Education; RMC; CTAC; FHI360; 

SRI International; National Council of State Directors of Adult 

Education; Education Development Center; McREL; Measured 

Progress; and AdvanceED. 


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IV. EXPLANATION OF LEGISLATION AND COMMITTEE VIEWS

OVERVIEW

The Strengthening Education through Research Act (SETRA) 

would amend and reauthorize the Education Sciences Reform Act 

of 2002 for fiscal years 2015 through 2020. This legislation makes 

a number of improvements to the IES, a semi-independent institute 

within the Department of Education (the ‘‘Department’’) that conducts and oversees education research, the Statewide Longitudinal 

Data Systems program, the NAEP and the NAGB. The legislation: 

• Requires IES to identify research topics focused on ensuring 

that all students have the ability to obtain a high-quality education, improving access to and the quality of early childhood education, strengthening elementary and secondary schools, and increasing access to and completion of postsecondary education. 

• Makes education research more relevant and useful at the 

State and local levels. 

• Directs the Department’s comprehensive centers, which provide technical assistance to States on Federal education laws and 

programs, to prioritize serving the needs of school districts and 

schools with higher numbers of low-income students and schools 

identified for improvement. 

• Requires collaboration between the comprehensive centers and 

entities responsible for providing applied research, the regional 

educational laboratories, to States and school districts and clearly 

delineates the duties of each entity to ensure these efforts are 

streamlined, more aligned, and responsive to the needs of States 

and school districts. 

• Allows States and school districts to access useful, relevant information more quickly to help raise student achievement levels in 

the classroom. 

• Authorizes increases in the Federal investment in research 

and technical assistance in a fiscally responsible way, including 

providing a substantial increase in the authorization of funding for 

special education research. 

• Improves accountability and protects the taxpayers’ research 

investment by requiring regular evaluations of research and education programs by independent entities. 

• Strengthens privacy provisions to ensure that personally identifiable information collected by IES is secure and protected. 

• Designates IES as the primary evaluation arm of the Department to ensure an independent source conducts Federal education 

program evaluations. 

• Strengthens NAEP, commonly called the Nation’s Report card, 

which measures and reports student performance across the country, largely in reading and math, every two years. 

REGIONAL EDUCATIONAL LABORATORIES AND COMPREHENSIVE

CENTERS

The Committee on Health, Education, Labor, and Pensions (hereinafter ‘‘The committee’’) agrees with the intent of H.R. 4366 as 

passed by the House of Representatives to foster more collaboration 

between the regional educational laboratories (RELs) located in 

IES and the comprehensive centers located in the Office of ElemenVerDate Sep 11 2014 01:43 Nov 18, 2014 Jkt 049007 PO 00000 Frm 00003 Fmt 6659 Sfmt 6601 E:\HR\OC\SR275.XXX SR275

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tary and Secondary Education at the Department. The committee 

agrees with the House of Representatives language to clearly delineate and streamline the duties of each entity to ensure no overlap 

or duplication of activities. However, the committee struck the provisions in Section 206 of H.R. 4366 related to the reforms of the regional advisory committees in order to meet the intent for more collaboration. The committee heard from community stakeholders 

that collaboration could be developed between the RELs and comprehensive centers without requiring them all to report to regional 

advisory committees. Therefore, the Senate substitute to H.R. 4366 

inserts provisions to require stronger collaboration between the 

RELs and comprehensive centers, including by requiring members 

of each entity’s advisory boards to sit on the other entity’s advisory 

boards. The bill also enables each REL and comprehensive center 

to have its own advisory board if they so choose, but ensures that 

information about the work of each entity is broadly shared with 

other entities. 

Additionally, the committee is concerned with the House of Representatives language that would cap the number of RELs and 

comprehensive centers authorized under law. Instead of capping 

the number of each entity, the committee agreed to authorize 10 

RELs and 17 comprehensive centers. This is a change (and overall 

reduction) from current law which authorizes 10 RELs and no less 

than 20 comprehensive centers. In addition, the reauthorization 

gives the IES Evaluation and Regional Assistance Commissioner 

(the Evaluation Commissioner) authority to fund a lower number 

of RELs, or reorganize them, in consultation with the REL advisory 

boards. The Evaluation Commissioner will be able to take such an 

action if he or she determines that an insufficient number of RELs 

are meeting the needs of their regions, an insufficient number are 

meeting their performance indicators, or an insufficient number of 

eligible applicants have the capacity to meet those indicators. The 

committee intends that the Evaluation Commissioner take this 

step only if the conditions set forth in the statute relating to reducing or reorganizing the RELs are met. The committee believes that 

the existing framework—a network of 10 RELs serving 10 distinct 

regions—should not be disrupted unless there are persistent problems or a clear shortage of eligible applicants that have the ability 

to operate a REL effectively. 

Similarly, the reauthorization gives the Secretary of Education 

(Secretary) authority to fund a lower number of comprehensive centers beyond the overall reduction of the centers in the bill, or reorganize them, in consultation with the comprehensive center advisory boards. The Secretary will be able to take such an action only 

if he or she determines that an insufficient number of comprehensive centers are meeting the needs of their regions, an insufficient 

number are meeting their performance indicators, or an insufficient 

number of eligible applicants have the capacity to meet those indicators. The committee intends that the Secretary take this step 

only if the conditions set forth in the statute relating to reducing 

or reorganizing the centers are met. The committee believes that 

17 comprehensive centers should not be disrupted unless there are 

persistent problems or a clear shortage of eligible applicants that 

have the ability to operate a comprehensive center effectively. 


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PROMOTING INDEPENDENCE AT IES AND THE NATIONAL CENTER FOR

EDUCATION STATISTICS

The House Committee on Education and the Workforce noted 

that a goal of H.R. 4366 is to ensure that the IES and the research 

centers within IES can maintain their independence from politics 

and bias. The committee shares this goal and agrees with provisions in H.R. 4366 which designate IES as the primary entity responsible for conducting research on, and evaluations of, Federal 

education programs administered by the Department. This will 

help ensure objectivity and quality in evaluating the taxpayer investments in Federal programs. 

The committee also chose to preserve much of what the House 

had suggested in determining the appointment of the heads of the 

research centers, including language that would make the appointment of the Commissioner of the National Center for Education 

Statistics (NCES) a decision made by the IES Director rather than 

the President. This will help align the governance of NCES with 

all the other IES research centers to create a coherent governance 

structure at IES overall, as well as protect the NCES Commissioner position from political influence. It would also mirror the 

governance structure of two similar statistical agencies—the National Center for Health Statistics and the National Center for 

Science and Engineering Statistics—which do not have Presidentially appointed directors. However, given the vital role of the 

NCES and its historical importance within the Department as the 

main entity charged with gathering and producing education statistics, the committee feels that NCES should maintain a degree of 

autonomy different from that of the other research centers within 

IES. To that end, the committee changed a provision in H.R. 4366 

from requiring the IES Director’s approval of the NCES Commissioner’s plan for NCES activities to a provision that requires the 

NCES Commissioner to consult with the IES Director in the formulation of the plan. Rather than requiring the NCES Commissioner 

to have his or her Statistics Center plan approved by the IES Director, this change provides the NCES Commissioner with the 

needed flexibility and independence to marshal the resources and 

energies of the center in the direction and manner he or she sees 

fit. 

PRIORITIZING SERVICES FOR LOW-INCOME STUDENTS

The committee agrees with the provisions of H.R. 4366, as passed 

by the House of Representatives, to make education research more 

timely and relevant to States and school districts. The research and 

technical assistance provided by entities funded under this Act is 

critical to ongoing education improvement efforts around the Nation. Given the historical role of the Federal Government in improving education programs for low-income students, the committee 

added a provision in section 203 to ensure that comprehensive center grantees prioritize and serve schools identified for improvement 

and schools and school districts with a high percentage or number 

of low-income students. This prioritization will help to ensure that 

the schools and school districts most in need of the technical assistance provided by comprehensive centers receive it. 


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PROVIDING SERVICES TO THE BUREAU OF INDIAN EDUCATION

American Indian, Alaska Native, and Native Hawaiian students 

face unique educational obstacles and often have lower high school 

graduation rates and other educational outcomes than their peers. 

The committee believes a concerted effort must be made to improve 

educational services for American Indian, Alaska Native, and Native Hawaiian students. As such, the committee inserted a provision in section 203 to enable the Secretary to make arrangements 

as necessary, within the requirements of the overall structure of 

the comprehensive centers, to ensure that the Bureau of Indian 

Education and States or school districts serving large numbers of 

American Indian, Alaska Native, or Native Hawaiian students 

have access to the services of comprehensive centers. 

PROTECTING STUDENT AND INDIVIDUAL PRIVACY

The committee agrees with provisions of H.R. 4366, as passed by 

the House of Representatives, that protect individual student data 

and ensure that individually identifiable data should only be available to those that have a need to use the data. SETRA provides for 

extensive protection of individually identifiable information, consistent with current privacy laws, particularly with regard to data 

collections at NCES. The bill reauthorizes stringent penalties for 

any person who discloses or publishes data for other than statistical purposes or violates the Family Educational Rights and Privacy Act (FERPA) and other relevant Federal privacy laws. 

H.R. 4366 continues prohibitions around a national data base of individually identifiable information. It also aligns prohibition language with similar language in the Elementary and Secondary 

Education Act, denying Federal officials the ability to mandate, direct, or control State and local curriculum, programs of instruction, 

specific academic achievement or content standards or assessments, or allocation of State or local resources. Last, the bill makes 

changes to cooperative education statistics partnerships established 

under the bill, which assist States in improving data quality standards by ensuring they are voluntary, and will continue to not collect any student data. 

CLARIFYING POLICIES RELATED TO THE NATIONAL ASSESSMENT OF

EDUCATIONAL PROGRESS AND THE NATIONAL ASSESSMENT GOVERNING BOARD

As one of its duties, NAGB is responsible for overseeing and setting policy for NAEP. NAEP has long been regarded as a trusted, 

non-biased source on how well the Nation’s schools are educating 

students and raising performance levels. The committee agrees 

with provisions in H.R. 4366 that make some small changes related 

to NAEP. The bill clarifies NAGB’s role in selecting the subjects 

and setting the schedule for NAEP, in line with current law requirements, as well as providing input on annual budget requests 

for NAEP. The committee also agrees with provisions that clarify 

NAGB is responsible for the initial release of the NAEP reports, 

and NCES is responsible for the content of initial and subsequent 

NAEP reports to ensure such reports are valid and reliable. The 

committee intends the changes to the NAEP sections of H.R. 4366 

to align the legislation to match 25 years of practice, and provide 


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accuracy and clarity around the roles of NCES and NAGB with regards to NAEP and NAEP reports. 

NEW ADDITIONS

The committee made several new additions to H.R. 4366 to address areas of importance to the committee. For example, the committee included language making clear that IES peer reviewers of 

special education research must have an understanding of special 

education. Furthermore, the committee included a provision to ensure that research around early education focuses on improving access to early childhood education in addition to improving quality. 

The committee also added provisions to ensure Federal education 

research also focuses on adult education and literacy, where appropriate. 

The committee made additional changes to the National Center 

for Education Research (NCER) in addition to what was included 

in the House-passed legislation. First, the committee included language to allow for the Center to perform research on the acquisition of skills and competencies that will allow students to think 

critically, solve complex problems, and communicate effectively. 

This new authority was included in recognition of the importance 

of higher-order learning in the development of well-rounded students. Second, the committee made changes to allow the NCER 

Commissioner to disaggregate data based on other student characteristics as determined by the Commissioner in addition to the required categories of age, race, gender, disability, English learner 

status, and socio-economic background. Evidence suggests that certain students may be at risk for disproportionate rates of discipline 

in school, and providing this authority to the Commissioner would 

allow him or her to disaggregate data further, as warranted by the 

evidence, so long as any reported information does not reveal individually identifiable information. 

MODERNIZING STATEWIDE LONGITUDINAL DATA SYSTEMS

The committee concurs with the views expressed by the House 

Committee on Education and the Workforce in H. Rept. 113–424 as 

it relates to modernizing the Statewide Longitudinal Data Systems 

program. The committee specifically notes that SETRA allows 

grantees to align statewide longitudinal data systems from early 

education through postsecondary education and the workforce, so 

long as such alignment is consistent with privacy protections within the bill. In promoting alignment between early learning and K– 

12 education through this program, the committee urges the Department to seek applications from States that work to connect 

early education data to K–12 systems from multiple sources, such 

as early education data held by State educational agencies and, 

where applicable, early education data as described in the Head 

Start Act, 42 U.S.C. 9837b(1)(D)(i)(IV). In addition, the committee 

urges the Department to work closely with grantees to ensure the 

privacy of personally identifiable data included in these systems, 

including helping them meet the requirements of the FERPA and 

other relevant Federal privacy laws. 


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DENIAL AUTHORITY

H.R. 4366 includes a provision to ensure NCES is authorized to 

deny access to data if it believes the data is unnecessary for, or unrelated to, the proposed research design or intent, or if providing 

access to the information would introduce a risk of privacy violation. The committee added additional clarifying language to ensure 

that the denial authority granted to NCES only apply to non-public 

use data sets. 

V. COST ESTIMATE

Pending response from CBO. 

VI. APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

Section 102(b)(3) of Public Law 104–1, the Congressional Accountability Act, requires a description of the application of this bill 

to the legislative branch. H.R. 4366 reauthorizes the Education 

Sciences Reform Act and does not amend any act that applies to the 

legislative branch. 

VII. REGULATORY IMPACT STATEMENT

Pursuant to the Requirements of paragraph 11(b) of Rule XXVI 

of the Standing Rules of the Senate, the committee has determined 

that the bill will not have a significant regulatory impact. 

VIII. SECTION-BY-SECTION ANALYSIS

Section 1—Short title 

States the short title of the bill as the Strengthening Education 

through Research Act. 

Section 2—Table of contents 

Lists the Table of Contents of the bill. 

Section 3—Nonduplication 

In collecting and reporting information under this Act, this section directs the Secretary to not duplicate other requirements and 

use information and data from existing Federal, State, and local 

sources, in order to reduce burden and cost to the Department of 

Education, States, and local educational agencies. 

TITLE I—EDUCATION SCIENCES REFORM

Section 101—References 

References the Education Sciences Reform Act of 2002. 

Section 102—Definitions 

Amends Section 102 (20 U.S.C. 9501) by making changes to the 

definitions of ‘‘Bureau,’’ ‘‘dissemination,’’ ‘‘scientifically based research standards,’’ and ‘‘scientifically valid research.’’ Removes the 

definition of ‘‘Historically Black College or University’’ and adds 

definitions of ‘‘minority-serving institution,’’ ‘‘principles of scientific 

research,’’ ‘‘school leader,’’ and ‘‘adult education and literacy activities.’’ 


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Part A—The Institute of Education Sciences 

Section 111—Establishment 

Amends Section 111 (20 U.S.C. 9511) to ensure the mission of 

IES includes providing leadership on the understanding of adult 

education, in addition to early childhood, K–12, and postsecondary 

education. This mission should also include dissemination and utilization activities consistent with section 114(j). Clarifies all IES 

activities are free from disability bias, among other things. 

Section 112—Functions 

Amends Section 112 (20 U.S.C. 9512) to include evaluations of 

impact and implementation, make dissemination and utilization activities consistent with section 114(j), and specify dissemination of 

scientifically valid education evaluations. 

Section 113—Delegation 

Amends Section 113 (20 U.S.C. 9513) to delete subsection (a)(1), 

allow the Director to accept requests from the Secretary at his or 

her discretion for other activities of IES, and require consultation 

with the Director regarding contract acquisition and performance 

management. 

Section 114—Office of the Director 

Amends Section 114 (20 U.S.C. 9514) to grant an extension period of 1 year to the Director’s term in the event of a failure to find 

a successor; allow for reappointment of the Director for an additional term; clarify the recommendations the National Board for 

Education Sciences (Board) may make to the President with respect to the appointment of a Director; and clarify the responsibilities of the Director in coordinating IES research activities with 

public and private entities. The section also ensures IES work is 

disseminated and utilized by the Department of Education’s technical assistance providers and dissemination networks; centralizes 

the IES peer review process (including maintaining a peer review 

process wherein special education research is reviewed by those 

with an understanding of special education); and ensures the relevance, dissemination, and utilization of all IES research. 

Section 115—Priorities 

Amends Section 115 (20 U.S.C. 9515) to clarify the priorities of 

IES and clarifies that the Director will propose priorities to the 

Board at least once every 6 years. The priorities will include ensuring all students have access to a high-quality education, clarifying 

a focus on closing the achievement gap between students with disabilities and students without disabilities. The priorities will also 

include improving the access to and quality of early childhood education, improving K–12 education, and improving access to, and opportunities for, and completion of, postsecondary education and 

adult education. 

Section 116—National Board for Education Sciences 

Amends Section 116 (20 U.S.C. 9516) to clarify the Board’s responsibilities in providing input on IES activities, improving coordination with public and private entities, conducting evaluations of 


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IES and the research centers, and in ensuring relevance and dissemination of IES activities. Clarifies who may give advice regarding Board appointments; ensures two practitioners are on the 

Board; allows State leaders in adult education to be on the Board; 

clarifies term limitations of the Board and Executive Director; ensures independence of the Board; allows for flexibility in Board organization into smaller subcommittees; and requires the Board to 

make available every 5 years, with interim results available after 

3 years, a report by an independent entity that assesses the effectiveness of IES. 

Section 117—Commissioners of the National Education Centers 

Amends Section 117 (20 U.S.C. 9517) to clarify appointment of 

the Commissioners of all the research centers, stating the Statistics 

Center Commissioner is appointed by the Director. 

Section 118—Transparency 

Amends Section 119 (20 U.S.C. 9519) to require transparent reporting of all IES awards over $100,000. 

Section 120—Competitive awards 

Amends Section 120 (20 U.S.C. 9520) to make awarding competitive grants, contracts, and cooperative agreements consistent with 

Section 114(h). 

Part B—National Center for Education Research 

Section 131—Establishment 

Amends Section 131(b) (20 U.S.C. 9531(b)) to advance the priorities described in section 115 and disseminate all research of the 

Research Center, consistent with section 114(j). 

Section 132—Duties 

Amends Section 133 (20 U.S.C. 9533) to clarify the duties of the 

Commissioner for Education Research. 

Section 133—Standards for conduct and evaluation of research 

Amends Section 134 (20 U.S.C. 9534) to specify the use of scientifically valid research standards within the Research Center 

and to ensure dissemination and utilization activities are consistent with Section 114(j). 

Part C—National Center for Education Statistics 

Section 151—Establishment 

Amends Section 151(b) (20 U.S.C. 9541(b)) to ensure privacy protection in all reports and that such reports are disseminated consistent with section 114(j). 

Section 152—Duties 

Amends Section 153 (20 U.S.C. 9543) to ensure privacy protection across all Statistics Center work, amends the duties of the Statistics Commissioner, and updates the statistical data that the Statistics Center shall collect to include information on graduation 

rate, career and technical education, school climate, teaching and 


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school leadership, and adult education, among other topics. Removes the House bill requirement that the NCES Commissioner 

submit his/her plan for the Statistics Center to the IES Director for 

approval. Instead, the NCES Commissioner has to consult with the 

IES Director when developing his/her plan for the agency, but does 

not need approval. 

Section 153—Performance of duties 

Amends Section 154 (20 U.S.C. 9544) to require applications 

from entities that wish to receive a grant, or enter into a contract 

or cooperative agreement under this section. 

Section 154—Reports 

Amends Section 155 (20 U.S.C. 9545) to ensure all reports are reviewed consistent with peer review requirements in Section 114(h). 

Section 155—Dissemination 

Amends Section 156 (20 U.S.C. 9546) to ensure adherence to student privacy requirements in all joint statistical projects and clarify 

who may access data housed by the Statistics Center. Provides 

NCES with the ability to deny access to non-public use data if the 

data requested would be unnecessary for, or unrelated to, the proposed research design or intent, or if request would introduce a 

risk of a privacy violation or misuse of data. 

Section 156—Cooperative education statistics systems 

Amends Section 157 (20 U.S.C. 9547) to clarify cooperative education statistics partnerships allow for voluntary partnerships 

aimed at creating data quality standards and to ensure such partnerships do not collect data or create a national student data system. 

Part D—National Center for Education Evaluation and Regional 

Assistance 

Section 171—Establishment 

Amends Section 171 (20 U.S.C. 9561) to allow for evaluation of 

implementation of Federal education programs and to make dissemination activities consistent with section 114(j). 

Section 172—Commissioner for education evaluation and regional 

assistance 

Amends Section 172 (20 U.S.C. 9562) to require wide dissemination of all Evaluation Center research and statistics consistent with 

Section 114(j), especially of those items that relate to the priorities 

listed in Section 115. Also requires applications from entities that 

wish to receive a grant, or enter into a contract or cooperative 

agreement under this section. 

Section 173—Evaluations 

Amends Section 173 (20 U.S.C. 9563) to require high-quality 

evaluations, including impact evaluations, consistent with the Center’s mission, list other evaluation activities that the Center may 

support, and require dissemination of each evaluation conducted by 

the Center. 


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Section 174—Regional educational laboratories for research, development, dissemination, and technical assistance 

Amends Section 174 (20 U.S.C. 9564) to maintain the regional 

educational laboratories program at 10 awards (subject to reduction 

if the Evaluation and Regional Assistance Commissioner, in consultation with the regional education laboratory advisory boards, 

determines that a fewer number of awards, or a new structure of 

awards, is more appropriate); change the list of entities with whom 

the Evaluation and Regional Assistance Commissioner may enter 

into grants, contracts, or cooperative agreements; maintain the allowance of regional educational laboratory advisory boards, but 

makes them optional; specify the requirements all eligible applicants must adhere to; stipulate the activities of each regional educational laboratory; dictate how new awards must be made; amend 

the annual report each awardee must submit; and require an appropriation reservation for the regional educational laboratory program. Also requires interim and summative evaluations of each regional educational laboratory. 

Part E—National Center for Special Education Research 

Section 175—Establishment 

Amends Section 175(b) (20 U.S.C. 9567(b)) to update the mission 

of the National Center for Special Education Research to promote 

quality and integrity with respect to special education research and 

scientifically valid research findings in special education. 

Section 176—Commissioner for Special Education Research 

Amends Section 176 (20 U.S.C. 9567a) to include youth with disabilities in the list of the Special Education Research Commissioner’s required subjects of expertise. 

Section 177—Duties 

Amends Section 177 (20 U.S.C. 9567b) to expand the duties of 

the Special Education Research Commissioner. 

Part F—General Provisions 

Section 182—Prohibitions 

Updates Section 182 (20 U.S.C. 9572) to align current law prohibitions with Elementary and Secondary Education Act prohibitions 

prohibiting the Federal Government from mandating, directing, or 

controlling specific academic achievement and content standards or 

assessments within a State, local educational agency, or school, or 

from using funds to endorse, approve, or sanction any curriculum 

to be used in early education, K–12 schools, or an institution of 

higher education. 

Section 183—Confidentiality 

Amends Section 183 (20 U.S.C. 9573) to allow for identification 

of specific schools in IES publications so long as no individually 

identifiable information is disclosed. Also clarifies volunteers at 

IES or those who provide uncompensated services are subject to 

punishment for privacy violations. 


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Section 184—Availability of data 

Amends Section 184 (20 U.S.C. 9574) to broaden the dissemination of IES data through electronic means. 

Section 185—Performance management 

Amends Section 185 (20 U.S.C. 9575) to require the Director to 

improve the performance management system governing all IES 

activities, to include developing measurable performance indicators 

to evaluate and improve activities, and to establish formal feedback 

mechanisms to meet stakeholder needs. 

Section 186—Authority to publish 

Amends Section 186(b) (20 U.S.C. 9576(b)) to clarify the Director 

must provide the Secretary and other relevant offices with an advance copy of publications under this section before their public release. 

Section 187—Repeals 

Repeals Sections 187 (20 U.S.C. 9577) and 193 (20 U.S.C. 9583). 

Section 188—Fellowships 

Amends Section 189 (20 U.S.C. 9579) to specify fellowships established under this section within institutions of higher education, including minority-serving institutions, must relate to education and 

the mission of each national education center. 

Section 189—Authorization of appropriations 

Amends Section 194 (20 U.S.C. 9584) regarding the authorization 

of appropriations for this title. 

TITLE II—EDUCATIONAL TECHNICAL ASSISTANCE

Section 201—References 

References the Educational Technical Assistance Act of 2002. 

Section 202—Definitions 

Amends Section 202 (20 U.S.C. 9601) to define ‘‘school leader.’’ 

Section 203—Comprehensive Centers 

Amends Section 203 (20 U.S.C. 9602) to reduce the current number of comprehensive centers to 17 (subject to further reduction if 

the Secretary of Education, in consultation with the comprehensive 

center advisory boards, determines that a fewer number of centers, 

or new structure of centers, is more appropriate); maintain the allowance of comprehensive center advisory boards, but makes them 

optional; clarify the regions each center shall serve; change the list 

of entities with whom the Secretary may enter into grants, contracts, or cooperative agreements; authorize the Secretary to make 

necessary arrangements to ensure the Bureau of Indian Education 

and States and school districts serving high numbers or percentages of American Indian, Alaska Native, or Native Hawaiian students have access to services, subject to the overall requirements 

of the comprehensive centers; specify the requirements all eligible 

applicants must adhere to, including the responsiveness to regional 

needs of each center and how the applicant will prioritize and serve 


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schools and school districts with a high percentage or number of 

low-income students; stipulate the activities of each comprehensive 

center; dictate how new awards must be made; and amend the annual report each award must submit. 

Section 204—Evaluations 

Amends Section 204 (20 U.S.C. 9603) to require interim and 

summative evaluations of each comprehensive center. 

Section 205—Existing technical assistance providers 

Repeals Section 205 (20 U.S.C. 9604). 

Section 206—Regional Advisory Committees 

Repeals Section 206 (20 U.S.C. 9605). 

Section 207—Priorities 

Amends Section 207 (20 U.S.C. 9606) to require the Secretary 

and Director to establish priorities for regional educational laboratories and comprehensive centers using the relevant results of national and regional surveys of educational needs. 

Section 208—Grant program for statewide longitudinal data systems 

Amends Section 208 (20 U.S.C. 9607) to require data systems to 

be consistent with requirements of the Elementary and Secondary 

Education Act, Higher Education Act, and the Individuals with 

Disabilities Education Act; allow for subgranting of funds to local 

educational agencies; add a performance management system for 

data systems; require systems align early education through postsecondary education and the workforce data, consistent with privacy protections; prioritize applications that demonstrate capacity 

to share teacher and school leader data with local educational 

agencies and teacher and school leader preparation programs; and 

require reports on the implementation and effectiveness of the activities carried out under the grants in this section. 

Section 209—Authorization of appropriations 

Amends Section 209 (20 U.S.C. 9608) regarding the authorization 

of appropriations for this title. 

TITLE III—NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

Section 301—References 

References the National Assessment of Educational Progress Authorization Act. 

Section 302—National Assessment Governing Board 

Amends Section 302 (20 U.S.C. 9621) to clarify that the National 

Assessment Governing Board oversees and sets policies for the National Assessment of Educational Progress in line with its duties; 

specify school leaders as members of the Assessment Board; clarify 

how vacancies on the Assessment Board are filled; and expand and 

clarify the duties of the Assessment Board. 


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Section 303—National Assessment of Educational Progress 

Amends Section 303 (20 U.S.C. 9622) to clarify the role of the 

Commissioner for Education Statistics with regard to the National 

Assessment of Educational Progress and dictate the Commissioner 

is responsible for the content of initial and subsequent National Assessment of Educational Progress reports to ensure validity and reliability. Requires schools to participate in the National Assessment of Educational Progress as required by the Elementary and 

Secondary Education Act and clarifies the national consensus approach in setting achievement levels for the test. 

Section 304—Definitions 

Amends Section 304 (20 U.S.C. 9623) to define ‘‘elementary 

school,’’ ‘‘secondary school,’’ and ‘‘school leader.’’ 

Section 305—Authorization of appropriations 

Amends Section 305(a) (20 U.S.C. 9624(a)) regarding the authorization of appropriations for this title. 

TITLE IV—EVALUATION PLAN

Section 401—Research and evaluation 

States the IES shall be the primary entity for conducting research on, and evaluations of, Federal education programs within 

the Department of Education to ensure the rigor and independence 

of such research and evaluation. Details authority for reservation 

and consolidation of funds to carry out high-quality evaluations of 

programs authorized under the Elementary and Secondary Education Act. Specifies requirements related to the development of a 

biennial evaluation plan, including how all programs under the Elementary and Secondary Education Act will be regularly evaluated, 

and requires the dissemination of evaluation findings. 

IX. CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill as 

reported are shown as follows: Existing law proposed to be omitted 

is enclosed in øblack brackets¿, new matter is printed in italic, existing law in which no change is proposed is shown in roman: 

* * * * * * * 

Public Law 107–279 

Act of November 5, 2002 

* * * * * * * 

SECTION 1. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

Sec. 1. Table of contents. 

Sec. 2. Nonduplication. 

TITLE I—EDUCATION SCIENCES REFORM 

Sec. 101. Short title. 

Sec. 102. Definitions. 


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PART A—THE INSTITUTE OF EDUCATION SCIENCES

Sec. 111. Establishment. 

Sec. 112. Functions. 

Sec. 113. Delegation. 

Sec. 114. Office of the Director. 

Sec. 115. Priorities. 

Sec. 116. National Board for Education Sciences. 

Sec. 117. Commissioners of the National Education Centers. 

Sec. 118. Agreements. 

øSec. 119. Biennial report.¿ 

Sec. 119. Transparency. 

Sec. 120. Competitive awards. 

PART B—NATIONAL CENTER FOR EDUCATION RESEARCH

Sec. 131. Establishment. 

Sec. 132. Commissioner for Education Research. 

Sec. 133. Duties. 

Sec. 134. Standards for conduct and evaluation of research. 

PART C—NATIONAL CENTER FOR EDUCATION STATISTICS

Sec. 151. Establishment. 

Sec. 152. Commissioner for Education Statistics. 

Sec. 153. Duties. 

Sec. 154. Performance of duties. 

Sec. 155. Reports. 

Sec. 156. Dissemination. 

øSec. 157. Cooperative education statistics systems.¿ 

Sec. 157. Cooperative education statistics partnerships. 

Sec. 158. State defined. 

PART D—NATIONAL CENTER FOR EDUCATION EVALUATION AND REGIONAL

ASSISTANCE

Sec. 171. Establishment. 

Sec. 172. Commissioner for Education Evaluation and Regional Assistance. 

Sec. 173. Evaluations. 

øSec. 174. Regional educational laboratories for research, development, dissemination, and technical assistance.¿ 

Sec. 174. Regional educational laboratories for research, development, dissemination, and evaluation. 

PART E—GENERAL PROVISIONS

Sec. 181. Interagency data sources and formats. 

Sec. 182. Prohibitions. 

Sec. 183. Confidentiality. 

Sec. 184. Availability of data. 

Sec. 185. Performance management. 

Sec. 186. Authority to publish. 

øSec. 187. Vacancies.¿ 

Sec. 188. Scientific or technical employees. 

Sec. 189. Fellowships. 

Sec. 190. Voluntary service. 

Sec. 191. Rulemaking. 

Sec. 192. Copyright. 

øSec. 193. Removal.¿ 

Sec. 194. Authorization of appropriations. 

TITLE II—EDUCATIONAL TECHNICAL ASSISTANCE 

Sec. 201. Short title. 

Sec. 202. Definitions. 

Sec. 203. Comprehensive centers. 

Sec. 204. Evaluations. 

øSec. 205. Existing technical assistance providers.¿ 

øSec. 206. Regional advisory committees.¿ 

Sec. 207. Priorities. 

Sec. 208. Grant program for statewide, longitudinal data systems. 

Sec. 209. Authorization of appropriations. 


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TITLE III—NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS 

Sec. 301. Short title. 

Sec. 302. Definitions. 

Sec. 303. Authorization of appropriations. 

TITLE IV—AMENDATORY PROVISIONS 

Sec. 401. Redesignations. 

Sec. 402. Amendments to Department of Education Organization Act. 

Sec. 403. Repeals. 

Sec. 404. Conforming and technical amendments. 

Sec. 405. Orderly transition. 

Sec. 406. Impact aid. 

* * * * * * * 

SEC. 2. NONDUPLICATION. 

In collecting information and data under this Act, including requiring the reporting of information and data, the Secretary of Education shall, to the extent appropriate, not duplicate other requirements and shall use information and data that are available from 

existing Federal, State, and local sources, in order to reduce burden 

and cost to the Department of Education, States, local educational 

agencies (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), and other entities. 

* * * * * * * 

Education Sciences Reform Act of 2002 

* * * * * * * 

SEC. 102. DEFINITIONS. 

In this title: 

(1) IN GENERAL.—* * * 

(2) ADULT EDUCATION; ADULT EDUCATION AND LITERACY ACTIVITIES.—The terms ‘‘adult education’’ and ‘‘adult education 

and literacy activities’’ have the meanings given the terms in 

section 203 of the Adult Education and Family Literacy Act (20 

U.S.C. 9202). 

(2)(3) APPLIED RESEARCH.—* * * 

(A) * * * 

* * * * * * * 

(3)(4) BASIC RESEARCH.—The term ‘‘basic research’’ means 

research.— 

(A) * * * 

* * * * * * * 

(4)(5) * * * 

(5)(6) BUREAU.—The term ‘‘Bureau’’ means the Bureau of 

Indian øAffairs¿Education. 

(6)(7) * * * 

(7)(8) * * * 

(8)(9) * * * 

(9)(10) * * * 

(10)(11) DISSEMINATION.—The term ‘‘dissemination’’ means 

the communication and transfer of the results of scientifically 

valid research, statistics, and evaluations, or other information, 

in a timely manner and in forms that are understandable, easily accessible, and usable, or adaptable for use in, the improvement of educational practice by teachers, school leaders, adVerDate Sep 11 2014 01:43 Nov 18, 2014 Jkt 049007 PO 00000 Frm 00017 Fmt 6659 Sfmt 6601 E:\HR\OC\SR275.XXX SR275

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ministrators, librarians, other practitioners, researchers, parents, policymakers, and the public, through technical assistance, publications, electronic transfer, and other means. 

(11)(12) EARLY CHILDHOOD EDUCATOR.—* * * 

ø(13) HISTORICALLY BLACK COLLEGE OR UNIVERSITY.—The 

term ‘‘historically Black college or university’’ means a part B 

institution as defined in section 322 of the Higher Education 

Act of 1965 (20 U.S.C. 1061).¿ 

(13) ENGLISH LEARNER.—The term ‘‘English learner’’ means 

an individual who is limited English proficient, as defined in 

section 9101 of the Elementary and Secondary Education Act of 

1965 (20 U.S.C. 7801) or section 637 of the Head Start Act (42 

U.S.C. 9832). 

(12)(14) 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, school leaders, and other 

practitioners) and that conforms to standards of scientifically 

valid research. 

(14)(15) * * * 

(15)(16) * * * 

(17) MINORITY-SERVING INSTITUTION.—The term ‘‘minorityserving institution’’ means an institution of higher education 

described in section 371(a) of the Higher Education Act of 1965 

(20 U.S.C. 1067q(a)). 

(16)(18) NATIONAL RESEARCH AND DEVELOPMENT CENTER.— 

The term ‘‘national research and development center’’ means a 

research and development center supported under øsection 

133(c)¿section 133(d). 

(19) PRINCIPLES OF SCIENTIFIC RESEARCH.—The term ‘‘principles of scientific research’’ means principles of research that— 

(A) apply rigorous, systematic, and objective methodology to obtain reliable and valid knowledge relevant to 

education activities and programs; 

(B) present findings and make claims that are appropriate to, and supported by, the methods that have been 

employed; and 

(C) include, appropriate to the research being conducted— 

(i) use of systematic, empirical methods that draw 

on observation or experiment; 

(ii) use of data analyses that are adequate to support the general findings; 

(iii) reliance on measurements or observational 

methods that provide reliable and generalizable findings; 

(iv) strong claims of causal relationships, only 

with research designs that eliminate plausible competing explanations for observed results, such as, but 

not limited to, random-assignment experiments; 

(v) presentation of studies and methods 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; 


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(vi) acceptance by a peer-reviewed journal or critique by a panel of independent experts through a comparably rigorous, objective, and scientific review; and 

(vii) consistency of findings across multiple studies 

or sites to support the generality of results and conclusions. 

(17)(20) PROVIDER OF EARLY CHILDHOOD SERVICES.—* * * 

(A) * * * 

* * * * * * * 

(21) SCHOOL LEADER.—The term ‘‘school leader’’ means a 

principal, assistant principal, or other individual who is— 

(A) an employee or officer of— 

(i) an elementary school or secondary school; 

(ii) a local educational agency serving an elementary school or secondary school; or 

(iii) another entity operating the elementary school 

or secondary school; and 

(B) responsible for the daily instructional leadership 

and managerial operations of the elementary school or secondary school. 

ø(18) SCIENTIFICALLY BASED RESEARCH STANDARDS.—(A) 

The term ‘‘scientifically based research standards’’ means research standards that— 

ø(i) apply rigorous, systematic, and objective 

methodology to obtain reliable and valid knowledge 

relevant to education activities and programs; and 

ø(ii) present findings and make claims that are 

appropriate to and supported by the methods that 

have been employed. 

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

being conducted— 

ø(i) employing systematic, empirical methods that 

draw on observation or experiment; 

ø(ii) involving data analyses that are adequate to 

support the general findings; 

ø(iii) relying on measurements or observational 

methods that provide reliable data; 

ø(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); 

ø(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; 

ø(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 

ø(vii) using research designs and methods appropriate to the research question posed.¿ 

(19)(22) SCIENTIFICALLY VALID EDUCATION EVALUATION.— 

* * * 


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(A) * * * 

* * * * * * * 

(20)(23) 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 øscientifically based research standards¿the principles of 

scientific research. 

(21)(24) * * * 

(22)(25) * * * 

(23)(26) * * * 

(A) * * * 

* * * * * * * 

PART A—THE INSTITUTE OF EDUCATION 

SCIENCES 

SEC. 111. ESTABLISHMENT. 

(a) ESTABLISHMENT.—* * * 

(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, including adult education, in order to provide 

parents, educators, students, researchers, policymakers, and 

the general public with reliable information about— 

(A) * * * 

* * * * * * * 

(2) CARRYING OUT MISSION.—In carrying out the mission 

described in paragraph (1), the Institute shall compile statistics, develop products, and conduct research, evaluations, øand 

wide dissemination activities¿and, consistent with section 

114(j), wide dissemination and utilization activities in areas of 

demonstrated national need ø(including in technology areas)¿ 

that are supported by Federal funds appropriated to the Institute and ensure that such activities— 

(A) * * * 

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

and are free of partisan political influence and racial, cultural, gender, disability, or regional bias. 

* * * * * * * 

(c) Organization.—* * * 

(1) * * * 

* * * * * * * 

SEC. 112. FUNCTIONS. 

From funds appropriated under section 194, 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 (including 


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evaluations of impact and implementation), development, and 

wide dissemination and utilization; 

(2) widely disseminate, consistent with section 114(j), the 

findings and results of scientifically valid research in education 

and scientifically valid education evaluations carried out under 

this title; 

(3) * * * 

* * * * * * * 

SEC. 113. DELEGATION. 

(a) DELEGATION OF AUTHORITY.— * * * 

ø(1) nothing in this title or in the National Assessment of 

Educational Progress Authorization Act (except section 

302(e)(1)(J) of such Act) 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 302(e)(1)(E)) from those authorized by the National Education Statistics Act of 1994 (20 

U.S.C. 9001 et seq.) on the day before the date of enactment 

of this Act;¿ 

ø(2)¿(1) * * * 

ø(3)¿(2) * * * 

ø(4)¿(3) * * * 

ø(5)¿(4) * * * 

* * * * * * * 

(b) OTHER ACTIVITIES.—The øSecretary may assign the Institute responsibility for administering¿Director may accept requests 

from the Secretary for the Institute to administer other activities, if 

those activities are consistent with— 

(1) * * * 

* * * * * * * 

(c) CONTRACT ACQUISITION.—With respect to any contract entered into under this title, the Director shall be consulted— 

(1) during the procurement process; and 

(2) in the management of such contract’s performance, 

which shall be consistent with the requirements of the performance management system described in section 185. 

* * * * * * * 

SEC. 114. OFFICE OF THE DIRECTOR. 

(a) APPOINTMENT.—øExcept as provided in subsection (b)(2), 

the¿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, except that if a successor to the Director has not been appointed 

as of the date of expiration of the Director’s term, the Director 

may serve for an additional 1-year period, beginning on the day 

after the date of expiration of the Director’s term, or until a successor has been appointed under subsection (a), whichever occurs first. 


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ø(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 the date of enactment 

of this Act) to serve as the first Director of the Institute.¿ 

(2) REAPPOINTMENT.—A Director may be reappointed under 

subsection (a) for one additional term. 

(3) øSUBSEQUENT DIRECTORS¿RECOMMENDATIONS.—The 

Board may make recommendations to the President with respect to the appointment of a Director under subsection (a)ø, other than a Director appointed under paragraph (2)¿. 

* * * * * * * 

(f) DUTIES.—* * * 

(1) * * * 

* * * * * * * 

(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, and, as appropriate, with such research 

and activities carried out by public and private entities, to 

avoid duplicative or overlapping efforts. (4) To advise the Secretary on research, evaluation, and 

statistics activities, and the use of evidence relevant to the activities of the Department. 

(5) To establish and maintain necessary procedures for 

technical and scientific peer review of the activities of the Institute, consistent with section 116(b)(3) and subsection (h). (6) * * * 

(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, disability 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 øhistorically Black colleges or 

universities¿minority-serving institutions or other institutions 

of higher education with large numbers of minority students. 

ø(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.¿ 

(9) To coordinate with the Secretary to ensure that the results of the Institute’s work are coordinated with, and utilized 

by, the Department’s technical assistance providers and dissemination networks. 

ø(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.¿ 

ø(11) To coordinate the wide dissemination of information 

on scientifically valid research.¿ 

ø(12)¿(10) * * * 

(g) EXPERT GUIDANCE AND ASSISTANCE.—* * * 


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(h) PEER-REVIEW SYSTEM.—The Director shall establish and 

maintain a peer-review system involving highly qualified individuals, including practitioners, as appropriate, with an in-depth 

knowledge of the subject to be investigated, including, in the case 

of special education research, an understanding of special education, for— 

(1) reviewing and evaluating each application for a grant or cooperative agreement under this title that exceeds $100,000; 

and 

(2) evaluating and assessing all reports and other products that exceed $100,000 to be published and publicly released by 

the Institute. 

ø(h)¿(i) REVIEW.—The Director may, when requested by other 

officers of the Department, and shall, when directed by the Secretary, review øthe products and¿ publications of other offices of 

the Department to øcertify that evidence-based claims about those 

products and¿determine whether evidence-based claims in those 

publications are scientifically valid. 

(j) RELEVANCE, DISSEMINATION, AND UTILIZATION.—To ensure 

all activities authorized under this title are rigorous, relevant, and 

useful for researchers, policymakers, practitioners, and the public, 

the Director shall— 

(1) ensure such activities address significant challenges 

faced by practitioners, and increase knowledge in the field of 

education; 

(2) ensure that the information, products, and publications 

of the Institute are— 

(A) prepared and widely disseminated— 

(i) in a timely fashion; and 

(ii) in forms that are understandable, easily accessible, and usable, or adaptable for use in, the improvement of educational practice; and 

(B) widely disseminated through electronic transfer, 

and other means, such as posting to the Institute’s website 

or other relevant place; 

(3) promote the utilization of the information, products, 

and publications of the Institute, including through the use of 

dissemination networks and technical assistance providers, 

within the Institute and the Department; and 

(4) monitor and manage the performance of all activities 

authorized under this title in accordance with section 185. 

* * * * * * * 

SEC. 115. PRIORITIES. 

(a) PROPOSAL.—The Director shall propose to the Board priorities for the Institute ø(taking into consideration long-term research and development on core issues conducted through the national research and development centers)¿at least once every 6 

years. 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.), 

øsuch as¿including— 


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(1) ensuring that all students have the ability to obtain a 

high-quality education, particularly closing the achievement 

gap between high-performing and ølow-performing children¿low-performing students, øespecially achievement gaps 

between¿ minority and ønonminority children¿nonminority 

students, students with disabilities and students without disabilities, øand between disadvantaged children and such children’s¿and disadvantaged students and such students’ more 

advantaged peers; øand¿ 

ø(2) ensuring— 

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

ø(B) access to, and opportunities for, postsecondary 

education; and 

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

and cost-effectiveness of technology use within the Nation’s 

schools.¿ 

(2) improving access to and the quality of early childhood 

education; 

(3) improving education in elementary schools and secondary schools, particularly among low-performing students 

and schools; and 

(4) improving access to, opportunities for, and completion of 

postsecondary education and adult education. 

* * * * * * * 

(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 øby means of the Internet¿by electronic means 

such as posting in an easily accessible manner on the Institute’s 

website 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.—* * * 

* * * * * * * 

SEC. 116. NATIONAL BOARD FOR EDUCATION SCIENCES. 

(a) ESTABLISHMENT.—* * * 

(b) DUTIES.—* * * 

(1) * * * 

(2) To consider and approve priorities proposed by the Director under section 115 øto guide the work of the Institute¿, 

and to advise, and provide input to, the Director on the activities of the Institute on an ongoing basis. (3) To review and approve procedures under section 114(h) 

for technical and scientific peer review of the activities of the 

Institute. 

(4) * * * 

* * * * * * * 


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(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, disability, or regional bias. 

(9) øTo solicit¿To ensure all activities of the Institute are 

relevant to education policy and practice by soliciting, on an ongoing basis, 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, øconsistent with¿consistent with section 114(j) and 

the priorities and mission of the Institute. 

(10) * * * 

(11) To recommend to the Director ways to enhance the Institute’s strategic partnerships and collaborative efforts øamong 

other Federal and State research agencies¿with public and private entities to improve the work of the Institute. (12) * * * 

(13) To conduct the evaluations required under subsection 

(d). 

(c) COMPOSITION.— (1) VOTING MEMBERS.—* * * 

(2) ADVICE.—The President shall solicit advice regarding 

individuals to serve on the Board from the Board, National 

Academy of Sciences, the National Science Board, øand the National Science Advisor¿the National Science Advisor, and other 

entities and organizations that have knowledge of individuals 

who are highly qualified to appraise education research, statistics, evaluations, or development. (3) NONVOTING EX OFFICIO MEMBERS.—* * * 

(A) * * * 

* * * * * * * 

(4) APPOINTED MEMBERSHIP.— (A) QUALIFICATIONS.—* * * 

(i) Not fewer than 8 researchers in the field of statistics, evaluation, social sciences, or physical and biological sciencesø, which may include those researchers 

recommended by the National Academy of Sciences¿. (ii) Not fewer than 2 practitioners who are knowledgeable about the education needs of the United 

States, who may include school-based professional educators, teachers, school leaders, local educational agency superintendents, and members of local boards of 

education or Bureau-funded school boards. 

ø(ii)¿(iii) Individuals who are knowledgeable 

about the educational needs of the United States, who 

may include øschool-based professional educators,¿ 

parents (including parents with experience in promoting parental involvement in education), Chief 

State School Officers, State postsecondary education 

executives, State leaders in adult education, presidents 

of institutions of higher education, ølocal educational 

agency superintendents,¿ early childhood experts, 

øprincipals,¿ members of State øor local¿ boards of 


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education øor 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, beginning on the date 

of appointment of the member, except that— 

ø(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— 

ø(I) 4 years for each of 5 members; 

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

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

ø(ii)¿(i) no member appointed under such paragraph shall serve for more than 2 consecutive 

termsø.¿; and 

(ii) in a case in which a successor to a member has 

not been appointed as of the date of expiration of the 

member’s term, the member may serve for an additional 1-year period, beginning on the day after the 

date of expiration of the member’s term, or until a successor has been appointed under paragraph (1), whichever occurs first. 

ø(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.¿ 

ø(D)¿(C) * * * 

* * * * * * * 

(8) POWERS OF THE BOARD.— (A) IN GENERAL.—In the exercise of its duties under 

subsection (b) and in accordance with the Federal Advisory 

Committee Act (5 U.S.C. App.), the Board shall be independent of the Director and the other offices and officers of 

the Institute. 

ø(A)¿(B) EXECUTIVE DIRECTOR.—The Board shall have 

an Executive Director who shall be appointed by the Board 

for a term of not more than 6 years, and who may be reappointed by the Board for 1 additional term of not more 

than 6 years. 

ø(B)¿(C) * * * 

ø(C)¿(D) * * * 

ø(D)¿(E) * * * 

ø(E)¿(F) * * * 

(G) SUBCOMMITTEES.—The Board may establish standing or temporary subcommittees to make recommendations 

to the Board for carrying out activities authorized under 

this title. 

(9) MEETINGS.—* * * 

* * * * * * * 

ø(d) STANDING COMMITTEES.— 

ø(1) ESTABLISHMENT.—The Board may establish standing 

committees— 


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

Centers; and 

ø(B) to advise, consult with, and make recommendations to the Director and the Commissioner of the appropriate National Education Center. 

ø(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— 

ø(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; 

ø(B) ex officio members of the Board; and 

ø(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. 

ø(3) DUTIES.—Each standing committee shall— 

ø(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; 

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

evaluation of the operations of the applicable National 

Education Center; 

ø(C) review and comment on the relevant plan for activities to be undertaken by the applicable National Education Center for each fiscal year; and 

ø(D) report periodically to the Board regarding the activities of the committee and the applicable National Education Center.¿ 

ø(e)¿(d) øANNUAL¿EVALUATION REPORT.—øThe Board¿ 

(1) IN GENERAL.—The Board shall submit to the Director, 

the Secretary, and the appropriate congressional committees, 

ønot later than July 1 of each year, a report¿and make widely 

available to the public (including by electronic means such as 

posting in an easily accessible manner on the Institute’s 

website), a report once every 5 years 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. 

(2) REQUIREMENTS.—An evaluation report described in 

paragraph (1) shall include— 

(A) subject to paragraph (3), an evaluation of the activities authorized for each of the National Education Centers, which— 


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(i) uses the performance management system described in section 185; and 

(ii) is conducted by an independent entity; 

(B) a review of the Institute to ensure its work, consistent with the requirements of section 114(j), is timely, 

rigorous, and relevant; 

(C) any recommendations regarding actions that may 

be taken to enhance the ability of the Institute and the National Education Centers to carry out their priorities and 

missions; 

(D) a summary of the major research findings of the 

Institute and the activities carried out under section 113(b) 

during the 3 preceding fiscal years; and 

(E) interim findings made widely available to the public (including by electronic means such as posting in an 

easily accessible manner on the Institute’s website) 3 years 

after the independent entity has begun reviewing the work 

of the Institute. 

(3) NATIONAL CENTER FOR EDUCATION EVALUATION AND REGIONAL ASSISTANCE.—With respect to the National Center for 

Education Evaluation and Regional Assistance, an evaluation 

report described in paragraph (1) shall contain— 

(A) an evaluation described in paragraph (2)(A) of the 

activities authorized for such Center, except for the regional 

educational laboratories established under section 174; and 

(B) a summative or interim evaluation, whichever is 

most recent, for each such laboratory conducted under section 174(i) on or after the date of enactment of the 

Strengthening Education through Research Act or, in a 

case in which such an evaluation is not available for a laboratory, the most recent evaluation for the laboratory conducted prior to the date of enactment of such Act. 

ø(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 the date of enactment of this Act 

and a final report not later than 5 years after such date of enactment.¿ 

* * * * * * * 

SEC. 117. COMMISSIONERS OF THE NATIONAL EDUCATION CENTERS. 

(a) APPOINTMNT OF COMMISSIONERS.— 

(1) IN GENERAL.—øExcept as provided in subsection (b), 

each¿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 Commissioner to carry out the functions of a National 

Education Center without regard to the provisions of title 5, 

United States Code, governing appointments in the competitive 

service, and the provisions of chapter 51 and subchapter III of 


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chapter 53 of such title relating to classification and General 

Schedule pay rates. 

(2) PAY AND QUALIFICATIONS.—øExcept as provided in subsection (b), each¿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, statistics, or evaluation. 

(3) SERVICE.—øExcept as provided in subsection (b), 

each¿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) * * * 

* * * * * * * 

ø(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— 

ø(1) have substantial knowledge of programs assisted by 

the National Center for Education Statistics; 

ø(2) receive the rate of basic pay for level IV of the Executive Schedule; and 

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

every sixth June 21, beginning in 2003.¿ 

ø(c)¿(b) * * * 

ø(d)¿(c) SUPERVISION AND APPROVAL.—Each Commissionerø, 

except the Commissioner for Education Statistics,¿ shall carry out 

such Commissioner’s duties under this title under the supervision 

and subject to the approval of the Director. 

* * * * * * * 

SEC. 118. AGREEMENTS. 

* * * 

øSEC. 119. BIENNIAL REPORT. 

øThe 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: 

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

through the National Education Centers during the prior fiscal 

years. 

ø(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. 

ø(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. 


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ø(4) Such additional comments, recommendations, and materials as the Director considers appropriate.¿ 

SEC. 119. TRANSPARENCY. 

Not later than 120 days after awarding a grant, contract, or cooperative agreement under this title in excess of $100,000, the Director shall make publicly available (including through electronic 

means such as posting in an easily accessible manner on the Institute’s website) a description of the grant, contract, or cooperative 

agreement, including, at a minimum, the amount, duration, recipient, and the purpose of the grant, contract, or cooperative agreement. 

* * * * * * * 

SEC. 120. COMPETITIVE AWARDS. 

Activities carried out under this Act through grants, contracts, 

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

competitive basis and, øwhen practicable¿consistent with section 

114(h), through a process of peer review. 

* * * * * * * 

PART B—NATIONAL CENTER FOR EDUCATION 

RESEARCH 

SEC. 131. ESTABLISHMENT. 

(a) ESTABLISHMENT.—* * * 

(b) MISSION.—* * * 

ø(1) to sponsor sustained research that will lead to the accumulation of knowledge and understanding of education, to— 

ø(A) ensure that all children have access to a highquality education; 

ø(B) improve student academic achievement, including 

through the use of educational technology; 

ø(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 

ø(D) improve access to, and opportunity for, postsecondary education;¿ 

(1) to sponsor sustained research that will lead to the accumulation of knowledge and understanding of education, consistent with the priorities described in section 115; 

(2) * * * 

(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; øand¿ 

(4) to promote scientifically valid research findings that 

can provide the basis for improving academic instruction and 

lifelong learningø.¿; and 

(5) consistent with section 114(j), to widely disseminate and 

promote utilization of the work of the Research Center. 

* * * * * * * 


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SEC. 133. DUTIES. 

(a) GENERAL DUTIES.—* * * 

(1) maintain published øpeer-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 

ø(2) propose to the Director a research plan that— 

ø(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 

ø(B) shall be carried out pursuant to paragraph (4) 

and, as appropriate, be updated and modified;¿ 

ø(3)¿(2) * * * 

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

carry out scientifically valid research that— 

ø(A) uses objective and measurable indicators, including timelines, that are used to assess the progress and results of such research; 

ø(B) meets the procedures for peer review established 

by the Director under section 114(f)(5) and the standards 

of research described in section 134; and 

ø(C) includes both basic research and applied research, which shall include research conducted through 

field-initiated research and ongoing research initiatives;¿ 

ø(5)¿(3) promote the use of scientifically valid research in 

the implementation of programs carried out by the Department 

and other agencies within the Federal Government, including 

active participation in interagency research projects described 

in section 118; 

ø(6)¿(4) * * * 

ø(7)¿(5) synthesize and ødisseminate, through the National 

Center for Education Evaluation and Regional Assistance,¿widely disseminate, consistent with section 114(j), the 

findings and results of education research conducted or supported by the Research Center; 

ø(8)¿(6) assist the øDirector¿Board in the preparation øof 

a biennial report, as described in section 119¿and dissemination of each evaluation report under section 116(d); 

ø(9)¿(7) 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, and which may include research on social and emotional 

learning, and the acquisition of competencies and skills, including the ability to think critically, solve complex problems, evaluate evidence, and communicate effectively, as approved by the 

Director; 

(8) to the extent time and resources allow, when findings 

from previous research under this part provoke relevant follow 

up questions, carry out research initiatives on such follow up 

questions; 

øø(10)¿(9) carry out research initiatives regarding the impact of technology, including— 

ø(A) research into how technology affects student 

achievement; 


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ø(B) long-term research into cognition and learning 

issues as they relate to the uses of technology; 

ø(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 

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

technology and Internet-based resources in the classroom, 

including an understanding how these resources are being 

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

(9) carry out research initiatives, including rigorous, peerreviewed, large-scale, long-term, and broadly applicable empirical research, regarding the impact of technology on education, 

including online education and hybrid learning; 

ø(11)¿(10) 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.)ø.¿; and 

(11) to the extent feasible, carry out research on the quality 

of implementation of practices and strategies determined to be 

effective through scientifically valid research. 

ø(b) ELIGIBILITY.—Research carried out under subsection (a) 

through contracts, grants, or cooperative agreements shall be carried out only by recipients with the ability and capacity to conduct 

scientifically valid research.¿ 

(b) PLAN.—The Research Commissioner shall propose to the Director and, subject to the approval of the Director, implement a research plan for the activities of the Research Center that— 

(1) is consistent with the priorities and mission of the Institute and the mission of the Research Center described in section 

131(b), and includes the activities described in subsection (a); 

(2) is carried out and, as appropriate, updated and modified, including through the use of the results of the Research 

Center’s most recent evaluation report under section 116(d); 

(3) describes how the Research Center will use the performance management system described in section 185 to assess and 

improve the activities of the Center; 

(4) meets the procedures for peer review established and 

maintained by the Director under section 114(f)(5) and the 

standards of research described in section 134; and 

(5) includes both basic research and applied research, 

which shall include research conducted through field-initiated 

research and ongoing research initiatives. 

(c) GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS.— (1) IN GENERAL.—The Research Commissioner may award 

grants to, or enter into contracts or cooperative agreements 

with, eligible applicants to carry out research under subsection 

(a). 


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(2) ELIGIBILITY.—For purposes of this subsection, the term 

‘‘eligible applicant’’ means an applicant that has the ability and 

capacity to conduct scientifically valid research. 

(3) APPLICATIONS.— (A) IN GENERAL.—An eligible applicant that wishes to 

receive a grant, or enter into a contract or cooperative 

agreement, under this section shall submit an application 

to the Research Commissioner at such time, in such manner, and containing such information as the Research Commissioner may require. 

(B) CONTENT.—An application submitted under subparagraph (A) shall describe how the eligible applicant will 

address and demonstrate progress on the requirements of 

the performance management system described in section 

185, with respect to the activities that will be carried out 

under the grant, contract, or cooperative agreement. 

ø(c)¿(d) NATIONAL RESEARCH AND DEVELOPMENT CENTERS.— 

ø(1) SUPPORT.—In carrying out activities under subsection 

(a)(3), the Research Commissioner shall support not less than 

8national 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.¿ 

(1) SUPPORT.—In carrying out activities under subsection 

(a)(2), the Research Commissioner shall support national research and development centers that address topics of importance and relevance in the field of education across the country 

and are consistent with the Institute’s priorities under section 

115. 

ø(2) TOPICS OF RESEARCH.—The Research Commissioner 

shall support the following topics of research, through national 

research and development centers or through other means: 

ø(A) Adult literacy. 

ø(B) Assessment, standards, and accountability research. 

ø(C) Early childhood development and education. 

ø(D) English language learners research. 

ø(E) Improving low achieving schools. 

ø(F) Innovation in education reform. 

ø(G) State and local policy. 

ø(H) Postsecondary education and training. 

ø(I) Rural education. 

ø(J) Teacher quality. 

ø(K) Reading and literacy.¿ 

ø(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 


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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.¿ 

ø(4)¿(2) 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 

ønotwithstanding section 134(b),¿notwithstanding section 

114(h), may be renewed without competition for not more than 

ø5 additional¿2 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; 

øand¿ 

(B) merits renewal (applying the procedures and 

standards established in section 134)ø.¿; and 

(C) demonstrates progress on the requirements of the 

performance management system described in section 185. 

ø(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.¿ 

ø(6)¿(3) CONTINUATION OF AWARDS.—The Director shall 

continue awards made to the national research and development centers that are in effect on the day before the date of 

enactment of this Act in accordance with the terms of those 

awards and may renew them in accordance with øparagraphs 

(4) and (5)¿paragraph 2. 

øø(7)¿(4) DISAGGREGATION.—To the extent feasible, research conducted under this subsection shall be disaggregated 

by age, race, gender, and socioeconomic backgroundø.¿; and¿ 

(4) DISAGGREGATION.—To the extent feasible and when relevant to the research being conducted, research conducted 

under this subsection shall be disaggregated and cross-tabulated by age, race, gender, disability status, English learner 

status, socioeconomic background, and other population characteristics as determined by the Research Commissioner, so long 

as any reported information does not reveal individually identifiable information. 

* * * * * * * 

SEC. 134. STANDARDS FOR CONDUCT AND EVALUATION OF RESEARCH. 

(a) IN GENERAL.—* * * 

(1) ensure that all research conducted under the direction 

of the Research Center follows scientifically øbased¿valid research standards; 

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

govern the conduct and evaluation of all research, development, øand wide dissemination activities¿and, consistent with 

section 114(j), wide dissemination and utilization activities carried out by the Research Center to assure that such activities 

meet the highest standards of professional excellence; 

(3) * * * 

* * * * * * * 


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ø(b) PEER REVIEW.— ø(1) IN GENERAL.—The Director shall establish a peer review system, involving highly qualified individuals with an indepth 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. 

ø(2) EVALUATION.—The Research Commissioner shall— 

ø(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 

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

award of a research grant, contract, or cooperative agreement at the conclusion of the award.¿ 

ø(c)¿(b) * * * 

* * * * * * * 

PART C—NATIONAL CENTER FOR EDUCATION 

STATISTICS 

SEC. 151. ESTABLISHMENT. 

(a) * * * 

(b) MISSION.—* * * 

(1) * * * 

(2) to report education information and statistics in a timely manner and consistent with the privacy protections under 

section 183; and 

(3) * * * 

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

and is free of partisan political influence and racial, cultural, disability, gender, or regional bias; and 

ø(B) is relevant and useful to practitioners, researchers, policymakers, and the public.¿ 

(B) is consistent with section 114(j), is relevant, timely, 

and widely disseminated. 

* * * * * * * 

SEC. 153. DUTIES. 

(a) GENERAL DUTIES.—The Statistics Center shall, consistent 

with the privacy protections under section 183, collect, report, analyze, and disseminate statistical data related to education in the 

United States and in other nations, including— 

(1) * * * 

(A) * * * 

* * * * * * * 

ø(D) secondary school completions, dropouts, and adult 

literacy and reading skills;¿ 

(D) secondary school graduation and completion rates, 

including the four-year adjusted cohort graduation rate (as 

defined in section 200.19(b)(1)(i)(A) of title 34, Code of FedVerDate Sep 11 2014 01:43 Nov 18, 2014 Jkt 049007 PO 00000 Frm 00035 Fmt 6659 Sfmt 6603 E:\HR\OC\SR275.XXX SR275

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eral Regulations, as such section was in effect on November 

28, 2008) and the extended-year adjusted cohort graduation 

rate (as defined in section 200.19(b)(1)(v)(A) of title 34, 

Code of Federal Regulations, as such section was in effect 

on November 28, 2008), and school dropout rates, and 

adult literacy; 

(E) access to, øand opportunity for,¿opportunity for, 

and completion of postsecondary education, including data 

on financial aid to postsecondary students; 

ø(F) teaching, including— 

ø(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 

ø(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;¿ 

(F) teaching and school leadership, including information on teacher and school leader pre-service preparation, 

professional development, teacher distribution, and teacher 

and school leader evaluation; 

(G) instruction, the conditions of the education workplace, and the supply of, and demand for, teachers and 

school leaders; 

(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, climate, and in- and out-ofschool suspensions and expulsions, including information 

regarding— 

(i) * * * 

* * * * * * * 

ø(K) the existence and use of educational technology 

and access to the Internet by students and teachers in elementary schools and secondary schools;¿ 

(K) the access to, and use of, technology to improve elementary schools and secondary schools; 

(L) access to, øand opportunity for,¿opportunity for, 

and quality of early childhood education; 

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

after-school programs (including øsuch programs during 

school recesses¿summer school); 

(N) student participation in and completion of secondary and postsecondary øvocational¿career and technical 

education programs by specific program area; øand¿ 

(O) the existence and use of school libraries; and 

(P) access to, and opportunity for, adult education and 

literacy activities; 

(2) * * * 

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

the extent feasible, information by gender, race, ethnicity, socioeconomic status, ølimited English proficiency¿English learnVerDate Sep 11 2014 01:43 Nov 18, 2014 Jkt 049007 PO 00000 Frm 00036 Fmt 6659 Sfmt 6601 E:\HR\OC\SR275.XXX SR275

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er status, mobility, disability, urban, rural, suburban districts, 

and other population characteristics, øwhen such disaggregated information will facilitate educational and policy decisionmaking¿so long as any reported information does not reveal 

individually identifiable information; 

(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, and the implementation (with 

the assistance of the Department and other Federal officials 

who have statutory authority to provide assistance on applicable privacy laws, regulations, and policies) of appropriate privacy protections; 

(5) ødetermining voluntary standards and guidelines to assist¿providing technical assistance to 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.), øpromote linkages across States,¿ and 

protect student privacy consistent with section 183, to improve 

student academic achievement and close achievement gaps; 

(6) acquiring and disseminating data on educational activities and student achievement (such as the øThird¿Trends in 

International Math and Science Study and the Program for 

International Student Assessment) in the United States compared with foreign nations; 

(7) conducting longitudinal and special data collections 

necessary to report on the condition and progress of 

educationø;¿ and ensuring such collections protect student privacy consistent with section 183; and 

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

report, as described in section 119; and¿ 

(8) assisting the Board in the preparation and dissemination of each evaluation report under section 116(d). 

ø(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) PLAN.—The Statistics Commissioner shall develop a plan in 

consultation with the Director and implement a plan for activities 

of the Statistics Center that— 

(1) is consistent with the priorities and mission of the Institute and the mission of the Statistics Center described in section 

151(b); 

(2) is carried out and, as appropriate, updated and modified, including through the use of the results of the Statistic 

Center’s most recent evaluation report under section 116(d); and 

(3) describes how the Statistics Center will use the performance management system described in section 185 to assess and 

improve the activities of the Center. 


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ø(b)¿(c) * * * 

* * * * * * * 

SEC. 154. PERFORMANCE OF DUTIES. 

(a) GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS.—øIn 

carrying¿ 

(1) IN GENERAL.—In carrying out the duties under this 

part, the Statistics Commissioner, may award grants, enter 

into contracts and cooperative agreements, and provide technical assistance to eligible applicants. (2) ELIGIBILITY.—For purposes of this section, the term ‘‘eligible applicant’’ means an applicant that has the ability and 

capacity to carry out activities under this part. 

(3) APPLICATIONS.— (A) IN GENERAL.—An eligible applicant that wishes to 

receive a grant, or enter into a contract or cooperative 

agreement, under this section shall submit an application 

to the Statistics Commissioner at such time, in such manner, and containing such information as the Statistics 

Commissioner may require. 

(B) CONTENTS.—An application submitted under subparagraph (A) shall describe how the eligible applicant will 

address and demonstrate progress on the requirements of 

the performance management system described in section 

185, with respect to the activities that will be carried out 

under the grant, contract, or cooperative agreement. 

(b) GATHERING INFORMATION.— (1) SAMPLING.—* * * 

(2) SOURCE OF INFORMATION.—* * * 

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

private schools, preschools, institutions of higher education, øvocational and¿career and technical education programs, 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) * * * 

* * * * * * * 

(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 

ø5 years¿2 years if the recipient demonstrates progress on the requirements of the performance management system described in section 185, with respect to the activities carried out under the grant, 

contract, or cooperative agreement received under this section. 

* * * * * * * 

SEC. 155. REPORTS. 

(a) PROCEDURES FOR ISSUANCE OF REPORTS.—The Statistics 

Commissioner, shall establish procedures, in accordance with section 186, to ensure that the reports issued under this section are 

relevant, of high quality, useful to customers, subject to rigorous 


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peer review (consistent with section 114(h)), produced in a timely 

fashion, and free from any partisan political influence. 

(b) REPORT ON CONDITION AND PROGRESS OF EDUCATION.—Not 

later than June 1, ø2003¿2015, and each June 1 thereafter, the 

Statistics Commissioner, 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.—* * * 

* * * * * * * 

SEC. 156. DISSEMINATION. 

(a) GENERAL REQUESTS.— 

(1) * * * 

* * * * * * * 

(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. Such projects 

shall adhere to student privacy requirements under section 183. 

* * * * * * * 

(e) ACCESS.— (1) OTHER AGENCIES.—The Statistics Center shall, consistent with section 183, cooperate with other Federal agencies 

having a need for educational data in providing access to educational data received by the Statistics Center. Before receiving 

access to educational data under this paragraph, a Federal 

agency shall describe to the Statistics Center the specific research intent for use of the data, how access to the data may 

meet such research intent, and how the Federal agency will protect the confidentiality of the data consistent with the requirements of section 183. 

(2) INTERESTED PARTIES.—The Statistics Center shall, in 

accordance with such terms and conditions as the Center may 

prescribe and consistent with section 183, 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. Before receiving access to data 

under this paragraph, an interested party shall describe to the 

Statistics Center the specific research intent for use of the data, 

how access to the data may meet such research intent, and how 

the party will protect the confidentiality of the data consistent 

with the requirements of section 183. 

(3) DENIAL AUTHORITY.—The Statistics Center shall have 

the authority to deny any requests for access to data under 

paragraph (1) or (2) if the data requested would be unnecessary for or unrelated to the proposed research design or research intent, or if the request would introduce risk of a privacy violation or misuse of data. 

(4) APPLICABILITY OF REQUIREMENTS.—The requirements 

described under the second sentence of paragraph (1) and the 


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second sentence of paragraph (2) and the authority under paragraph (3) shall not apply to public use data sets. 

* * * * * * * 

SEC. 157. COOPERATIVE EDUCATION STATISTICS øSYSTEMS¿PARTNERSHIPS. 

The Statistics Center may establish 1 or more ønational cooperative education statistics systems¿cooperative education statistics 

partnerships for the purpose of øproducing and maintaining, with 

the cooperation¿reviewing and improving, with the voluntary participation of the States, øcomparable and uniform¿data quality 

standards, which may include establishing voluntary guidelines to 

standardize information and data on early childhood education, elementary and secondary education, postsecondary education, øadult 

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

policymaking at the Federal, State, and local levels. No student 

data shall be collected by the partnerships established under this 

section, nor shall such partnerships establish a national student 

data system. 

* * * * * * * 

PART D—NATIONAL CENTER FOR EDUCATION 

EVALUATION AND REGIONAL ASSISTANCE 

SEC. 171. ESTABLISHMENT. 

(a) ESTABLISHMENT.—* * * 

(b) MISSION.—* * * 

ø(1) to provide technical assistance;¿ 

ø(2)¿(1) to conduct evaluations of Federal education programs administered by the Secretary (and as time and resources allow, other education programs) to determine the impact øof such programs (especially on student academic 

achievement in the core academic areas of reading, mathematics, and science)¿and to evaluate the implementation of 

such programs; 

ø(3)¿(2) to support synthesis øand wide dissemination of 

results of¿and, consistent with section 114(j), the wide dissemination and utilization of results of all evaluation, research, and 

products developed; and 

ø(4)¿(3) * * * 

ø(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.¿ 

* * * * * * * 

SEC. 172. COMMISSIONER FOR EDUCATION EVALUATION AND REGIONAL ASSISTANCE. 

(a) IN GENERAL.—* * * 

(1) * * * 

ø(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 conVerDate Sep 11 2014 01:43 Nov 18, 2014 Jkt 049007 PO 00000 Frm 00040 Fmt 6659 Sfmt 6601 E:\HR\OC\SR275.XXX SR275

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stituencies, especially with respect to information relating to, 

at a minimum— 

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

and science; 

ø(B) closing the achievement gap between high-performing students and low-performing students; 

ø(C) educational practices that improve academic 

achievement and promote learning; 

ø(D) education technology, including software; and 

ø(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 

the date of enactment of this Act);¿ 

(2) widely disseminate, consistent with section 114(j), all information on scientifically valid research and statistics supported by the Institute and all scientifically valid education 

evaluations supported by the Institute, 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 the priorities described in section 115; 

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

timely, and efficient manner, consistent with section 114(j) (including through use of a searchable Internet-based online database øthat 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 ødevelopment and dissemination¿development, dissemination, and utilization of educational 

research, products and processes, øthe 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 

øsubsection (d)¿subsection (e), and other sources of digital information on education research; and 

(6) assist the øDirector¿Board in the øpreparation of a biennial report¿preparation and dissemination of each evaluation 

report, described in section ø119; and¿116(d). 

ø(7) award a contract for a pre-Kindergarten through 

grade 12 mathematics and science teacher clearinghouse.¿ 

(b) ADDITIONAL DUTIES.—* * * 

(1) ensure that all information disseminated under this 

section is provided in a cost-effective, nonduplicative manner 

that includes the most current research findingsø, 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 


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Act existed on the day before the date of enactment of this 

Act)¿; 

(2) * * * 

* * * * * * * 

ø(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 the date of enactment of this Act)) for the 

duration of those awards, in accordance with the terms and agreements of such awards.¿ 

(c) PLAN.—The Evaluation and Regional Assistance Commissioner shall propose to the Director and, subject to the approval of 

the Director, implement a plan for the activities of the National 

Center for Education Evaluation and Regional Assistance that— 

(1) is consistent with the priorities and mission of the Institute and the mission of the Center described in section 171(b); 

(2) is carried out and, as appropriate, updated and modified, including through the use of the results of the Center’s 

most recent evaluation report under section 116(d); and 

(3) describes how the Center will use the performance management system described in section 185 to assess and improve 

the activities of the Center. 

(d) GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS.— (1) IN GENERAL.—In carrying out the duties under this 

part, the Evaluation and Regional Assistance Commissioner 

may— 

(A) award grants, contracts, or cooperative agreements 

to eligible applicants to carry out the activities under this 

part; and 

(B) provide technical assistance. 

(2) ELIGIBILITY.—For purposes of this section, the term ‘‘eligible applicant’’ means an applicant that has the ability and 

capacity to carry out activities under this part. 

(3) ENTITIES TO CONDUCT EVALUATIONS.—In awarding 

grants, contracts, or cooperative agreements under paragraph 

(1) to carry out activities under section 173, the Evaluation and 

Regional Assistance Commissioner shall make such awards to 

eligible applicants with the ability and capacity to conduct scientifically valid education evaluations. 

(4) APPLICATIONS.— (A) IN GENERAL.—An eligible applicant that wishes to 

receive a grant, contract, or cooperative agreement under 

paragraph (1) shall submit an application to the Evaluation and Regional Assistance Commissioner at such time, 

in such manner, and containing such information as the 

Commissioner may require. 

(B) CONTENTS.—An application submitted under subparagraph (A) shall describe how the eligible applicant will 

address and demonstrate progress on the requirements of 

the performance management system described in section 

185, with respect to the activities carried out under such 

grant, contract, or cooperative agreement. 


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(5) DURATION.—Notwithstanding any other provision of 

law, the grants, contracts, and cooperative agreements under 

paragraph (1) 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 Evaluation and Regional Assistance Commissioner for an additional period of not more than 2 years if the 

recipient demonstrates progress on the requirements of the performance management system described in section 185, with respect to the activities carried out under the grant, contract, or 

cooperative agreement. 

ø(d)¿(e) NATIONAL LIBRARY OF EDUCATION.— (1) Establishment.—øThere is established within the National Center for Education Evaluation and Regional Assistance¿The Evaluation and Regional Assistance Commissioner 

may establish a National Library of Education that shall— 

(A) * * * 

* * * * * * * 

(2) INFORMATION.—* * * 

(A) all products and publications developed through, 

or supported by, the Institute; and 

(B) * * * 

(i) * * * 

* * * * * * * 

(ii) developed by the Department, other Federal 

agencies, or entities (including entities supported 

under the Educational Technical Assistance Act of 

ø2002 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 the date of enactment of this Act))).¿2002). 

* * * * * * * 

SEC. 173. EVALUATIONS. 

(a) IN GENERAL.— 

(1) REQUIREMENTS.—In carrying out its missions, the National Center for Education Evaluation and Regional Assistance ømay¿shall— 

(A) conduct or support øevaluations¿high-quality evaluations, including impact evaluations that use rigorous 

methodologies that permit the strongest possible causal inferences, consistent with the Center’s mission as described 

in section 171(b); 

(B) evaluate programs under title I of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 6301 et 

seq.), including programs under part A of such title (20 

U.S.C. 6311 et seq.); 

ø(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;¿ 


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ø(D)¿(C) coordinate the activities of the National Center for Education Evaluation and Regional Assistance with 

other evaluation activities in the Department; 

ø(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;¿ 

ø(F)¿(D) establish evaluation methodology; øand¿ 

ø(G) assist the Director in the preparation of the biennial report, as described in section 119.¿ 

(E) provide evaluation findings in an understandable, 

easily accessible, and usable format to support program improvement; 

(F) support the evaluation activities described in section 401 of the Strengthening Education through Research 

Act that are carried out by the Director; and 

(G) to the extent feasible— 

(i) examine evaluations conducted or supported by 

others to determine the quality and relevance of the evidence of effectiveness generated by those evaluations, 

with the approval of the Director; 

(ii) review and supplement Federal education program evaluations, particularly such evaluations by the 

Department, to determine or enhance the quality and 

relevance of the evidence generated by those evaluations; 

(iii) conduct implementation evaluations that promote continuous improvement and inform policymaking; 

(iv) evaluate the short- and long-term effects and 

cost efficiencies across programs assisted or authorized 

under Federal law and administrated by the Department; and 

(v) synthesize the results of evaluation studies for 

and across Federal education programs, policies, and 

practices. 

(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; 

øand¿ 

(B) be subject to rigorous peer-reviewø.¿ under section 

114(h); and 

(C) be widely disseminated, consistent with section 

114(j). 

(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 171(b), shall administer all operations and øcontracts¿grants, contracts, or cooperative agreements 

associated with evaluations authorized by part E of title I of the 

Elementary and Secondary Education Act of 1965 (20 U.S.C. 6491 


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et seq.) and administered by the Department as of the date of enactment of this Act. 

* * * * * * * 

SEC. 174. REGIONAL EDUCATIONAL LABORATORIES FOR RESEARCH, 

DEVELOPMENT, DISSEMINATION, AND øTECHNICAL ASSISTANCE¿EVALUATION. 

(a) REGIONAL EDUCATIONAL LABORATORIES.—øThe Director¿Except as provided in subsection (e)(8), the Evaluation and Regional Assistance Commissioner shall enter into øcontracts¿grants, 

contracts, or cooperative agreements 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. 

* * * * * * * 

(c) ELIGIBLE APPLICANTS.—øThe Director¿ 

(1) IN GENERAL.—The Evaluation and Regional Assistance 

Commissioner may enter into øcontracts under this section 

with research organizations, institutions, agencies, institutions 

of higher education,¿grants, contracts, or cooperative agreements under this section with public or private, nonprofit or 

for-profit research organizations, other organizations, or institutions of higher education, or partnerships among such entities, 

øor individuals,¿ with the demonstrated ability or capacity to 

carry out the activities described in this sectionø, 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 the date of enactment of this Act) and title XIII of the Elementary and Secondary Education Act of 1965 (as such title existed on the day 

before the date of enactment of the No Child Left Behind Act 

of 2001 (Public Law 107–110))¿. 

(2) DEFINITION.—For purposes of this section, the term ‘‘eligible applicant’’ means an entity described in paragraph (1). 

ø(d) APPLICATIONS.— 

ø(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. 

ø(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 207 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. 

ø(e) ENTERING INTO CONTRACTS.— 

ø(1) IN GENERAL.—In entering into contracts under this 

section, the Director shall— 

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


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ø(B) ensure that regional educational laboratories established under this section have strong and effective governance, organization, management, and administration, 

and employ qualified staff. 

ø(2) COORDINATION.—In order to ensure coordination and 

prevent unnecessary duplication of activities among the regions, the Evaluation and Regional Assistance Commissioner 

shall— 

ø(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; 

ø(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; 

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

each regional educational laboratory awarded a contract 

under this section also serve national interests; and 

ø(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. 

ø(3) OUTREACH.—In conducting competitions for contracts 

under this section, the Director shall— 

ø(A) actively encourage eligible entities to compete for 

such awards by making information and technical assistance relating to the competition widely available; and 

ø(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 title in the regions to be served 

by the regional educational laboratories and how those 

educational needs could be addressed most effectively. 

ø(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. 

ø(5) STANDARDS.—The Evaluation and Regional Assistance 

Commissioner shall establish a system for technical and peer 

review to ensure that applied research activities, researchbased reports, and products of the regional educational laboratories are consistent with the research standards described in 

section 134 and the evaluation standards adhered to pursuant 

to section 173(a)(2)(A). 

ø(f) CENTRAL MISSION AND PRIMARY FUNCTION.—Each regional 

educational laboratory awarded a contract under this section shall 


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support applied research, development, wide dissemination, and 

technical assistance activities by— 

ø(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— 

ø(A) the administration and implementation of programs under the Elementary and Secondary Education Act 

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

ø(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— 

ø(i) the core academic subjects of mathematics, 

science, and reading; 

ø(ii) English language acquisition; 

ø(iii) education technology; and 

ø(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 

ø(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; 

ø(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— 

ø(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 

ø(B) the National Center for Education Evaluation 

and Regional Assistance; 

ø(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; 

ø(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 userfriendly, replicable school-based classroom applications geared 


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toward promoting increased student achievement, including 

using applied research to assist in solving site-specific problems and assisting in development activities (including highquality and on-going professional development and effective parental involvement strategies); 

ø(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; 

ø(6) collaborating and coordinating services with other 

technical assistance providers funded by the Department of 

Education; 

ø(7) assisting in gathering information on school finance 

systems to promote improved access to educational opportunities and to better serve all public school students; 

ø(8) assisting in gathering information on alternative administrative structures that are more conducive to planning, 

implementing, and sustaining school reform and improved academic achievement; 

ø(9) bringing teams of experts together to develop and implement school improvement plans and strategies, especially in 

low-performing or high poverty schools; and 

ø(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. 

ø(g) ACTIVITIES.—Each regional educational laboratory awarded a contract under this section shall carry out the following activities: 

ø(1) Collaborate with the National Education Centers in 

order to— 

ø(A) maximize the use of research conducted through 

the National Education Centers in the work of such laboratory; 

ø(B) keep the National Education Centers apprised of 

the work of the regional educational laboratory in the field; 

and 

ø(C) inform the National Education Centers about additional research needs identified in the field. 

ø(2) Consult with the State educational agencies and local 

educational agencies in the region in developing the plan for 

serving the region. 

ø(3) Develop strategies to utilize schools as critical components in reforming education and revitalizing rural communities in the United States. 

ø(4) Report and disseminate information on overcoming 

the obstacles faced by educators and schools in high poverty, 

urban, and rural areas. 

ø(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 


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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. 

ø(h) GOVERNING BOARD AND ALLOCATION.— ø(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— 

ø(A) establish a governing board that— 

ø(i) reflects a balanced representation of— 

ø(I) the States in the region; 

ø(II) the interests and concerns of regional 

constituencies; and 

ø(III) technical expertise; 

ø(ii) includes the chief State school officer or such 

officer’s designee of each State represented in such 

board’s region; 

ø(iii) includes— 

ø(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 

ø(II) other representatives of the organizations described in subclause (I), as required by 

State law in effect on the day before the date of 

enactment of this Act; 

ø(iv) is the sole entity that— 

ø(I) guides and directs the laboratory in carrying out the provisions of this subsection and satisfying the terms and conditions of the contract 

award; 

ø(II) determines the regional agenda of the 

laboratory; 

ø(III) engages in an ongoing dialogue with the 

Evaluation and Regional Assistance Commissioner 

concerning the laboratory’s goals, activities, and 

priorities; and 

ø(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; 

ø(v) ensures that the regional educational laboratory attains and maintains a high level of quality in 

the laboratory’s work and products; 

ø(vi) establishes standards to ensure that the regional educational laboratory has strong and effective 

governance, organization, management, and administration, and employs qualified staff; 

ø(vii) directs the regional educational laboratory 

to carry out the laboratory’s duties in a manner that 


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will make progress toward achieving the State education goals and reforming schools and educational 

systems; and 

ø(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 

ø(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. 

ø(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). 

ø(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— 

ø(1) share information about the activities each laboratory 

is carrying out; 

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

ø(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 

ø(4) otherwise devise means by which the work of the individual laboratories could serve national, as well as regional, 

needs. 

ø(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.¿ 

(d) APPLICATIONS.— 

(1) SUBMISSION.— (A) IN GENERAL.—Each eligible applicant desiring a 

contract grant, contract, or cooperative agreement under 

this section shall submit an application at such time, in 

such manner, and containing such information as the Evaluation and Regional Assistance Commissioner may reasonably require. 


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(B) INPUT.—To ensure that applications submitted 

under this paragraph are reflective of the needs of the regions to be served, each eligible applicant submitting such 

an application shall seek input from State educational 

agencies and local educational agencies in the region that 

the award will serve, and other individuals with knowledge 

of the region’s needs. 

(2) PLAN.— (A) IN GENERAL.—Each application submitted under 

paragraph (1) shall contain a plan for the activities of the 

regional educational laboratory to be established under this 

section, which shall be updated, modified, and improved, 

as appropriate, on an ongoing basis, including by using the 

results of the laboratory’s interim evaluation under subsection (i)(3). 

(B) CONTENTS.—A plan described in subparagraph (A) 

shall address— 

(i) the priorities for applied research, development, 

evaluations, and wide dissemination established under 

section 207; 

(ii) the needs of State educational agencies and 

local educational agencies, on an ongoing basis, using 

available State and local data; and 

(iii) if available, demonstrated support from State 

educational agencies and local educational agencies in 

the region, such as letters of support or signed memoranda of understanding. 

(3) NON-FEDERAL SUPPORT.—In conducting a competition 

for grants, contracts, or cooperative agreements under subsection (a), the Evaluation and Regional Assistance Commissioner shall give priority to eligible applicants that will provide 

a portion of non-Federal funds to maximize support for activities of the regional educational laboratories to be established 

under this section. 

(e) AWARDING GRANTS, CONTRACTS, OR COOPERATIVE AGREE- MENTS.— 

(1) ASSURANCES.—In awarding grants, contracts, or cooperative agreements under this section, the Evaluation and Regional Assistance Commissioner shall— 

(A) make such an award for not more than a 5-year period; 

(B) ensure that regional educational laboratories established under this section have strong and effective governance, organization, management, and administration, and 

employ qualified staff; and 

(C) ensure that each such laboratory has the flexibility 

to respond in a timely fashion to the needs of the laboratory’s region, including— 

(i) through using the results of the laboratory’s interim evaluation under subsection (i)(3) to improve and 

modify the activities of the laboratory before the end of 

the award period; and 

(ii) through sharing preliminary results of the laboratory’s research, as appropriate, to increase the relevance and usefulness of the research. 


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(2) COORDINATION.—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 with each other regional educational laboratory, the Department, the Director, and the 

National Board for Education Sciences; 

(B) ensure, where appropriate, that the activities of 

each regional educational laboratory established under this 

section also serve national interests; 

(C) ensure each such regional educational laboratory 

establishes strong partnerships among practitioners, policymakers, researchers, and others, so that such partnerships 

are continued in the absence of Federal support; and 

(D) enable, where appropriate, for such a laboratory to 

work in a region being served by another laboratory or to 

carry out a project that extends beyond the region served by 

the laboratory. 

(3) COLLABORATION WITH TECHNICAL ASSISTANCE PROVIDERS.—Each regional educational laboratory established 

under this section shall, on an ongoing basis, coordinate its activities, collaborate, and regularly exchange information with 

the comprehensive centers (established in section 203) in the region in which the center is located, and with comprehensive 

centers located outside of its region, as appropriate. 

(4) OUTREACH.—In conducting competitions for grants, contracts, or cooperative agreements under this section, the Evaluation and Regional Assistance Commissioner shall— 

(A) by making information and technical assistance relating to the competition widely available, actively encourage eligible applicants to compete for such an award; and 

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

chief State school officers, educators, parents, superintendents, and other individuals with knowledge of the needs of 

the regions to be served by the awards, regarding— 

(i) the needs in the regions for applied research, 

evaluation, development, and wide-dissemination activities authorized by this title; and 

(ii) how such needs may be addressed most effectively. 

(5) PERFORMANCE MANAGEMENT.—Before the Evaluation 

and Regional Assistance Commissioner awards a grant, contract, or cooperative agreement under this section, the Director 

shall establish measurable performance indicators for assessing 

the ongoing progress and performance of the regional educational laboratories established with such awards that address 

the requirements of the performance management system described in section 185. 

(6) STANDARDS.—The Evaluation and Regional Assistance 

Commissioner shall adhere to the Institute’s system for technical and peer review under section 114(h) in reviewing the applied research activities and research-based reports of the regional educational laboratories. 


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(7) REQUIRED CONSIDERATION.—In determining whether to 

award a grant, contract, or cooperative agreement under this 

section— 

(A) to an eligible applicant that previously established 

a regional educational laboratory under this section, the 

Evaluation and Regional Assistance Commissioner shall— 

(i) consider the results of such laboratory’s 

summative evaluation under subsection (i)(2), or, if not 

available, any interim evaluation findings under subsection (i)(3); and 

(ii) ensure that only such laboratories determined 

effective in their relevant interim or summative evaluations, as described in subsection (i), are eligible to receive a new grant, contract, or cooperative agreement; 

and 

(B) to any eligible applicant, the Evaluation and Regional Assistance Commissioner shall ensure that such applicant has— 

(i) a history of effectiveness in conducting highquality applied research; and 

(ii) the capacity to meet the measurable performance indicators established under paragraph (5). 

(8) FLEXIBILITY IN LABORATORY NUMBER.— 

(A) DETERMINATION.—The Evaluation and Regional 

Assistance Commissioner, in consultation with the regional 

educational laboratory advisory boards described in subsection (h), may determine that establishing 10 regional 

educational laboratories is unnecessary, as required in subsection (a), and grant an alternative number of awards or 

reorganize such laboratories, which may include not basing 

the awards on the regions described in subsection (b), if— 

(i) an insufficient number of regional educational 

laboratories are meeting the needs of the regions described in subsection (b), as determined by the Commissioner; 

(ii) an insufficient number of laboratories are 

meeting the measurable performance indicators established under paragraph (5), as determined by the Commissioner and the most recent interim or summative 

evaluation under subsection (i); or 

(iii) an insufficient number of eligible applicants 

have the capacity to meet the measurable performance 

indicators established under paragraph (5), as determined by the Commissioner. 

(B) LIMITATION.—If the Evaluation and Regional Assistance Commissioner uses the determination authority described in subparagraph (A), there shall be no more than 

10 regional educational laboratories established. 

(f) MISSION.—Each regional educational laboratory established 

under this section shall— 

(1) conduct applied research, development, data analysis, 

and evaluation activities with State educational agencies, local 

educational agencies, and, as appropriate, schools funded by 

the Bureau; 


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(2) widely disseminate such work, consistent with section 

114(j); and 

(3) develop the capacity of State educational agencies, local 

educational agencies, and, as appropriate, schools funded by 

the Bureau to carry out the activities described in paragraphs 

(1) and (2). 

(g) ACTIVITIES.—To carry out the mission described in subsection (f), each regional educational laboratory established under 

this section shall carry out the following activities: 

(1) Conduct, widely disseminate, and promote utilization of 

applied research, development activities, evaluations, data analysis, and other scientifically valid research. 

(2) Develop and improve the plan for the laboratory under 

subsection (d)(2) for serving the region of the laboratory, and as 

appropriate, national needs, on an ongoing basis, which shall 

include seeking input and incorporating feedback from the representatives of State educational agencies and local educational 

agencies in the region, and other individuals with knowledge of 

the region’s needs. 

(3) Ensure research and related products are relevant and 

responsive to the needs of the region. 

(h) REGIONAL EDUCATIONAL LABORATORY ADVISORY BOARD.— 

(1) ESTABLISHMENT.—Each regional educational laboratory 

established under this section may establish an advisory board 

that shall support the priorities of such laboratory. 

(2) DUTIES.—Each advisory board established under paragraph (1) shall advise the regional educational laboratory— 

(A) concerning the activities described in subsection (g); 

(B) on strategies for monitoring and addressing the 

educational needs of the region, on an ongoing basis, and 

as appropriate, national needs; 

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

performance of the laboratory’s activities, especially in 

meeting the measurable performance indicators established 

under subsection (e)(5); 

(D) on carrying out the laboratory’s duties in a manner 

that promotes progress toward improving student academic 

achievement; 

(E) on the activities undertaken by the comprehensive 

center in the region, other centers, as appropriate, and 

other laboratories to align the work of such entities, reduce 

redundancy, and increase collaboration and resource-sharing in such activities; and 

(F) on joint activities with other comprehensive centers 

or laboratories that would meet the needs of multiple regions. 

(3) COMPOSITION.— 

(A) IN GENERAL.—Each advisory board shall— 

(i) not exceed 25 members; 

(ii) include the chief State school officer, or such 

officer’s designee, or other State official, of States within the region of the laboratory who have primary responsibility under State law for elementary and secondary education in the State; 


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(iii) include representatives of local educational 

agencies, including rural and urban local educational 

agencies, that represent the geographic diversity of the 

region; 

(iv) include researchers; and 

(v) include not less than 1 representative from an 

advisory board of a comprehensive center serving the 

region, if applicable. 

(B) ELIGIBILITY.—The membership of each regional 

educational laboratory advisory board may include the following: 

(i) Representatives of institutions of higher education. 

(ii) Parents. 

(iii) Practicing educators, including classroom 

teachers, school leaders, administrators, school board 

members, and other local school officials. 

(iv) Representatives of business. 

(v) Policymakers. 

(4) RECOMMENDATIONS.—In choosing individuals for membership on a regional educational laboratory advisory board, 

the regional educational laboratory shall consult with, and solicit recommendations from, the Evaluation and Regional Assistance Commissioner, the chief executive officers of States, 

chief State school officers, local educational agencies, and other 

education stakeholders within the applicable region. 

(5) SPECIAL RULE.—The total number of members on each 

regional educational laboratory advisory board who are selected 

under clauses (ii) and (iii) of paragraph (3)(A), in the aggregate, 

shall exceed the total number of members who are selected 

under paragraph (3)(B), collectively. 

(i) EVALUATIONS.— 

(1) IN GENERAL.—The Evaluation and Regional Assistance 

Commissioner shall— 

(A) provide for ongoing summative and interim evaluations described in paragraphs (2) and (3), respectively, of 

each of the regional educational laboratories established 

under this section in carrying out the full range of duties 

described in this section; and 

(B) transmit the results of such evaluations, through 

appropriate means, to the appropriate congressional committees, the Director, and the public. 

(2) SUMMATIVE EVALUATIONS.—The Evaluation and Regional Assistance Commissioner shall ensure each regional educational laboratory established under this section is evaluated 

by an independent entity at the end of the period of the grant, 

contract, or cooperative agreement that established such laboratory, and such evaluation shall— 

(A) be completed in a timely fashion; 

(B) assess how well the laboratory is meeting the measurable performance indicators established under subsection 

(e)(5); and 

(C) consider the extent to which the laboratory ensures 

that the activities of such laboratory are relevant and useVerDate Sep 11 2014 01:43 Nov 18, 2014 Jkt 049007 PO 00000 Frm 00055 Fmt 6659 Sfmt 6603 E:\HR\OC\SR275.XXX SR275

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ful to the work of State and local practitioners and policymakers. 

(3) INTERIM EVALUATIONS.—The Evaluation and Regional 

Assistance Commissioner shall ensure each regional educational laboratory established under this section is evaluated 

at the midpoint of the period of the grant, contract, or cooperative agreement that established such laboratory, and such evaluation shall— 

(A) assess how well such laboratory is meeting the performance indicators described in subsection (e)(5); and 

(B) be used to improve the effectiveness of such laboratory in carrying out its plan under subsection (d)(2). 

(j) CONTINUATION OF AWARDS; RECOMPETITION.— (1) CONTINUATION OF AWARDS.—The Evaluation and Regional Assistance Commissioner shall continue awards made to 

each eligible applicant for the support of regional educational 

laboratories established under this section prior to the date of 

enactment of the Strengthening Education through Research 

Act, as such awards were in effect on the day before the date 

of enactment of such Act, for the duration of those awards, in 

accordance with the terms and agreements of such awards. 

(2) RECOMPETITION.—Not later than the end of the period 

of the awards described in paragraph (1), the Evaluation and 

Regional Assistance Commissioner shall— 

(A) hold a competition to make grants, contracts, or cooperative agreements under this section to eligible applicants, which may include eligible applicants that held 

awards described in paragraph (1); and 

(B) in determining whether to select an eligible applicant that held an award described in paragraph (1) for an 

award under subparagraph (A) of this paragraph, consider 

the results of the summative evaluation under subsection 

(i)(2) of the laboratory established with the eligible applicant’s award described in paragraph (1). 

* * * * * * * 

ø(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.¿ 

ø(m)¿(l) 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 

and local education goals and for other purposes. 

øø(n)¿(m) 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— 

ø(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 

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

needs of the region, including a summary of activities during 


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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.¿ 

(m) ANNUAL REPORT.—Each regional educational laboratory established under this section shall submit to the Evaluation and Regional Assistance Commissioner an annual report containing such 

information as the Commissioner may require, but which shall include, at a minimum, the following: 

(1) A summary of the laboratory’s activities and products 

developed during the previous year. 

(2) A listing of the State educational agencies, local educational agencies, and schools the laboratory assisted during 

the previous year. 

(3) Using the measurable performance indicators established under subsection (e)(5), a description of how well the laboratory is meeting educational needs of the region served by the 

laboratory. 

(4) Any changes to the laboratory’s plan under subsection 

(d)(2) to improve its activities in the remaining years of the 

grant, contract, or cooperative agreement. 

ø(o)¿(n) CONSTRUCTION.—Nothing in this section shall be construed to require any modifications in a regional educational laboratory contract in effect on the day before the date of enactment 

of this Act. 

(o) APPROPRIATIONS RESERVATION.—Of the amounts appropriated under section 194(a), the Evaluation and Regional Assistance Commissioner shall reserve 16.13 percent of such funds to 

carry out this section, of which the Commissioner shall use not less 

than 25 percent to serve rural areas (including schools funded by 

the Bureau which are located in rural areas). 

* * * * * * * 

PART E—NATIONAL CENTER FOR SPECIAL 

EDUCATION RESEARCH 

SEC. 175. ESTABLISHMENT. 

(a) ESTABLISHMENT.—* * * 

(b) MISSION.—The mission of the Special Education Research 

Center is— 

(1) to sponsor research to expand knowledge and understanding of the needs of infants, toddlers, øand children¿children, and youth with disabilities in order to improve 

the developmental, educational, and transitional results of 

such individuals; 

(2) to sponsor research to improve services provided under, 

and support the implementation of, the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.); øand¿ 

(3) to evaluate the implementation and effectiveness of the 

Individuals with Disabilities Education Act in coordination 

with the National Center for Education Evaluation and Regional Assistanceø.¿; 

(4) to promote quality and integrity through the use of accepted practices of scientific inquiry to obtain knowledge and 


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understanding of the validity of education theories, practices, or 

conditions with respect to special education research and evaluation described in paragraphs (1) through (3); and 

(5) to promote scientifically valid research findings in special education that may provide the basis for improving academic instruction and lifelong learning. 

* * * * * * * 

SEC. 176. COMMISSIONER FOR SPECIAL EDUCATION RESEARCH. 

The Special Education Research Center shall be headed by a 

Commissioner for Special Education Research (in this part referred 

to as the ‘‘Special Education Research Commissioner’’) who shall 

have substantial knowledge of the Special Education Research Center’s activities, including a high level of expertise in the fields of 

research, research management, and the education of children and 

youth with disabilities. 

* * * * * * * 

SEC. 177. DUTIES. 

(a) GENERAL DUTIES.—The Special Education Research Center 

shall carry out research activities under this part consistent with 

the mission described in section 175(b), such as activities that— 

(1) improve services provided under the Individuals with 

Disabilities Education Act in order to improve— 

(A) academic achievement, functional outcomes, and 

educational results for children and youth with disabilities; 

and 

(B) * * * 

(2) identify øscientifically based educational practices¿educational practices, including the use of technology 

based on scientifically valid research, that support learning 

and improve academic achievement, functional outcomes, and 

educational results for all students with disabilities; 

(3) * * * 

(4) identify øscientifically based¿ related services and 

interventions that are based on scientifically valid research and 

promote participation and progress in the general education 

curriculum and general education settings; 

(5) * * * 

* * * * * * * 

(10) examine and improve secondary and postsecondary 

education and transitional outcomes and results for children 

with disabilities, including how secondary school credentials 

are related to postsecondary and employment outcomes; 

(11) examine the participation and outcomes of students 

with disabilities in secondary and postsecondary career and 

technical education programs; 

ø(11)¿(12) * * * 

ø(12)¿(13) * * * 

ø(13)¿(14) improve the preparation and professional development of personnel, including early intervention personnel, 

who provide educational and related services to children with 

disabilities to increase the academic achievement and functional performance of students with disabilities; 

ø(14)¿(15) * * * 


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ø(15)¿(16) øhelp parents¿ examine the methods by which 

parents may improve educational results for their children, 

particularly related to transition issues; 

(17) assist the Board in the preparation and dissemination 

of each evaluation report under section 116(d); 

ø(16)¿(18) address the unique needs of children with significant cognitive disabilities; øand¿ 

øø(17)¿(19) examine the special needs of limited English 

proficient children with disabilities.¿ 

(19) examine the needs of children with disabilities who are 

English learners, are gifted and talented, or have other unique 

learning needs; and 

(20) examine innovations in the field of special education, 

such as multi-tiered systems of support. 

* * * * * * * 

(c) PLAN.—The Special Education Research Commissioner shall 

propose to the Director a research plan for the activities of the Special Education Research Center, developed in collaboration with the 

Assistant Secretary for Special Education and Rehabilitative øServices, that—¿Services, and, subject to the approval of the Director, 

implement the research plan. The research plan shall be a plan 

that— 

(1) is consistent with the priorities and mission of the Institute and the mission of the Special Education Research Center described in section 175(b); 

ø(2) is carried out, updated, and modified, as appropriate;¿ 

(2) is carried out, and, as appropriate, updated and modified, including by using the results of the Special Education Research Center’s most recent evaluation report under section 

116(d); 

(3) provides for research that addresses significant questions of practice where such research is lacking; 

ø(3)¿(4) * * * 

ø(4)¿(5) contains an appropriate balance across all age 

ranges øand types of children with¿, student subgroups, and 

types of disabilities; 

(6) describes how the Special Education Research Center 

will use the performance management system described in section 185 to assess and improve the activities of the Center; and 

ø(5) provides for research that is objective and uses measurable indicators to assess its progress and results; and¿ 

ø(6)¿(7) * * * 

(d) GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS.— (1) IN GENERAL.—In carrying out the duties under this section, the øDirector¿Special Education Research Commissioner 

may award grants to, or enter into contracts or cooperative 

agreements with, eligible applicants. 

(2) ELIGIBLE APPLICANTS.— * * * 

ø(3) APPLICATIONS.—An eligible applicant that wishes to 

receive a grant, or enter into a contract or cooperative agreement, under this section shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require.¿ 

(3) APPLICATIONS.— 


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(A) IN GENERAL.—An eligible applicant that wishes to 

receive a grant, or enter into a contract or cooperative 

agreement, under this section shall submit an application 

to the Special Education Research Commissioner at such 

time, in such manner, and containing such information as 

the Special Education Research Commissioner may require. 

(B) CONTENTS.—An application submitted under subparagraph (A) shall describe how the eligible applicant will 

address and demonstrate progress on the requirements of 

the performance management system described in section 

185, with respect to the activities that will be carried out 

under such grant, contract, or cooperative agreement. 

(4) DURATION.—Notwithstanding any other provision of 

law, the grants, contracts, and cooperative agreements under 

this section may be awarded or entered into, on a competitive 

basis, for a period of not more than 5 years, and may be renewed at the discretion of the Special Education Research Commissioner for an additional period of not more than 2 years if 

the recipient demonstrates progress on the requirements of the 

performance management system described in section 185, with 

respect to the activities carried out under the grant, contract, or 

cooperative agreement received or entered into under this section. 

ø(e) DISSEMINATION.—The Special Education Research Center 

shall— 

ø(1) synthesize and disseminate, through the National 

Center for Education Evaluation and Regional Assistance, the 

findings and results of special education research conducted or 

supported by the Special Education Research Center; and 

ø(2) assist the Director in the preparation of a biennial report, as described in section 119.¿ 

(e) DISSEMINATION.—The Special Education Research Center 

shall synthesize and, consistent with section 114(j), widely disseminate and promote utilization of the findings and results of special 

education research conducted or supported by the Special Education 

Research Center. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this øpart such sums as may be 

necessary for each of fiscal years 2005 through 2010.¿part— 

(1) for fiscal year 2015, $54,000,000; 

(2) for fiscal year 2016, $55,080,000; 

(3) for fiscal year 2017, $56,181,600; 

(4) for fiscal year 2018, $57,305,232; 

(5) for fiscal year 2019, $58,394,031; and 

(6) for fiscal year 2020, $66,151,452. 

* * * * * * * 

PART F—GENERAL PROVISIONS 

* * * * * * * 

SEC. 182. PROHIBITIONS. 

(a) NATIONAL DATABASE.— * * * 

(b) FEDERAL GOVERNMENT AND USE OF FEDERAL FUNDS.— 

Nothing in this title may be construed to authorize an officer or 

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


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the curriculum, specific academic achievement or content standards 

or assessments, 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 title. 

(c) ENDORSEMENT OF CURRICULUM.—Notwithstanding any 

other provision of Federal law, no funds provided under this title 

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 øan elementary 

school or secondary school¿early education, or in an elementary 

school, secondary school, or institution of higher education. (d) FEDERALLY SPONSORED TESTING.— (1) IN GENERAL.— * * * 

* * * * * * * 

SEC. 183. CONFIDENTIALITY. 

(a) IN GENERAL.—* * * 

(b) STUDENT INFORMATION.—The Director shall ensure that all 

individually identifiable information about students, their academic 

achievements, øtheir families, and information with respect to individual schools,¿and their families shall remain confidential in accordance with section 552a of title 5, United States Code, the confidentiality standards of subsection (c) of this section, and sections 

444 and 445 of the General Education Provisions Act (20 U.S.C. 

1232g, 1232h), and that any disclosed information with respect to 

individual schools not reveal such individually identifiable information. 

* * * * * * * 

(d) ADMINISTRATION.— (1) IN GENERAL.— (A) DISCLOSURE.— * * * 

* * * * * * * 

(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), knowingly publishes or communicates any individually identifiable 

information (as defined in paragraph (5)(A)), the disclosure of 

which is prohibited by subsection (c)(2), and that comes into 

such employee or staff’s possession by reason of employment 

(or otherwise providing services, including voluntary and uncompensated services under section 190) under this title, 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, 

United States Code, or both. 

(3) TEMPORARY STAFF.— * * * 

* * * * * * * 

(e) INVESTIGATION AND PROSECUTION OF TERRORISM.— (1) IN GENERAL.—Notwithstanding subsections (a) and (b), 

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 


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requiring the Secretary and Director to permit the Attorney 

General (or his designee) to— 

(A) * * * 

* * * * * * * 

SEC. 184. AVAILABILITY OF DATA. 

Subject to section 183, 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 øuse of the Internet¿electronic 

means, such as posting in an easily accessible manner on the Institute’s website. 

* * * * * * * 

øSEC. 185. ø20 U.S.C. 9575¿ PERFORMANCE MANAGEMENT. 

øThe 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: 

ø(1) Establishing and improving feedback mechanisms in 

order to anticipate customer needs. 

ø(2) Disseminating information in a timely fashion and in 

formats that are easily accessible and usable by researchers, 

practitioners, and the general public. 

ø(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. 

ø(4) Establishing and measuring performance against a set 

of indicators for the quality of data collected, analyzed, and reported. 

ø(5) Continuously improving management strategies and 

practices. 

ø(6) Making information available to the public in an expeditious fashion.¿ 

SEC. 185. PERFORMANCE MANAGEMENT. 

The Director shall establish a system for managing the performance of all activities authorized under this title to promote continuous improvement of the activities and to ensure the effective use of 

Federal funds by— 

(1) developing and using measurable performance indicators, including timelines, to evaluate and improve the effectiveness of the activities; 

(2) using the performance indicators described in paragraph (1) to inform funding decisions, including the awarding 

and continuation of all grants, contracts, and cooperative agreements under this title; 

(3) establishing and improving formal feedback mechanisms to— 

(A) anticipate and meet stakeholder needs; and 

(B) incorporate, on an ongoing basis, the feedback of 

such stakeholders into the activities authorized under this 

title; and 


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(4) promoting the wide dissemination and utilization, consistent with section 114(j), of all information, products, and 

publications of the Institute. 

* * * * * * * 

SEC. 186. AUTHORITY TO PUBLISH. 

(a) PUBLICATION.—* * * 

(b) ADVANCE COPIES.—The Director shall provide the Secretary 

and other relevant offices with an advance copy of øany information to be published under this section before publication¿any publication under this section before the public release of such publication. 

(c) PEER REVIEW.— * * * 

* * * * * * * 

SEC. 189. FELLOWSHIPS. 

In order to strengthen the national capacity to carry out highquality research, evaluation, and statistics related to education and 

the mission of each National Education Center authorized under 

this title, 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 øhistorically Black colleges and universities¿minority-serving institutions 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. 

* * * * * * * 

SEC. 194. AUTHORIZATION OF APPROPRIATIONS. 

ø(a) IN GENERAL.—There are authorized to be appropriated to 

administer and carry out this title (except section 174) 

$400,000,000 for fiscal year 2003 and such sums as may be necessary for each of the 5 succeeding fiscal years, of which— 

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

Center for Education Statistics (as such Center was in existence on the day before the date of enactment of this Act) for 

fiscal year 2002 shall be provided to the National Center for 

Education Statistics, as authorized under part C; and 

ø(2) not more than the lesser of 2 percent of such funds or $1,000,000 shall be made available to carry out section 116 (relating to the National Board for Education Sciences).¿ 

(a) IN GENERAL.—There are authorized to be appropriated to 

administer and carry out this title (except part E)— 

(1) for fiscal year 2015, $337,343,000; 

(2) for fiscal year 2016, $344,089,860; 

(3) for fiscal year 2017, $350,971,657; 

(4) for fiscal year 2018, $357,991,090; 

(5) for fiscal year 2019, $364,792,921; and 

(6) for fiscal year 2020, $368,440,850. 

ø(b) REGIONAL EDUCATIONAL LABORATORIES.—There are authorized to be appropriated to carry out section 174 $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 


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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).¿ 

(b) RESERVATIONS.—Of the amounts appropriated under subsection (a) for each fiscal year— 

(1) not less than the amount provided to the National Center for Education Statistics (as such Center was in existence on 

the day before the date of enactment of the Strengthening Education through Research Act) for fiscal year 2014 shall be provided to the National Center for Education Statistics, as authorized under part C; and 

(2) not more than the lesser of 2 percent of such appro- priated amounts or $2,000,000 shall be made available to carry 

out section 116 (relating to the National Board for Education 

Sciences). 

* * * * * * * 

Carl D. Perkins Career and Technical Education Act of 2006 

* * * * * * * 

SEC. 3. DEFINITIONS. 

Unless otherwise specified, in this Act: 

(1) ADMINISTRATION.— * * * 

* * * * * * * 

(25) SCIENTIFICALLY BASED RESEARCH.—The term ‘‘scientifically based research’’ means research that is carried out 

øusing scientifically based research standards, as defined in 

section 102¿in accordance with the principles of scientific research, as defined in section 102 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9501). 

* * * * * * * 

Elementary and Secondary Education Act of 1965 

* * * * * * * 

SEC. 9529. PROHIBITION ON FEDERALLY SPONSORED TESTING. 

(a) GENERAL PROHIBITION.— * * * 

(b) EXCEPTIONS.—Subsection (a) shall not apply to international comparative assessments developed under the authority of 

øsection 153(a)(5)¿section 153(a)(6) of the Education Sciences Reform Act of 2002 and administered to only a representative sample 

of pupils in the United States and in foreign nations. 

* * * * * * * 

Individuals With Disabilities Education Act 

* * * * * * * 

SEC. 681. COMPREHENSIVE PLAN FOR SUBPARTS 2 AND 3. 

(a) COMPREHENSIVE PLAN.— (1) IN GENERAL.—After receiving input from interested individuals with relevant expertise, the Secretary shall develop 

and implement a comprehensive plan for activities carried out 

under subparts 2 and 3 in order to enhance the provision of 


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early intervention services, educational services, related services, and transitional services to children with disabilities 

under parts B and C. To the extent practicable, the plan shall 

be coordinated with the plan developed pursuant to øsection 

178(c)¿section 177(c) of the Education Sciences Reform Act of 

2002 and shall include mechanisms to address early intervention, educational, related service and transitional needs identified by State educational agencies in applications submitted for 

State personnel development grants under subpart 1 and for 

grants under subparts 2 and 3. 

* * * * * * * 

Educational Technical Assistance Act of 2002 

* * * * * * * 

SEC. 202. DEFINITIONS. 

In this title: 

(1) IN GENERAL.—The terms ‘‘local educational agency’’ and 

‘‘State educational agency’’ have the meanings given those 

terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). 

(2) SCHOOL LEADER.—The term ‘‘school leader’’ has the 

meaning given the term in section 102. 

ø(2)¿(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Education. 

* * * * * * * 

SEC. 203. COMPREHENSIVE CENTERS. 

ø(a) AUTHORIZATION.— ø(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. 

ø(2) REGIONS.—In awarding grants under paragraph (1), 

the Secretary— 

ø(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 the date of enactment of this Act); and 

ø(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)) in the 

population served by the local entity or consortium of such 

entities.¿ 


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(a) AUTHORIZATION.— (1) IN GENERAL.—Subject to paragraph (3) and except as 

provided in subsection (b)(5), the Secretary shall award 17 

grants, contracts, or cooperative agreements to eligible applicants to establish comprehensive centers. 

(2) MISSION.—The mission of the comprehensive centers is 

to provide State educational agencies and local educational 

agencies technical assistance, analysis, and training to build 

their capacity in implementing the requirements of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et 

seq.) and other Federal education laws, and research-based 

practices. 

(3) REGIONS.—In awarding grants, contracts, or cooperative 

agreements under paragraph (1), the Secretary— 

(A) shall establish at least one comprehensive center for 

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 (20 U.S.C. 6041(h)) (as such 

provision existed on the day before the date of enactment of 

this Act); 

(B) may establish additional comprehensive centers— 

(i) for one or more of the regions described in subparagraph (A); or 

(ii) to serve the Nation as a whole by providing 

technical assistance on a particular content area of importance to the Nation, as determined by the Secretary; 

and 

(C) may make such arrangements as the Secretary determines necessary to ensure that the Bureau of Indian 

Education and States or local educational agencies serving 

significant numbers of American Indian, Alaska Native, or 

Native Hawaiian students have access to services provided 

under this section. 

(4) NATION.—In the case of a comprehensive center established to serve the Nation as described in paragraph (3)(B)(ii), 

the Nation shall be considered to be a region served by such 

Center. 

(5) AWARD PERIOD.—A grant, contract, or cooperative agreement under this section may be awarded, on a competitive 

basis, for a period of not more than 5 years. 

(6) RESPONSIVENESS.—The Secretary shall ensure that each 

comprehensive center established under this section has the 

ability to respond in a timely fashion to the needs of State educational agencies and local educational agencies, including 

through using the results of the center’s interim evaluation 

under section 204(c), to improve and modify the activities of the 

center before the end of the award period. 

(b) ELIGIBLE APPLICANTS.— (1) IN GENERAL.—Grants, contracts, or cooperative agreements under this section may be made with øresearch organizations, institutions, agencies, institutions of higher education,¿public or private, nonprofit or for-profit research organizations, other organizations, or institutions of higher education, 

or partnerships among such entitiesø, or individuals,¿ with the 


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demonstrated ability or capacity to carry out the activities described in øsubsection (f)¿subsection (e)ø, 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 the date of enactment of this Act) and title XIII of the Elementary and Secondary Education Act of 1965 (as such title existed on the day 

before the date of enactment of the No Child Left Behind Act 

of 2001 (Public Law 107–110))¿. ø(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. 

ø(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 206, 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.¿ 

(2) OUTREACH.—In conducting competitions for grants, contracts, or cooperative agreements under this section, the Secretary shall— 

(A) by making widely available information and technical assistance relating to the competition, actively encourage eligible applicants to compete for such awards; and 

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

chief State school officers, educators, parents, superintendents, and other individuals with knowledge of the needs of 

the regions to be served by the awards, regarding— 

(i) the needs in the regions for technical assistance 

authorized under this title; and 

(ii) how such needs may be addressed most effectively. 

(3) PERFORMANCE MANAGEMENT.—Before awarding a 

grant, contract, or cooperative agreement under this section, the 

Secretary shall establish measurable performance indicators to 

be used to assess the ongoing progress and performance of the 

comprehensive centers to be established under this title that address paragraphs (1) through (3) of the performance management system described in section 185. 

(4) REQUIRED CONSIDERATION.—In determining whether to 

award or enter into a grant, contract, or cooperative agreement 

under this section— 

(A) to an eligible applicant that previously established 

a comprehensive center under this section, the Secretary 

shall— 

(i) consider the results of such center’s summative 

evaluation under section 204(b) or, if not available, any 

interim evaluation results under section 204(c); and 

(ii) ensure that only centers determined effective in 

the centers’ relevant interim or summative evaluations, 


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as described in section 204, are eligible to receive a new 

grant, contract, or cooperative agreement; and 

(B) to any eligible applicant, the Secretary shall ensure 

that such applicant has— 

(i) a history of effectiveness in providing high-quality technical assistance; and 

(ii) the capacity to meet the measurable performance indicators established under paragraph (3). 

(5) FLEXIBILITY IN COMPREHENSIVE CENTER NUMBER.— (A) DETERMINATION.—The Secretary, in consultation 

with the comprehensive center advisory boards described in 

subsection (f), may determine that establishing 17 comprehensive centers under this section is unnecessary, as required in subsection (a)(1), and grant an alternative number of awards or reorganize such centers, which may include organizing the centers around content area instead of 

by the regions described in subsection (a)(3), if— 

(i) an insufficient number of such comprehensive 

centers are meeting the needs of the regions described 

in paragraphs (3) and (4) of subsection (a), as determined by the Secretary; 

(ii) an insufficient number of such comprehensive 

centers are meeting the measurable performance indicators established under paragraph (3), as determined 

by the Secretary and the most recent interim or 

summative evaluation under section 204; or 

(iii) an insufficient number of eligible applicants 

have the capacity to meet the measurable performance 

indicators established under paragraph (3), as determined by the Secretary. 

(B) LIMITATION.—The Secretary shall not use the determination authority described in subparagraph (A) to establish more than 17 comprehensive centers under this section. 

(6) CONTINUATION OF AWARDS.— 

(A) CONTINUATION OF AWARDS.—The Secretary shall 

continue awards made to each eligible applicant for the 

support of comprehensive centers established under this section prior to the date of enactment of the Strengthening 

Education through Research Act, as such awards were in 

effect on the day before the date of enactment of such Act, 

for the duration of those awards, in accordance with the 

terms and agreements of such awards. 

(B) RECOMPETITION.—Not later than the end of the period of the awards described in subparagraph (A), the Secretary shall— 

(i) hold a competition to make grants, contracts, or 

cooperative agreements under this section to eligible 

applicants, which may include eligible applicants that 

held awards described in subparagraph (A); and 

(ii) in determining whether to select an eligible applicant that held an award described in subparagraph 

(A) for an award under clause (i) of this subparagraph, 

consider the results of the summative evaluation under 

section 204(b) of the center established with the eligible 

applicant’s award described in subparagraph (A). 


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(7) ELIGIBLE APPLICANT DEFINED.—For purposes of this section, the term ‘‘eligible applicant’’ means an entity described in 

paragraph (1). 

ø(c) APPLICATION.— 

ø(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. 

ø(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 207 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.¿ 

(c) APPLICATIONS.— 

(1) SUBMISSION.— 

(A) IN GENERAL.—Each eligible applicant seeking a 

grant, contract, or cooperative agreement under this section 

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

and containing such additional information as the Secretary may reasonably require. 

(B) INPUT.—To ensure that applications submitted 

under this paragraph are reflective of the needs of the regions to be served, each eligible applicant submitting such 

an application shall seek input from— 

(i) State educational agencies and local educational agencies in the region that the award will 

serve; and 

(ii) other individuals with knowledge of the region’s needs. 

(2) PLAN.— 

(A) IN GENERAL.—Each application submitted under 

paragraph (1) shall contain a plan for the comprehensive 

center to be established under this section, which shall be 

updated, modified, and improved, as appropriate, on an 

ongoing basis, including by using the results of the center’s 

interim evaluation under section 204(c). 

(B) CONTENTS.—A plan described in subparagraph (A) 

shall address— 

(i) the priorities for technical assistance established under section 207; 

‘‘(ii) the needs of State educational agencies and 

local educational agencies, on an ongoing basis, using 

available State and local data, including how the 

needs of schools identified for improvement and schools 

and local educational agencies with a high percentage 

or number of low-income students will be prioritized 

and served; and 

(iii) if available, demonstrated support from State 

educational agencies and local educational agencies, 

such as letters of support or signed memoranda of understanding. 


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(3) NON-FEDERAL SUPPORT.—In conducting a competition 

for grants, contracts, or cooperative agreements under subsection (a), the Secretary shall give priority to eligible applicants that will provide a portion of non-Federal funds to maximize support for activities of the comprehensive centers to be established under this section. 

(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 number of low-performing schools 

in the region, 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. 

ø(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— 

ø(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.); 

ø(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 

ø(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)).¿ 

ø(f)¿(e) ACTIVITIES.— (1) IN GENERAL.—A comprehensive center established 

under this section shall øsupport dissemination and technical 

assistance activities by¿support State educational agencies and 

local educational agencies, including 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.) and other 

Federal education laws; 

(ii) the use of scientifically valid teaching methods 

øand assessment tools¿, assessment tools, and other 

educational strategies for use by teachers and administrators in, at a minimum— 

(I) the core academic subjects of ømathematics, science,¿mathematics and science, which 


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may include computer science or engineering, and 

reading or language arts; 

(II) * * * 

(III) education technology, including innovative tools and methods; and 

ø(iii) the facilitation of communication between 

education experts, school officials, teachers, parents, 

and librarians, as appropriate; and¿ 

(iii) the replication and adaptation of exemplary 

practices and innovative methods that have an evidence base of effectiveness; and 

(B) disseminating, consistent with section 114(j), and 

providing information, reports, and publications that are 

usable for improving academic achievement, closing 

achievement gaps, and encouraging and sustaining school 

improvement ø(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 

ø(C) developing teacher and school leader inservice 

and preservice training models that illustrate best practices in the use of technology in different content areas.¿ 

(C) ensuring activities carried out under this section 

are relevant and responsive to the needs of the region being 

served. 

(2) COORDINATION AND COLLABORATION.—Each comprehensive center established under this section shall, on an ongoing 

basis, coordinate its activities, collaborate, and regularly exchange information with the regional educational laboratory in 

the region øin which the center is located¿served by the center 

or other regional educational laboratories or comprehensive centers, as appropriate, 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. 

(f) COMPREHENSIVE CENTER ADVISORY BOARD.— (1) ESTABLISHMENT.—Each comprehensive center established under this section may establish 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 (e); 

(B) on strategies for monitoring and addressing the 

educational needs of the region being served on an ongoing 

basis and, as appropriate, national needs; 

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

performance of the center’s activities, especially in meeting 

the measurable performance indicators established under 

subsection (b)(3); 

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

promotes progress toward improving student academic 

achievement; 

(E) on the activities undertaken by regional educational laboratories of the region being served, other regional educational laboratories, as appropriate, and other 


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comprehensive centers to align the work of the laboratories 

and centers, reduce redundancy, and increase collaboration 

and resource-sharing in such activities; and 

(F) on joint activities, with other comprehensive centers 

or regional educational laboratories from other regions, 

that would meet the needs of multiple regions. 

(3) COMPOSITION.— (A) IN GENERAL.—Each advisory board shall— 

(i) not exceed 25 members; 

(ii) include the chief State school officer, or such 

officer’s designee, or other State official, of States within the region served by the comprehensive center who 

have primary responsibility under State law for elementary and secondary education in the State; 

(iii) include representatives of local educational 

agencies, including rural and urban local educational 

agencies, that represent the geographic diversity of the 

region; 

(iv) include researchers; and 

(v) include not less than 1 representative from the 

advisory board of a regional educational laboratory in 

the region being served by the comprehensive center. 

(B) ELIGIBILITY.—The membership of each comprehensive center advisory board may include the following: 

(i) Representatives of institutions of higher education. 

(ii) Parents. 

(iii) Practicing educators, including classroom 

teachers, school leaders, administrators, school board 

members, and other local school officials. 

(iv) Representatives of business. 

(v) Policymakers. 

(4) RECOMMENDATIONS.—In choosing individuals for membership on a comprehensive center advisory board, the comprehensive center shall consult with, and solicit recommendations from, the Secretary, chief executive officers of States, chief 

State school officers, local educational agencies, and other education stakeholders within the applicable region. 

(5) SPECIAL RULE.—The total number of members on each 

board who are selected under clauses (ii) and (iii) of paragraph 

(3)(A), in the aggregate, shall exceed the total number of members who are selected under paragraph (3)(B), collectively. 

(g) REPORT TO THE 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 center’s activities and products developed during the previous year. 

(2) A listing of the State educational agencies, local educational agencies, and schools the center assisted during the 

previous year. 

(3) Using the measurable performance indicators established under subsection (b)(3), a description of how well the center is meeting educational needs of the region served by the center. 


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(4) Any changes to the center’s plan under subsection (c)(2) 

to improve its activities in the remaining years of the grant, 

contract, or cooperative agreement. 

ø(g) COMPREHENSIVE CENTER ADVISORY BOARD.— ø(1) ESTABLISHMENT.—Each comprehensive center established under this section shall have an advisory board that 

shall support the priorities of such center. 

ø(2) DUTIES.—Each advisory board established under paragraph (1) shall advise the comprehensive center— 

ø(A) concerning the activities described in subsection 

(d); 

ø(B) on strategies for monitoring and addressing the 

educational needs of the region, on an ongoing basis; 

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

performance of the center’s activities; and 

ø(D) on carrying out the center’s duties in a manner 

that promotes progress toward improving student academic achievement. 

ø(3) COMPOSITION.— 

ø(A) IN GENERAL.—Each advisory board shall be composed of— 

ø(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 

ø(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: 

ø(I) Representatives of local educational agencies and regional educational agencies, including 

representatives of local educational agencies serving urban and rural areas. 

ø(II) Representatives of institutions of higher 

education. 

ø(III) Parents. 

ø(IV) Practicing educators, including classroom teachers, principals, and administrators. 

ø(V) Representatives of business. 

ø(VI) Policymakers, expert practitioners, and 

researchers with knowledge of, and experience 

using, the results of research, evaluation, and statistics. 

ø(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). 

ø(h) REPORT TO SECRETARY.—Each comprehensive center established under this section shall submit to the Secretary an anVerDate Sep 11 2014 01:43 Nov 18, 2014 Jkt 049007 PO 00000 Frm 00073 Fmt 6659 Sfmt 6601 E:\HR\OC\SR275.XXX SR275

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nual report, at such time, in such manner, and containing such information as the Secretary may require, which shall include the following: 

ø(1) A summary of the comprehensive center’s activities 

during the preceding year. 

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

schools the comprehensive center assisted during the preceding 

year.¿ 

* * * * * * * 

øSEC. 204. ø20 U.S.C. 9603¿ EVALUATIONS. 

øThe 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 title, 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 title, 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.¿ 

SEC. 204. EVALUATIONS. 

(a) IN GENERAL.—The Secretary shall— 

(1) provide for ongoing summative and interim evaluations 

described in subsections (b) and (c), respectively, of each of the 

comprehensive centers established under this title in carrying 

out the full range of duties of the center under this title; and 

(2) transmit the results of such evaluations, through appropriate means, to the appropriate congressional committees, the 

Director of the Institute of Education Sciences, and the public. 

(b) SUMMATIVE EVALUATION.—The Secretary shall ensure each 

comprehensive center established under this title is evaluated by an 

independent entity at the end of the period of the grant, contract, 

or cooperative agreement that established such center, which shall— 

(1) be completed in a timely fashion; 

(2) assess how well the center is meeting the measurable 

performance indicators established under section 203(b)(3); and 

(3) consider the extent to which the center ensures that the 

technical assistance of such center is relevant and useful to the 

work of State and local practitioners and policymakers. 

(c) INTERIM EVALUATION.—The Secretary shall ensure that each 

comprehensive center established under this title is evaluated at the 

midpoint of the period of the grant, contract, or cooperative agreement that established such center, which shall— 

(1) assess how well such center is meeting the measurable 

performance indicators established under section 203(b)(3); and 

(2) be used to improve the effectiveness of such center in 

carrying out its plan under section 203(c)(2). 

* * * * * * * 

SEC. 207. PRIORITIES. 

The Director and Secretary shall establish priorities for the regional educational laboratories (established under section 174 øof 

the Education Sciences Reform Act of 2002¿) and comprehensive 


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centers (established under section 203 øof this title¿) øto address, 

taking onto account the regional assessments conducted under section 206 and other¿, respectively, using the results of ørelevant regional surveys of educational needs, to the extent the Secretary 

deems appropriate¿relevant regional and national surveys of educational needs. 

* * * * * * * 

SEC. 208. GRANT PROGRAM FOR STATEWIDE, LONGITUDINAL DATA 

SYSTEMS. 

(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.), the Higher Education Act of 1965 (20 

U.S.C. 1001 et seq.), and the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). State educational agencies receiving a grant under this section 

may provide subgrants to local educational agencies to improve the 

capacity of local educational agencies to carry out the activities authorized under this section. 

(b) APPLICATIONS.— * * * 

(c) PERFORMANCE MANAGEMENT.—Before awarding a grant 

under this section, the Secretary shall establish measurable performance indicators— 

(1) to be used to assess the ongoing progress and performance of State educational agencies receiving a grant under this 

section; and 

(2) that address paragraphs (1) through (3) of the performance management system described in section 185. 

ø(c)¿(d) 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), øpromotes linkages across States,¿ and protects student privacy consistent with section 183; 

(2) promotes the generation and accurate and timely use 

of data that supports school improvement and 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.) øand other reporting requirements 

and close achievement gaps; and¿and other reporting requirements, close achievement gaps, and improve teaching 

and school leadership; 

(B) to facilitate research to improve student academic 

achievement øand close achievement gaps; and¿, close 

achievement gaps, and improve teaching and school leadership; and 

(C) to align statewide, longitudinal data systems from 

early education through postsecondary education (including 

pre-service preparation programs), and the workforce, consistent with privacy protections under section 183; 

ø(3) gives priority to applications that meet the voluntary 

standards and guidelines described in section 153(a)(5).¿ 


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(3) ensures the protection of student privacy, and includes 

a review of how State educational agencies, local educational 

agencies, and others that will have access to the statewide, longitudinal data systems under this section will adhere to Federal 

privacy laws and protections, consistent with section 183, in the 

building, maintenance, and use of such data systems; 

(4) ensures State educational agencies receiving a grant 

under this section support professional development that builds 

the capacity of teachers and school leaders to use data effectively; and 

(5) gives priority to State educational agencies that leverage 

the use of statewide, longitudinal data systems to improve student achievement and growth, including such State educational 

agencies that— 

(A) meet the voluntary standards and guidelines described in section 153(a)(5); 

(B) define the roles of State educational agencies, local 

educational agencies, and others in providing timely access 

to data under the statewide, longitudinal data systems, 

consistent with privacy protections in section 183; and 

(C) demonstrate the capacity to share teacher and 

school leader performance data, including student achievement and growth data, with local educational agencies and 

teacher and school leader preparation programs. 

ø(d)¿(e) SUPPLEMENT NOT SUPPLANT.— * * * 

(f) RENEWAL OF AWARDS.—The Secretary may renew a grant 

awarded to a State educational agency under this section for a period not to exceed 3 years, if the State educational agency has demonstrated progress on the measurable performance indicators established under subsection (c). 

øø(e)¿(g) REPORT.—Not later than 1 year after the date of enactment of the Educational Technical Assistance Act of 2002, and 

again 3 years after such date of enactment, 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— 

ø(1) identifying and analyzing State practices regarding 

the development and use of statewide, longitudinal data systems; 

ø(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 183; and 

ø(3) identifying best practices and areas for improvement.¿ 

(g) REPORTS.— 

(1) FIRST REPORT.—Not later than 1 year after the date of 

enactment of the Strengthening Education through Research 

Act, the Secretary shall prepare and make publicly available a 

report on the implementation and effectiveness of the activities 

carried out by State educational agencies receiving a grant 

under this section, including— 


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(A) information on progress in the development and use 

of statewide, longitudinal data systems described in this 

section; 

(B) information on best practices and areas for improvement in such development and use; and 

(C) how the State educational agencies are adhering to 

Federal privacy laws and protections in the building, maintenance, and use of such data systems. 

(2) SUCCEEDING REPORTS.—Every succeeding 3 years after 

the report is made publicly available under paragraph (1), the 

Secretary shall prepare and make publicly available a report on 

the implementation and effectiveness of the activities carried out 

by State educational agencies receiving a grant under this section, including— 

(A) information on the requirements of subparagraphs 

(A) through (C) of paragraph (1); and 

(B) the progress, in the aggregate, State educational 

agencies are making on the measurable performance indicators established under subsection (c). 

* * * * * * * 

øSEC. 209. ø20 U.S.C. 9608¿ AUTHORIZATION OF APPROPRIATIONS. 

øThere are authorized to be appropriated to carry out this title 

$80,000,000 for fiscal year 2003 and such sums as may be necessary for each of the 5 succeeding fiscal years.¿ 

SEC. 209. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out this title— 

(1) for fiscal year 2015, $82,984,000; 

(2) for fiscal year 2016, $84,643,680; 

(3) for fiscal year 2017, $86,336,554; 

(4) for fiscal year 2018, $88,063,285; 

(5) for fiscal year 2019, $89,736,487; and 

(6) for fiscal year 2020, $90,633,852. 

* * * * * * * 

National Assessment of Educational Progress Authorization 

Act 

* * * * * * * 

SEC. 302. NATIONAL ASSESSMENT GOVERNING BOARD. 

(a) ESTABLISHMENT.—There is established the National Assessment Governing Board (hereafter in this title referred to as the 

‘‘Assessment Board’’), which øshall formulate policy guidelines¿shall oversee and set policies, in a manner consistent with 

subsection (e) and accepted professional standards, for the National 

Assessment (carried out under section 303). 

(b) MEMBERSHIP.— 

(1) APPOINTMENT AND COMPOSITION.—The Assessment 

Board shall be appointed by the Secretary and be composed as 

follows: 

(A) * * * 

* * * * * * * 


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(L) Two school øprincipals¿leaders, of whom one shall 

be an elementary school øprincipal¿leader and one shall be 

a secondary school øprincipal¿leader. (M) * * * 

* * * * * * * 

(c) TERMS.— 

(1) IN GENERAL.— * * * 

* * * * * * * 

ø(4) CONFORMING PROVISION.—Members of the Assessment 

Board previously granted 3 year terms, whose terms are in effect on the date of enactment of the Department of Education 

Appropriations Act, 2001, 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 the Assessment 

Board after consultation with organizations representing 

the type of individuals described in subsection (b)(1) with 

respect to which the vacancy exists. 

(B) NOMINATIONS.—øEach organization submitting 

nominations to the Secretary with¿With respect to a particular vacancy, the Assessment Board shall nominate for 

such vacancy six individuals who are qualified by experience or training to fill the particular Assessment Board vacancy. 

(C) MAINTENANCE OF BOARD.—* * * 

(2) ADDITIONAL NOMINATIONS.—The Secretary may request 

øthat each organization described in paragraph (1)(A) submit 

additional nominations¿additional nominations from the Assessment Board or each organization described in paragraph 

(1)(A) if the Secretary determines that none of the individuals 

nominated by øsuch organization¿the Assessment Board have 

appropriate knowledge or expertise. 

(e) DUTIES.— 

(1) IN GENERAL.—In carrying out its functions under this 

section the Assessment Board shall— 

(A) in consultation with the Commissioner for Education Statistics, select the subject areas and grades or 

ages to be assessed, and determine the year in which such 

assessments will be conducted (consistent with section 

303(b)); 

(B) * * * 

* * * * * * * 

(D) develop a process for review of the assessment 

which includes the active participation of teachers, school 

leaders, curriculum specialists, local school administrators, 

parents, and concerned members of the public; 

(E) ødesign¿provide input on the methodology of the 

assessment to ensure that assessment items are valid and 

reliable, in consultation with appropriate technical experts 

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ter, sampling, and other technical experts who engage in 

large scale surveys; 

(F) * * * 

* * * * * * * 

(I) take appropriate actions needed to improve the 

form, content, use, and reporting of results of any assessment authorized by section 303 consistent with the provisions of this section and section 303; øand¿ 

(J) provide input to the Director on annual budget requests for the National Assessment of Educational 

Progress; and 

ø(J)¿(K) øplan and execute the initial public release 

of¿release the initial 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 

øsubparagraph (J)¿subparagraph (K). (2) DELEGATION.—* * * 

* * * * * * * 

SEC. 303. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS. 

(a) ESTABLISHMENT.—The Commissioner for Education Statistics shall, øwith the advice of the Assessment Board established 

under section 302¿in a manner consistent with accepted professional standards and the policies set forth by the Assessment Board 

under section 302(a), 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.—* * * 

(2) MEASUREMENT AND REPORTING.—The Commissioner for 

Education Statistics, in carrying out the measurement and reporting described in paragraph (1), shall— 

(A) * * * 

* * * * * * * 

(D) to the extent time and resources allow and consistent with section 302(e)(1)(A), 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); 

* * * * * * * 

(G) include information on special groups, including, 

whenever feasible, information collected, cross tabulated, 


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compared, and reported by race, ethnicity, socioeconomic 

status, gender, disability and ølimited English proficiency¿English learner status; øand¿ 

(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 

linesø.¿; and 

(I) determine, after taking into account section 

302(e)(1)(I), the content of initial and subsequent reports of 

all assessments authorized under this section and ensure 

that such reports are valid and reliable. 

(3) STATE ASSESSMENTS.— 

(A) IN GENERAL.—* * * 

* * * * * * * 

(5) REQUIREMENT.—In carrying out any assessment authorized under this section, the Commissioner for Education 

Statistics, in a manner consistent with subsection (c)(3), 

shall— 

(A) * * * 

* * * * * * * 

(C) collect information on race, ethnicity, socioeconomic status, disability, ølimited English proficiency¿English learner status, and gender. 

(6) TECHNICAL ASSISTANCE.—* * * 

(c) ACCESS.— (1) PUBLIC ACCESS.— (A) IN GENERAL.—* * * 

* * * * * * * 

(2) COMPLAINTS.— (A) IN GENERAL.—* * * 

(B) FORWARDING OF COMPLAINTS.—The Assessment 

Board shall forward such complaints to the Commissioner 

for Education Statistics, the Secretary øof Education¿, and 

the State and local educational agency from within which 

the complaint originated within 30 days of receipt of such 

complaint. 

(C) REVIEW.—* * * 

(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 øChairman of the House¿ Committee on Education and the Workforce of the House of 

Representatives, and the øChairman of the Senate¿ Committee on Health, Education, Labor, and Pensions of the 

Senate. 

(E) COGNITIVE QUESTIONS.— 

(i) IN GENERAL.— * * * 

* * * * * * * 

(d) PARTICIPATION.— 

(1) VOLUNTARY PARTICIPATION.—Participation in any assessment authorized under this section shall be voluntary for 

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quired under section 1112(b)(1)(F) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6312(b)(1)(F)). 

* * * * * * * 

(e) STUDENT ACHIEVEMENT LEVELS.— (1) ACHIEVEMENT LEVELS.—The Assessment Board shall 

develop appropriate student achievement levels for each grade 

øor age¿ in each subject area to be tested under assessments 

authorized under this section, except the trend assessment described in subsection (b)(2)(F). 

(2) DETERMINATION OF LEVELS.— (A) IN GENERAL.—Such levels øshall— 

(i) be¿shall be determined by— 

ø(I)¿ 

(i) identifying the knowledge that can be measured and verified objectively using widely accepted 

professional assessment standards; and 

ø(II)¿ 

(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 

assessedø, or the age of the students, as the case may 

be¿. (B) NATIONAL CONSENSUS APPROACH.—øAfter the determinations described in subparagraph (A), devising¿The 

Assessment Board shall, in making the determination described in subparagraph (A), use a national consensus approach, providing for the active participation of teachers, 

school leaders, curriculum specialists, local school administrators, parents, and concerned members of the general 

public. 

(C) TRIAL BASIS.—* * * 

(D) STATUS.—The Commissioner for Education Statistics and the Assessment 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.—* * * 

* * * * * * * 

(g) COVERAGE AGREEMENTS.— 

(1) DEPARTMENT OF DEFENSE SCHOOLS.—* * * 

(2) BUREAU OF INDIAN øAFFAIRS¿EDUCATION 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 øAffairs¿Education. 

* * * * * * * 

SEC. 304. DEFINITIONS. 

In this title: 

ø(1) The term ‘‘Director’’ means the Director of the Institute of Education Sciences. 

ø(2) The term ‘‘State’’ means each of the 50 States, the 

District of Columbia, and the Commonwealth of Puerto Rico.¿ 


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(1) IN GENERAL.—The terms ‘‘elementary school’’, ‘‘local 

educational agency’’, and ‘‘secondary school’’ have the meanings 

given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). 

(2) DIRECTOR.—The term ‘‘Director’’ means the Director of 

the Institute of Education Sciences. 

(3) SCHOOL LEADER.—The term ‘‘school leader’’ has the 

meaning given the term in section 102. 

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Education. 

(5) STATE.—The term ‘‘State’’ means each of the 50 States, 

the District of Columbia, and the Commonwealth of Puerto 

Rico. 

* * * * * * * 

SEC. 305. AUTHORIZATION OF APPROPRIATIONS. 

ø(a) IN GENERAL.—There are authorized to be appropriated— 

ø(1) for fiscal year 2003— 

ø(A) $4,600,000 to carry out section 302, as amended 

by section 401 of this Act (relating to the National Assessment Governing Board); and 

ø(B) $107,500,000 to carry out section 303, as amended by section 401 of this Act (relating to the National Assessment of Educational Progress); and 

ø(2) such sums as may be necessary for each of the 5 succeeding fiscal years to carry out sections 302 and 303, as 

amended by section 401 of this Act.¿ 

(a) IN GENERAL.—There are authorized to be appropriated— 

(1) for fiscal year 2015— 

(A) $8,235,000 to carry out section 302 (relating to the 

National Assessment Governing Board); and 

(B) $132,000,000 to carry out section 303 (relating to 

the National Assessment of Educational Progress); 

(2) for fiscal year 2016— 

(A) $8,399,700 to carry out section 302 (relating to the 

National Assessment Governing Board); and 

(B) $134,640,000 to carry out section 303 (relating to 

the National Assessment of Educational Progress); 

(3) for fiscal year 2017— 

(A) $8,567,694 to carry out section 302 (relating to the 

National Assessment Governing Board); and 

(B) $137,332,800 to carry out section 303 (relating to 

the National Assessment of Educational Progress); 

(4) for fiscal year 2018— 

(A) $8,739,048 to carry out section 302 (relating to the 

National Assessment Governing Board); and 

(B) $140,079,456 to carry out section 303 (relating to 

the National Assessment of Educational Progress); 

(5) for fiscal year 2019— 

(A) $8,905,090 to carry out section 302 (relating to the 

National Assessment Governing Board); and 

(B) $142,740,966 to carry out section 303 (relating to 

the National Assessment of Educational Progress); and 

(6) for fiscal year 2020— 


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(A) $8,994,141 to carry out section 302 (relating to the 

National Assessment Governing Board); and (B) $144,168,376 to carry out section 303 (relating to 

the National Assessment of Educational Progress). 

(b) AVAILABILITY.—Amounts made available under this section 

shall remain available until expended. 

* * * * * * * 

Æ 


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