### PUBLIC LAW 107–279—NOV. 5, 2002



## EDUCATION SCIENCES REFORM


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### 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

— T HE I NSTITUTE OF E DUCATION S CIENCES
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

— N ATIONAL C ENTER FOR E DUCATION R ESEARCH
Sec. 131. Establishment. Sec. 132. Commissioner for Education Research. Sec. 133. Duties. Sec. 134. Standards for conduct and evaluation of research.

PART C

— N ATIONAL C ENTER FOR E DUCATION S TATISTICS
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

— N ATIONAL C ENTER FOR E DUCATION E VALUATION AND R EGIONAL A SSISTANCE
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

— G ENERAL P ROVISIONS Sec. 181. Interagency data sources and formats. Nov. 5, 2002
[H.R. 3801]


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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) I N 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) B ASIC RESEARCH

. —The term ‘‘ basic research ’’ means research

— 20 USC 9501. 20 USC 9501 note. Education Sciences Reform Act of 2002.


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(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) B OARD

. —The term ‘‘ Board ’’ means the National Board for Education Sciences established under section 116. (5) B UREAU

. —The term ‘‘ Bureau ’’ means the Bureau of Indian Affairs. (6) C OMPREHENSIVE CENTER

. —The term ‘‘ comprehensive center ’’ means an entity established under section 203 of the Educational Technical Assistance Act of 2002. (7) D EPARTMENT

. —The term ‘‘ Department ’’ means the Department of Education. (8) D EVELOPMENT

. —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) D IRECTOR

. —The term ‘‘ Director ’’ means the Director of the Institute of Education Sciences. (10) D ISSEMINATION

. —The term ‘‘ dissemination ’’ means the communication and transfer of the results of scientifically validresearch, 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) E ARLY CHILDHOOD EDUCATOR

. —The term ‘‘ early childhood educator ’’ means a person providing, or employed by aprovider 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) F IELD

- INITIATED RESEARCH

. —The term ‘‘ field-initiated research ’’ means basic research or applied research in whichspecific questions and methods of study are generated by investigators (including teachers and other practitioners) and that conforms to standards of scientifically valid research. (13) H ISTORICALLY 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) I NSTITUTE

. —The term ‘‘ Institute ’’ means the Institute of Education Sciences established under section 111. (15) I NSTITUTION 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)).


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(16) N ATIONAL RESEARCH AND DEVELOPMENT CENTER

. —The term ‘‘ national research and development center ’’ means a research and development center supported under section 133(c). (17) P ROVIDER 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) S CIENTIFICALLY 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 theextent 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) S CIENTIFICALLY 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 programsevaluated 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;


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(D) employs experimental designs using randomassignment, 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) S CIENTIFICALLY VALID RESEARCH

. —The term ‘‘ scientifically valid research ’’ includes applied research, basic research, and field-initiated research in which the rationale, design, andinterpretation are soundly developed in accordance with scientifically based research standards. (21) S ECRETARY

. —The term ‘‘ Secretary ’’ means the Secretary of Education. (22) S TATE

. —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) T ECHNICAL ASSISTANCE

. —The term ‘‘ technical assistance ’’ means

— (A) assistance in identifying, selecting, or designingsolutions 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 theimprovement 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) E STABLISHMENT

. —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) M ISSION

. — (1) I N GENERAL

. —The mission of the Institute is to provide national leadership in expanding fundamental knowledge andunderstanding 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) C ARRYING 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 nonideologicaland are free of partisan political influence and racial, cultural, gender, or regional bias. (c) O RGANIZATION

. —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, statisticsactivities, 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) D ELEGATION 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 diminishthe role, responsibilities, or authority of the National Assessment Governing Board with respect to the National Assessmentof Educational Progress (including with respect to the methodologies of the National Assessment of Educational Progress 20 USC 9513. 20 USC 9512.


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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 NationalAssessment 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) O THER A CTIVITIES

. —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) T ERM

. — (1) I N GENERAL

. —The Director shall serve for a term of 6 years, beginning on the date of appointment of the Director. (2) F IRST 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) S UBSEQUENT 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) Q UALIFICATIONS

. —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) D UTIES

. — 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.


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(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 rightsand 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 beenhistorically 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 andtechnical 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) E XPERT G UIDANCE AND A SSISTANCE

. —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) R EVIEW .—The Director may, when requested by other officers of the Department, and shall, when directed by the Secretary,


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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) P ROPOSAL

. —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 problemsand 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 gapsbetween 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 transmitany priorities so approved to the appropriate congressional committees. (c) C ONSISTENCY

. —The Board shall ensure that priorities of the Institute and the National Education Centers are consistent with the mission of the Institute. (d) P UBLIC A VAILABILITY AND C OMMENT

. — (1) P RIORITIES

. — Before submitting to the Board proposedpriorities for the Institute, the Director shall make such priorities available to the public for comment for not less than60 days (including by means of the Internet and through publishing such priorities in the Federal Register). The Directorshall provide to the Board a copy of each such comment submitted. (2) P LAN

. —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) E STABLISHMENT

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

. —The duties of the Board shall be the following: 20 USC 9516. 20 USC 9515.


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(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 areasof 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 theInstitute, 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) C OMPOSITION

. — (1) V OTING 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) N ONVOTING 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.


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(E) The Commissioner of Labor Statistics. (F) The Director of the National Science Foundation. (4) APPOINTED MEMBERSHIP

. — (A) Q UALIFICATIONS

. — 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) T ERMS

. — 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) U NEXPIRED 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) C ONFLICT 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) C HAIR

. —The Board shall elect a chair from among the members of the Board. (6) C OMPENSATION

. — 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) T RAVEL EXPENSES

. —The members of the Board shallreceive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code. (8) P OWERS OF THE BOARD

. — (A) E XECUTIVE DIRECTOR

. —The Board shall have an Executive Director who shall be appointed by the Board.


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(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) D ETAIL 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) C ONTRACTS

. —The Board may enter into contracts or make other arrangements as may be necessary to carry out its functions. (E) I NFORMATION

. —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) M EETINGS

. —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) Q UORUM

. — A majority of the voting members of the Board serving at the time of the meeting shall constitute a
quorum. (d) S TANDING C OMMITTEES

. — (1) E STABLISHMENT

. —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) M EMBERSHIP

. — 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 mayhave 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) D UTIES

. — Each standing committee shall

— (A) review and comment, at the discretion of the Board or the standing committee, on any grant, contract, or


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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 annualevaluation 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 R EPORT

. —The Board shall submit to the Director, the Secretary, and the appropriate congressional committees, notlater 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 outscientifically valid research, conducting unbiased evaluations, collecting and reporting accurate education statistics, and translating research into practice. (f) R ECOMMENDATIONS

. —The Board shall submit to theDirector, 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 C OMMISSIONERS

. — (1) I N 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 continuityin 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) S ERVICE

. — 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.


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(b) APPOINTMENT OF C OMMISSIONER FOR E DUCATION S TATIS

TICS

. —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) C OORDINATION

. — Each Commissioner of a National Education Center shall coordinate with each of the other Commissionersof the National Education Centers in carrying out such Commissioner ’ s duties under this title. (d) S UPERVISION 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 NationalEducation 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.


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PART B

—NATIONAL CENTER FOR EDUCATION RESEARCH

SEC. 131. ESTABLISHMENT. (a) E STABLISHMENT

. —There is established in the Institute a National Center for Education Research (in this part referred to as the ‘‘ Research Center ’’ ). (b) M ISSION

. —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) G ENERAL D UTIES

. —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.


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(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 withinthe 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, thefindings 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) E LIGIBILITY

. — 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) N ATIONAL R ESEARCH AND D EVELOPMENT C ENTERS

. — (1) S UPPORT

. — In carrying out activities under subsection (a)(3), the Research Commissioner shall support not less than 8 national research and development centers. The Research


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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) T OPICS 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) D UTIES 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 ResearchCenter. 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) S COPE

. — 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 competitionfor 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) L IMIT

. —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) C ONTINUATION 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) D ISAGGREGATION

. —To the extent feasible, research conducted under this subsection shall be disaggregated by age, race, gender, and socioeconomic background.


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SEC. 134. STANDARDS FOR CONDUCT AND EVALUATION OF RESEARCH. (a) I N G ENERAL

. — 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) P EER R EVIEW

. — (1) I N 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 andevaluating all applications for grants and cooperative agreements that exceed $100,000, and for evaluating and assessingthe products of research by all recipients of grants and cooperative agreements under this Act. (2) E VALUATION

. —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 anaward of a research grant, contract, or cooperative agreement at the conclusion of the award. (c) L ONG -T ERM R ESEARCH

. —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) E STABLISHMENT

. —There is established in the Institute a National Center for Education Statistics (in this part referred to as the ‘‘ Statistics Center ’’ ). (b) M ISSION

. —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.


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(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 nonideologicaland 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) G ENERAL D UTIES

. —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 ofeducation, 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 sciencewith 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.


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(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 populationcharacteristics, 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 includeassisting 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 dataconsistent 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


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with a regular diploma in the standard number of years), school completion rates, and dropout rates. (b) T RAINING P ROGRAM

. —The Statistics Commissioner mayestablish 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 establisha 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) G RANTS , C ONTRACTS , AND C OOPERATIVE A GREEMENTS

. — 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 I NFORMATION

. — (1) S AMPLING

. —The Statistics Commissioner may use thestatistical method known as sampling (including random sampling) to carry out this part. (2) S OURCE 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) C OLLECTION

. —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) T ECHNICAL 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) D URATION

. —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) P ROCEDURES FOR I SSUANCE OF R EPORTS

. —The StatisticsCommissioner, 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.


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peer review, produced in a timely fashion, and free from any partisan political influence. (b) R EPORT ON C ONDITION AND P ROGRESS OF E DUCATION

. — 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) S TATISTICAL R EPORTS

. — The Statistics Commissioner shallissue 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) G ENERAL R EQUESTS

. — (1) I N GENERAL

. —The Statistics Center may furnish transcripts or copies of tables and other statistical records and make special statistical compilations and surveys for Stateand local officials, public and private organizations, and individuals. (2) C OMPILATIONS

. —The Statistics Center shall provide State educational agencies, local educational agencies, and institutions of higher education with opportunities to suggestthe establishment of particular compilations of statistics, surveys, and analyses that will assist those educational agencies. (b) C ONGRESSIONAL R EQUESTS

. —The Statistics Center shall furnish such special statistical compilations and surveys as the relevant congressional committees may request. (c) J OINT S TATISTICAL P ROJECTS

. —The Statistics Center may engage in joint statistical projects related to the mission of theCenter, 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) F EES

. — (1) I N 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) F UNDS 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) A CCESS

. — (1) O THER AGENCIES

. —The Statistics Center shall, consistent with section 183, cooperate with other Federal agencieshaving a need for educational data in providing access to educational data received by the Statistics Center. (2) I NTERESTED 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.


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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) E STABLISHMENT

. —There is established in the Institute a National Center for Education Evaluation and Regional Assistance. (b) M ISSION

. —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) G RANTS , C ONTRACTS , AND C OOPERATIVE A GREEMENTS

. — In carrying out the duties under this part, the Director may awardgrants, enter into contracts and cooperative agreements, and provide technical assistance.

SEC. 172. COMMISSIONER FOR EDUCATION EVALUATION AND REGIONAL ASSISTANCE. (a) I N G ENERAL

. —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.


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(C) educational practices that improve academic achievement and promote learning; (D) education technology, including software; and (E) those topics covered by the Educational ResourcesInformation 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 highereducation, 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 provisionof 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 D UTIES

. — 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 includethrough 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) C ONTINUATION

. —The Director shall continue awards for thesupport 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


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on the day before the date of enactment of this Act)) for theduration of those awards, in accordance with the terms and agreements of such awards. (d) N ATIONAL L IBRARY OF E DUCATION

. — (1) E STABLISHMENT

. —There is established within theNational 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 Departmentof 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) I NFORMATION

. —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) I N G ENERAL

. — (1) R EQUIREMENTS

. — In carrying out its missions, theNational 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 thequality and relevance of the evidence of effectiveness generated by those evaluations, with the approval of the Director; 20 USC 9563.


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(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 theDepartment, 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 E VALUATIONS U NDER T ITLE I OF THE E LEMENTARY AND S ECONDARY E DUCATION A CT OF 1965.

—The Evaluation and Regional Assistance Commissioner, consistent with the mission of the National Center for Education Evaluation andRegional 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) R EGIONAL E DUCATIONAL L ABORATORIES

. —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) R EGIONS

. —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) E LIGIBLE 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 theEducational 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.


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(d) APPLICATIONS

. — (1) S UBMISSION

. — 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) P LAN

. — Each application submitted under paragraph (1) shall contain a 5-year plan for carrying out the activitiesdescribed 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 educationalagencies) within the region to be served by the regional educational laboratory, on an ongoing basis. (e) E NTERING INTO C ONTRACTS

. — (1) I N 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) C OORDINATION

. — 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 laboratoryawarded 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) O UTREACH

. — In conducting competitions for contracts under this section, the Director shall

— (A) actively encourage eligible entities to compete forsuch 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 parentsregarding 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) O BJECTIVES 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


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met and that the latest and best research and proven practices are being carried out as part of school improvement efforts. (5) S TANDARDS

. —The Evaluation and Regional Assistance Commissioner shall establish a system for technical and peerreview to ensure that applied research activities, researchbased reports, and products of the regional educational laboratories are consistent with the research standards describedin section 134 and the evaluation standards adhered to pursuant to section 173(a)(2)(A). (f) C ENTRAL M ISSION AND P RIMARY F UNCTION

. — 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 supportinginternships and fellowships and providing stipends) and technical assistance to State educational agencies, local educationalagencies, 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 onteaching 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, asappropriate, 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 needsof 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


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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 thatare 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 findingsfrom 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 educationalapplied research in usable forms to promote school-improvement, academic achievement, and the closing of achievementgaps 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 financesystems 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 fromwithin the private sector, but which could result in the development of new forms of education software, education content, and technology-enabled pedagogy. (g) A CTIVITIES

. — 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 throughthe 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.


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(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 maybe considered for inclusion in the national education dissemination system. (h) G OVERNING B OARD AND A LLOCATION

. — (1) I N GENERAL

. — In carrying out its responsibilities, each regional educational laboratory awarded a contract under thissection, 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 Statelaw 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 ofthe regional educational laboratory for the duration of the contract period;


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(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 effectivegovernance, organization, management, and administration, and employs qualified staff; (vii) directs the regional educational laboratory to carry out the laboratory ’ s duties in a manner thatwill 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) S PECIAL 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) D UTIES OF G OVERNING B OARD

. — 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) E VALUATIONS

. —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 laboratoryreceives 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, theBoard, and the appropriate regional educational laboratory governing board.


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(k) R ULE OF C ONSTRUCTION

. —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 bylaw or be prohibited from engaging in activities involving international projects or endeavors. (l) ADVANCE PAYMENT S YSTEM

. — Each regional educational laboratory awarded a contract under this section shall participate in the advance payment system at the Department of Education. (m) ADDITIONAL P ROJECTS

. — In addition to activities authorized under this section, the Director is authorized to enter into contractsor 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 R EPORT AND P LAN

. —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) C ONSTRUCTION

. —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) N ATIONAL D ATABASE

. —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) F EDERAL G OVERNMENT AND U SE OF F EDERAL F UNDS

. — 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) E NDORSEMENT OF C URRICULUM

. —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.


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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) F EDERALLY S PONSORED T ESTING

. — (1) I N GENERAL

. — Subject to paragraph (2), no funds provided under this title to the Secretary or to the recipient ofany 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) E XCEPTIONS

. — 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) I N G ENERAL

. — 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, theconfidentiality 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) S TUDENT I NFORMATION

. —The Director shall ensure thatall 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 carryingout 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.


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(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) P UBLICATION

. —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 C OPIES

. —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) P EER R EVIEW

. — 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) I TEMS N OT C OVERED

. —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 theInstitute 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) I N G ENERAL

. —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.


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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 convincingevidence) 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) D UTIES OF E MPLOYEES

. —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) P RESIDENTIAL

. —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) D IRECTOR

. — 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.


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SEC. 194. AUTHORIZATION OF APPROPRIATIONS. (a) I N G ENERAL

. —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 fiscalyear 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) R EGIONAL E DUCATIONAL L ABORATORIES

. —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) A VAILABILITY

. — 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) I N GENERAL

. —The terms ‘‘ local educational agency ’’ and

‘‘ State educational agency ’’ have the meanings given thoseterms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) S ECRETARY

. —The term ‘‘ Secretary ’’ means the Secretary of Education.

SEC. 203. COMPREHENSIVE CENTERS. (a) AUTHORIZATION

. — (1) I N 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) R EGIONS

. — 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 establishedunder 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.


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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 describedin 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) E LIGIBLE APPLICANTS

. — (1) I N 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) O UTREACH

. — In conducting competitions for grantsunder 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) O BJECTIVES 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) S UBMISSION

. — 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) P LAN

. — Each application submitted under paragraph (1) shall contain a 5-year plan for carrying out the activitiesdescribed 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) A LLOCATION

. — 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,


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or Bureau-funded schools, as appropriate, which may require special assistance from the center. (e) S COPE OF W ORK

. — 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 highpercentages 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) A CTIVITIES

. — (1) I N 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 methodsand 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) C OORDINATION AND COLLABORATION

. — Each comprehensive center established under this section shall coordinate its activities, collaborate, and regularly exchange information with


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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) C OMPREHENSIVE C ENTER ADVISORY B OARD

. — (1) E STABLISHMENT

. — Each comprehensive center established under this section shall have an advisory board that shall support the priorities of such center. (2) D UTIES

. — 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) C OMPOSITION

. — (A) I N 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 servedby 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 thechief 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) S PECIAL 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, tothe extent permitted by State law, with the State educational agency in selecting additional members of the board under subparagraph (A)(i). (h) R EPORT TO S ECRETARY

. — Each comprehensive center established under this section shall submit to the Secretary an annual


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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 underthis 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 Consortiaestablished 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) E STABLISHMENT

. — 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) M EMBERSHIP

. — (1) C OMPOSITION

. —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) E LIGIBILITY

. —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.


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(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) R ECOMMENDATIONS

. — In choosing individuals for membership on a regional advisory committee, the Secretary shallconsult with, and solicit recommendations from, the chief executive officers of States, chief State school officers, and education stakeholders within the applicable region. (4) S PECIAL RULE

. — (A) T OTAL NUMBER

. —The total number of members on each committee who are selected under subparagraphs (A), (C), and (D) of paragraph (2), collectively, shall exceedthe total number of members who are selected under paragraph (1)(C) and subparagraphs (B), (E), and (F) of paragraph (2), collectively. (B) D ISSOLUTION

. — 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) D UTIES

. — 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) R EGIONAL A SSESSMENTS

. — 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.


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SEC. 207. PRIORITIES.The Secretary shall establish priorities for the regional educational laboratories (established under section 174 of the EducationSciences 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) G RANTS 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) A WARDING OF G RANTS

. — 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) S UPPLEMENT N OT S UPPLANT

. — 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) R EPORT

. —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.


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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) I N G ENERAL

. —There are authorized to be appropriated

— (1) for fiscal year 2003

— (A) $4,600,000 to carry out section 302, as amendedby section 401 of this Act (relating to the National Assessment Governing Board); and (B) $107,500,000 to carry out section 303, as amendedby 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) A VAILABILITY

. — Amounts made available under this section shall remain available until expended.



## TITLE IV

— AMENDATORY PROVISIONS

SEC. 401. REDESIGNATIONS. (a) C ONFIDENTIALITY

. — 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) I N GENERAL

. —
‘‘ (A) D ISCLOSURE

. —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) I MMUNITY

. — 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.


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legal process and shall not, without the consent of the individual concerned, be admitted as evidence or used forany purpose in any action, suit, or other judicial or administrative proceeding.

‘‘ (C) APPLICATION

. —This paragraph does not apply to requests for individually identifiable information submittedby 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) C ONFORMING AMENDMENT

. — Sections 302 and 303 of this Act are redesignated as sections 304 and 305, respectively. (c) N ATIONAL A SSESSMENT G OVERNING B OARD

. — 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 ‘‘A SSISTANT SECRETARY FOR EDU

CATIONAL RESEARCH ’’ in the heading and inserting

‘‘ D IRECTOR 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.


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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) N ATIONAL A SSESSMENT OF E DUCATIONAL P ROGRESS

. — 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 C ONTENTS 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

— (1) by striking section 202(b)(4) and inserting the following: 20 USC 3412. 20 USC 9010, 9622. 20 USC 9011, 9621.


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‘‘ (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

‘‘ S EC . 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) G OALS 2000: E DUCATE AMERICA A CT

. —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) T ITLE 5, U NITED S TATES C ODE

. — Section 5315 of title 5, United States Code, is amended by striking the following:

‘‘ Commissioner, National Center for Education Statistics. ’’

. (c) G ENERAL E DUCATION P ROVISIONS A CT

. — 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) E LEMENTARY AND S ECONDARY E DUCATION A CT 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.


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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) S CHOOL

- TO -W ORK O PPORTUNITIES A CT 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 thisAct, 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 F EDERALLY C ONNECTED C HILDREN

. — 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.


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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 hasa total student enrollment of less than 350 students, has a per-pupil expenditure that is lessthan 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) E FFECTIVE D ATE

. —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) B ONESTEEL -F AIRFAX S CHOOL D ISTRICT

. —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) C ENTRAL S CHOOL D ISTRICT

. —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.