PUBLIC LAW 107–279—NOV. 5, 2002

EDUCATION SCIENCES REFORM

116 STAT. 1940 PUBLIC LAW 107–279—NOV. 5, 2002

Public Law 107–279

107th Congress

An Act

To provide for improvement of Federal education research, statistics, evaluation,

information, and dissemination, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Table of contents.

TITLE I—EDUCATION SCIENCES REFORM

Sec. 101. Short title.

Sec. 102. Definitions.

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.

Sec. 119. Biennial report.

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.

Sec. 157. Cooperative education statistics systems.

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.

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

PART E—GENERAL PROVISIONS

Sec. 181. Interagency data sources and formats.

Nov. 5, 2002

[H.R. 3801]

PUBLIC LAW 107–279—NOV. 5, 2002 116 STAT. 1941

Sec. 182. Prohibitions.

Sec. 183. Confidentiality.

Sec. 184. Availability of data.

Sec. 185. Performance management.

Sec. 186. Authority to publish.

Sec. 187. Vacancies.

Sec. 188. Scientific or technical employees.

Sec. 189. Fellowships.

Sec. 190. Voluntary service.

Sec. 191. Rulemaking.

Sec. 192. Copyright.

Sec. 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.

Sec. 205. Existing technical assistance providers.

Sec. 206. Regional advisory committees.

Sec. 207. Priorities.

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

Sec. 209. Authorization of appropriations.

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.

TITLE I—EDUCATION SCIENCES

REFORM

SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘Education Sciences Reform

Act of 2002’’.

SEC. 102. DEFINITIONS.

In this title:

(1) IN GENERAL.—The terms ‘‘elementary school’’, ‘‘secondary school’’, ‘‘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) and the terms ‘‘freely associated states’’ and

‘‘outlying area’’ have the meanings given those terms in section

1121(c) of such Act (20 U.S.C. 6331(c)).

(2) APPLIED RESEARCH.—The term ‘‘applied research’’

means research—

(A) to gain knowledge or understanding necessary for

determining the means by which a recognized and specific

need may be met; and

(B) that is specifically directed to the advancement

of practice in the field of education.

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

research—

20 USC 9501.

20 USC 9501

note.

Education

Sciences Reform

Act of 2002.

116 STAT. 1942 PUBLIC LAW 107–279—NOV. 5, 2002

(A) to gain fundamental knowledge or understanding

of phenomena and observable facts, without specific

application toward processes or products; and

(B) for the advancement of knowledge in the field

of education.

(4) BOARD.—The term ‘‘Board’’ means the National Board

for Education Sciences established under section 116.

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

Indian Affairs.

(6) COMPREHENSIVE CENTER.—The term ‘‘comprehensive

center’’ means an entity established under section 203 of the

Educational Technical Assistance Act of 2002.

(7) DEPARTMENT.—The term ‘‘Department’’ means the

Department of Education.

(8) DEVELOPMENT.—The term ‘‘development’’ means the

systematic use of knowledge or understanding gained from

the findings of scientifically valid research and the shaping

of that knowledge or understanding into products or processes

that can be applied and evaluated and may prove useful in

areas such as the preparation of materials and new methods

of instruction and practices in teaching, that lead to the

improvement of the academic skills of students, and that are

replicable in different educational settings.

(9) DIRECTOR.—The term ‘‘Director’’ means the Director

of the Institute of Education Sciences.

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

communication and transfer of the results of scientifically valid

research, statistics, and evaluations, in forms that are understandable, easily accessible, and usable, or adaptable for use

in, the improvement of educational practice by teachers,

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

(11) EARLY CHILDHOOD EDUCATOR.—The term ‘‘early childhood educator’’ means a person providing, or employed by a

provider of, nonresidential child care services (including centerbased, family-based, and in-home child care services) that is

legally operating under State law, and that complies with

applicable State and local requirements for the provision of

child care services to children at any age from birth through

the age at which a child may start kindergarten in that State.

(12) FIELD-INITIATED RESEARCH.—The term ‘‘field-initiated

research’’ means basic research or applied research in which

specific questions and methods of study are generated by investigators (including teachers and other practitioners) and that

conforms to standards of scientifically valid research.

(13) HISTORICALLY BLACK COLLEGE OR UNIVERSITY.—The

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

B institution as defined in section 322 of the Higher Education

Act of 1965 (20 U.S.C. 1061).

(14) INSTITUTE.—The term ‘‘Institute’’ means the Institute

of Education Sciences established under section 111.

(15) INSTITUTION OF HIGHER EDUCATION.—The term

‘‘institution of higher education’’ has the meaning given that

term in section 101(a) of the Higher Education Act of 1965

(20 U.S.C. 1001(a)).

PUBLIC LAW 107–279—NOV. 5, 2002 116 STAT. 1943

(16) NATIONAL RESEARCH AND DEVELOPMENT CENTER.—The

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

research and development center supported under section

133(c).

(17) PROVIDER OF EARLY CHILDHOOD SERVICES.—The term

‘‘provider of early childhood services’’ means a public or private

entity that serves young children, including—

(A) child care providers;

(B) Head Start agencies operating Head Start programs, and entities carrying out Early Head Start programs, under the Head Start Act (42 U.S.C. 9831 et seq.);

(C) preschools;

(D) kindergartens; and

(E) libraries.

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

term ‘‘scientifically based research standards’’ means research

standards that—

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

education activities and programs; and

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

employed.

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

conducted—

(i) employing systematic, empirical methods that draw

on observation or experiment;

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

(iii) relying on measurements or observational methods

that provide reliable data;

(iv) making claims of causal relationships only in

random assignment experiments or other designs (to the

extent such designs substantially eliminate plausible competing explanations for the obtained results);

(v) ensuring that studies and methods are presented

in sufficient detail and clarity to allow for replication or,

at a minimum, to offer the opportunity to build systematically on the findings of the research;

(vi) obtaining acceptance by a peer-reviewed journal

or approval by a panel of independent experts through

a comparably rigorous, objective, and scientific review; and

(vii) using research designs and methods appropriate

to the research question posed.

(19) SCIENTIFICALLY VALID EDUCATION EVALUATION.—The

term ‘‘scientifically valid education evaluation’’ means an

evaluation that—

(A) adheres to the highest possible standards of quality

with respect to research design and statistical analysis;

(B) provides an adequate description of the programs

evaluated and, to the extent possible, examines the relationship between program implementation and program

impacts;

(C) provides an analysis of the results achieved by

the program with respect to its projected effects;

116 STAT. 1944 PUBLIC LAW 107–279—NOV. 5, 2002

(D) employs experimental designs using random

assignment, when feasible, and other research methodologies that allow for the strongest possible causal inferences

when random assignment is not feasible; and

(E) may study program implementation through a combination of scientifically valid and reliable methods.

(20) SCIENTIFICALLY VALID RESEARCH.—The term ‘‘scientifically valid research’’ includes applied research, basic research,

and field-initiated research in which the rationale, design, and

interpretation are soundly developed in accordance with scientifically based research standards.

(21) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Education.

(22) STATE.—The term ‘‘State’’ includes (except as provided

in section 158) each of the 50 States, the District of Columbia,

the Commonwealth of Puerto Rico, the freely associated states,

and the outlying areas.

(23) TECHNICAL ASSISTANCE.—The term ‘‘technical assistance’’ means—

(A) assistance in identifying, selecting, or designing

solutions based on research, including professional development and high-quality training to implement solutions

leading to—

(i) improved educational and other practices and

classroom instruction based on scientifically valid

research; and

(ii) improved planning, design, and administration

of programs;

(B) assistance in interpreting, analyzing, and utilizing

statistics and evaluations; and

(C) other assistance necessary to encourage the

improvement of teaching and learning through the applications of techniques supported by scientifically valid

research.

PART A—THE INSTITUTE OF EDUCATION SCIENCES

SEC. 111. ESTABLISHMENT.

(a) ESTABLISHMENT.—There shall be in the Department the

Institute of Education Sciences, to be administered by a Director

(as described in section 114) and, to the extent set forth in section

116, a board of directors.

(b) MISSION.—

(1) IN GENERAL.—The mission of the Institute is to provide

national leadership in expanding fundamental knowledge and

understanding of education from early childhood through postsecondary study, in order to provide parents, educators, students, researchers, policymakers, and the general public with

reliable information about—

(A) the condition and progress of education in the

United States, including early childhood education;

(B) educational practices that support learning and

improve academic achievement and access to educational

opportunities for all students; and

(C) the effectiveness of Federal and other education

programs.

20 USC 9511.

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

described in paragraph (1), the Institute shall compile statistics,

develop products, and conduct research, evaluations, and wide

dissemination activities in areas of demonstrated national need

(including in technology areas) that are supported by Federal

funds appropriated to the Institute and ensure that such

activities—

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

and accuracy; and

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

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

(c) ORGANIZATION.—The Institute shall consist of the following:

(1) The Office of the Director (as described in section 114).

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

in section 116).

(3) The National Education Centers, which include— (A) the National Center for Education Research (as

described in part B);

(B) the National Center for Education Statistics (as

described in part C); and

(C) the National Center for Education Evaluation and

Regional Assistance (as described in part D).

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, development, and wide dissemination;

(2) widely disseminate the findings and results of scientifically valid research in education;

(3) promote the use, development, and application of knowledge gained from scientifically valid research activities;

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

and widely disseminate scientifically valid research in education;

(5) promote the coordination, development, and dissemination of scientifically valid research in education within the

Department and the Federal Government; and

(6) promote the use and application of research and

development to improve practice in the classroom.

SEC. 113. DELEGATION.

(a) DELEGATION OF AUTHORITY.—Notwithstanding section 412

of the Department of Education Organization Act (20 U.S.C. 3472),

the Secretary shall delegate to the Director all functions for carrying

out this title (other than administrative and support functions),

except that—

(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

20 USC 9513.

20 USC 9512.

116 STAT. 1946 PUBLIC LAW 107–279—NOV. 5, 2002

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;

(2) members of the National Assessment Governing Board

shall continue to be appointed by the Secretary;

(3) section 302(f)(1) of the National Assessment of Educational Progress Authorization Act shall apply to the National

Assessment Governing Board in the exercise of its responsibilities under this Act;

(4) sections 115 and 116 shall not apply to the National

Assessment of Educational Progress; and

(5) sections 115 and 116 shall not apply to the National

Assessment Governing Board.

(b) OTHER ACTIVITIES.—The Secretary may assign the Institute

responsibility for administering other activities, if those activities

are consistent with—

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

Board for Education Sciences under section 116, and the

Institute’s mission, as described in section 111(b); or

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

not divert the Institute from its priorities.

SEC. 114. OFFICE OF THE DIRECTOR.

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

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

appoint the Director of the Institute.

(b) TERM.—

(1) IN GENERAL.—The Director shall serve for a term of

6 years, beginning on the date of appointment of the Director.

(2) FIRST DIRECTOR.—The President, without the advice

and consent of the Senate, may appoint the Assistant Secretary

for the Office of Educational Research and Improvement (as

such office existed on the day before the date of enactment

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

(3) SUBSEQUENT DIRECTORS.—The Board may make recommendations to the President with respect to the appointment

of a Director under subsection (a), other than a Director

appointed under paragraph (2).

(c) PAY.—The Director shall receive the rate of basic pay for

level II of the Executive Schedule.

(d) QUALIFICATIONS.—The Director shall be selected from

individuals who are highly qualified authorities in the fields of

scientifically valid research, statistics, or evaluation in education,

as well as management within such areas, and have a demonstrated

capacity for sustained productivity and leadership in these areas.

(e) ADMINISTRATION.—The Director shall—

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

out under the Institute, including the activities of the National

Education Centers; and

(2) coordinate and approve budgets and operating plans

for each of the National Education Centers for submission

to the Secretary.

(f) DUTIES.—The duties of the Director shall include the following:

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

in accordance with section 115(a).

20 USC 9514.

PUBLIC LAW 107–279—NOV. 5, 2002 116 STAT. 1947

(2) To ensure the methodology applied in conducting

research, development, evaluation, and statistical analysis is

consistent with the standards for such activities under this

title.

(3) To coordinate education research and related activities

carried out by the Institute with such research and activities

carried out by other agencies within the Department and the

Federal Government.

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

statistics activities relevant to the activities of the Department.

(5) To establish necessary procedures for technical and

scientific peer review of the activities of the Institute, consistent

with section 116(b)(3).

(6) To ensure that all participants in research conducted

or supported by the Institute are afforded their privacy rights

and other relevant protections as research subjects, in accordance with section 183 of this title, section 552a of title 5,

United States Code, and sections 444 and 445 of the General

Education Provisions Act (20 U.S.C. 1232g, 1232h).

(7) To ensure that activities conducted or supported by

the Institute are objective, secular, neutral, and nonideological

and are free of partisan political influence and racial, cultural,

gender, or regional bias.

(8) To undertake initiatives and programs to increase the

participation of researchers and institutions that have been

historically underutilized in Federal education research activities of the Institute, including historically Black colleges or

universities or other institutions of higher education with large

numbers of minority students.

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

for the coordination of research and development activities and

technical assistance activities between the Institute and comprehensive centers.

(10) To solicit and consider the recommendations of education stakeholders, in order to ensure that there is broad

and regular public and professional input from the educational

field in the planning and carrying out of the Institute’s activities.

(11) To coordinate the wide dissemination of information

on scientifically valid research.

(12) To carry out and support other activities consistent

with the priorities and mission of the Institute.

(g) EXPERT GUIDANCE AND ASSISTANCE.—The Director may

establish technical and scientific peer-review groups and scientific

program advisory committees for research and evaluations that

the Director determines are necessary to carry out the requirements

of this title. The Director shall appoint such personnel, except

that officers and employees of the United States shall comprise

no more than 1⁄4 of the members of any such group or committee

and shall not receive additional compensation for their service

as members of such a group or committee. The Director shall

ensure that reviewers are highly qualified and capable to appraise

education research and development projects. The Federal Advisory

Committee Act (5 U.S.C. App.) shall not apply to a peer-review

group or an advisory committee established under this subsection.

(h) REVIEW.—The Director may, when requested by other officers of the Department, and shall, when directed by the Secretary,

116 STAT. 1948 PUBLIC LAW 107–279—NOV. 5, 2002

review the products and publications of other offices of the Department to certify that evidence-based claims about those products

and publications are scientifically valid.

SEC. 115. PRIORITIES.

(a) PROPOSAL.—The Director shall propose to the Board priorities for the Institute (taking into consideration long-term research

and development on core issues conducted through the national

research and development centers). The Director shall identify

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

focused on understanding and solving particular education problems

and issues, including those associated with the goals and requirements established in the Elementary and Secondary Education

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

Act of 1965 (20 U.S.C. 1001 et seq.), such as— (1) closing the achievement gap between high-performing

and low-performing children, especially achievement gaps

between minority and nonminority children and between disadvantaged children and such children’s more advantaged

peers; and

(2) ensuring— (A) that all children have the ability to obtain a 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;

(B) access to, and opportunities for, postsecondary education; and

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

cost-effectiveness of technology use within the Nation’s

schools.

(b) APPROVAL.—The Board shall approve or disapprove the

priorities for the Institute proposed by the Director, including any

necessary revision of those priorities. The Board shall transmit

any priorities so approved to the appropriate congressional committees.

(c) CONSISTENCY.—The Board shall ensure that priorities of

the Institute and the National Education Centers are consistent

with the mission of the Institute.

(d) PUBLIC AVAILABILITY AND COMMENT.— (1) PRIORITIES.—Before submitting to the Board proposed

priorities for the Institute, the Director shall make such priorities available to the public for comment for not less than

60 days (including by means of the Internet and through publishing such priorities in the Federal Register). The Director

shall provide to the Board a copy of each such comment submitted.

(2) PLAN.—Upon approval of such priorities, the Director

shall make the Institute’s plan for addressing such priorities

available for public comment in the same manner as under

paragraph (1).

SEC. 116. NATIONAL BOARD FOR EDUCATION SCIENCES.

(a) ESTABLISHMENT.—The Institute shall have a board of directors, which shall be known as the National Board for Education

Sciences.

(b) DUTIES.—The duties of the Board shall be the following:

20 USC 9516.

20 USC 9515.

PUBLIC LAW 107–279—NOV. 5, 2002 116 STAT. 1949

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

of the Institute.

(2) To consider and approve priorities proposed by the

Director under section 115 to guide the work of the Institute.

(3) To review and approve procedures for technical and

scientific peer review of the activities of the Institute.

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

to be supported by the Institute, including the general areas

of research to be carried out by the National Center for Education Research.

(5) To present to the Director such recommendations as

it may find appropriate for—

(A) the strengthening of education research; and

(B) the funding of the Institute.

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

for grants, contracts, and cooperative agreements for research,

after the completion of peer review.

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

Institute, to ensure that scientifically valid research, development, evaluation, and statistical analysis are consistent with

the standards for such activities under this title.

(8) To advise the Director on ensuring that activities conducted or supported by the Institute are objective, secular,

neutral, and nonideological and are free of partisan political

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

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

educational field, particularly practitioners and researchers,

to recommend to the Director topics that require long-term,

sustained, systematic, programmatic, and integrated research

efforts, including knowledge utilization and wide dissemination

of research, consistent with the priorities and mission of the

Institute.

(10) To advise the Director on opportunities for the participation in, and the advancement of, women, minorities, and

persons with disabilities in education research, statistics, and

evaluation activities of the Institute.

(11) To recommend to the Director ways to enhance strategic partnerships and collaborative efforts among other Federal

and State research agencies.

(12) To recommend to the Director individuals to serve

as Commissioners of the National Education Centers.

(c) COMPOSITION.—

(1) VOTING MEMBERS.—The Board shall have 15 voting

members appointed by the President, by and with the advice

and consent of the Senate.

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

individuals to serve on the Board from the National Academy

of Sciences, the National Science Board, and the National

Science Advisor.

(3) NONVOTING EX OFFICIO MEMBERS.—The Board shall

have the following nonvoting ex officio members:

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

(B) Each of the Commissioners of the National Education Centers.

(C) The Director of the National Institute of Child

Health and Human Development.

(D) The Director of the Census.

116 STAT. 1950 PUBLIC LAW 107–279—NOV. 5, 2002

(E) The Commissioner of Labor Statistics.

(F) The Director of the National Science Foundation.

(4) APPOINTED MEMBERSHIP.—

(A) QUALIFICATIONS.—Members appointed under paragraph (1) shall be highly qualified to appraise education

research, statistics, evaluations, or development, and shall

include the following individuals:

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

statistics, evaluation, social sciences, or physical and

biological sciences, which may include those

researchers recommended by the National Academy

of Sciences.

(ii) Individuals who are knowledgeable about the

educational needs of the United States, who may

include school-based professional educators, parents

(including parents with experience in promoting

parental involvement in education), Chief State School

Officers, State postsecondary education executives,

presidents of institutions of higher education, local educational agency superintendents, early childhood

experts, principals, members of State or local boards

of education or Bureau-funded school boards, and

individuals from business and industry with experience

in promoting private sector involvement in education.

(B) TERMS.—Each member appointed under paragraph

(1) shall serve for a term of 4 years, except that—

(i) the terms of the initial members appointed

under such paragraph shall (as determined by a

random selection process at the time of appointment)

be for staggered terms of—

(I) 4 years for each of 5 members;

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

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

(ii) no member appointed under such paragraph

shall serve for more than 2 consecutive terms.

(C) UNEXPIRED TERMS.—Any member appointed to fill

a vacancy occurring before the expiration of the term for

which the member’s predecessor was appointed shall be

appointed only for the remainder of that term.

(D) CONFLICT OF INTEREST.—A voting member of the

Board shall be considered a special Government employee

for the purposes of the Ethics in Government Act of 1978.

(5) CHAIR.—The Board shall elect a chair from among

the members of the Board.

(6) COMPENSATION.—Members of the Board shall serve

without pay for such service. Members of the Board who are

officers or employees of the United States may not receive

additional pay, allowances, or benefits by reason of their service

on the Board.

(7) TRAVEL EXPENSES.—The members of the Board shall

receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title

5, United States Code.

(8) POWERS OF THE BOARD.—

(A) EXECUTIVE DIRECTOR.—The Board shall have an

Executive Director who shall be appointed by the Board.

PUBLIC LAW 107–279—NOV. 5, 2002 116 STAT. 1951

(B) ADDITIONAL STAFF.—The Board shall utilize such

additional staff as may be appointed or assigned by the

Director, in consultation with the Chair and the Executive

Director.

(C) DETAIL OF PERSONNEL.—The Board may use the

services and facilities of any department or agency of the

Federal Government. Upon the request of the Board, the

head of any Federal department or agency may detail any

of the personnel of that department or agency to the Board

to assist the Board in carrying out this Act.

(D) CONTRACTS.—The Board may enter into contracts

or make other arrangements as may be necessary to carry

out its functions.

(E) INFORMATION.—The Board may, to the extent otherwise permitted by law, obtain directly from any executive

department or agency of the Federal Government such

information as the Board determines necessary to carry

out its functions.

(9) MEETINGS.—The Board shall meet not less than 3 times

each year. The Board shall hold additional meetings at the

call of the Chair or upon the written request of not less than

6 voting members of the Board. Meetings of the Board shall

be open to the public.

(10) QUORUM.—A majority of the voting members of the

Board serving at the time of the meeting shall constitute a

quorum.

(d) STANDING COMMITTEES.—

(1) ESTABLISHMENT.—The Board may establish standing

committees—

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

Centers; and

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

to the Director and the Commissioner of the appropriate

National Education Center.

(2) MEMBERSHIP.—A majority of the members of each

standing committee shall be voting members of the Board whose

expertise is needed for the functioning of the committee. In

addition, the membership of each standing committee may

include, as appropriate—

(A) experts and scientists in research, statistics,

evaluation, or development who are recognized in their

discipline as highly qualified to represent such discipline

and who are not members of the Board, but who may

have been recommended by the Commissioner of the appropriate National Education Center and approved by the

Board;

(B) ex officio members of the Board; and

(C) policymakers and expert practitioners with knowledge of, and experience using, the results of research,

evaluation, and statistics who are not members of the

Board, but who may have been recommended by the

Commissioner of the appropriate National Education

Center and approved by the Board.

(3) DUTIES.—Each standing committee shall—

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

or the standing committee, on any grant, contract, or

116 STAT. 1952 PUBLIC LAW 107–279—NOV. 5, 2002

cooperative agreement entered into (or proposed to be

entered into) by the applicable National Education Center;

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

evaluation of the operations of the applicable National Education Center;

(C) review and comment on the relevant plan for activities to be undertaken by the applicable National Education

Center for each fiscal year; and

(D) report periodically to the Board regarding the

activities of the committee and the applicable National

Education Center.

(e) ANNUAL REPORT.—The Board shall submit to the Director,

the Secretary, and the appropriate congressional committees, not

later than July 1 of each year, a report that assesses the effectiveness of the Institute in carrying out its priorities and mission,

especially as such priorities and mission relate to carrying out

scientifically valid research, conducting unbiased evaluations, collecting and reporting accurate education statistics, and translating

research into practice.

(f) RECOMMENDATIONS.—The Board shall submit to the

Director, the Secretary, and the appropriate congressional committees a report that includes any recommendations regarding any

actions that may be taken to enhance the ability of the Institute

to carry out its priorities and mission. The Board shall submit

an interim report not later than 3 years after 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) APPOINTMENT OF COMMISSIONERS.—

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

of the National Education Centers shall be headed by a

Commissioner appointed by the Director. In appointing

Commissioners, the Director shall seek to promote continuity

in leadership of the National Education Centers and shall consider individuals recommended by the Board. The Director may

appoint a Commissioner to carry out the functions of a National

Education Center without regard to the provisions of title 5,

United States Code, governing appointments in the competitive

service, and the provisions of chapter 51 and subchapter III

of chapter 53 of such title relating to classification and General

Schedule pay rates.

(2) PAY AND QUALIFICATIONS.—Except as provided in subsection (b), each Commissioner shall—

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

Executive Schedule; and

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

or evaluation.

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

Commissioner shall report to the Director. A Commissioner

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

that a Commissioner—

(A) may be reappointed by the Director; and

(B) may serve after the expiration of that Commissioner’s term, until a successor has been appointed, for

a period not to exceed 1 additional year.

20 USC 9517.

Reports.

Deadline.

Deadline.

PUBLIC LAW 107–279—NOV. 5, 2002 116 STAT. 1953

(b) APPOINTMENT OF COMMISSIONER FOR EDUCATION STATISTICS.—The National Center for Education Statistics shall be headed

by a Commissioner for Education Statistics who shall be appointed

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

and who shall—

(1) have substantial knowledge of programs assisted by

the National Center for Education Statistics;

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

Schedule; and

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

every sixth June 21, beginning in 2003.

(c) COORDINATION.—Each Commissioner of a National Education Center shall coordinate with each of the other Commissioners

of the National Education Centers in carrying out such Commissioner’s duties under this title.

(d) SUPERVISION AND APPROVAL.—Each Commissioner, 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.

The Institute may carry out research projects of common

interest with entities such as the National Science Foundation

and the National Institute of Child Health and Human Development

through agreements with such entities that are in accordance with

section 430 of the General Education Provisions Act (20 U.S.C.

1231).

SEC. 119. BIENNIAL REPORT.

The Director shall, on a biennial basis, transmit to the President, the Board, and the appropriate congressional committees,

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

the Internet), a report containing the following:

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

the National Education Centers during the prior fiscal years.

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

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

Education Centers during the prior fiscal years, including, at

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

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

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

electronic database.

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

Education Centers are consistent with the principles of scientifically valid research and the priorities and mission of the

Institute.

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

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, when practicable, through a process of

peer review.

20 USC 9520.

20 USC 9519.

20 USC 9518.

116 STAT. 1954 PUBLIC LAW 107–279—NOV. 5, 2002

PART B—NATIONAL CENTER FOR EDUCATION

RESEARCH

SEC. 131. ESTABLISHMENT.

(a) ESTABLISHMENT.—There is established in the Institute a

National Center for Education Research (in this part referred to

as the ‘‘Research Center’’).

(b) MISSION.—The mission of the Research Center is—

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

accumulation of knowledge and understanding of education,

to—

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

(B) improve student academic achievement, including

through the use of educational technology;

(C) close the achievement gap between high-performing

and low-performing students through the improvement of

teaching and learning of reading, writing, mathematics,

science, and other academic subjects; and

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

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

integration of education research;

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

accepted practices of scientific inquiry to obtain knowledge and

understanding of the validity of education theories, practices,

or conditions; and

(4) to promote scientifically valid research findings that

can provide the basis for improving academic instruction and

lifelong learning.

SEC. 132. COMMISSIONER FOR EDUCATION RESEARCH.

The Research Center shall be headed by a Commissioner for

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

Commissioner’’) who shall have substantial knowledge of the activities of the Research Center, including a high level of expertise

in the fields of research and research management.

SEC. 133. DUTIES.

(a) GENERAL DUTIES.—The Research Center shall—

(1) maintain published peer-review standards and standards for the conduct and evaluation of all research and development carried out under the auspices of the Research Center

in accordance with this part;

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

(A) is consistent with the priorities and mission of

the Institute and the mission of the Research Center and

includes the activities described in paragraph (3); and

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

and, as appropriate, be updated and modified;

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

are consistent with the priorities and mission of the Institute,

and are approved by the Director;

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

carry out scientifically valid research that—

20 USC 9533.

20 USC 9532.

20 USC 9531.

PUBLIC LAW 107–279—NOV. 5, 2002 116 STAT. 1955

(A) uses objective and measurable indicators, including

timelines, that are used to assess the progress and results

of such research;

(B) meets the procedures for peer review established

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

of research described in section 134; and

(C) includes both basic research and applied research,

which shall include research conducted through field-initiated research and ongoing research initiatives;

(5) promote the use of scientifically valid research within

the Federal Government, including active participation in interagency research projects described in section 118;

(6) ensure that research conducted under the direction

of the Research Center is relevant to education practice and

policy;

(7) synthesize and disseminate, through the National

Center for Education Evaluation and Regional Assistance, the

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

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

report, as described in section 119;

(9) carry out research on successful State and local education reform activities, including those that result in increased

academic achievement and in closing the achievement gap,

as approved by the Director;

(10) carry out research initiatives regarding the impact

of technology, including—

(A) research into how technology affects student

achievement;

(B) long-term research into cognition and learning

issues as they relate to the uses of technology;

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

broadly applicable empirical research that is designed to

determine which approaches to the use of technology are

most effective and cost-efficient in practice and under what

conditions; and

(D) field-based research on how teachers implement

technology and Internet-based resources in the classroom,

including an understanding how these resources are being

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

and

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

and large scale to determine which methods of mathematics

and science teaching are most effective, cost efficient, and able

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

and secondary classrooms, including in low-performing schools,

to improve the teaching of, and student achievement in, mathematics and science as required under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).

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

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

scientifically valid research.

(c) NATIONAL RESEARCH AND DEVELOPMENT CENTERS.—

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

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

8 national research and development centers. The Research

116 STAT. 1956 PUBLIC LAW 107–279—NOV. 5, 2002

Commissioner shall assign each of the 8 national research

and development centers not less than 1 of the topics described

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

assign each of the 8 national research and development centers

additional topics of research consistent with the mission and

priorities of the Institute and the mission of the Research

Center.

(2) TOPICS OF RESEARCH.—The Research Commissioner

shall support the following topics of research, through national

research and development centers or through other means:

(A) Adult literacy.

(B) Assessment, standards, and accountability

research.

(C) Early childhood development and education.

(D) English language learners research.

(E) Improving low achieving schools.

(F) Innovation in education reform.

(G) State and local policy.

(H) Postsecondary education and training.

(I) Rural education.

(J) Teacher quality.

(K) Reading and literacy.

(3) DUTIES OF CENTERS.—The national research and

development centers shall address areas of national need,

including in educational technology areas. The Research

Commissioner may support additional national research and

development centers to address topics of research not described

in paragraph (2) if such topics are consistent with the priorities

and mission of the Institute and the mission of the Research

Center. The research carried out by the centers shall incorporate the potential or existing role of educational technology,

where appropriate, in achieving the goals of each center.

(4) SCOPE.—Support for a national research and development center shall be for a period of not more than 5 years,

shall be of sufficient size and scope to be effective, and notwithstanding section 134(b), may be renewed without competition

for not more than 5 additional years if the Director, in consultation with the Research Commissioner and the Board, determines that the research of the national research and development center—

(A) continues to address priorities of the Institute;

and

(B) merits renewal (applying the procedures and standards established in section 134).

(5) LIMIT.—No national research and development center

may be supported under this subsection for a period of more

than 10 years without submitting to a competitive process

for the award of the support.

(6) CONTINUATION OF AWARDS.—The Director shall continue

awards made to the national research and development centers

that are in effect on the day before the date of enactment

of this Act in accordance with the terms of those awards and

may renew them in accordance with paragraphs (4) and (5).

(7) DISAGGREGATION.—To the extent feasible, research conducted under this subsection shall be disaggregated by age,

race, gender, and socioeconomic background.

PUBLIC LAW 107–279—NOV. 5, 2002 116 STAT. 1957

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

(a) IN GENERAL.—In carrying out this part, the Research

Commissioner shall—

(1) ensure that all research conducted under the direction

of the Research Center follows scientifically based research

standards;

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

govern the conduct and evaluation of all research, development,

and wide dissemination activities carried out by the Research

Center to assure that such activities meet the highest standards

of professional excellence;

(3) review the procedures utilized by the National Institutes

of Health, the National Science Foundation, and other Federal

departments or agencies engaged in research and development,

and actively solicit recommendations from research organizations and members of the general public in the development

of the standards described in paragraph (2); and

(4) ensure that all research complies with Federal guidelines relating to research misconduct.

(b) PEER REVIEW.—

(1) IN GENERAL.—The Director shall establish a peer review

system, involving highly qualified individuals with an in-depth

knowledge of the subject to be investigated, for reviewing and

evaluating all applications for grants and cooperative agreements that exceed $100,000, and for evaluating and assessing

the products of research by all recipients of grants and cooperative agreements under this Act.

(2) EVALUATION.—The Research Commissioner shall—

(A) develop the procedures to be used in evaluating

applications for research grants, cooperative agreements,

and contracts, and specify the criteria and factors

(including, as applicable, the use of longitudinal data

linking test scores, enrollment, and graduation rates over

time) which shall be considered in making such evaluations;

and

(B) evaluate the performance of each recipient of an

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

(c) LONG-TERM RESEARCH.—The Research Commissioner shall

ensure that not less than 50 percent of the funds made available

for research for each fiscal year shall be used to fund long-term

research programs of not less than 5 years, which support the

priorities and mission of the Institute and the mission of the

Research Center.

PART C—NATIONAL CENTER FOR EDUCATION

STATISTICS

SEC. 151. ESTABLISHMENT.

(a) ESTABLISHMENT.—There is established in the Institute a

National Center for Education Statistics (in this part referred to

as the ‘‘Statistics Center’’).

(b) MISSION.—The mission of the Statistics Center shall be—

(1) to collect and analyze education information and statistics in a manner that meets the highest methodological standards;

20 USC 9541.

20 USC 9534.

116 STAT. 1958 PUBLIC LAW 107–279—NOV. 5, 2002

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

manner; and

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

and statistics in a manner that—

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

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

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

policymakers, and the public.

SEC. 152. COMMISSIONER FOR EDUCATION STATISTICS.

The Statistics Center shall be headed by a Commissioner for

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

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

knowledge of statistical methodologies and activities undertaken

by the Statistics Center.

SEC. 153. DUTIES.

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

report, analyze, and disseminate statistical data related to education in the United States and in other nations, including—

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

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

statistics (disaggregated by the population characteristics

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

education, at the preschool, elementary, secondary, postsecondary, and adult levels in the United States, including data

on—

(A) State and local education reform activities;

(B) State and local early childhood school readiness

activities;

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

academic areas of reading, mathematics, and science at

all levels of education;

(D) secondary school completions, dropouts, and adult

literacy and reading skills;

(E) access to, and opportunity for, postsecondary education, including data on financial aid to postsecondary

students;

(F) teaching, including—

(i) data on in-service professional development,

including a comparison of courses taken in the core

academic areas of reading, mathematics, and science

with courses in noncore academic areas, including technology courses; and

(ii) the percentage of teachers who are highly qualified (as such term is defined in section 9101 of the

Elementary and Secondary Education Act of 1965 (20

U.S.C. 7801)) in each State and, where feasible, in

each local educational agency and school;

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

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

of violence affecting students, school personnel, and other

individuals participating in school activities, as well as

other indices of school safety, including information

regarding—

20 USC 9543.

20 USC 9542.

PUBLIC LAW 107–279—NOV. 5, 2002 116 STAT. 1959

(i) the relationship between victims and perpetrators;

(ii) demographic characteristics of the victims and

perpetrators; and

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

classified in the Uniform Crime Reports of the Federal

Bureau of Investigation;

(I) the financing and management of education,

including data on revenues and expenditures;

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

their academic achievement;

(K) the existence and use of educational technology

and access to the Internet by students and teachers in

elementary schools and secondary schools;

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

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

and after-school programs (including such programs during

school recesses);

(N) student participation in and completion of secondary and postsecondary vocational and technical education programs by specific program area; and

(O) the existence and use of school libraries;

(2) conducting and publishing reports on the meaning and

significance of the statistics described in paragraph (1);

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

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

socioeconomic status, limited English proficiency, mobility, disability, urban, rural, suburban districts, and other population

characteristics, when such disaggregated information will facilitate educational and policy decisionmaking;

(4) assisting public and private educational agencies,

organizations, and institutions in improving and automating

statistical and data collection activities, which may include

assisting State educational agencies and local educational agencies with the disaggregation of data and with the development

of longitudinal student data systems;

(5) determining voluntary standards and guidelines to

assist State educational agencies in developing statewide

longitudinal data systems that link individual student data

consistent with the requirements of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), promote

linkages across States, and protect student privacy consistent

with section 183, to improve student academic achievement

and close achievement gaps;

(6) acquiring and disseminating data on educational activities and student achievement (such as the Third International

Math and Science Study) in the United States compared with

foreign nations;

(7) conducting longitudinal and special data collections necessary to report on the condition and progress of education;

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

report, as described in section 119; and

(9) determining, in consultation with the National Research

Council of the National Academies, methodology by which

States may accurately measure graduation rates (defined as

the percentage of students who graduate from secondary school

116 STAT. 1960 PUBLIC LAW 107–279—NOV. 5, 2002

with a regular diploma in the standard number of years),

school completion rates, and dropout rates.

(b) TRAINING PROGRAM.—The Statistics Commissioner may

establish a program to train employees of public and private educational agencies, organizations, and institutions in the use of

standard statistical procedures and concepts, and may establish

a fellowship program to appoint such employees as temporary fellows at the Statistics Center, in order to assist the Statistics Center

in carrying out its duties.

SEC. 154. PERFORMANCE OF DUTIES.

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

carrying out the duties under this part, the Statistics Commissioner,

may award grants, enter into contracts and cooperative agreements,

and provide technical assistance.

(b) GATHERING INFORMATION.— (1) SAMPLING.—The Statistics Commissioner may use the

statistical method known as sampling (including random sampling) to carry out this part.

(2) SOURCE OF INFORMATION.—The Statistics Commissioner

may, as appropriate, use information collected—

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

private schools, preschools, institutions of higher education,

vocational and adult education programs, libraries,

administrators, teachers, students, the general public, and

other individuals, organizations, agencies, and institutions

(including information collected by States and local educational agencies for their own use); and

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

Federal departments, agencies, and instrumentalities.

(3) COLLECTION.—The Statistics Commissioner may—

(A) enter into interagency agreements for the collection

of statistics;

(B) arrange with any agency, organization, or institution for the collection of statistics; and

(C) assign employees of the Statistics Center to any

such agency, organization, or institution to assist in such

collection.

(4) TECHNICAL ASSISTANCE AND COORDINATION.—In order

to maximize the effectiveness of Department efforts to serve

the educational needs of children and youth, the Statistics

Commissioner shall—

(A) provide technical assistance to the Department

offices that gather data for statistical purposes; and

(B) coordinate with other Department offices in the

collection of data.

(c) DURATION.—Notwithstanding any other provision of law,

the grants, contracts, and cooperative agreements under this section

may be awarded, on a competitive basis, for a period of not more

than 5 years, and may be renewed at the discretion of the Statistics

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

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

20 USC 9545.

20 USC 9544.

PUBLIC LAW 107–279—NOV. 5, 2002 116 STAT. 1961

peer review, 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, 2003, 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.—The Statistics Commissioner shall

issue regular and, as necessary, special statistical reports on education topics, particularly in the core academic areas of reading,

mathematics, and science, consistent with the priorities and the

mission of the Statistics Center.

SEC. 156. DISSEMINATION.

(a) GENERAL REQUESTS.—

(1) IN GENERAL.—The Statistics Center may furnish transcripts or copies of tables and other statistical records and

make special statistical compilations and surveys for State

and local officials, public and private organizations, and individuals.

(2) COMPILATIONS.—The Statistics Center shall provide

State educational agencies, local educational agencies, and

institutions of higher education with opportunities to suggest

the establishment of particular compilations of statistics, surveys, and analyses that will assist those educational agencies.

(b) CONGRESSIONAL REQUESTS.—The Statistics Center shall furnish such special statistical compilations and surveys as the relevant congressional committees may request.

(c) JOINT STATISTICAL PROJECTS.—The Statistics Center may

engage in joint statistical projects related to the mission of the

Center, or other statistical purposes authorized by law, with nonprofit organizations or agencies, and the cost of such projects shall

be shared equitably as determined by the Secretary.

(d) FEES.—

(1) IN GENERAL.—Statistical compilations and surveys

under this section, other than those carried out pursuant to

subsections (b) and (c), may be made subject to the payment

of the actual or estimated cost of such work.

(2) FUNDS RECEIVED.—All funds received in payment for

work or services described in this subsection may be used

to pay directly the costs of such work or services, to repay

appropriations that initially bore all or part of such costs,

or to refund excess sums when necessary.

(e) ACCESS.—

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

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

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

accordance with such terms and conditions as the Center may

prescribe, provide all interested parties, including public and

private agencies, parents, and other individuals, direct access,

in the most appropriate form (including, where possible, electronically), to data collected by the Statistics Center for the

purposes of research and acquiring statistical information.

20 USC 9546.

Deadline.

116 STAT. 1962 PUBLIC LAW 107–279—NOV. 5, 2002

SEC. 157. COOPERATIVE EDUCATION STATISTICS SYSTEMS.

The Statistics Center may establish 1 or more national cooperative education statistics systems for the purpose of producing and

maintaining, with the cooperation of the States, comparable and

uniform information and data on early childhood education,

elementary and secondary education, postsecondary education,

adult education, and libraries, that are useful for policymaking

at the Federal, State, and local levels.

SEC. 158. STATE DEFINED.

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

the District of Columbia, and the Commonwealth of Puerto Rico.

PART D—NATIONAL CENTER FOR EDUCATION

EVALUATION AND REGIONAL ASSISTANCE

SEC. 171. ESTABLISHMENT.

(a) ESTABLISHMENT.—There is established in the Institute a

National Center for Education Evaluation and Regional Assistance.

(b) MISSION.—The mission of the National Center for Education

Evaluation and Regional Assistance shall be—

(1) to provide technical assistance;

(2) to conduct evaluations of Federal education programs

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

other education programs) to determine the impact of such

programs (especially on student academic achievement in the

core academic areas of reading, mathematics, and science);

(3) to support synthesis and wide dissemination of results

of evaluation, research, and products developed; and

(4) to encourage the use of scientifically valid education

research and evaluation throughout the United States.

(c) GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS.—In

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

grants, enter into contracts and cooperative agreements, and provide technical assistance.

SEC. 172. COMMISSIONER FOR EDUCATION EVALUATION AND

REGIONAL ASSISTANCE.

(a) IN GENERAL.—The National Center for Education Evaluation and Regional Assistance shall be headed by a Commissioner

for Education Evaluation and Regional Assistance (in this part

referred to as the ‘‘Evaluation and Regional Assistance Commissioner’’) who is highly qualified and has demonstrated a capacity

to carry out the mission of the Center and shall—

(1) conduct evaluations pursuant to section 173;

(2) widely disseminate information on scientifically valid

research, statistics, and evaluation on education, particularly

to State educational agencies and local educational agencies,

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

voluntary organizations, professional associations, and other

constituencies, especially with respect to information relating

to, at a minimum—

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

and science;

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

20 USC 9562.

20 USC 9561.

20 USC 9548.

20 USC 9547.

PUBLIC LAW 107–279—NOV. 5, 2002 116 STAT. 1963

(C) educational practices that improve academic

achievement and promote learning;

(D) education technology, including software; and

(E) those topics covered by the Educational Resources

Information Center Clearinghouses (established under section 941(f) of the Educational Research, Development,

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

6041(f)) (as such provision was in effect on the day before

the date of enactment of this Act);

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

timely, and efficient manner (including through use of a searchable Internet-based online database that shall include all topics

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

education, educators (including early childhood educators), parents, administrators, policymakers, researchers, public and private entities (including providers of early childhood services),

entities responsible for carrying out technical assistance

through the Department, and the general public;

(4) support the regional educational laboratories in conducting applied research, the development and dissemination

of educational research, products and processes, the provision

of technical assistance, and other activities to serve the educational needs of such laboratories’ regions;

(5) manage the National Library of Education described

in subsection (d), and other sources of digital information on

education research;

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

report, described in section 119; and

(7) award a contract for a prekindergarten through grade

12 mathematics and science teacher clearinghouse.

(b) ADDITIONAL DUTIES.—In carrying out subsection (a), the

Evaluation and Regional Assistance Commissioner shall—

(1) ensure that information disseminated under this section

is provided in a cost-effective, nonduplicative manner that

includes the most current research findings, which may include

through the continuation of individual clearinghouses authorized under the Educational Research, Development, Dissemination, and Improvement Act of 1994 (title IX of the Goals 2000:

Educate America Act; 20 U.S.C. 6001 et seq.) (as such Act

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

(2) describe prominently the type of scientific evidence that

is used to support the findings that are disseminated;

(3) explain clearly the scientifically appropriate and

inappropriate uses of—

(A) the findings that are disseminated; and

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

and

(4) respond, as appropriate, to inquiries from schools, educators, parents, administrators, policymakers, researchers,

public and private entities, and entities responsible for carrying

out technical assistance.

(c) CONTINUATION.—The Director shall continue awards for the

support of the Educational Resources Information Center Clearinghouses and contracts for regional educational laboratories (established under subsections (f) and (h) of section 941 of the Educational

Research, Development, Dissemination, and Improvement Act of

1994 (20 U.S.C. 6041(f) and (h)) (as such awards were in effect

116 STAT. 1964 PUBLIC LAW 107–279—NOV. 5, 2002

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.

(d) NATIONAL LIBRARY OF EDUCATION.—

(1) ESTABLISHMENT.—There is established within the

National Center for Education Evaluation and Regional Assistance a National Library of Education that shall—

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

in library science;

(B) collect and archive information;

(C) provide a central location within the Federal

Government for information about education;

(D) provide comprehensive reference services on matters related to education to employees of the Department

of Education and its contractors and grantees, other Federal employees, and members of the public; and

(E) promote greater cooperation and resource sharing

among providers and repositories of education information

in the United States.

(2) INFORMATION.—The information collected and archived

by the National Library of Education shall include—

(A) products and publications developed through, or

supported by, the Institute; and

(B) other relevant and useful education-related

research, statistics, and evaluation materials and other

information, projects, and publications that are—

(i) consistent with—

(I) scientifically valid research; or

(II) the priorities and mission of the Institute;

and

(ii) developed by the Department, other Federal

agencies, or entities (including entities supported under

the Educational Technical Assistance Act of 2002 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))).

SEC. 173. EVALUATIONS.

(a) IN GENERAL.—

(1) REQUIREMENTS.—In carrying out its missions, the

National Center for Education Evaluation and Regional Assistance may—

(A) conduct or support evaluations consistent with the

Center’s mission as described in section 171(b);

(B) evaluate programs under title I of the Elementary

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

et seq.);

(C) to the extent practicable, examine evaluations conducted or supported by others in order to determine the

quality and relevance of the evidence of effectiveness generated by those evaluations, with the approval of the

Director;

20 USC 9563.

PUBLIC LAW 107–279—NOV. 5, 2002 116 STAT. 1965

(D) coordinate the activities of the National Center

for Education Evaluation and Regional Assistance with

other evaluation activities in the Department;

(E) review and, where feasible, supplement Federal

education program evaluations, particularly those by the

Department, to determine or enhance the quality and relevance of the evidence generated by those evaluations;

(F) establish evaluation methodology; and

(G) assist the Director in the preparation of the

biennial report, as described in section 119.

(2) ADDITIONAL REQUIREMENTS.—Each evaluation conducted by the National Center for Education Evaluation and

Regional Assistance pursuant to paragraph (1) shall— (A) adhere to the highest possible standards of quality

for conducting scientifically valid education evaluation; and

(B) be subject to rigorous peer-review.

(b) ADMINISTRATION OF EVALUATIONS UNDER TITLE I OF THE

ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.—The

Evaluation and Regional Assistance Commissioner, consistent with

the mission of the National Center for Education Evaluation and

Regional Assistance under section 171(b), shall administer all operations and contracts associated with evaluations authorized by part

E of title I of the Elementary and Secondary Education Act of

1965 (20 U.S.C. 6491 et seq.) and administered by the Department

as of the date of enactment of this Act.

SEC. 174. REGIONAL EDUCATIONAL LABORATORIES FOR RESEARCH,

DEVELOPMENT, DISSEMINATION, AND TECHNICAL

ASSISTANCE.

(a) REGIONAL EDUCATIONAL LABORATORIES.—The Director shall

enter into contracts with entities to establish a networked system

of 10 regional educational laboratories that serve the needs of

each region of the United States in accordance with the provisions

of this section. The amount of assistance allocated to each laboratory

by the Evaluation and Regional Assistance Commissioner shall

reflect the number of local educational agencies and the number

of school-age children within the region served by such laboratory,

as well as the cost of providing services within the geographic

area encompassed by the region.

(b) REGIONS.—The regions served by the regional educational

laboratories shall be the 10 geographic regions served by the

regional educational laboratories established under section 941(h)

of the Educational Research, Development, Dissemination, and

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

before the date of enactment of this Act).

(c) ELIGIBLE APPLICANTS.—The Director may enter into contracts under this section with research organizations, institutions,

agencies, institutions of higher education, or partnerships among

such entities, or individuals, with the demonstrated ability or

capacity to carry out the activities described in this section,

including regional entities that carried out activities under the

Educational Research, Development, Dissemination, and Improvement Act of 1994 (as such Act existed on the day before 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)).

Contracts.

20 USC 9564.

116 STAT. 1966 PUBLIC LAW 107–279—NOV. 5, 2002

(d) APPLICATIONS.— (1) SUBMISSION.—Each applicant desiring a contract under

this section shall submit an application at such time, in such

manner, and containing such information as the Director may

reasonably require.

(2) PLAN.—Each application submitted under paragraph

(1) shall contain a 5-year plan for carrying out the activities

described in this section in a manner that addresses the priorities established under section 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.

(e) ENTERING INTO CONTRACTS.— (1) IN GENERAL.—In entering into contracts under this section, the Director shall— (A) enter into contracts for a 5-year period; and

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

employ qualified staff.

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

prevent unnecessary duplication of activities among the regions,

the Evaluation and Regional Assistance Commissioner shall—

(A) share information about the activities of each

regional educational laboratory awarded a contract under

this section with each other regional educational laboratory

awarded a contract under this section and with the Department of Education, including the Director and the Board;

(B) oversee a strategic plan for ensuring that each

regional educational laboratory awarded a contract under

this section increases collaboration and resource-sharing

in such activities;

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

each regional educational laboratory awarded a contract

under this section also serve national interests; and

(D) ensure that each regional educational laboratory

awarded a contract under this section coordinates such

laboratory’s activities with the activities of each other

regional technical assistance provider.

(3) OUTREACH.—In conducting competitions for contracts

under this section, the Director shall—

(A) actively encourage eligible entities to compete for

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

(B) seek input from the chief executive officers of

States, chief State school officers, educators, and parents

regarding the need for applied research, wide dissemination, training, technical assistance, and development activities authorized by this title in the regions to be served

by the regional educational laboratories and how those

educational needs could be addressed most effectively.

(4) OBJECTIVES AND INDICATORS.—Before entering into a

contract under this section, the Director shall design specific

objectives and measurable indicators to be used to assess the

particular programs or initiatives, and ongoing progress and

performance, of the regional educational laboratories, in order

to ensure that the educational needs of the region are being

PUBLIC LAW 107–279—NOV. 5, 2002 116 STAT. 1967

met and that the latest and best research and proven practices

are being carried out as part of school improvement efforts.

(5) STANDARDS.—The Evaluation and Regional Assistance

Commissioner shall establish a system for technical and peer

review to ensure that applied research activities, 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).

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

educational laboratory awarded a contract under this section shall

support applied research, development, wide dissemination, and

technical assistance activities by—

(1) providing training (which may include supporting

internships and fellowships and providing stipends) and technical assistance to State educational agencies, local educational

agencies, school boards, schools funded by the Bureau as appropriate, and State boards of education regarding, at a

minimum—

(A) the administration and implementation of programs

under the Elementary and Secondary Education Act of

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

(B) scientifically valid research in education on

teaching methods, assessment tools, and high quality, challenging curriculum frameworks for use by teachers and

administrators in, at a minimum—

(i) the core academic subjects of mathematics,

science, and reading;

(ii) English language acquisition;

(iii) education technology; and

(iv) the replication and adaption of exemplary and

promising practices and new educational methods,

including professional development strategies and the

use of educational technology to improve teaching and

learning; and

(C) the facilitation of communication between educational experts, school officials, and teachers, parents, and

librarians, to enable such individuals to assist schools to

develop a plan to meet the State education goals;

(2) developing and widely disseminating, including through

Internet-based means, scientifically valid research, information,

reports, and publications that are usable for improving academic achievement, closing achievement gaps, and encouraging

and sustaining school improvement, to—

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

educators (including early childhood educators and librarians), parents, policymakers, and other constituencies, as

appropriate, within the region in which the regional educational laboratory is located; and

(B) the National Center for Education Evaluation and

Regional Assistance;

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

of the region by conducting a continuing survey of the educational needs, strengths, and weaknesses within the region,

including a process of open hearings to solicit the views of

schools, teachers, administrators, parents, local educational

116 STAT. 1968 PUBLIC LAW 107–279—NOV. 5, 2002

agencies, librarians, and State educational agencies within the

region;

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

exist as determined by the regional educational laboratory or

the Department, carrying out applied research projects that

are designed to serve the particular educational needs (in prekindergarten through grade 16) of the region in which the

regional educational laboratory is located, that reflect findings

from scientifically valid research, and that result in userfriendly, replicable school-based classroom applications geared

toward promoting increased student achievement, including

using applied research to assist in solving site-specific problems

and assisting in development activities (including high-quality

and on-going professional development and effective parental

involvement strategies);

(5) supporting and serving the educational development

activities and needs of the region by providing educational

applied research in usable forms to promote school-improvement, academic achievement, and the closing of achievement

gaps and contributing to the current base of education knowledge by addressing enduring problems in elementary and secondary education and access to postsecondary education;

(6) collaborating and coordinating services with other technical assistance providers funded by the Department of Education;

(7) assisting in gathering information on school finance

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

(8) assisting in gathering information on alternative

administrative structures that are more conducive to planning,

implementing, and sustaining school reform and improved academic achievement;

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

low-performing or high poverty schools; and

(10) developing innovative approaches to the application

of technology in education that are unlikely to originate from

within the private sector, but which could result in the development of new forms of education software, education content,

and technology-enabled pedagogy.

(g) ACTIVITIES.—Each regional educational laboratory awarded

a contract under this section shall carry out the following activities:

(1) Collaborate with the National Education Centers in

order to—

(A) maximize the use of research conducted through

the National Education Centers in the work of such laboratory;

(B) keep the National Education Centers apprised of

the work of the regional educational laboratory in the field;

and

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

(2) Consult with the State educational agencies and local

educational agencies in the region in developing the plan for

serving the region.

PUBLIC LAW 107–279—NOV. 5, 2002 116 STAT. 1969

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

(4) Report and disseminate information on overcoming the

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

and rural areas.

(5) Identify successful educational programs that have

either been developed by such laboratory in carrying out such

laboratory’s functions or that have been developed or used

by others within the region served by the laboratory and make

such information available to the Secretary and the network

of regional educational laboratories so that such programs may

be considered for inclusion in the national education dissemination system.

(h) GOVERNING BOARD AND ALLOCATION.—

(1) IN GENERAL.—In carrying out its responsibilities, each

regional educational laboratory awarded a contract under this

section, in keeping with the terms and conditions of such laboratory’s contract, shall—

(A) establish a governing board that—

(i) reflects a balanced representation of—

(I) the States in the region;

(II) the interests and concerns of regional

constituencies; and

(III) technical expertise;

(ii) includes the chief State school officer or such

officer’s designee of each State represented in such

board’s region;

(iii) includes—

(I) representatives nominated by chief executive officers of States and State organizations of

superintendents, principals, institutions of higher

education, teachers, parents, businesses, and

researchers; or

(II) other representatives of the organizations

described in subclause (I), as required by State

law in effect on the day before the date of enactment of this Act;

(iv) is the sole entity that—

(I) guides and directs the laboratory in carrying out the provisions of this subsection and

satisfying the terms and conditions of the contract

award;

(II) determines the regional agenda of the laboratory;

(III) engages in an ongoing dialogue with the

Evaluation and Regional Assistance Commissioner

concerning the laboratory’s goals, activities, and

priorities; and

(IV) determines at the start of the contract

period, subject to the requirements of this section

and in consultation with the Evaluation and

Regional Assistance Commissioner, the mission of

the regional educational laboratory for the duration of the contract period;

116 STAT. 1970 PUBLIC LAW 107–279—NOV. 5, 2002

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

the laboratory’s work and products;

(vi) establishes standards to ensure that the

regional educational laboratory has strong and effective

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

(vii) directs the regional educational laboratory to

carry out the laboratory’s duties in a manner that

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

systems; and

(viii) conducts a continuing survey of the educational needs, strengths, and weaknesses within the

region, including a process of open hearings to solicit

the views of schools and teachers; and

(B) allocate the regional educational laboratory’s

resources to and within each State in a manner which

reflects the need for assistance, taking into account such

factors as the proportion of economically disadvantaged

students, the increased cost burden of service delivery in

areas of sparse populations, and any special initiatives

being undertaken by State, intermediate, local educational

agencies, or Bureau-funded schools, as appropriate, which

may require special assistance from the laboratory.

(2) SPECIAL RULE.—If a regional educational laboratory

needs flexibility in order to meet the requirements of paragraph

(1)(A)(i), the regional educational laboratory may select not

more than 10 percent of the governing board from individuals

outside those representatives nominated in accordance with

paragraph (1)(A)(iii).

(i) DUTIES OF GOVERNING BOARD.—In order to improve the

efficiency and effectiveness of the regional educational laboratories,

the governing boards of the regional educational laboratories shall

establish and maintain a network to—

(1) share information about the activities each laboratory

is carrying out;

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

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

undertaken by the laboratories to reduce redundancy and

increase collaboration and resource-sharing in such activities;

and

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

needs.

(j) EVALUATIONS.—The Evaluation and Regional Assistance

Commissioner shall provide for independent evaluations of each

of the regional educational laboratories in carrying out the duties

described in this section in the third year that such laboratory

receives assistance under this section in accordance with the standards developed by the Evaluation and Regional Assistance Commissioner and approved by the Board and shall transmit the results

of such evaluations to the relevant committees of Congress, the

Board, and the appropriate regional educational laboratory governing board.

PUBLIC LAW 107–279—NOV. 5, 2002 116 STAT. 1971

(k) RULE OF CONSTRUCTION.—No regional educational laboratory receiving assistance under this section shall, by reason of

the receipt of that assistance, be ineligible to receive any other

assistance from the Department of Education as authorized by

law or be prohibited from engaging in activities involving international projects or endeavors.

(l) ADVANCE PAYMENT SYSTEM.—Each regional educational laboratory awarded a contract under this section shall participate

in the advance payment system at the Department of Education.

(m) ADDITIONAL PROJECTS.—In addition to activities authorized

under this section, the Director is authorized to enter into contracts

or agreements with a regional educational laboratory for the purpose of carrying out additional projects to enable such regional

educational laboratory to assist in efforts to achieve State education

goals and for other purposes.

(n) ANNUAL REPORT AND PLAN.—Not later than July 1 of each

year, each regional educational laboratory awarded a contract under

this section shall submit to the Evaluation and Regional Assistance

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

such laboratory’s mission, activities, and scope of work are

described, including a general description of the plans such

laboratory expects to submit in the remaining years of such

laboratory’s contract; and

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

needs of the region, including a summary of activities during

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

and any other information that the regional educational laboratory may consider relevant or the Evaluation and Regional

Assistance Commissioner may require.

(o) CONSTRUCTION.—Nothing in this section shall be construed

to require any modifications in a regional educational laboratory

contract in effect on the day before the date of enactment of this

Act.

PART E—GENERAL PROVISIONS

SEC. 181. INTERAGENCY DATA SOURCES AND FORMATS.

The Secretary, in consultation with the Director, shall ensure

that the Department and the Institute use common sources of

data in standardized formats.

SEC. 182. PROHIBITIONS.

(a) NATIONAL DATABASE.—Nothing in this title may be construed to authorize the establishment of a nationwide database

of individually identifiable information on individuals involved in

studies or other collections of data under this title.

(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 the curriculum, program of instruction, or allocation of

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

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

any funds or incur any costs not provided for under this 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

20 USC 9572.

20 USC 9571.

Deadline.

116 STAT. 1972 PUBLIC LAW 107–279—NOV. 5, 2002

the Institute, may be used by the Institute to endorse, approve,

or sanction any curriculum designed to be used in an elementary

school or secondary school.

(d) FEDERALLY SPONSORED TESTING.— (1) IN GENERAL.—Subject to paragraph (2), no funds provided under this title to the Secretary or to the recipient of

any award may be used to develop, pilot test, field test, implement, administer, or distribute any federally sponsored national

test in reading, mathematics, or any other subject, unless

specifically and explicitly authorized by law.

(2) EXCEPTIONS.—Subsection (a) shall not apply to international comparative assessments developed under the

authority of section 153(a)(6) of this title or section 404(a)(6)

of the National Education Statistics Act of 1994 (20 U.S.C.

9003(a)(6)) (as such section was in effect on the day before

the date of enactment of this Act) and administered to only

a representative sample of pupils in the United States and

in foreign nations.

SEC. 183. CONFIDENTIALITY.

(a) IN GENERAL.—All collection, maintenance, use, and wide

dissemination of data by the Institute, including each office, board,

committee, and center of the Institute, shall conform with the

requirements of section 552a of title 5, 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).

(b) STUDENT INFORMATION.—The Director shall ensure that

all individually identifiable information about students, their academic achievements, their families, and information with respect

to individual schools, shall remain confidential in accordance with

section 552a of title 5, 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).

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 use of the Internet.

SEC. 185. PERFORMANCE MANAGEMENT.

The Director shall ensure that all activities conducted or supported by the Institute or a National Education Center make customer service a priority. The Director shall ensure a high level

of customer satisfaction through the following methods:

(1) Establishing and improving feedback mechanisms in

order to anticipate customer needs.

(2) Disseminating information in a timely fashion and in

formats that are easily accessible and usable by researchers,

practitioners, and the general public.

(3) Utilizing the most modern technology and other

methods available, including arrangements to use data collected

electronically by States and local educational agencies, to

ensure the efficient collection and timely distribution of

information, including data and reports.

20 USC 9575.

20 USC 9574.

20 USC 9573.

PUBLIC LAW 107–279—NOV. 5, 2002 116 STAT. 1973

(4) Establishing and measuring performance against a set

of indicators for the quality of data collected, analyzed, and

reported.

(5) Continuously improving management strategies and

practices.

(6) Making information available to the public in an expeditious fashion.

SEC. 186. AUTHORITY TO PUBLISH.

(a) PUBLICATION.—The Director may prepare and publish

(including through oral presentation) such research, statistics (consistent with part C), and evaluation information and reports from

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

to carry out the priorities and mission of the Institute without

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

(b) ADVANCE COPIES.—The Director shall provide the Secretary

and other relevant offices with an advance copy of any information

to be published under this section before publication.

(c) PEER REVIEW.—All research, statistics, and evaluation

reports conducted by, or supported through, the Institute shall

be subjected to rigorous peer review before being published or

otherwise made available to the public.

(d) ITEMS NOT COVERED.—Nothing in subsections (a), (b), or

(c) shall be construed to apply to—

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

(2) information prohibited from disclosure by law or the

Constitution, classified national security information, or

information described in section 552(b) of title 5, United States

Code; and

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

prevent the unauthorized disclosure of information described

in paragraph (1) or (2).

SEC. 187. VACANCIES.

Any member appointed to fill a vacancy on the Board occurring

before the expiration of the term for which the member’s predecessor

was appointed shall be appointed only for the remainder of that

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

Institute shall be filled in the manner in which the original appointment was made. This section does not apply to employees appointed

under section 188.

SEC. 188. SCIENTIFIC OR TECHNICAL EMPLOYEES.

(a) IN GENERAL.—The Director may appoint, for terms not

to exceed 6 years (without regard to the provisions of title 5,

United States Code, governing appointment in the competitive

service) and may compensate (without regard to the provisions

of chapter 51 and subchapter III of chapter 53 of such title relating

to classification and General Schedule pay rates) such scientific

or technical employees to carry out the functions of the Institute

or the office, board, committee, or center, respectively, if— (1) at least 30 days prior to the appointment of any such

employee, public notice is given of the availability of such

position and an opportunity is provided for qualified individuals

to apply and compete for such position;

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

the maximum rate of basic pay payable for positions at GS–

20 USC 9578.

20 USC 9577.

20 USC 9576.

116 STAT. 1974 PUBLIC LAW 107–279—NOV. 5, 2002

15, as determined in accordance with section 5376 of title

5, United States Code, except that not more than 7 individuals

appointed under this section may be paid at a rate that does

not exceed the rate of basic pay for level III of the Executive

Schedule;

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

determined by the Director on the basis of clear and convincing

evidence) to provide the Institute or the office, board, committee, or center with scientific or technical expertise which

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

board, committee, or center through the competitive service;

and

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

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

or professional employees of the Institute, whichever is greater.

(b) DUTIES OF EMPLOYEES.—All employees described in subsection (a) shall work on activities of the Institute or the office,

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

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

center during their term.

SEC. 189. FELLOWSHIPS.

In order to strengthen the national capacity to carry out highquality research, evaluation, and statistics related to education,

the Director shall establish and maintain research, evaluation, and

statistics fellowships in institutions of higher education (which may

include the establishment of such fellowships in historically Black

colleges and universities and other institutions of higher education

with large numbers of minority students) that support graduate

and postdoctoral study onsite at the Institute or at the institution

of higher education. In establishing the fellowships, the Director

shall ensure that women and minorities are actively recruited for

participation.

SEC. 190. VOLUNTARY SERVICE.

The Director may accept voluntary and uncompensated services

to carry out and support activities that are consistent with the

priorities and mission of the Institute.

SEC. 191. RULEMAKING.

Notwithstanding section 437(d) of the General Education Provisions Act (20 U.S.C. 1232(d)), the exemption for public property,

loans, grants, and benefits in section 553(a)(2) of title 5, United

States Code, shall apply to the Institute.

SEC. 192. COPYRIGHT.

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

remedies, limitations, or defense under title 17, United States Code.

SEC. 193. REMOVAL.

(a) PRESIDENTIAL.—The Director, each member of the Board,

and the Commissioner for Education Statistics may be removed

by the President prior to the expiration of the term of each such

appointee.

(b) DIRECTOR.—Each Commissioner appointed by the Director

pursuant to section 117 may be removed by the Director prior

to the expiration of the term of each such Commissioner.

20 USC 9583.

20 USC 9582.

20 USC 9581.

20 USC 9580.

20 USC 9579.

PUBLIC LAW 107–279—NOV. 5, 2002 116 STAT. 1975

SEC. 194. AUTHORIZATION OF APPROPRIATIONS.

(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— (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

(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).

(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

the preceding sentence for a fiscal year, the Director shall obligate

not less than 25 percent to carry out such purpose with respect

to rural areas (including schools funded by the Bureau which are

located in rural areas).

(c) AVAILABILITY.—Amounts made available under this section

shall remain available until expended.

TITLE II—EDUCATIONAL TECHNICAL

ASSISTANCE

SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘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) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of Education.

SEC. 203. COMPREHENSIVE CENTERS.

(a) AUTHORIZATION.—

(1) IN GENERAL.—Subject to paragraph (2), beginning in

fiscal year 2004, the Secretary is authorized to award not

less than 20 grants to local entities, or consortia of such entities,

with demonstrated expertise in providing technical assistance

and professional development in reading, mathematics, science,

and technology, especially to low-performing schools and districts, to establish comprehensive centers.

(2) REGIONS.—In awarding grants under paragraph (1),

the Secretary—

(A) shall ensure that not less than 1 comprehensive

center is established in each of the 10 geographic regions

served by the regional educational laboratories established

under section 941(h) of the Educational Research, Development, Dissemination, and Improvement Act of 1994 (as

Grants.

20 USC 9602.

20 USC 9601.

20 USC 9501

note.

Educational

Technical

Assistance Act of

2002.

20 USC 9584.

116 STAT. 1976 PUBLIC LAW 107–279—NOV. 5, 2002

such provision existed on the day before the date of enactment of this Act); and

(B) after meeting the requirements of subparagraph

(A), shall consider, in awarding the remainder of the grants,

the school-age population, proportion of economically disadvantaged students, the increased cost burdens of service

delivery in areas of sparse population, and the number

of schools identified for school improvement (as described

in section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)) in the population

served by the local entity or consortium of such entities.

(b) ELIGIBLE APPLICANTS.— (1) IN GENERAL.—Grants under this section may be made

with research organizations, institutions, agencies, institutions

of higher education, or partnerships among such entities, or

individuals, with the demonstrated ability or capacity to carry

out the activities described in subsection (f), 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) OUTREACH.—In conducting competitions for grants

under this section, the Secretary shall actively encourage potential applicants to compete for such awards by making widely

available information and technical assistance relating to the

competition.

(3) OBJECTIVES AND INDICATORS.—Before awarding a grant

under this section, the Secretary shall design specific objectives

and measurable indicators, using the results of the assessment

conducted under section 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.

(c) APPLICATION.—

(1) SUBMISSION.—Each local entity, or consortium of such

entities, seeking a grant under this section shall submit an

application at such time, in such manner, and containing such

additional information as the Secretary may reasonably require.

(2) PLAN.—Each application submitted under paragraph

(1) shall contain a 5-year plan for carrying out the activities

described in this section in a manner that addresses the priorities established under section 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.

(d) ALLOCATION.—Each comprehensive center established under

this section shall allocate such center’s resources to and within

each State in a manner which reflects the need for assistance,

taking into account such factors as the proportion of economically

disadvantaged students, the increased cost burden of service

delivery in areas of sparse populations, and any special initiatives

being undertaken by State, intermediate, local educational agencies,

PUBLIC LAW 107–279—NOV. 5, 2002 116 STAT. 1977

or Bureau-funded schools, as appropriate, which may require special

assistance from the center.

(e) SCOPE OF WORK.—Each comprehensive center established

under this section shall work with State educational agencies, local

educational agencies, regional educational agencies, and schools

in the region where such center is located on school improvement

activities that take into account factors such as the proportion

of economically disadvantaged students in the region, and give

priority to—

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

of students from low-income families, as determined under

section 1113(a)(5) of the Elementary and Secondary Education

Act of 1965 (20 U.S.C. 6313(a)(5)), including such schools in

rural and urban areas, and schools receiving assistance under

title I of that Act (20 U.S.C. 6301 et seq.);

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

percentages or numbers of school-age children are from lowincome families, as determined under section 1124(c)(1)(A) of

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

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

and urban areas; and

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

school improvement under section 1116(b) of the Elementary

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

(f) ACTIVITIES.—

(1) IN GENERAL.—A comprehensive center established

under this section shall support dissemination and technical

assistance activities by—

(A) providing training, professional development, and

technical assistance regarding, at a minimum—

(i) the administration and implementation of programs under the Elementary and Secondary Education

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

(ii) the use of scientifically valid teaching methods

and assessment tools for use by teachers and administrators in, at a minimum—

(I) the core academic subjects of mathematics,

science, and reading or language arts;

(II) English language acquisition; and

(III) education technology; and

(iii) the facilitation of communication between education experts, school officials, teachers, parents, and

librarians, as appropriate; and

(B) disseminating and providing information, reports,

and publications that are usable for improving academic

achievement, closing achievement gaps, and encouraging

and sustaining school improvement (as described in section

1116(b) of the Elementary and Secondary Education Act

of 1965 (20 U.S.C. 6316(b))), to schools, educators, parents,

and policymakers within the region in which the center

is located; and

(C) developing teacher and school leader inservice and

preservice training models that illustrate best practices

in the use of technology in different content areas.

(2) COORDINATION AND COLLABORATION.—Each comprehensive center established under this section shall coordinate its

activities, collaborate, and regularly exchange information with

116 STAT. 1978 PUBLIC LAW 107–279—NOV. 5, 2002

the regional educational laboratory in the region in which the

center is located, the National Center for Education Evaluation

and Regional Assistance, the Office of the Secretary, the State

service agency, and other technical assistance providers in the

region.

(g) COMPREHENSIVE CENTER ADVISORY BOARD.— (1) ESTABLISHMENT.—Each comprehensive center established under this section shall have an advisory board that

shall support the priorities of such center.

(2) DUTIES.—Each advisory board established under paragraph (1) shall advise the comprehensive center— (A) concerning the activities described in subsection

(d);

(B) on strategies for monitoring and addressing the

educational needs of the region, on an ongoing basis;

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

performance of the center’s activities; and

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

that promotes progress toward improving student academic

achievement.

(3) COMPOSITION.—

(A) IN GENERAL.—Each advisory board shall be composed of—

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

designees or other State officials, in each State served

by the comprehensive center who have primary responsibility under State law for elementary and secondary

education in the State; and

(ii) not more than 15 other members who are representative of the educational interests in the region

served by the comprehensive center and are selected

jointly by the officials specified in clause (i) and the

chief executive officer of each State served by the comprehensive center, including the following:

(I) Representatives of local educational agencies and regional educational agencies, including

representatives of local educational agencies

serving urban and rural areas.

(II) Representatives of institutions of higher

education.

(III) Parents.

(IV) Practicing educators, including classroom

teachers, principals, and administrators.

(V) Representatives of business.

(VI) Policymakers, expert practitioners, and

researchers with knowledge of, and experience

using, the results of research, evaluation, and

statistics.

(B) SPECIAL RULE.—In the case of a State in which

the chief executive officer has the primary responsibility

under State law for elementary and secondary education

in the State, the chief executive officer shall consult, to

the extent permitted by State law, with the State educational agency in selecting additional members of the

board under subparagraph (A)(i).

(h) REPORT TO SECRETARY.—Each comprehensive center established under this section shall submit to the Secretary an annual

PUBLIC LAW 107–279—NOV. 5, 2002 116 STAT. 1979

report, at such time, in such manner, and containing such information as the Secretary may require, which shall include the following:

(1) A summary of the comprehensive center’s activities

during the preceding year.

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

schools the comprehensive center assisted during the preceding

year.

SEC. 204. EVALUATIONS.

The Secretary shall provide for ongoing independent evaluations by the National Center for Education Evaluation and Regional

Assistance of the comprehensive centers receiving assistance under

this 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. 205. EXISTING TECHNICAL ASSISTANCE PROVIDERS.

The Secretary shall continue awards for the support of the

Eisenhower Regional Mathematics and Science Education Consortia

established under part M of the Educational Research, Development, Dissemination, and Improvement Act of 1994 (as such part

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

Regional Technology in Education Consortia under section 3141

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

section existed on the day before the date of enactment of the

No Child Left Behind Act of 2001 (Public Law 107–110)), and

the Comprehensive Regional Assistance Centers established under

part K of the Educational Research, Development, Dissemination,

and Improvement Act of 1994 (as such part existed on the day

before the date of enactment of this Act), in accordance with the

terms of such awards, until the comprehensive centers authorized

under section 203 are established.

SEC. 206. REGIONAL ADVISORY COMMITTEES.

(a) ESTABLISHMENT.—Beginning in 2004, the Secretary shall

establish a regional advisory committee for each region described

in section 174(b) of the Education Sciences Reform Act of 2002.

(b) MEMBERSHIP.—

(1) COMPOSITION.—The membership of each regional

advisory committee shall—

(A) not exceed 25 members;

(B) contain a balanced representation of States in the

region; and

(C) include not more than one representative of each

State educational agency geographically located in the

region.

(2) ELIGIBILITY.—The membership of each regional advisory

committee may include the following:

(A) Representatives of local educational agencies,

including rural and urban local educational agencies.

20 USC 9605.

20 USC 9604.

20 USC 9603.

116 STAT. 1980 PUBLIC LAW 107–279—NOV. 5, 2002

(B) Representatives of institutions of higher education,

including individuals representing university-based education research and university-based research on subjects

other than education.

(C) Parents.

(D) Practicing educators, including classroom teachers,

principals, administrators, school board members, and

other local school officials.

(E) Representatives of business.

(F) Researchers.

(3) RECOMMENDATIONS.—In choosing individuals for membership on a regional advisory committee, the Secretary shall

consult with, and solicit recommendations from, the chief executive officers of States, chief State school officers, and education

stakeholders within the applicable region.

(4) SPECIAL RULE.— (A) TOTAL NUMBER.—The total number of members

on each committee who are selected under subparagraphs

(A), (C), and (D) of paragraph (2), collectively, shall exceed

the total number of members who are selected under paragraph (1)(C) and subparagraphs (B), (E), and (F) of paragraph (2), collectively.

(B) DISSOLUTION.—Each regional advisory committee

shall be dissolved by the Secretary after submission of

such committee’s report described in subsection (c)(2) to

the Secretary, but each such committee may be reconvened

at the discretion of the Secretary.

(c) DUTIES.—Each regional advisory committee shall advise the

Secretary on the following:

(1) An educational needs assessment of its region (using

the results of the assessment conducted under subsection (d)),

in order to assist in making decisions regarding the regional

educational priorities.

(2) Not later than 6 months after the committee is first

convened, a report based on the assessment conducted under

subsection (d).

(d) REGIONAL ASSESSMENTS.—Each regional advisory committee

shall—

(1) assess the educational needs within the region to be

served;

(2) in conducting the assessment under paragraph (1), seek

input from chief executive officers of States, chief State school

officers, educators, and parents (including through a process

of open hearings to solicit the views and needs of schools

(including public charter schools), teachers, administrators,

members of the regional educational laboratory governing

board, parents, local educational agencies, librarians,

businesses, State educational agencies, and other customers

(such as adult education programs) within the region) regarding

the need for the activities described in section 174 of the

Education Sciences Reform Act of 2002 and section 203 of

this title and how those needs would be most effectively

addressed; and

(3) submit the assessment to the Secretary and to the

Director of the Academy of Education Sciences, at such time,

in such manner, and containing such information as the Secretary may require.

Deadline.

PUBLIC LAW 107–279—NOV. 5, 2002 116 STAT. 1981

SEC. 207. PRIORITIES.

The Secretary shall establish priorities for the regional educational laboratories (established under section 174 of the Education

Sciences Reform Act of 2002) and comprehensive centers (established under section 203 of this title) to address, taking onto account

the regional assessments conducted under section 206 and other

relevant regional surveys of educational needs, to the extent the

Secretary deems appropriate.

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.).

(b) APPLICATIONS.—Each State educational agency desiring a

grant under this section shall submit an application to the Secretary

at such time, in such manner, and accompanied by such information

as the Secretary may reasonably require.

(c) AWARDING OF GRANTS.—In awarding grants under this section, the Secretary shall use a peer review process that—

(1) ensures technical quality (including validity and reliability), promotes linkages across States, and protects student

privacy consistent with section 183;

(2) promotes the generation and accurate and timely use

of data that is needed—

(A) for States and local educational agencies to comply

with the Elementary and Secondary Education Act of 1965

(20 U.S.C. 6301 et seq.) and other reporting requirements

and close achievement gaps; and

(B) to facilitate research to improve student academic

achievement and close achievement gaps; and

(3) gives priority to applications that meet the voluntary

standards and guidelines described in section 153(a)(5).

(d) SUPPLEMENT NOT SUPPLANT.—Funds made available under

this section shall be used to supplement, and not supplant, other

State or local funds used for developing State data systems.

(e) REPORT.—Not later than 1 year after 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—

(1) identifying and analyzing State practices regarding the

development and use of statewide, longitudinal data systems;

(2) evaluating the ability of such systems to manage individual student data consistent with the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), promote

linkages across States, and protect student privacy consistent

with section 183; and

(3) identifying best practices and areas for improvement.

Deadline.

20 USC 9607.

20 USC 9606.

116 STAT. 1982 PUBLIC LAW 107–279—NOV. 5, 2002

SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

There 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.

TITLE III—NATIONAL ASSESSMENT OF

EDUCATIONAL PROGRESS

SEC. 301. SHORT TITLE.

This title may be referred to as the ‘‘National Assessment

of Educational Progress Authorization Act’’.

SEC. 302. DEFINITIONS.

In this title:

(1) The term ‘‘Director’’ means the Director of the Institute

of Education Sciences.

(2) The term ‘‘State’’ means each of the 50 States, the

District of Columbia, and the Commonwealth of Puerto Rico.

SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to be appropriated—

(1) for fiscal year 2003—

(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

(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

(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.

(b) AVAILABILITY.—Amounts made available under this section

shall remain available until expended.

TITLE IV—AMENDATORY PROVISIONS

SEC. 401. REDESIGNATIONS.

(a) CONFIDENTIALITY.—Section 408 of the National Education

Statistics Act of 1994 (20 U.S.C. 9007) is amended—

(1) by striking ‘‘center’’, ‘‘Center’’, and ‘‘Commissioner’’ each

place any such term appears and inserting ‘‘Director’’;

(2) in subsection (a)(2)(A), by striking ‘‘statistical purpose’’

and inserting ‘‘research, statistics, or evaluation purpose under

this title’’;

(3) by striking subsection (b)(1) and inserting the following:

‘‘(1) IN GENERAL.—

‘‘(A) DISCLOSURE.—No Federal department, bureau,

agency, officer, or employee and no recipient of a Federal

grant, contract, or cooperative agreement may, for any

reason, require the Director, any Commissioner of a

National Education Center, or any other employee of the

Institute to disclose individually identifiable information

that has been collected or retained under this title.

‘‘(B) IMMUNITY.—Individually identifiable information

collected or retained under this title shall be immune from

20 USC 9624.

20 USC 9623.

20 USC 9501

note.

National

Assessment of

Educational

Progress

Authorization

Act.

20 USC 9608.

PUBLIC LAW 107–279—NOV. 5, 2002 116 STAT. 1983

legal process and shall not, without the consent of the

individual concerned, be admitted as evidence or used for

any purpose in any action, suit, or other judicial or administrative proceeding.

‘‘(C) APPLICATION.—This paragraph does not apply to

requests for individually identifiable information submitted

by or on behalf of the individual identified in the information.’’;

(4) in paragraphs (2) and (6) of subsection (b), by striking ‘‘subsection (a)(2)’’ each place such term appears and inserting ‘‘subsection (c)(2)’’;

(5) in paragraphs (3) and (7) of subsection (b), by striking ‘‘Center’s’’ each place such term appears and inserting ‘‘Director’s’’; and

(6) by striking the section heading and transferring all

the subsections (including subsections (a) through (c)) and

redesignating such subsections as subsections (c) through (e),

respectively, at the end of section 183 of this Act.

(b) CONFORMING AMENDMENT.—Sections 302 and 303 of this

Act are redesignated as sections 304 and 305, respectively.

(c) NATIONAL ASSESSMENT GOVERNING BOARD.—Section 412 of

the National Education Statistics Act of 1994 (20 U.S.C. 9011)

is amended—

(1) in subsection (a)—

(A) by striking ‘‘referred to as the ‘Board’ ’’ and

inserting ‘‘referred to as the ‘Assessment Board’ ’’; and

(B) by inserting ‘‘(carried out under section 303)’’ after

‘‘for the National Assessment’’;

(2) by striking ‘‘Board’’ each place such term appears (other

than in subsection (a)) and inserting ‘‘Assessment Board’’;

(3) by striking ‘‘Commissioner’’ each place such term

appears and inserting ‘‘Commissioner for Education Statistics’’;

(4) in subsection (b)(2)—

(A) by striking ‘‘ASSISTANT SECRETARY FOR EDUCATIONAL RESEARCH’’ in the heading and inserting ‘‘DIRECTOR OF THE INSTITUTE OF EDUCATION SCIENCES’’; and

(B) by striking ‘‘Assistant Secretary for Educational

Research and Improvement’’ and inserting ‘‘Director of the

Institute of Education Sciences’’;

(5) in subsection (e)—

(A) in paragraph (1)—

(i) in subparagraph (A), by striking ‘‘section 411(b)’’

and inserting ‘‘section 303(b)’’;

(ii) in subparagraph (B), by striking ‘‘section

411(e)’’ and inserting ‘‘section 303(e)’’;

(iii) in subparagraph (E), by striking ‘‘, including

the Advisory Council established under section 407’’;

(iv) in subparagraphs (F) and (I), by striking ‘‘section 411’’ each place such term appears and inserting

‘‘section 303’’;

(v) in subparagraph (H), by striking ‘‘and’’ after

the semicolon;

(vi) in subparagraph (I), by striking the period

at the end and inserting ‘‘; and’’; and

(vii) by inserting at the end the following:

‘‘(J) plan and execute the initial public release of

National Assessment of Educational Progress reports.

Ante, p. 1982.

20 USC 9007,

9573.

116 STAT. 1984 PUBLIC LAW 107–279—NOV. 5, 2002

The National Assessment of Educational Progress data shall

not be released prior to the release of the reports described

in subparagraph (J).’’;

(B) in paragraph (5), by striking ‘‘and the Advisory

Council on Education Statistics’’; and

(C) in paragraph (6), by striking ‘‘section 411(e)’’ and

inserting ‘‘section 303(e)’’; and

(6) by transferring and redesignating the section as section

302 (following section 301) of title III of this Act.

(d) NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.—Section 411 of the National Education Statistics Act of 1994 (20 U.S.C.

9010) is amended— (1) by striking ‘‘Commissioner’’ each place such term

appears and inserting ‘‘Commissioner for Education Statistics’’;

(2) by striking ‘‘National Assessment Governing Board’’ and ‘‘National Board’’ each place either such term appears

and inserting ‘‘Assessment Board’’;

(3) in subsection (a)— (A) by striking ‘‘section 412’’ and inserting ‘‘section

302’’; and

(B) by striking ‘‘and with the technical assistance of

the Advisory Council established under section 407,’’;

(4) in subsection (b)— (A) in paragraph (1), by inserting ‘‘of’’ after ‘‘academic

achievement and reporting’’;

(B) in paragraph (3)(A)— (i) in clause (i), by striking ‘‘paragraphs (1)(B) and

(1)(E)’’ and inserting ‘‘paragraphs (2)(B) and (2)(E)’’;

(ii) in clause (ii), by striking ‘‘paragraph (1)(C)’’

and inserting ‘‘paragraph (2)(C)’’; and

(iii) in clause (iii), by striking ‘‘paragraph (1)(D)’’

and inserting ‘‘paragraph (2)(D)’’; and

(C) in paragraph (5), by striking ‘‘(c)(2)’’ and inserting

‘‘(c)(3)’’;

(5) in subsection (c)(2)(D), by striking ‘‘subparagraph (B)’’

and inserting ‘‘subparagraph (C)’’;

(6) in subsection (e)(4), by striking ‘‘subparagraph (2)(C)’’

and inserting ‘‘paragraph (2)(C) of such subsection’’;

(7) in subsection (f)(1)(B)(iv), by striking ‘‘section 412(e)(4)’’

and inserting ‘‘section 302(e)(4)’’; and

(8) by transferring and redesignating the section as section

303 (following section 302) of title III of this Act.

(e) TABLE OF CONTENTS AMENDMENT.—The items relating to

title III in the table of contents of this Act, as amended by section

401 of this Act, are amended to read as follows:

‘‘TITLE III—NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

‘‘Sec. 301. Short title.

‘‘Sec. 302. National Assessment Governing Board.

‘‘Sec. 303. National Assessment of Educational Progress.

‘‘Sec. 304. Definitions.

‘‘Sec. 305. Authorization of appropriations.’’.

SEC. 402. AMENDMENTS TO DEPARTMENT OF EDUCATION ORGANIZATION ACT.

The Department of Education Organization Act (20 U.S.C. 3401

et seq.) is amended— 20 USC 3412. (1) by striking section 202(b)(4) and inserting the following:

20 USC 9010,

9622.

20 USC 9011,

9621.

PUBLIC LAW 107–279—NOV. 5, 2002 116 STAT. 1985

‘‘(4) There shall be in the Department a Director of the Institute

of Education Sciences who shall be appointed in accordance with

section 114(a) of the Education Sciences Reform Act of 2002 and

perform the duties described in that Act.’’;

(2) by striking section 208 and inserting the following:

‘‘INSTITUTE OF EDUCATION SCIENCES

‘‘SEC. 208. There shall be in the Department of Education

the Institute of Education Sciences, which shall be administered

in accordance with the Education Sciences Reform Act of 2002

by the Director appointed under section 114(a) of that Act.’’; and

(3) by striking the item relating to section 208 in the

table of contents in section 1 and inserting the following:

‘‘Sec. 208. Institute of Education Sciences.’’.

SEC. 403. REPEALS.

The following provisions of law are repealed:

(1) The National Education Statistics Act of 1994 (20 U.S.C.

9001 et seq.).

(2) Parts A through E and K through N of 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.).

(3) Section 401(b)(2) of the Department of Education

Organization Act (20 U.S.C. 3461(b)(2)).

SEC. 404. CONFORMING AND TECHNICAL AMENDMENTS.

(a) GOALS 2000: EDUCATE AMERICA ACT.—The table of contents

in section 1(b) of the Goals 2000: Educate America Act (20 U.S.C.

5801 note) is amended by striking the items relating to parts

A through E of title IX (including the items relating to sections

within those parts).

(b) TITLE 5, UNITED STATES CODE.—Section 5315 of title 5,

United States Code, is amended by striking the following: ‘‘Commissioner, National Center for Education Statistics.’’. (c) GENERAL EDUCATION PROVISIONS ACT.—Section 447(b) of

the General Education Provisions Act (20 U.S.C. 1232j(b)) is

amended by striking ‘‘section 404(a)(6) of the National Education

Statistics Act of 1994 (20 U.S.C. 9003(a)(6))’’ and inserting ‘‘section

153(a)(6) of the Education Sciences Reform Act of 2002’’. (d) ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.— The Elementary and Secondary Education Act of 1965 (20 U.S.C.

6301 et seq.) is amended as follows:

(1) Section 1111(c)(2) is amended by striking ‘‘section

411(b)(2) of the National Education Statistics Act of 1994’’ and inserting ‘‘section 303(b)(2) of the National Assessment

of Educational Progress Authorization Act’’.

(2) Section 1112(b)(1)(F) is amended by striking ‘‘section

411(b)(2) of the National Education Statistics Act of 1994’’

and inserting ‘‘section 303(b)(2) of the National Assessment

of Educational Progress Authorization Act’’.

(3) Section 1117(a)(3) is amended—

(A) by inserting ‘‘(as such section existed on the day

before the date of enactment of the Education Sciences

Reform Act of 2002)’’ after ‘‘Act of 1994’’; and

(B) by inserting ‘‘regional educational laboratories

established under part E of the Education Sciences Reform

20 USC 6317.

20 USC 6312.

20 USC 6311.

20 USC 1221e

notes, 6011,

6021, 6031, 6041,

6051, 6053–

6053e, 6054–

6054b, 6055–

6055h, 6056,

6056a.

20 USC 9001

note, 9001–9009,

9012.

20 USC 3419.

116 STAT. 1986 PUBLIC LAW 107–279—NOV. 5, 2002

Act of 2002 and comprehensive centers established under

the Educational Technical Assistance Act of 2002 and’’ after ‘‘assistance from’’. (4) Section 1501(a)(3) is amended by striking ‘‘section 411

of the National Education Statistics Act of 1994’’ and inserting ‘‘section 303 of the National Assessment of Educational Progress

Authorization Act’’. (5) The following provisions are each amended by striking ‘‘Office of Educational Research and Improvement’’ and

inserting ‘‘Institute of Education Sciences’’:

(A) Section 3222(a) (20 U.S.C. 6932(a)).

(B) Section 3303(1) (20 U.S.C. 7013(1)).

(C) Section 5464(e)(1) (20 U.S.C. 7253c(e)(1)).

(D) Paragraphs (1) and (2) of section 5615(d) (20 U.S.C.

7283d(d)).

(E) Paragraphs (1) and (2) of section 7131(c) (20 U.S.C.

7451(c)).

(6) Paragraphs (1) and (2) of section 5464(e) (20 U.S.C.

7253c(e)) are each amended by striking ‘‘such Office’’ and

inserting ‘‘such Institute’’. (7) Section 5613 (20 U.S.C. 7283b) is amended— (A) in subsection (a)(5), by striking ‘‘Assistant Secretary

of the Office of Educational Research and Improvement’’ and inserting ‘‘Director of the Institute of Education

Sciences’’; and

(B) in subsection (b)(2)(B), by striking ‘‘research

institutes of the Office of Educational Research and

Improvement’’ and inserting ‘‘National Education Centers

of the Institute of Education Sciences’’. (8) Sections 5615(d)(1) and 7131(c)(1) (20 U.S.C.

7283d(d)(1), 7451(c)(1)) are each amended by striking ‘‘by the

Office’’ and inserting ‘‘by the Institute’’. (9) Section 9529(b) is amended by striking ‘‘section 404(a)(6)

of the National Education Statistics Act of 1994’’ and inserting ‘‘section 153(a)(5) of the Education Sciences Reform Act of

2002’’. (e) SCHOOL-TO-WORK OPPORTUNITIES ACT OF 1994.—Section 404

of the School-to-Work Opportunities Act of 1994 (20 U.S.C. 6194)

is amended by inserting ‘‘(as such Act existed on the day before

the date of enactment of the Education Sciences Reform Act of

2002)’’ after ‘‘Act of 1994’’.

SEC. 405. ORDERLY TRANSITION.

The Secretary of Education shall take such steps as are necessary to provide for the orderly transition to, and implementation

of, the offices, boards, committees, and centers (and their various

functions and responsibilities) established or authorized by this

Act, and by the amendments made by this Act, from those established or authorized by the Educational Research, Development,

Dissemination, and Improvement Act of 1994 (20 U.S.C. 6001 et

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

9001 et seq.).

SEC. 406. IMPACT AID.

(a) PAYMENTS FOR FEDERALLY CONNECTED CHILDREN.—Section

8003(b)(2)(C)(i)(II)(bb) of the Elementary and Secondary Education

Act of 1965 (20 U.S.C. 7703(B)(2)(c)(i)(II)(bb)) is amended to read

as follows:

20 USC 9501

note.

20 USC 7909.

20 USC 6491.

PUBLIC LAW 107–279—NOV. 5, 2002 116 STAT. 1987

LEGISLATIVE HISTORY—H.R. 3801:

HOUSE REPORTS: No. 107–404 (Comm. on Education and the Workforce).

CONGRESSIONAL RECORD, Vol. 148 (2002):

Apr. 30, considered and passed House.

Oct. 15, considered and passed Senate, amended.

Oct. 16, House concurred in Senate amendment.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):

Nov. 5, Presidential statement.

Æ

‘‘(bb) for a local educational agency that has

a total student enrollment of less than 350 students, has a per-pupil expenditure that is less

than the average per-pupil expenditure of a comparable local education agency or three comparable

local educational agencies in the State in which

the local educational agency is located; and’’.

(b) EFFECTIVE DATE.—The amendment made by section 406(a)

shall be effective on September 30, 2001, and shall apply with

respect to fiscal year 2001, and all subsequent fiscal years.

(c) BONESTEEL-FAIRFAX SCHOOL DISTRICT.—The Secretary of

Education shall deem the local educational agency serving the

Bonesteel-Fairfax school district, 26-5, in Bonesteel, South Dakota,

as eligible in fiscal year 2003 for a basic support payment for

heavily impacted local educational agencies under section 8003(b)(2)

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

7703(b)(2)).

(d) CENTRAL SCHOOL DISTRICT.—Notwithstanding any other

provision of law, the Secretary of Education shall treat as timely

filed an application filed by Central School District, Sequoyah

County, Oklahoma, for payment for federally connected students

for fiscal year 2003, pursuant to section 8003 of the Elementary

and Secondary Education Act of 1965 (20 U.S.C. 7703), and shall

process such application for payment, if the Secretary has received

such application not later than 30 days after the date of enactment

of this Act.

Approved November 5, 2002.

Deadline.

Applicability.

20 USC 7703

note.