99–006

107TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 107–404

PROVIDING FOR IMPROVEMENT OF FEDERAL EDUCATION

RESEARCH, STATISTICS, EVALUATION, INFORMATION,

AND DISSEMINATION, AND FOR OTHER PURPOSES

APRIL 11, 2002.—Committed to the Committee of the Whole House on the State of

the Union and ordered to be printed

Mr. BOEHNER, from the Committee on Education and the

Workforce, submitted the following

R E P O R T

together with

ADDITIONAL VIEWS

[To accompany H.R. 3801]

[Including cost estimate of the Congressional Budget Office]

The Committee on Education and the Workforce, to whom was

referred the bill (H.R. 3801) to provide for improvement of Federal

education research, statistics, evaluation, information, and dissemination, and for other purposes, having considered the same, report

favorably thereon with an amendment and recommend that the bill

as amended do pass.

The amendment is as follows:

Strike all after the enacting clause and insert the following:

TITLE I—EDUCATION SCIENCES REFORM

SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘Education Sciences Reform Act of 2002’’.

SEC. 102. TABLE OF CONTENTS.

The table of contents for this title is as follows:

Sec. 101. Short title.

Sec. 102. Table of contents.

PART A—ACADEMY OF EDUCATION SCIENCES

Sec. 111. Establishment.

Sec. 112. Organization.

Sec. 113. Functions.

Sec. 114. Delegation.

Sec. 115. Office of the Director.

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Sec. 116. Priorities.

Sec. 117. National Board for Education Sciences.

Sec. 118. Commissioners of the National Education Centers.

Sec. 119. Office of Educational Resources and Dissemination.

PART B—NATIONAL CENTER FOR EDUCATION RESEARCH

Sec. 131. Establishment.

Sec. 132. Commissioner for Education Research.

Sec. 133. Duties.

Sec. 134. Biennial report.

Sec. 135. Standards for conduct and evaluation of research.

PART C—NATIONAL CENTER FOR EDUCATION STATISTICS

Sec. 151. Establishment.

Sec. 152. Commissioner for Education Statistics.

Sec. 153. Duties.

Sec. 154. Performance of duties.

Sec. 155. Reports.

Sec. 156. Dissemination.

Sec. 157. Cooperative education statistics systems.

Sec. 158. State defined.

PART D—NATIONAL CENTER FOR EDUCATION EVALUATION

Sec. 171. Establishment.

Sec. 172. Commissioner for Education Evaluation.

Sec. 173. Duties.

PART E—GENERAL PROVISIONS

Sec. 181. Definitions.

Sec. 182. Interagency data sources and formats.

Sec. 183. Prohibitions.

Sec. 184. Confidentiality.

Sec. 185. Availability of data.

Sec. 186. Performance management.

Sec. 187. Authority to publish.

Sec. 188. Vacancies.

Sec. 189. Scientific or technical employees.

Sec. 190. Voluntary service.

Sec. 191. Fellowships.

Sec. 192. Rulemaking.

Sec. 193. Authorization of appropriations.

PART A—ACADEMY OF EDUCATION SCIENCES

SEC. 111. ESTABLISHMENT.

(a) ESTABLISHMENT.—There shall be in the Department an Academy of Education

Sciences, to be administered by a Director (as provided in section 115) and a board

of directors (as provided in section 117).

(b) MISSION.—The mission of the Academy is to provide national leadership in expanding fundamental knowledge and understanding of education, in order to provide parents, educators, students, researchers, policymakers, and the general public

with reliable information about the condition and progress of education in the

United States, educational practices that support learning and improve academic

achievement for all students, and the effectiveness of Federal and other education

programs. In carrying out this mission, the Academy shall conduct research, evaluation, statistics, and dissemination activities supported by Federal funds through the

Academy and ensure that such activities— (1) conform to high standards of quality, integrity, and accuracy; and

(2) are objective, secular, neutral, and nonideological and are free of partisan

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

SEC. 112. ORGANIZATION.

The Academy consists of the following:

(1) The Office of the Director (as set out in section 115).

(2) The National Board for Education Sciences (as set out in section 117).

(3) The Office of Educational Resources and Dissemination (as set out in section 119).

(4) The National Education Centers, which include— (A) the National Center for Education Research (as set out in part B);

(B) the National Center for Education Statistics (as set out in part C);

and

(C) the National Center for Education Evaluation (as set out in part D).

SEC. 113. FUNCTIONS.

The Academy, directly or through grants, contracts, or cooperative agreements,

shall—

(1) conduct and support scientifically valid research activities, including basic

and applied research, statistics activities, scientifically valid education evaluation, development, and dissemination;

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

(3) promote the application of knowledge gained from scientifically valid research activities;

(4) strengthen the national capacity to conduct scientifically valid research in

education; and

(5) promote the coordination of scientifically valid research in education within the Department and the Federal Government.

SEC. 114. DELEGATION.

(a) DELEGATION OF AUTHORITY.—Notwithstanding section 412 of the Department

of Education Organization Act (20 U.S.C. 3472), the Secretary shall delegate to the

Director all functions for carrying out this title (other than administrative and support functions), except that—

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

Authorization Act may be construed to alter or diminish the role, responsibilities, or authority of the National Assessment Governing Board with respect to

the National Assessment of Educational Progress from those authorized by the

National Education Statistics Act immediately before the enactment of this Act;

(2) members of the National Assessment Governing Board shall continue to

be appointed by the Secretary;

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

exercise of its responsibilities under this Act;

(4) section 116 shall not apply to the National Assessment of Educational

Progress; and

(5) section 117 shall not apply to the National Assessment Governing Board.

(b) OTHER ACTIVITIES.—The Secretary may assign the Academy responsibility for

administering other activities, if those activities are consistent with—

(1) the Academy’s priorities, as approved by the National Board for Education

Sciences under section 116; or

(2) the Academy’s mission, if the activities are not consistent with such priorities.

SEC. 115. OFFICE OF THE DIRECTOR.

(a) APPOINTMENT.—The President, with the advice and consent of the Senate,

shall appoint the Director of the Academy.

(b) TERM.—

(1) IN GENERAL.—The Director shall serve for a term of 6 years, beginning on

the date of appointment of the Director, but may be removed by the President

prior to the expiration of that term.

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

Senate, may appoint the Assistant Secretary for the Office of Educational Research and Improvement (as such office existed on the day before the date of

the enactment of this Act) to serve as the Director of the Academy for a term

that ends on July 1, 2007.

(3) SUBSEQUENT DIRECTORS.—The Board may make recommendations to the

President with respect to the appointment of a Director, except in such case as

described in paragraph (2).

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

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

highly qualified authorities in the fields of scientifically valid research, statistics, or

evaluation in education, as well as management within such areas, and have a demonstrated capacity for sustained productivity and leadership in these areas.

(e) ADMINISTRATION.—The Director shall—

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

Academy, including the activities of the National Education Centers; and

(2) coordinate budgets and operating plans for each of the National Education

Centers.

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

(1) To propose to the Board priorities for the Academy, in accordance with

section 116(a).

(2) To ensure the methodology applied in conducting research, 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

Academy with such research and activities carried out by other agencies within

the Department and the Federal Government.

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(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 Academy, consistent with section 117(b)(3).

(6) To ensure that all participants in research conducted or supported by the

Academy are afforded their privacy rights and other relevant protections as research subjects, in accordance with section 184 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 carry out and support other activities consistent with the priorities and

mission of the Academy.

(8) To ensure that activities conducted or supported by the Academy are objective, secular, neutral, and nonideological and are free of partisan political influence and racial, cultural, gender, or regional bias.

(9) To undertake initiatives and programs to increase the participation of researchers and institutions that have been historically underutilized in Federal

educational research activities in the activities of the Academy, including historically black colleges and universities and other institutions of higher education with large numbers of minority students.

(10) To coordinate with the Secretary to promote and provide for the coordination of research and development activities and technical assistance activities

between the Academy and the regional governing boards and regional entities

described in section 203 of the Regional Assistance Act of 2002 to ensure collaboration and resource sharing and reduce redundancy in such activities.

(11) 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 Academy’s

activities.

(12) At the discretion of the Director and in consultation with the National

Academy of Sciences, to conduct a study to determine—

(A) a standard by which States may accurately measure the rate at which

students drop out of or graduate from secondary schools in the United

States (including on-time graduation); and

(B) the use of alcohol or illegal narcotics as contributing factors to incidents of school violence committed by students during the regular school

day and while participating in other school-related activities.

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

scientific peer-review groups and scientific program advisory committees 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 one-fourth of the members of any such

group and shall not receive additional compensation for their service as members

of such a group. The Director shall ensure that reviewers are highly qualified and

capable to appraise educational research and development projects. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to a peer-review group established under this subsection.

SEC. 116. PRIORITIES.

(a) PROPOSAL.—The Director shall propose to the Board (established in section

117) priorities for the Academy (taking into consideration long-term research and

development on core issues conducted through the national research and development centers (as defined in section 181)) identifying topics that may require longterm research and topics that are focused on understanding and solving particular

education problems and issues, including those associated with the goals and requirements established in the Elementary and Secondary Education Act of 1965 (20

U.S.C. 6301 et seq.), such as—

(1) closing the achievement gap between high-performing and low-performing

children, particularly achievement gaps between minority and nonminority children and between disadvantaged children and their more advantaged peers;

and

(2) ensuring that all children reach, at a minimum, proficiency on challenging

State academic achievement standards and assessments.

(b) APPROVAL.—The Board shall approve or disapprove the priorities for the Academy proposed by the Director, including any necessary revision of those priorities.

The Board shall transmit any priorities so approved to the appropriate congressional committees.

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

National Education Centers are consistent with the mission of the Academy.

(d) PUBLIC AVAILABILITY AND COMMENT.—

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(1) PRIORITIES.—Before submitting to the Board proposed priorities for the

Academy, the Director shall make such priorities available to the public for

comment (including by means of the Internet and through publishing such priorities in the Federal Register). The Director shall provide to the Board a copy

of each such comment submitted.

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

Academy’s plan for addressing such priorities available for public comment in

the same manner as under paragraph (1).

SEC. 117. NATIONAL BOARD FOR EDUCATION SCIENCES.

(a) ESTABLISHMENT.—The Academy shall have a board of directors, which shall

be known as the National Board for Education Sciences.

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

(1) To advise the Director on the policies of the Academy.

(2) To consider and approve priorities under section 116 to guide the work of

the Academy.

(3) To review and approve procedures for scientific peer review of the activities of the Academy.

(4) To advise the Director on the development of activities to be supported by

the Academy, including the general areas of research to be carried out by the

National Center for Education Research.

(5) To present to the Director such recommendations as it may find appropriate for—

(A) the strengthening of education research; and

(B) the funding of the Academy.

(6) To advise the Director on the funding of applications for grants, contracts,

and cooperative agreements for research, after the completion of peer review.

(7) To review and regularly evaluate the work of the Academy, to ensure that

scientifically valid research, evaluation, and statistical analysis is consistent

with the standards for such activities under this title.

(8) To advise the Director on ensuring that activities conducted or supported

by the Academy 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 dissemination of research,

consistent with the priorities and mission of the Academy.

(10) To review and 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 Academy.

(11) To recommend to the Director ways to enhance strategic partnerships

and collaborative efforts among other Federal and State research agencies.

(12) To recommend to the Director individuals to serve as Commissioners of

the National Education Centers.

(c) COMPOSITION.—

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

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

(2) ADVICE.—The President shall solicit advice on individuals to serve on the

Board from the National Academy of Sciences, the National Science Foundation,

and the Office of Science and Technology Policy.

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

nonvoting ex officio members:

(A) The Director of the Academy 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.

(E) The Commissioner of Labor Statistics.

(F) The Director of the National Science Foundation.

(4) APPOINTED MEMBERSHIP.—

(A) QUALIFICATIONS.—Members appointed under paragraph (1) shall be

highly qualified to appraise educational research, statistics, evaluations, or

development, and shall include individuals from each of the following

groups:

(i) Educators, including classroom teachers, principals, and other

school administrators.

(ii) Parents.

(iii) Business leaders.

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(iv) Experts and scientists in research, statistics, evaluation, or development, who are recognized in their discipline as highly qualified to

represent such discipline.

(B) SPECIAL RULE.—A majority of the voting members of the Board must

be appointed from the groups described in clauses (i) and (iv) of subparagraph (A).

(C) TERMS.—Each member appointed under paragraph (1) shall serve for

a term of 4 years, except that— (i) the terms of the initial members appointed under such paragraph

shall (as determined by a random selection process at the time of appointment) be for staggered terms of— (I) 4 years for each of five members;

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

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

(ii) no member appointed under such paragraph shall serve for more

than two consecutive terms.

(D) EXTENSION OF SERVICE.—A member of the Board may serve after the

expiration of the member’s term until a successor has been appointed and

confirmed, but for no longer than 1 additional year.

(5) CHAIR.—The Board shall elect a chairperson from among the members of

the Board.

(6) COMPENSATION.—Members of the Board shall serve without pay for such

service. Members of the Board who are officers or employees of the United

States may not receive additional pay, allowances, or benefits by reason of their

service on the Board.

(7) TRAVEL EXPENSES.—The members of the Board shall receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter

I of chapter 57 of title 5, United States Code.

(8) POWERS OF THE BOARD.—

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

who shall be appointed by the Board.

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

may be appointed or assigned by the Director, in consultation with the

Chair.

(C) DETAIL OF STAFF PERSONNEL.—The Board may arrange for the detail

of staff personnel and use the services and facilities of any department or

agency of the Federal Government.

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

(E) INFORMATION.—The Board may, to the extent otherwise permitted by

law, obtain directly from any executive department or agency of the Federal

Government such information as the Board deems necessary to carry out

its functions.

(9) MEETINGS.—The Board shall meet not less than four times each year. The

Board shall hold additional meetings at the call of the chairperson or upon the

written request of at least six voting members of the Board.

(10) QUORUM.—A majority of the voting members of the Board shall constitute a quorum.

(d) STANDING COMMITTEES.—

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

(A) to each serve one of the National Education Centers; and

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

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

shall be voting members of the Board whose expertise is needed for the functioning of the committee. In addition, the membership of each standing committee may include, as appropriate—

(A) experts and scientists in research, statistics, evaluation, or development who are recognized in their discipline as highly qualified to represent

such discipline and who are not members of the Board, but who have been

recommended by the Commissioners of each 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 have been recommended by the Commissioners of each National Education Center and approved by the Board.

(3) DUTIES.—Each standing committee shall—

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(A) at the discretion of the Board or the standing committee, review and

comment on any grant, contract, or cooperative agreement entered into (or

proposed to be entered into) by the applicable National Education Center;

(B) prepare for, and submit to, the Board an annual evaluation of the operations of the applicable National Education Center;

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

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

the appropriate congressional committees, not later than July 1 of each year, a report that assesses the effectiveness of the Academy in carrying out its priorities and

mission, especially as they relate to carrying out scientifically valid research, conducting unbiased evaluations, and collecting and reporting accurate education statistics.

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

and the appropriate congressional committees a report that includes any recommendations regarding any actions that could be taken to enhance the ability of

the Academy 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. 118. COMMISSIONERS OF THE NATIONAL EDUCATION CENTERS.

(a) APPOINTMENT.—The National Education Centers shall each be headed by a

Commissioner appointed by the Director. In appointing Commissioners, the Director

shall seek to promote continuity in leadership of the National Education Centers

and shall consider individuals recommended by the Board, acting in consultation

with the Director. 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.

(b) PAY.—The Commissioners shall each receive the rate of basic pay for level IV

of the Executive Schedule.

(c) QUALIFICATIONS.—Each Commissioner shall be highly qualified in the field of

education research, statistics, or evaluation.

(d) SERVICE AND REMOVAL.—Each Commissioner shall report to the Director and

may be removed by the Director. A Commissioner shall serve for a period of no more

than 6 years, unless reappointed by the Director, except that a Commissioner may

serve after the expiration of that Commissioner’s term, until a successor has been

appointed by the Director, for up to 1 additional year.

SEC. 119. OFFICE OF EDUCATIONAL RESOURCES AND DISSEMINATION.

(a) ESTABLISHMENT.—There is established within the Academy an Office of Educational Resources and Dissemination.

(b) DUTIES.—The Office of Educational Resources and Dissemination shall—

(1) disseminate information on scientifically valid research, statistics, and

evaluation on education to the public, the media, voluntary organizations, 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;

(C) educational practices that improve academic achievement and promote learning; and

(D) education technology, including software;

(2) manage the National Library of Education described in subsection (e), and

other sources of digital information on education research; and

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

manner (including through use of a searchable Internet web-based online database) to schools, educators, parents, administrators, policymakers, researchers,

public and private entities, entities responsible for carrying out technical assistance through the Department, and the general public.

(c) ADDITIONAL DUTIES.—In carrying out subsection (b), the Office of Educational

Resources and Dissemination shall—

(1) ensure that information disseminated under this section is provided in a

cost-effective, nonduplicative manner, including the most current research findings, which may include through the continuation of individual clearinghouses

authorized under the Educational Research, Development, Dissemination, and

Improvement Act of 1994 (title IX of the Goals 2000: Educate America Act; 20

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U.S.C. 6001 et seq.) (as such Act existed on the day before the date of enactment of this Act) or the clearinghouse authorized under section 2102(b) 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));

(2) prominently describe the type of scientific evidence that is used to support

the findings that are disseminated;

(3) clearly explain 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.

(d) CONTINUATION.—The Director shall continue the existing awards of the Educational Resources Information Center Clearinghouses (established under section

941(f) 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)) for the duration of those existing awards, in accordance with the terms

and agreements of such awards.

(e) NATIONAL LIBRARY OF EDUCATION.—There is established within the Office of

Educational Resources and Dissemination a National Library of Education that

shall be headed by an individual who is highly qualified in library science and shall

collect and archive information, including products and publications developed

through, or supported by, the Academy, and other relevant and useful educationrelated research, statistics, and evaluation and other information, projects, and publications that are consistent with scientifically valid research or the priorities and

mission of the Academy and are developed by the Department, other Federal agencies, or entities (including entities supported under the Regional Educational Technical Assistance Act).

PART B—NATIONAL CENTER FOR EDUCATION RESEARCH

SEC. 131. ESTABLISHMENT.

(a) ESTABLISHMENT.—There is established in the Academy a National Center for

Education Research (in this part referred to as the ‘‘Research Center’’).

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

(1) to sponsor sustained research that will lead to the accumulation of knowledge and understanding of education, particularly to improve student academic

achievement and close the achievement gap between high-performing and lowperforming students, including through the improvement of teaching and learning of reading, writing, mathematics, science, and other academic subjects;

(2) to support the synthesis and, as appropriate, the integration of education

research;

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

scientific inquiry to obtain knowledge and understanding of the validity of education theories, practices, or conditions; and

(4) to promote scientifically valid research findings that can provide the basis

for improving academic instruction and lifelong learning.

SEC. 132. COMMISSIONER FOR EDUCATION RESEARCH.

The Research Center shall be headed by a Commissioner for Education Research

(in this part referred to as the ‘‘Research Commissioner’’) who shall have substantial

knowledge of the activities of the Research Center, including a high level of expertise in the fields of research and research management.

SEC. 133. DUTIES.

(a) GENERAL DUTIES.—The Research Commissioner 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 Academy and the

mission of the Research Center and is based upon 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 Academy, and are approved by the Director;

(4) implement the plan proposed under paragraph (2) to carry out scientifically valid research that—

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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 115(f) and the standards of research described in section 135;

and

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

research conducted through field-initiated studies and may include ongoing

research initiatives;

(5) promote the use of scientifically valid research within the Federal Government, including active participation in interagency research initiatives;

(6) ensure that research conducted by the Research Center is relevant to education practice and policy;

(7) synthesize and disseminate, through the Office of Educational Resources

and Dissemination, the findings and results of education research conducted or

supported by the Research Center; and

(8) prepare and submit to the Director for approval an annual report, as described in section 134, which shall be made available to the public through such

means as the Internet.

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

grants, or cooperative agreements shall be carried out only by recipients with the

ability and capacity to conduct scientifically valid research.

(c) EVALUATIVE SUMMARIES OF RESEARCH PRIORITIES.—

(1) IN GENERAL.—In addition to the duties described in subsection (a), the Research Commissioner shall oversee and support the conduct of evaluative summaries of the education priority areas of each of the national research and development centers (as defined in section 181). Such summaries—

(A) shall be completed not later than 1 year after the date of enactment

of this Act; and

(B) shall be submitted to the Director and the Board to provide assistance

on developing and implementing the research plan described in subsection

(a)(2).

(2) PREVIOUS EVALUATIONS.—In carrying out this subsection, the Research

Commissioner may use evaluations and assessments of a national research and

development center completed before the date of enactment of this Act.

(d) EVALUATIVE SUMMARY.—Each evaluative summary conducted under subsection (c) shall—

(1) include a detailed description of the findings of the main research and development activities of the national research and development centers;

(2) describe how such findings are consistent with scientifically valid research;

and

(3) describe the implications of such findings for educational practice and

school reform.

(e) NATIONAL RESEARCH AND DEVELOPMENT CENTERS.—

(1) SUPPORT.—In carrying out activities under subsection (a)(3), the Director,

acting through the Research Commissioner, shall support national research and

development centers.

(2) SCOPE.—Support for a national research and development center shall be

for a period of not more than 5 years, shall be of sufficient size and scope to

be effective, and notwithstanding section 135(b), may be renewed without competition for not more than 5 additional years if the Director, in consultation

with the Research Commissioner and the Board, determines that the research

of the national research and development center—

(A) continues to address priorities of the Academy; and

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

section 135).

(3) LIMIT.—No national research and development center may be supported

under this subsection for a period of more than 10 years without competition.

(4) CONTINUATION OF AWARDS.—The Director, acting through the Research

Commissioner, shall continue awards made to the national research and development centers 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 (2) and (3).

SEC. 134. 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 Research

Center during the prior fiscal year.

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(2) A detailed summary of each grant, contract, and cooperative agreement in excess of $100,000 funded during the prior fiscal year, including, at a minimum,

the amount, duration, recipient, purpose, and goal of the award and its relationship to the priorities and mission of the Academy, the reports and publications

produced, and an evaluation of the activities of the Research Center, which

shall be available in a user-friendly electronic database.

(3) A description of how the activities of the Research Center are consistent

with the principles of scientifically valid research and the priorities and mission

of the Academy.

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

SEC. 135. STANDARDS FOR CONDUCT AND EVALUATION OF RESEARCH.

(a) IN GENERAL.—In carrying out this part, the Director, acting through 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 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) RESEARCH AWARDS.— (1) IN GENERAL.—Research carried out under this part through grants, contracts, or cooperative agreements, at a minimum, shall— (A) be awarded through a process of open competition; and

(B) be subject to a system of peer review of highly qualified individuals

with an in-depth knowledge of the subject to be investigated—

(i) for reviewing and evaluating all applications for grants and cooperative agreements and bids for contracts that exceed $100,000; and

(ii) for evaluating and assessing the performance of all recipients of

grants, cooperative agreements, and contracts.

(2) EVALUATION.—The Director, acting through 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 which shall be considered in making such evaluations; and

(B) evaluate the performance of each recipient of an award of a research

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

(c) LONG-TERM RESEARCH.—The Director, acting through the Research Commissioner, shall assure 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 Academy and

the mission of the Research Center.

PART C—NATIONAL CENTER FOR EDUCATION STATISTICS

SEC. 151. ESTABLISHMENT.

(a) ESTABLISHMENT.—There is established in the Academy a National Center for

Education Statistics (in this part referred to as the ‘‘Statistics Center’’).

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

(1) to collect and analyze education information and statistics in a manner

that meets the highest methodological standards;

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

(3) to collect, analyze, and report education information and statistics in a

manner that—

(A) is objective, secular, neutral, and nonideological and is free of partisan political influence and racial, cultural, gender, or regional bias; and

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

the public.

SEC. 152. COMMISSIONER FOR EDUCATION STATISTICS.

The Statistics Center shall be headed by a Commissioner for Education Statistics

(in this part referred to as the ‘‘Statistics Commissioner’’) who shall have substanVerDate 11-MAY-2000 19:53 Apr 15, 2002 Jkt 099006 PO 00000 Frm 00010 Fmt 6659 Sfmt 6621 E:\HR\OC\HR404.XXX pfrm02 PsN: HR404
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tial knowledge of statistical methodologies and activities undertaken by the Statistics Center.

SEC. 153. DUTIES.

(a) GENERAL DUTIES.—The duties of the Statistics Center are to 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 on the condition and

progress of education, at the preschool, elementary, secondary, postsecondary,

and adult levels in the United States, including data on—

(A) successful State and local education reform activities that result in increased academic achievement and narrowing of achievement gaps;

(B) student achievement in, at a minimum, the core academic areas of

reading, math, and science at all levels of education;

(C) secondary school completions, dropouts, and adult literacy and reading skills;

(D) educational access to, and opportunity for, postsecondary education,

including data on financial aid to postsecondary students;

(E) teaching, including—

(i) data on professional development, including a comparison of

courses taken in the core academic areas of reading, math, and science

with courses in noncore academic areas; 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;

(F) instruction, the conditions of the education workplace, and the supply

of, and demand for, teachers;

(G) 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—

(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;

(H) the financing and management of education, including data on revenues and expenditures;

(I) the social and economic status of children, including their academic

achievement;

(J) the existence and use of educational technology and access to the

Internet in elementary schools and secondary schools;

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

and

(L) the availability of, and access to, before-school and after-school programs (including such programs during school recesses);

(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, and disability, when such disaggregated information would facilitate educational and policy decisionmaking;

(4) assisting public and private educational agencies, organizations, and institutions in improving and automating statistical and data collection activities,

which may include assisting State educational agencies and local educational

agencies with the disaggregation of data;

(5) 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; and

(6) conducting longitudinal and special data collections necessary to report on

the condition and progress of education.

(b) TRAINING PROGRAM.—The Statistics Commissioner may establish a program to

train employees of public and private educational agencies, organizations, and institutions in the use of standard statistical procedures and concepts and may establish

a fellowship program to appoint such employees as temporary fellows at the Statistics Center in order to assist the Statistics Center in carrying out its duties.

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SEC. 154. PERFORMANCE OF DUTIES.

(a) GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS.—In carrying out the duties under this part, the Director, acting through the Statistics Commissioner, may

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

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

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

(2) SOURCE OF INFORMATION.—The Statistics Commissioner may, as appropriate, use information collected— (A) from States, local educational agencies, public and private schools,

preschools, institutions of postsecondary education, 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 Academy and by other Federal departments, agencies, and instrumentalities.

(3) COLLECTION.—The Statistics Commissioner may— (A) enter into interagency agreements for the collection of statistics;

(B) arrange with any agency, organization, or institution for the collection

of statistics; and

(C) assign employees of the Statistics Center to any such agency, organization, or institution to assist in such collection.

(4) TECHNICAL ASSISTANCE AND COORDINATION.—In order to maximize the effectiveness of Department efforts to serve the educational needs of children and

youth, the Statistics Commissioner shall— (A) provide technical assistance to the Department offices that gather

data for statistical purposes; and

(B) coordinate with other Department offices in the collection of data.

SEC. 155. REPORTS.

(a) PROCEDURES FOR ISSUANCE OF REPORTS.—The Statistics Commissioner, in consultation with the Director, shall establish procedures, in accordance with section

187, to ensure that the reports issued under this section are relevant, of high quality, useful to customers, subject to rigorous peer review, produced in a timely fashion, and free from any partisan political influence.

(b) REPORT ON CONDITION AND PROGRESS OF EDUCATION.—Not later than June 1,

2002, and each succeeding June 1 thereafter, the Director, acting through the Statistics Commissioner, shall, with the approval of the Director, submit to the President and the appropriate congressional committees a statistical report on the condition and progress of education in the United States.

(c) STATISTICAL REPORTS.—The Statistics Commissioner shall issue regular and,

as necessary (as determined by the Director, acting through the Statistics Commissioner), special statistical reports on education topics, particularly in the core academic areas of reading, mathematics, and science, consistent with the priorities and

mission of the Academy and the mission of the Statistics Center.

SEC. 156. DISSEMINATION.

(a) GENERAL REQUESTS.—

(1) IN GENERAL.—The Statistics Center may furnish transcripts or copies of

tables and other statistical records and make special statistical compilations

and surveys for State and local officials, public and private organizations, and

individuals.

(2) COMPILATIONS.—The Statistics Center shall provide State and local educational agencies opportunities to suggest the development of particular compilations of statistics, surveys, and analyses that would assist those educational

agencies.

(b) CONGRESSIONAL REQUESTS.—The Statistics Center shall furnish such special

statistical compilations and surveys as the relevant congressional committees may

request.

(c) JOINT STATISTICAL PROJECTS.—The Statistics Center may engage in joint statistical projects related to the mission of the Center, or other statistical purposes

authorized by law, with nonprofit organizations or agencies, and the cost of such

projects shall be shared equitably.

(d) FEES.—

(1) IN GENERAL.—Statistical compilations and surveys under this section,

other than those carried out pursuant to subsections (b) and (c), may be made

subject to the payment of the actual or estimated cost of such work.

(2) FUNDS RECEIVED.—All funds received in payment for work or services described in this subsection may be used to pay directly the costs of such work

13

or services, to repay appropriations that initially bore all or part of such costs,

or to refund excess sums when necessary.

(e) ACCESS.—

(1) OTHER AGENCIES.—The Statistics Center shall, consistent with section

184, cooperate with other Federal agencies having a need for educational data

in providing access to educational data received by the Statistics Center.

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

terms and conditions as the Center may prescribe, provide all interested parties, including public and private agencies, parents, and other individuals, direct access, in the most appropriate form (including, where possible, electronically), to data collected by the Statistics Center for the purposes of research and

acquiring statistical information.

SEC. 157. COOPERATIVE EDUCATION STATISTICS SYSTEMS.

The Statistics Center may establish one 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

SEC. 171. ESTABLISHMENT.

(a) ESTABLISHMENT.—There is established in the Academy a National Center for

Education Evaluation (in this part referred to as the ‘‘Evaluation Center’’).

(b) MISSION.—The mission of the Evaluation Center shall be 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 (particularly on student academic achievement in the core academic areas of

reading, math, and science), to support synthesis and dissemination of results of

evaluation research, and to encourage the use of scientifically valid education evaluation throughout the United States.

SEC. 172. COMMISSIONER FOR EDUCATION EVALUATION.

(a) IN GENERAL.—The Evaluation Center shall be headed by a Commissioner for

Education Evaluation (in this part referred to as the ‘‘Evaluation Commissioner’’)

who—

(1) shall possess a demonstrated capacity for sustained productivity and leadership in education evaluation, and be technically competent in conducting scientifically valid education evaluations; and

(2) shall oversee all evaluation activities of the Evaluation Center, the development of evaluation methodology, the reporting of findings of evaluations to

the public and appropriate congressional committees, and other duties essential

to carrying out the mission of the Evaluation Center.

(b) GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS.—In carrying out the duties under this part, the Director, acting through the Evaluation Center, may award

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

SEC. 173. DUTIES.

(a) GENERAL DUTIES.—

(1) IN GENERAL.—The Director, acting through the Evaluation Commissioner,

shall—

(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) coordinate the activities of the Evaluation Center with other evaluation activities in the Department;

(D) submit to the President and the appropriate congressional committees

a report on the Evaluation Center’s evaluation activities on an annual

basis; and

(E) review and, where feasible, supplement Federal education program

evaluations, particularly those by the Department, to determine or enhance

the quality and relevance of the evidence generated by those evaluations.

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(2) ADDITIONAL REQUIREMENTS.—Each evaluation conducted by the Evaluation Center pursuant to paragraph (1) shall adhere to the highest possible

standards of quality for conducting scientifically valid education evaluation.

(b) ADMINISTRATION OF EVALUATIONS UNDER TITLE I OF THE ELEMENTARY AND

SECONDARY EDUCATION ACT OF 1965.—The Director, acting through the Evaluation

Commissioner, consistent with the mission of the Evaluation Center under section

171, 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.

PART E—GENERAL PROVISIONS

SEC. 181. DEFINITIONS.

In this title:

(1) 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) The term ‘‘Academy’’ means the Academy of Education Sciences established under section 111.

(3) 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.

(4) The term ‘‘basic research’’ means research—

(A) to gain fundamental knowledge or understanding of phenomena and

observable facts, without specific application toward processes or products;

and

(B) for the advancement of knowledge in the field of education.

(5) The term ‘‘Board’’ means the National Board for Education Sciences established under section 117.

(6) The term ‘‘Department’’ means the Department of Education.

(7) The term ‘‘development’’ means the systematic use of knowledge or understanding gained from the findings of scientifically valid research that may prove

useful in areas (such as the preparation of materials and new methods of instruction and practices in teaching), that may lead to the improvement of the

academic skills of students, and that are replicable in different educational settings.

(8) The term ‘‘Director’’ means the Director of the Academy of Education

Sciences.

(9) The term ‘‘dissemination’’ means the communication and transfer of the

results of scientifically valid research, statistics, and evaluations, in forms that

are understandable, easily accessible, and usable, or adaptable for use in, the

improvement of educational practice by teachers, administrators, librarians,

other practitioners, researchers, policymakers, and the public, through the provision of technical assistance, electronic transfer, and other means.

(10) The term ‘‘field-initiated research’’ means basic research or applied research in which specific questions and methods of study are generated by investigators (including teachers and other practitioners) and that conforms to standards of scientifically valid research.

(11) 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)).

(12) The term ‘‘national research and development center’’ means a research

and development center under section 931(c)(1)(B) of the Education Research,

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

6031(c)(1)(B)) (as such provision existed on the day before the date of enactment

of this Act).

(13)(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—

15

(i) employing systematic, empirical methods that draw on observation or

experiment;

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

(iii) relying on measurements or observational methods that provide reliable data;

(iv) making claims of causal relationships only in random assignment experiments or other designs (to the extent such designs substantially eliminate plausible competing explanations for the obtained results);

(v) ensuring that studies and methods are presented in sufficient detail

and clarity to allow for replication or, at a minimum, to offer the opportunity to build systematically on the findings of the research;

(vi) obtaining acceptance by a peer-reviewed journal or approval by a

panel of independent experts through a comparably rigorous, objective, and

scientific review; and

(vii) using research designs and methods appropriate to the research

question posed.

(14) The term ‘‘scientifically valid education evaluation’’ means an evaluation

that—

(A) adheres to the highest possible standards of quality with respect to

research design and statistical analysis;

(B) provides an adequate description of the programs evaluated and, to

the extent possible, examines the relationship between program implementation and program impacts;

(C) provides an analysis of the results achieved by the program with respect to its projected effects;

(D) employs experimental designs using random assignment, when feasible, and other research methodologies that allow for the strongest possible

causal inferences when random assignment is not feasible; and

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

(15) The term ‘‘scientifically valid research’’ includes applied research, basic

research, and field-initiated research in which the rationale, design, and interpretation are soundly developed in accordance with scientifically based research

standards.

(16) The term ‘‘Secretary’’ means the Secretary of Education.

(17) The term ‘‘State’’ includes (except as provided in section 158 and in the

National Assessment of Educational Progress Authorization Act) each of the 50

States, the District of Columbia, the Commonwealth of Puerto Rico, the freely

associated states, and the outlying areas.

(18) The term ‘‘technical assistance’’ means—

(A) assistance in identifying, selecting, or designing solutions (including

professional development and training to implement such solutions) leading

to—

(i) improved educational practices and classroom instruction based on

scientifically valid research; and

(ii) improved planning, design, and administration of programs;

(B) assistance in interpreting, analyzing, and utilizing statistics and evaluations; and

(C) other assistance necessary to encourage the adoption or application

of scientifically valid research.

SEC. 182. INTERAGENCY DATA SOURCES AND FORMATS.

The Secretary, in consultation with the Director, shall ensure that the Department and the Academy use common sources of data in standardized formats.

SEC. 183. PROHIBITIONS.

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

development of a nationwide database of individually identifiable information on individuals involved in studies or other collections of data under this title.

(b) FEDERAL GOVERNMENT AND USE OF FEDERAL FUNDS.—Nothing in this title

may be construed to authorize an officer or employee of the Federal Government to

mandate, direct, or control the curriculum, program of instruction, or allocation of

State or local resources of a State, local educational agency, or school, or to mandate

a State, or any subdivision thereof, to spend any funds or incur any costs not provided for under this title.

(c) ENDORSEMENT OF CURRICULUM.—Notwithstanding any other provision of Federal law, no funds provided under this title to the Academy, including any office,

board, committee, or center of the Academy, may be used by the Academy to enVerDate 11-MAY-2000 19:53 Apr 15, 2002 Jkt 099006 PO 00000 Frm 00015 Fmt 6659 Sfmt 6621 E:\HR\OC\HR404.XXX pfrm02 PsN: HR404
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dorse, approve, or sanction any curriculum designed to be used in an elementary

school or secondary school.

(d) FEDERALLY SPONSORED TESTING.—

(1) IN GENERAL.—Subject to paragraph (2), no funds provided under this title

to the Secretary or to the recipient of any award may be used to develop, pilot

test, field test, implement, administer, or distribute any federally sponsored national test in reading, mathematics, or any other subject, unless specifically and

explicitly authorized by law.

(2) EXCEPTIONS.—Subsection (a) shall not apply to international comparative

assessments developed under the authority of section 153(a)(5) 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 existed 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. 184. CONFIDENTIALITY.

(a) IN GENERAL.—All collection, maintenance, use, and dissemination of data by

the Academy, including each office, board, committee, and center of the Academy,

shall conform with the requirements of section 552a of title 5, United States Code,

the confidentiality standards of subsection (c) of this section, and sections 444 and

445 of the General Education Provisions Act (20 U.S.C. 1232g, 1232h).

(b) STUDENT INFORMATION.—The Director shall ensure that all individually identifiable information about students, their academic achievements, and their families,

and information with respect to individual schools, remains confidential in accordance with section 552a of title 5, United States Code, subsection (c) of this section,

and sections 444 and 445 of the General Education Provisions Act (20 U.S.C. 1232g,

1232h).

SEC. 185. AVAILABILITY OF DATA.

Subject to section 184, data collected by the Academy, including any office, board,

committee, or center of the Academy, in carrying out the priorities and mission of

the Academy, shall be made available to the public, including through use of the

Internet.

SEC. 186. PERFORMANCE MANAGEMENT.

The Director shall ensure that all activities conducted or supported by the Academy 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.

(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. 187. AUTHORITY TO PUBLISH.

(a) PUBLICATION.—

(1) IN GENERAL.—The Academy, including each office, board, committee, and

center of the Academy, may prepare, publish, and present (including through

oral presentations) such research-based information and research reports as

needed to carry out the priorities and mission of the Academy, without clearance or approval for such preparation and publication by the Secretary or any

other officer of the Department.

(2) PROHIBITION OF REVIEW.—No report issued by the Academy, including any

office, board, committee, or center within the Academy, shall be subject to review by a Federal office or agency outside of the Academy.

(b) PEER REVIEW.—All published research, statistics, and evaluation reports conducted by or supported through the Academy, shall be subjected to rigorous peer

review before being published or otherwise made available and shall include the

names of the peer reviewers.

(c) ADVANCE COPIES.—The Academy shall provide the Director and Secretary an

advance copy of any information to be published, at least 30 days before the publication.

17

SEC. 188. VACANCIES.

Any member appointed to fill a vacancy on the Board occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A vacancy in an office, board, committee, or center of the Academy shall be filled in the manner in which the original

appointment was made. This section does not apply to employees appointed under

section 189.

SEC. 189. SCIENTIFIC OR TECHNICAL EMPLOYEES.

(a) APPOINTMENT AND PAY.—The Director may appoint for limited periods of time

and fix the pay of certain scientific or technical employees to carry out the functions

of the Academy or the office, board, committee, or center, respectively, 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, provided

that—

(1) at least 30 days before the appointment of any employee under this subsection, the Director shall give public notice of the availability of such position

and shall provide an opportunity for qualified individuals to apply and compete

for the position; and

(2) the Director may not appoint an employee under this subsection unless

the employee is necessary to provide the Academy with scientific or technical

expertise that could not otherwise be obtained by the Academy through the

competitive service and such necessity can be justified in a clear and convincing

fashion.

(b) MAXIMUM NUMBER.—Employees appointed under this section and employed at

the Academy at any particular time shall not exceed the greater of 20 percent of

the total employees of the Academy or a total of 60 individuals.

(c) MAXIMUM PAY RATE.—An employee appointed under this section may not be

paid at a rate that exceeds the rate of basic pay for level V of the Executive Schedule, except that not more than 10 individuals appointed under this section may not

be paid at a rate that exceeds the rate of basic pay for level IV of the Executive

Schedule.

(d) TERMS.—An employee appointed under this section may serve not longer than

6 years.

SEC. 190. VOLUNTARY SERVICE.

The Secretary, acting through the Director, may accept voluntary and uncompensated services to carry out and support activities that are consistent with the priorities and mission of the Academy.

SEC. 191. FELLOWSHIPS.

In order to strengthen the national capacity to carry out high-quality research,

evaluation, and statistics related to education, the Director shall establish and

maintain research, evaluation, and statistics fellowships in the Academy and 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, particularly for women and minorities, with such stipends and

allowances (including travel and subsistence expenses) as the Director may determine necessary to obtain the assistance of highly qualified research, evaluation, and

statistics fellows.

SEC. 192. 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 Academy.

SEC. 193. AUTHORIZATION OF APPROPRIATIONS.

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

out this title $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) no 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 the

enactment of this Act) for fiscal year 2002 shall be provided to the National

Center for Education Statistics, as authorized under part C; and

(2) the lesser of 2 percent of such funds or $1,000,000 shall be made available

to carry out section 117 (relating to the National Board for Education Sciences).

(b) AVAILABILITY.—Amounts made available under this section shall remain available until expended.

18

TITLE II—REGIONAL EDUCATIONAL APPLIED

RESEARCH AND TECHNICAL ASSISTANCE

SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘Regional Assistance Act of 2002’’.

SEC. 202. TABLE OF CONTENTS.

The table of contents for this title is as follows:

Sec. 201. Short title.

Sec. 202. Table of contents.

Sec. 203. Regional educational applied research and technical assistance entities.

Sec. 204. Regional advisory committees.

Sec. 205. Grants.

Sec. 206. Regional entity boards.

Sec. 207. Public input.

Sec. 208. Priorities and evaluations.

Sec. 209. Authorization of appropriations.

Sec. 210. General provisions.

SEC. 203. REGIONAL EDUCATIONAL APPLIED RESEARCH AND TECHNICAL ASSISTANCE ENTITIES.

(a) ESTABLISHMENT.—The Secretary, through grants, contracts, or cooperative

agreements, shall establish and oversee a system of regional educational applied research and technical assistance entities (in this title referred to as ‘‘regional entities’’) to provide applied research, dissemination, training, technical assistance, and

development activities related to the administration and implementation of Federal

education programs and other regional education needs to States, local educational

agencies, schools, Indian tribes, community-based organizations, and other appropriate entities.

(b) REGIONS.—In establishing geographical regions to be served by the regional

entities, the Secretary shall serve the same geographical regions as 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). The Secretary

shall support at least two regional entities in each region, and shall allocate to each

region for each fiscal year an amount of funds comparable to the amount of funds

awarded to serve the needs of that region under prior regional assistance programs

under section 3141 and parts A and C of title XIII of the Elementary and Secondary

Education Act of 1965 (as such provisions existed on the day before the date of enactment of the No Child Left Behind Act of 2001 (Public Law 107–110)) and 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).

(c) TECHNICAL ASSISTANCE, APPLIED RESEARCH, DEVELOPMENT, AND DISSEMINATION.—The Secretary shall support applied research, development, dissemination,

and technical assistance and reform initiatives, which, at a minimum, shall include

the following:

(1) Training and technical assistance to State educational agencies, local educational agencies, schools, public charter schools, Indian tribes, communitybased organizations, and other appropriate entities, regarding, at a minimum—

(A) the administration and implementation of programs under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.);

(B) scientifically valid research in education on teaching methods and assessment tools for use by teachers and administrators in, at a minimum—

(i) the core academic areas of mathematics, science, and reading; and

(ii) education technology; and

(C) the facilitation of communication between education experts, school

officials and teachers, parents, and librarians, as appropriate.

(2) The dissemination and provision of scientifically valid research, information, reports, and publications that are usable for improving academic achievement, narrowing achievement gaps, and encouraging and sustaining school improvement, to—

(A) schools, educators, parents, and policymakers within the applicable

region in which the entity is located; and

(B) the Office of Educational Resources and Dissemination.

(3) Applied research projects designed to serve the particular needs of the region if quality applied research does not exist based on the regional advisory

committee’s plan under section 204(c), and that reflects findings from scientifically valid research and results in user-friendly, replicable, classroom applications geared toward promoting increased student achievement.

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(4) The use of applied research to assist in solving site-specific problems, to

assist in development activities, and to contribute to the current base of education knowledge by addressing enduring problems in elementary and secondary education.

(d) AUTHORITY.—

(1) IN GENERAL.—To carry out the activities described in subsection (c), the

Secretary shall—

(A) enter into contracts with at least two regional entities for each region

described in subsection (b), on a competitive basis, for a 5-year period, to

provide services under this title, and of such entities—

(i) the primary duties of at least one regional entity for each region

shall include those described in subsections (c)(3) and (c)(4);

(ii) the primary duties of at least one regional entity for each region

shall include those described in subsection (c)(1); and

(iii) at least one of the regional entities described in clauses (i) and

(ii) shall be a nonprofit entity; and

(B) provide contracts of not more than a 5-year period, each of which

shall be on a competitive basis, with private or public, for profit or nonprofit, 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 (c), which may include regional entities that carried out activities

under the Educational Research, Development, Dissemination, and Improvement Act of 1994 (20 U.S.C. 5801 et seq.) (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) APPLICATION.—Each regional entity seeking a contract under this subsection shall submit an application at such time, in such manner, and containing such additional information as the Secretary may reasonably require.

Each such application shall—

(A) cover not less than a 5-year period; and

(B) describe how the applicant will carry out the activities described in

subsection (c).

(3) OBJECTIVES AND INDICATORS.—Before entering into a contract under this

subsection, the Secretary shall design specific objectives and measurable indicators to be used to assess the particular program or initiatives and ongoing

progress and performance of regional entities to ensure the 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.

(e) COORDINATION.—In order to assure coordination and prevent unnecessary duplication of activities among the regions, the Secretary shall—

(1) share information about the activities of each regional entity with each

other regional entity and with the Department, including the Director of the

Academy of Education Sciences and the National Board for Education Sciences;

(2) create a strategic plan for the development of activities undertaken by the

each regional entity to increase collaboration and resource-sharing in such activities;

(3) where appropriate, employ methods through which the activities undertaken by each of the regional entities also serves national interests; and

(4) assure that each of the entities funded under this section coordinate their

activities with each other.

(f) CONTINUATION.—In order to carry out the purpose of this title and facilitate

the transition to regional entities, the Secretary—

(1) shall continue the existing awards of 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), the Eisenhower Regional Mathematics and Science Education Consortia established under part M of such Act

(as such part existed on the day before the date of enactment of this Act), and

the Regional Technology in Education Consortia for the duration of those existing awards in accordance with the terms and agreements of such awards; and

(2) may extend for no more than 2 years the awards of 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).

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SEC. 204. REGIONAL ADVISORY COMMITTEES.

(a) ESTABLISHMENT AND MEMBERSHIP.—

(1) IN GENERAL.—The Secretary shall support, through grants awarded under

section 205, a regional advisory committee in each region referred to in section

203(b). Each such committee shall be established by the Governors, in consultation with the chief State school officers, in such region. The membership of such

a committee shall not exceed 25 members, shall represent a balanced representation of States in the region, and shall consist of the following individuals:

(A) Not more than one representative of each State educational agency

geographically located in the region.

(B) Representatives of local educational agencies, who shall be selected

jointly by the Governors and the chief State school officers in such States

represented by such region and shall include representatives of urban and

rural areas.

(C) Representatives of institutions of higher education, including individuals representing university-based education research, and university-based

research other than education, who shall be selected jointly by the Governors and the chief State school officers in such States represented by such

region.

(D) Parents, who shall be selected jointly by the Governors and the chief

State school officers in such States represented by such region.

(E) Practicing educators, including classroom teachers, principals, administrators, school board members, and other local school officials, who shall

be selected jointly by the Governors and the chief State school officers in

such States represented by such region.

(F) Representatives of business, who shall be selected jointly by the Governors and the chief State school officers in such States represented by such

region.

(G) Researchers, who shall be selected jointly by the Governors and the

chief State school officers in such States represented by such region.

(2) SPECIAL RULE.—The number of members on each such committee selected

under subparagraphs (B), (D), and (E) of paragraph (1), collectively, shall total

more than those selected under subparagraphs (A), (C), (F), and (G) of such

paragraph, collectively.

(b) AUTHORITY.—Each regional advisory committee shall have the authority to accept gifts, in-kind contributions, services, or other assistance to facilitate the committee’s activities.

(c) PLAN.—Each regional advisory committee shall—

(1) develop a 5-year plan for serving the needs of all States and, to the extent

practicable, local needs within the region by conducting a survey of the educational needs, strengths, and weaknesses within the region, including a process

of open hearings to solicit the views and needs of schools, public charter schools,

teachers, administrators, parents, local educational agencies, librarians, businesses, State educational agencies, and other customers within the region; and

(2) submit the plan to the Secretary, at such time, in such manner, and containing such information as the Secretary may require, and to the Director of

the Academy of Education Sciences, to assist in making decisions regarding the

priorities under section 116 of the Education Sciences Reform Act of 2002 and

the priorities described under section 208(a).

SEC. 205. GRANTS.

(a) AUTHORITY.—In order to support the activities of the regional advisory committees established under section 204 (including conducting the survey of regional

needs described in section 204(c)(1)), the Secretary shall make a grant to an entity

within each region that is approved by the Governor and the chief State school officer of each State within the region. A grant under this subsection shall not exceed

$150,000 and shall not exceed 1 year in duration.

(b) APPLICATION.—In order to receive a grant under subsection (a), the entity applying on behalf of the regional advisory committee shall submit to the Secretary

for approval an application that contains—

(1) documentary evidence of the entity’s approval by the Governor and chief

State school officer of each State within the region;

(2) an assurance that the regional advisory committee will comply with the

requirements of section 204; and

(3) such other information as the Secretary may reasonably require.

(c) SUBSEQUENT GRANTS.—The Secretary shall make grants subsequent to those

made under subsection (a) on a timely basis, in order to ensure the preparation and

submission of a second 5-year plan.

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SEC. 206. REGIONAL ENTITY BOARDS.

(a) COMPOSITION.—The regional entities described in section 203(d)(1)(A) shall be

governed by a board (in this title referred to as a ‘‘regional entity board’’) composed

of—

(1) the chief State school officers (or other State officials in each State served

by the regional entity who have primary responsibility under State law for elementary and secondary education in the State), or their designees, in the region

served by the regional entity; and

(2) not more than 20 other members who are representative of the educational interests in the region served by the regional entity and are selected

jointly by the officials specified in paragraph (1) and the Governors of each

State within the region, including—

(A) representatives of local educational agencies, including representatives of urban and rural areas;

(B) representatives of institutions of higher education;

(C) parents;

(D) practicing educators, including classroom teachers, principals, and administrators;

(E) representatives of business; and

(F) policymakers, expert practitioners, and researchers with knowledge

of, and experience using, the results of research, evaluation, and statistics.

(b) PLAN.—Each regional entity board shall develop and submit to the Secretary

for approval a plan that addresses the needs identified by the appropriate regional

advisory committee under section 204(c)(1). Such plan shall be submitted in a manner and form, and containing such information, as the Secretary may require. Such

plan shall be developed to guide the regional entities in carrying out this section

and satisfying the terms and conditions of the contract awards, and to assist in

making decisions regarding the national priorities within education research.

(c) DUTIES.—Each regional entity board shall—

(1) be the sole entity that guides and directs the regional entities in carrying

out this title, satisfying the terms and conditions of the contract award, and determining the regional agenda and mission of such entities;

(2) ensure that the regional entities attain and maintain a high level of quality of work;

(3) establish standards to ensure that the regional entities have strong and

effective governance, organization, management, and administration, and employ qualified staff;

(4) direct the regional entities to carry out their duties in a manner that will

make progress toward reforming schools and educational systems;

(5) coordinate its activities, collaborate, and regularly exchange information

with the Secretary, the Director of the Academy of Education Sciences, the Office of Educational Resources and Dissemination of the Academy, and other appropriate entities including educational service agencies as described in the No

Child Left Behind Act of 2001 (Public Law 107–110);

(6) direct the regional entities resources to and within each State in a manner

that reflects the need for assistance, taking into account factors such as the proportion of economically disadvantaged students, the cost burden in areas of

sparse populations; and

(7) give priority to—

(A) schools 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 participating in schoolwide

programs under title I of the Elementary and Secondary Education Act of

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

(B) local educational agencies in which high percentages or numbers of

school age children are from low-income families, as determined under section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965

(20 U.S.C. 6333(c)(1)(A)), including such local educational agencies in rural

and urban areas; and

(C) schools that have been identified for school improvement under section 1116 of the Elementary and Secondary Education Act of 1965 (20

U.S.C. 6316).

(d) GIFTS.—Each regional entity board shall have the authority to accept gifts, inkind contributions, services, or other assistance to facilitate its activities.

SEC. 207. PUBLIC INPUT.

Before entering into a contract under this title, the Secretary shall seek input

from Governors, chief State school officers, educators, and parents regarding the

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need for applied research, dissemination, training, technical assistance, and development activities authorized by this title in the States to be served and how those

needs would be addressed most effectively.

SEC. 208. PRIORITIES AND EVALUATIONS.

(a) PRIORITIES.—The Secretary may establish annual priorities for the regional entities.

(b) EVALUATIONS.—The Secretary shall provide for ongoing independent evaluations of the regional entities receiving grants, contracts, or cooperative agreements

in carrying out the duties under this title, the results of which shall be transmitted

to the appropriate congressional committees and the Director of the Academy of

Education Sciences. Such evaluation shall include an analysis of the services provided under this title, the extent to which the regional entities have met the objectives of the plans submitted under sections 204(c) and 206(b), and whether such

services have met the needs of State educational agencies and local educational

agencies and schools in the region, including those local educational agencies and

schools described under section 206(c)(7).

SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to be appropriated to carry out this title

$189,000,000 for fiscal year 2003 and such sums as may be necessary for each of

the 5 succeeding fiscal years.

(b) LIMITATION.—Not more than 2.5 percent of the funds appropriated under subsection (a) for a fiscal year may be used for the evaluations required under section

208.

SEC. 210. GENERAL PROVISIONS.

Part E of the Education Sciences Reform Act of 2002 applies to this title, as appropriate, except that any responsibilities assigned solely to the Director of the

Academy of Education Sciences shall be the responsibility of the Secretary.

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. STATE DEFINED.

In this title, the term ‘‘State’’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

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

(1) for fiscal year 2003—

(A) $4,600,000 to carry out section 302 (relating to the National Assessment Governing Board); and

(B) $107,500,000 to carry out section 303 (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.

(b) AVAILABILITY.—Amounts made available under this section shall remain available until expended.

TITLE IV—AMENDATORY PROVISIONS

SEC. 401. REDESIGNATIONS.

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

1994 (20 U.S.C. 9007) is amended—

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

term appears and inserting ‘‘Director’’;

(2) in subsection (a)(2)(A), by striking ‘‘statistical purpose’’ and inserting ‘‘research, statistics, or evaluation purpose under this title’’;

(3) so that paragraph (1) of subsection (b) reads as follows:

‘‘(1) IN GENERAL.—

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

employee and no recipient of a Federal grant, contract, or cooperative

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agreement may, for any reason, require the Director, any Commissioner of

a National Education Center, or any other employee of the Academy to disclose individually identifiable information that has been collected or retained under this title. ‘‘(B) IMMUNITY.—Individually identifiable information collected or retained under this title shall be immune from legal process and shall not,

without the consent of the individual concerned, be admitted as evidence

or used for any purpose in any action, suit, or other judicial or administrative proceeding. ‘‘(C) APPLICATION.—This paragraph does not apply to requests for individually identifiable information submitted by or on behalf of the individual

identified in the information.’’;

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

(5) in paragraphs (3) and (7) of subsection (b), by striking ‘‘Center’s’’ each

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

(6) by striking the section heading and transferring all the subsections (including subsections (a) through (c)) and redesignating such subsections as subsections (c) through (e), respectively, at the end of section 184 of this Act.

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

as sections 304 and 305, respectively.

(c) NATIONAL ASSESSMENT GOVERNING BOARD.—Section 412 of the National Education Statistics Act of 1994 (20 U.S.C. 9011) is amended—

(1) in subsection (a), by striking ‘‘referred to as the ‘Board’ ’’ and inserting ‘‘referred to as the ‘Assessment Board’ ’’;

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

the National Assessment’’;

(5) in subsection (b)(2)—

(A) by striking ‘‘ASSISTANT SECRETARY FOR EDUCATIONAL RESEARCH’’ in

the heading and inserting ‘‘DIRECTOR OF THE ACADEMY OF EDUCATION

SCIENCES’’; and

(B) by striking ‘‘Assistant Secretary for Educational Research and Improvement’’ and inserting ‘‘Director of the Academy of Education Sciences’’;

(6) in subsection (e)(1)(A), by striking ‘‘section 411(b)’’ and inserting ‘‘section

303(b)’’;

(7) in subsection (e)(1)(B), by striking ‘‘section 411(e)’’ and inserting ‘‘section

303(e)’’;

(8) in subsection (e)(1)(E), by striking ‘‘, including the Advisory Council established under section 407’’;

(9) in subsections (e)(1)(F) and (e)(1)(I), by striking ‘‘section 411’’ each place

such term appears and inserting ‘‘section 303’’;

(10) in subsection (e)(5), by striking ‘‘and the Advisory Council on Education

Statistics’’;

(11) in subsection (e)(6), by striking ‘‘section 411(e)’’ and inserting ‘‘section

303(e)’’; and

(12) by transferring and redesignating the section as section 302 (following

section 301) of title III of this Act.

(d) NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.—Section 411 of the National Education Statistics Act of 1994 (20 U.S.C. 9010) is amended—

(1) by striking ‘‘Commissioner’’ each place such term appears and inserting

‘‘Commissioner for Education Statistics’’;

(2) by striking ‘‘National Assessment Governing Board’’ and ‘‘National Board’’

each place either such term appears and inserting ‘‘Assessment Board’’;

(3) in subsection (a), by striking ‘‘section 412’’ and inserting ‘‘section 302’’;

(4) in subsection (a), by striking ‘‘and with the technical assistance of the Advisory Council established under section 407,’’;

(5) in subsection (b)(1), by inserting ‘‘of’’ after ‘‘academic achievement and reporting’’;

(6) in subsection (b)(3)(A)—

(A) in clause (i), by striking ‘‘paragraphs (1)(B) and (1)(E)’’ and inserting

‘‘paragraphs (2)(B) and (2)(E)’’;

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

(2)(C)’’; and

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

(2)(D)’’;

24

(7) in subsection (b)(5), by striking ‘‘(c)(2)’’ and inserting ‘‘(c)(3)’’;

(8) in subsection (c)(2)(D), by striking ‘‘subparagraph (B)’’ and inserting ‘‘subparagraph (C)’’;

(9) in subsection (e)(4), by striking ‘‘subparagraph (2)(C)’’ and inserting ‘‘paragraph (2)(C) of such subsection’’;

(10) in subsection (f)(1)(B)(iv), by striking ‘‘section 412(e)(4)’’ and inserting ‘‘section 302(e)(4)’’; and

(11) by transferring and redesignating the section as section 303 (following

section 302) of title III of this Act.

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

The Department of Education Organization Act (20 U.S.C. 3401 et seq.) is amended as follows:

(1) Paragraph (4) of section 202(b) (20 U.S.C. 3412(b)) is amended to read as

follows: ‘‘(4) There shall be in the Department a Director of the Academy of Education

Sciences who shall be appointed in accordance with section 115(a) of the Education

Sciences Reform Act of 2002 and perform the duties described in that Act.’’. (2) Section 208 (20 U.S.C. 3419) is amended to read as follows:

‘‘ACADEMY OF EDUCATION SCIENCES

‘‘SEC. 208. There shall be in the Department of Education an Academy of Education Sciences, which shall be administered in accordance with the Education

Sciences Reform Act of 2002 by the Director appointed under section 115(a) of that

Act.’’.

(3) In the table of contents in section 1 (20 U.S.C. 3401 note), the item relating to section 208 is amended to read as follows:

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

SEC. 403. REPEALS.

The following provisions of law are repealed:

(1) The National Education Statistics Act of 1994 (title IV of the Improving

America’s Schools 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) Paragraph (2) of section 401(b) of the Department of Education Organization Act (20 U.S.C. 3461(b)(2)).

SEC. 404. CONFORMING AND TECHNICAL AMENDMENTS.

(a) GOALS 2000: EDUCATE AMERICA ACT.—The table of contents in section 1(b) of

the Goals 2000: Educate America Act (20 U.S.C. 5801 note) is amended by striking

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

sections within those parts).

(b) TITLE 5, UNITED STATES CODE.—Title 5, United States Code, is amended— (1) in section 5314, by inserting a period after ‘‘Under Secretary of Education’’; and

(2) in section 5315, by striking the following: ‘‘Commissioner, National Center for Education Statistics.’’. (c) GENERAL EDUCATION PROVISIONS ACT.—Section 447(b) of the General Education Provisions Act (20 U.S.C. 1232j) 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)(5) of the Education Sciences Reform Act of 2002’’. (d) ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.—The Elementary and

Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended as follows:

(1) Section 1111(c)(2) is amended by striking ‘‘section 411(b)(2) of the National

Education Statistics Act of 1994’’ and inserting ‘‘section 303(b)(2) of the National Assessment of Educational Progress Authorization Act’’. (2) Section 1112(b)(1)(F) is amended by striking ‘‘section 411(b)(2) of the National Education Statistics Act of 1994’’ and inserting ‘‘section 303(b)(2) of the

National Assessment of Educational Progress Authorization Act’’. (3) Section 1117(a)(3) is amended 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’’. (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 ‘‘Academy of Education

Sciences’’:

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(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 Academy’’.

(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

Academy 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 Academy 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 ‘‘the Office’’ and inserting ‘‘the Academy’’.

(9) Section 9529(b) is amended by striking ‘‘section 404(a)(6) of the National

Education Statistics Act of 1994’’ and inserting ‘‘section 153(a)(5) of the Education Sciences Reform Act of 2002’’.

(e) SCHOOL-TO-WORK OPPORTUNITIES ACT OF 1994.—Section 404 of the School-toWork 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. EFFECTIVE DATE.

This Act and the amendments made by this Act shall take effect on October 1,

2002.

PURPOSE

The purposes of this Act are to provide national leadership in expanding fundamental knowledge and understanding of education;

to conduct valid scientific research using standards of research that

will result in findings that can be used by classroom teachers to

improve academic achievement for all students; to provide the educators and the general public with reliable information about the

condition and progress of education in the United States; to evaluate and determine the effectiveness of federal education programs;

to establish a culture of scientific inquiry in education research,

evaluation and data collection; and to widely disseminate this information to the public.

COMMITTEE ACTION

HEARINGS

The Committee on Education and the Workforce and the Senate

Committee on Health, Education, Labor, and Pensions held a hearing in Washington, D.C. during the first session of the 106th Congress to review federal educational research and evaluation efforts

to determine how useful they are in helping States and school districts improve student achievement. The Committee held the hearing, entitled ‘‘Overview of Federal Education Research and Evaluation Efforts,’’ on June 17, 1999.

The Subcommittee on Early Childhood, Youth and Families held

two hearings on education research in Washington, D.C. during the

second session of the 106th Congress. These hearings explored the

need for high quality, scientifically based education research as a

means to increase student achievement and reform education. In

addition, the hearings focused on the reauthorization of the National Center for Education Statistics (NCES), the National Assessment of Educational Progress (NAEP) and the National AssessVerDate 11-MAY-2000 19:53 Apr 15, 2002 Jkt 099006 PO 00000 Frm 00025 Fmt 6659 Sfmt 6602 E:\HR\OC\HR404.XXX pfrm02 PsN: HR404
26

ment Governing Board (NAGB), and how to provide for the improvement of federal education research, evaluation, information,

and dissemination. The Subcommittee held the first hearing, entitled ‘‘Options for the Future of the Office of Educational Research

and Improvement,’’ on May 4, 2000 and the second hearing, entitled ‘‘Authorization of the National Center for Education Statistics,

National Assessment of Educational Progress, and National Assessment Governing Board,’’ on May 11, 2000.

In addition, on July 26, 2000, the Subcommittee on Early Childhood, Youth and Families considered in legislative session, the

‘‘Scientifically Based Education Research, Statistics, Evaluation,

and Information Act of 2000 (H.R. 4875).’’ H.R. 4875 was the predecessor bill to H.R. 3801, the ‘‘Education Sciences Reform Act of

2002’’ which was introduced and considered in the 107th Congress.

The Subcommittee on Education Reform held a hearing in Washington, D.C. during the first session of the 107th Congress to learn

how best to strengthen and reform the federal role in education research, evaluation, and dissemination, and to translate education

research into practice in the nation’s schools. In the second session

of the 107th Congress, the Subcommittee held a hearing to review

and hear comments on the reauthorization of the Office of Educational Research and Improvement (OERI). Education leaders testified on the importance of high standards and independence in

education research. The hearing held during the first session of the

107th Congress took place on July 17, 2001, and was entitled

‘‘From Research to Practice: Improving America’s Schools in the

21st Century.’’ The hearing held during the second session of the

107th Congress took place on February 28, 2002, and was entitled

‘‘The Reauthorization of the Office of Educational Research and Improvement.’’

LEGISLATIVE ACTION

On February 27, 2002, Representative Michael Castle (R–DE) introduced H.R. 3801, the ‘‘Education Sciences Reform Act of 2002.’’

H.R. 3801 reauthorizes and makes amendments to OERI. H.R.

3801 was drafted on the basis of hearings, the recommendations of

the Administration, and the recommendations of other members of

the education community.

The Subcommittee on Education Reform considered H.R. 3801 in

legislative session on March 13, 2002, and it was favorably reported, as amended, to the Committee on Education and the Workforce by voice vote. The following are descriptions of the amendments adopted to H.R. 3801 during Subcommittee consideration:

• Mr. Castle (R–DE) offered an amendment in the nature of a

substitute to H.R. 3801.

• Mr. Keller (R–FL) offered an en bloc amendment to the amendment in the nature of a substitute to H.R. 3801 offered by Mr. Castle.

On March 20, 2002, the Committee on Education and the Workforce considered H.R. 3801 in legislative session and reported it favorably, as amended, to the House of Representatives by voice vote.

The following are descriptions of the amendments adopted to H.R.

3801 during Committee consideration:

• Mr. Castle (R–DE) offered an amendment in the nature of a

substitute to H.R. 3801.

27

• Mr. Isakson (R–GA) offered an amendment to make technical

changes and restructure the bill’s regional technical assistance and

applied research system. The Committee adopted the amendment

by voice vote.

SUMMARY

• H.R. 3801 reauthorizes and amends the current statute governing the Office of Educational Research and Improvement (OERI)

of the Department of Education by replacing OERI with a new

Academy of Education Sciences, which will provide the infrastructure for the undertaking of coordinated and high quality education

research, statistics gathering, program evaluation, and dissemination.

• The Academy would be located within the Department of Education, but would function as a separate office under the direction

a Director who would be advised by the National Board for Education Sciences. This will help ensure that the Academy’s activities

are carried out greatest level of independence and integrity. Following are descriptions of the major provisions of the bill.

NATIONAL BOARD FOR EDUCATION SCIENCES

• The National Board for Education Sciences is comprised of fifteen members, appointed by the President and confirmed by the

Senate. Ex-Officio members of the board include members of the

National Science Foundation, the National Institutes of Child

Health and Human Development, the Bureau of Labor Statistics,

the Census Bureau, the Director, and the Commissioners of the

National Education Statistics, Research, and Evaluation Centers.

• The Board has final approval of the Academy’s priorities in research, statistics, and evaluation, and a general advisory role to the

Director’s day-to-day administration of the Academy, thereby creating a workable system of checks and balances that permits both

an independence of function and coherence of operation.

ACADEMY OF EDUCATION SCIENCES

• A Director of the Academy will be appointed by the President

and confirmed by the Senate, and will replace the current Assistant Secretary for OERI, and serve a six-year term.

• The Director will be responsible for proposing priorities for research, evaluation, and statistics to the Board; overseeing the activities carried out in the Academy for education statistics, research and evaluation, and disseminating information to the public.

• The Director may conduct two studies: measuring student

dropout rates and determining how illegal narcotics and alcohol

contribute to school violence.

OFFICE OF EDUCATIONAL RESOURCES AND DISSEMINATION

• An office is established within the Director’s office that will, at

a minimum, disseminate information on scientifically valid research on education to the public, especially in the core academic

areas of reading, mathematics, science, and educational technology,

which may include the continuation of funding to existing clearinghouses.

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• The National Library of Education is relocated to this office

and will be responsible for streamlining the existing complexities

of federal education information collection and archival activities,

as well as maintaining a national education library.

THE NATIONAL EDUCATION CENTERS FOR RESEARCH, STATISTICS, AND

EVALUATION

• The Academy consists of three National Education Centers: the

Center for Education Research, the Center for Education Statistics,

and the Center for Education Evaluation.

• A Commissioner appointed by the Director of the Academy

heads each Center.

1. Center for Education Research

• The National Center for Education Research replaces the five

existing education research institutes and is headed by a Commissioner.

• The Commissioner of Education Research, who could serve up

to six years, and will provide national leadership in education research, promoting scientifically valid research findings that can

lead to improved academic instruction and learning in the classroom.

• All research funded by the Center will be required to meet the

requirements of ‘‘scientifically valid research standards’’ as defined

in the Act.

• The Commissioner, through the authority of the Director, will

develop and carry out a research agenda based upon priorities

identified by the Director and approved by the National Board for

Education Sciences, which is designed to provide insight into the

gaps in research covering the core academic areas.

• The Commissioner, through the authority of the Director, will

award contracts, grants, or cooperative agreements to carry out scientifically valid research using objective and measurable indicators,

under established standards of research and peer review, including

through the continuation of funding to existing national research

and development centers.

• Research conducted under the direction of the Research Center

will meet the highest standards of professional excellence in education research.

• Research findings will be made widely available to the public

through such means as the Internet, through the Academy’s Office

of Education Resources and Dissemination, and as part of the report prepared by the Commissioner.

2. Center for Education Statistics

• The Act essentially maintains the existing structure of the National Center for Education Statistics (NCES).

• The Commissioner is currently appointed by the President and

confirmed by the Senate. Under the Academy, the Director appoints the Commissioner, who could serve up to six years.

• NCES will continue to collect and analyze education information and statistics as it has since it was established in 1867.

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3. Center for Education Evaluation

• The Department of Education is currently charged by Congress

to evaluate its own programs. Under the current structure there is

insufficient boundaries and quality standards to ensure that the

Department produces high quality evaluations that are able to

demonstrate whether programs are actually working.

• This Act makes education program evaluation more independent, and sets quality standards to ensure that the studies are

rigorous and able to provide Congress and educators with useful information about the effectiveness of federal education programs.

• The Commissioner of the National Center for Education Evaluation will oversee all program evaluations, including the Title I

program evaluation, to determine the impact of such programs.

• The Commissioner will be appointed by the Director and could

serve up to six years. The Commissioner will be authorized to establish independent review panels for evaluations conducted by the

Center to ensure that evaluations are meaningful, rigorous in

methodology, timely, and reflective of national priorities as established by the Board.

REGIONAL EDUCATIONAL APPLIED RESEARCH AND TECHNICAL

ASSISTANCE

• Ten regional areas of the United States, as defined in current

law, are established to serve the needs of States, districts and

schools in that region for technical assistance and applied research.

• The Secretary awards contracts to regional entities on a competitive basis. There will be at least two entities in each region, one

providing technical assistance and the other applied research.

• The Secretary will fulfill the terms of the existing contracts of

the Eisenhower Regional Mathematics and Science Education Consortia, the Regional Technology in Education Consortia, and the

Regional Educational Laboratories.

• A Regional Advisory Committee is established in each region

by the Governor in consultation with the chief State school officer,

and would conduct a needs assessment, develop a 5–year plan to

serve the needs of the States in the region, and submit the plan

to the Secretary for approval.

• A board consisting of not more than 20 members, who are representatives of the region, will govern each region’s two regional

entities that receive a grant from the Secretary.

• The regional entity board will guide and direct the regional entities receiving contracts, ensure high quality work, establish

standards and coordinate its activities with other entities in the region, and ensure the entities undertake activities consistent with

the plan developed by the Regional Advisory Committee for that region.

• The Secretary shall solicit input from Governors, chief State

school officers, educators, and parents to determine the needs of

the region.

NATIONAL ASSESSMENT GOVERNING BOARD (NAGB) AND THE NATIONAL

ASSESSMENT FOR EDUCATION PROGRESS (NAEP)

• The authorities of NAEP and NAGB remain the same as they

are in the No Child Left Behind Act of 2001.

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OTHER PROVISIONS

• Personally identifiable information.—Personally identifiable information is protected by confidentiality and privacy laws and may

not be distributed or disclosed.

• Prohibition on Federally Sponsored National Testing.—The Act

prohibits funds from being 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 in law. The provision does not apply

to international comparative assessments administered to only a

representative sample of pupils in the United States and in foreign

nations.

• National Database.—The Act includes a rule of construction

clarifying that nothing in the Act is to be construed as allowing the

development of a national database of personally identifiable information on individuals involved in studies or data collection under

the Act.

• Prohibitions on the Department of Education.—The Act provides that (1) nothing in the Act shall be construed to authorize an

officer or employee of the Federal Government to mandate, direct,

or control a State’s, local educational agencies, or school’s curriculum, program of instruction, or allocation of State or local resources, or to mandate a State or any subdivision thereof to spend

any funds or incur any costs not paid for under the Act; and (2)

no funds provided to the Department of Education or to any applicable program may be used by the Department to endorse, approve,

or sanction any curriculum designed to be used in an elementary

or secondary school.

COMMITTEE VIEWS

At a February 28, 2002, hearing before the Education Reform

Committee, Assistant Secretary for the Office of Education Research and Improvement Dr. Russ Whitehurst stated:

We need an invigorated agency that is capable of carrying out a coordinated, focused agenda of high quality research, statistics and evaluation that is relevant to the

educational challenges of the nation, and that has sufficient flexibility to adjust to new opportunities and problems when they arise. This is a unique and unparalleled

opportunity to begin a process that will make American

education an evidence-based field. If we succeed in this

task, historians may look back at our actions in the next

weeks and months as building the foundation for a new

era in learning and teaching, an era that propelled the

United States into another century of preeminence.

In the reauthorization of the Office of Educational Research and

Improvement (OERI), the Committee has taken a significant step

towards this new beginning. As Christopher Cross, former Assistant Secretary for OERI under President H.W. Bush, stated simply,

‘‘OERI has never fulfilled its mission.’’ For more than thirty years,

since the establishment of the National Institute of Education in

1972, there has been a desire on the part of policymakers at the

national level to provide the mechanism for valid research that

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would be cumulative and inform education practices at the State

and local levels with well-documented findings. The Committee

strongly believes there should be much more to show for the thirty

years of federally funded education research.

The Committee believes that there is general agreement on the

objectives of a Federal research agency, but the achievement of

those objectives has been elusive. Dr. Robert Slavin, Co-Director,

Center for Research on the Education of Children Placed at Risk,

Johns Hopkins University, made this comment that summarizes

the general consensus:

OERI (or its successor agency) should be the primary

federal funding source for research, development, and dissemination directed at improving the outcomes of schooling. In the long run, it should be judged on one criterion.

Is OERI funding and leadership leading to the creation of

knowledge, methods, and materials that enable America’s

educators to improve the outcomes of schooling for all children, especially academic achievement outcomes? To accomplish this goal, OERI will have to support a wide range

of types of research, from basic to applied, and it will have

to build the infrastructure for research, development, and

dissemination of effective programs, with a particular

focus on building the talent pool for doing high-quality research in education.

The structure of the primary education research agency has been

changed many times, but there has been little, if any, change in

outcome. As a result, many have expressed cynicism about restructuring the education research function yet again, likening the effort

to rearranging the deck chairs on the Titanic. However, restructuring coupled with serious reform may well save the ship. Thus,

the Committee has determined that the mission of the new Academy of Education Sciences will be clear, focused, and empowering,

giving the new Director and Board of Education Sciences maximum

flexibility in setting policy and priorities as defined in the Act.

Moreover, the Committee has also provided the Academy with sufficient funds to conduct high quality research, collect statistical

data, and evaluate programs.

The Committee also believes that it will be the quality, understanding, and commitment of the education scientists themselves

that will determine whether the Academy of Education Sciences

initiates a new chapter in high-quality research. All too often,

though, education scientists have not produced high quality work.

The February, 2002, issue of the Economist magazine contained an

article on social science research that makes a cogent point relevant to this problem, ‘‘Social scientists, it is widely thought, do not

subject their own hypotheses to any rigorous treatment. Worse,

they peddle their untested hypotheses to governments, and try to

get them turned into policies.’’ (The Economist Newspaper Limited,

London)

However, quality education scientists are a fundamental component to reforming OERI. As the National Research Council has

suggested:

Agencies are effective when their culture supports the

principles of science. To develop such a culture, the agency

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must have an infrastructure that is insulated from political micromanagement, supported by sufficient and sustained resources, and led by staff with top scientific and

management credentials who have the flexibility to make

decisions and are accountable for them. (Scientific Inquiry

in Education, National Academy Press, Washington, DC,

November 2001, Pg. 5)

Thus, changing the structure of the Federal research agency is

not enough. It is the quality of the researchers, evaluators, statisticians and agency leaders who will help make the difference. However, these experts must be given appropriate and powerful tools

and techniques in order to fulfill their promise, and the Academy’s.

The importance of high-quality research cannot be overstated. Florida Secretary of Education, Jim Horne, highlighted the necessity of

valid scientific research conducted at the Federal level this way:

I believe this focus on scientifically-based research may

in fact be among the provisions in the new law, which has

the most lasting and positive impact toward education reform in this nation. And there is no place where this principle needs to be applied with greater diligence than in the

work of the Federal Government’s own education research

endeavors.

The new Academy of Education Sciences includes the elements

necessary to create the culture of science that is so much needed,

especially for the most vulnerable of our students.

TITLE I

ACADEMY OF EDUCATION SCIENCES

The Academy of Education Sciences would replace OERI, including the six existing National Institutes, each of which is responsible for a congressionally mandated topic area.

A fundamental problem of the current structure of OERI has

been the varied and competing tasks that have been assigned to it.

As Maris A. Vinovskis, Professor of History at the University of

Michigan, pointed out, ‘‘Starting in FY 1989, the transfer of many

new, but less research oriented programs to OERI meant that the

overall budget and focus of the agency shifted still further away

from the original concentration on research and development.’’ Further, Christopher Cross testified that ‘‘the 1994 reauthorization

* * * created a disaster. It has led to less communication and coordination, unhealthy competition for very scare resources, excess

overhead expenses, and Balkanization.’’

To address these significant organizational dilemmas, the Committee significantly strengthened and clarified the provision directing the Secretary of Education to assign to the Academy only those

activities that are consistent with the mission and priorities of the

Academy. The Committee believes that it is important that the

Academy not be diverted from its primary duties of conducting high

quality research, collecting education statistics, and undertaking

valid program evaluations.

A Director appointed by the President and confirmed by the Senate will administer the Academy. The Director will serve a six-year

term and propose priorities for the Academy, which would be apVerDate 11-MAY-2000 19:53 Apr 15, 2002 Jkt 099006 PO 00000 Frm 00032 Fmt 6659 Sfmt 6602 E:\HR\OC\HR404.XXX pfrm02 PsN: HR404
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proved by the National Board for Education Sciences. The Director

will appoint the Commissioners of Statistics, Evaluation, and Research, who will lead the three National Education Centers. It is

critical, if a culture of science is to be created in the Academy, that

the Director be selected from among highly qualified authorities in

the fields of scientifically valid research, statistics, or evaluation in

education, be an excellent manager, and demonstrate a capacity for

sustained productivity and leadership.

The Committee intends section 115(f)(6) regarding the Director’s

duty to ensure the relevant protections for research subjects be followed, to include applicable guidelines such as those adopted pursuant to the Federal Policy on Research Misconduct published in

the Federal Register on December 6, 2000, by the Office of Science

and Technology Policy in the Executive Office of the President.

In addition, if the Director conducts the first study listed under

section 115(f)(12), the Committee intends for the Director to consider what would comprise an appropriate uniform standard, building upon prior efforts by the Department and the National Research Council, by which States could report dropout and graduation data, as well as examine longitudinal measurements that follow students from 7th grade through graduation from secondary

school, and support more accurate and consistent measures that

avoid problems such as distinguishing between transfers and dropouts that will allow for meaningful comparisons across schools, districts, and States. Further, if the Director conducts the second

study listed in the same section, the Committee intends that the

Director review not only illegal narcotics, but also illegal drugs in

general, in the context of studying casual factors in student violence, which will provide for a more comprehensive analysis.

Lastly, in order to ensure there is broad and regular public and

professional input from the educational field in the planning and

carrying out of the Academy’s activities, the Director shall solicit

and consider the recommendations of education stakeholders.

NATIONAL BOARD FOR EDUCATION SCIENCES

The Committee has established a Board with policy authority to

consider and approve the priorities of the Academy, based on recommendations from the Director. This fifteen member Board is appointed by the President and confirmed by the Senate. In selecting

Board members, the President is to solicit advice on individuals to

serve on the Board from the National Academy of Sciences, the National Science Foundation, and the Office of Science and Technology Policy. The Committee intends that the advice of these three

institutions be fully considered when Board members are appointed.

The members of the Board are chosen from among individuals

who are educators, parents, business leaders, experts, and scientists in research, statistics, evaluation, or development who are

recognized within their disciplines as highly qualified to represent

such disciplines. It is critical that the leadership of the Board and

the Director set a tone of the highest integrity, and are freed from

undue political influence and partisan bias.

In particular, the Committee has provided an Academy structure

within which the Director is responsible for the day-to-day operations, as well as proposing priorities to the Board. The Board has

34

final approval of such priorities and a general advisory role to the

Director, thereby creating a workable system of checks and balances that permits both an independence of function and coherence

of operation. The Committee has set up a structure within which

scientists can apply the tools of their profession to develop a body

of knowledge that is valid and applicable to education practice, and

adheres to the highest standards of research.

The Committee does not intend for the provision in section 118(a)

requiring the Director, in appointing Commissioners, to consider

individuals recommended by the National Board of Education

Sciences, to apply to Commissioners appointed by the first Director

of the Academy for Education Sciences before the Board is operational.

STANDING COMMITTEES

In current law, there are a number of advisory committees and

councils, the duties of which are specified in law, such as the Advisory Council on Education Statistics. This reauthorization of OERI

gives a new and important flexibility to the National Board for

Education Sciences by providing the authority to establish standing

committees to serve, as needed, to advise, assist, consult with, and

make recommendations to the Director and the Commissioners of

the Academy. Although a majority of the members of the standing

committees must be voting members of the National Board for

Education Sciences, the Committee also allows experts and scientists in research, statistics, evaluation, or development, who are

recognized in their disciplines as highly qualified, to represent such

disciplines on the standing committee. The National Research

Council, in its report, ‘‘Scientific Inquiry in Education,’’ supports

this concept by stating:

An advisory collaborative board of researchers, practitioners, business people, and policy makers (perhaps modeled after the National Science Board) could work in collaboration with an agenda-setting committee. The choice of

peers with excellent scientific credentials and an ability to

think across areas is the key to making this commonly

used mechanism work, and depends critically on an ample

talent pool of peers. (National Academy Press, Washington, DC, November 2001, Pg. 5)

Too often when advisory committees are specified in law they can

become rigid, and often out of touch with the field for which they

are assigned to provide advice. The Committee believes that the

standing committees specified in this bill will keep advice fresh,

allow for changes in those who provide advice, and assist in the development of a culture of science in the Academy.

The Committee has included language, in section 115(g), permitting the Director to establish technical and scientific peer-review

groups and scientific program advisory committees to assist and

advise the Director in carrying out the activities of the Academy.

The Committee encourages the Director to consult with the National Science Foundation and other recognized institutions or organizations in research and science for guidance on establishing a

model peer-review group process and on the selection of exceptionally qualified and capable reviewers.

35

THE OFFICE OF EDUCATIONAL RESOURCES AND DISSEMINATION

Perhaps one of the most important functions of the Academy is

to provide the public with clear, useful, and current information

about the findings of research that are developed under its direction. The current system, established primarily through the Educational Resources Information Center Clearinghouses (ERIC), has

not achieved its mission and has not been effective. According to

Christopher Cross, ‘‘While ERIC has been in existence for decades,

it has no quality screen. Today, ERIC needs not just an overhaul,

but a major reconceptualization.’’ The ERIC system, by any objective standard, is an outdated system incapable of serving the needs

of practioners and policymakers. The purpose and function of this

dissemination function is critical to the successful operation of the

research, statistics and evaluation functions of the Academy.

A report by the U.S. Department of Education based on the ‘‘National Directions in Education Research Planning Conference’’ described the problem with the current system this way:

Educational research has several communication problems: with educators, with its public, and with policymakers. It has not been aggressive and opportunistic, and

has not sold many potential supporters on its real accomplishments, nor upon its growing relevance to the solution

of education’s chronic and emerging problems. It has not

used the media extensively to communicate with its public.

(U.S. Department of Education, National Educational Research Policy and Priorities Board, Washington, DC, November 1998)

The Committee believes that by developing a culture of science

within the Academy, and providing a mechanism to deliver significant findings of research, evaluation, and statistics, the nation’s

need for high quality, valid information will be better served.

The Committee has provided for this function to be carried out

through the Office of Educational Resources and Dissemination,

which is under the Director’s authority, and has focused the dissemination effort, at a minimum, to include academic areas such

as reading, mathematics, and science, for the purposes of closing

the achievement gap, improving student academic achievement, applying technology in the classroom, providing professional development, and administration.

The Committee believes it is especially important to provide this

information in a user-friendly, timely, and efficient manner, including regular use of the Internet with on-line, searchable databases.

In addition, to ensure that information disseminated under this

section is completed in a cost-effective and non-duplicative manner

that is responsive to the needs of customers, the Committee recognizes that activities under this section can be conducted through

competitively awarded contracts. Clearly, if research is to be useful,

it must be widely available to the end user—parents, teachers,

principals, and school administrators.

NATIONAL EDUCATION CENTERS

Within the Academy, there are established three National Education Centers, each managed by a Commissioner appointed by the

36

Director of the Academy. The Commissioners are selected from

among highly qualified individuals who are experts in their field,

to direct the work of the Centers.

NATIONAL CENTER FOR EDUCATION RESEARCH

The purpose of the Research Center is to sponsor sustained research efforts, at least half of it long term, in order to develop an

accumulation of knowledge and understanding of education, particularly to improve student academic achievement and close the

achievement gap between high-performing and low-performing students. The statistics show that a high percentage of minority students are unable to read, or to read with fluency and comprehension, while their non-minority peers are mastering these important

skills needed to further their education or get a good job.

The Committee wishes to clarify that the term ‘‘integration’’ used

in section 131(b)(2) regarding the Research Center’s mission can

mean how research can be integrated with the findings of existing

scientifically valid research and scientifically based research standards (as such terms are defined in the Act), and it can mean, in

the context of applied research (as such term is defined in the Act),

that there should be consideration of how such research can be utilized and translated into practice.

The Committee has made clear that to obtain a base of valid, reliable knowledge, the process of conducting research, evaluation,

and data collection must be based on scientifically valid research

findings discovered through rigorous, careful inquiry over a long

period of time. Dr. E.D. Hirsch, author of The Schools We Need

and Why We Don’t Have Them, emphasizes this point in the following way:

After many years of educational research it is disconcerting and also deeply significant that we have little

dependable research guidance for school policy. We have

useful statistics in the form of test scores that indicate the

achievement level of children, schools, and districts. But

we do not have reliable causal interpretations of these

data that could lead to significant improvement. Richard

Feynman in his comment on ‘‘Cargo Cult Science’’ identifies part of the reason for this—that educational research

dutifully adopts the outward forms of science without attaining to its essence. For Feynman, the essence of good

science is doing whatever is necessary to get to reliable

knowledge. (‘‘Basing Education Policy on Research?’’,

Forthcoming 2002, Pg. 1)

To obtain valid, reliable knowledge, the Commissioner must ensure that research conducted under the supervision of the Center

is consistent with the priorities and mission of the Academy, meets

the procedures for peer review established by the Director, and adheres to the standards of research specified in the bill. The February 28, 2002, issue of the Economist magazine makes a relevant

comparison between medical research and educational research:

Governments require sellers of new medicines to demonstrate the safety and effectiveness of their products. The

accepted ‘‘standard’’ of evidence is a randomized controlled

trial, in which a new drug is compared with the best existVerDate 11-MAY-2000 19:53 Apr 15, 2002 Jkt 099006 PO 00000 Frm 00036 Fmt 6659 Sfmt 6602 E:\HR\OC\HR404.XXX pfrm02 PsN: HR404
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ing therapy (or with a placebo, if no treatment is available)

* * * [which] reduces the risk that wishful thinking or

other potential biases may influence the outcome. Drug

trials must also include enough patients to make it unlikely that chance alone may determine the result. Yet the

medical industry is held to a higher standard of evidence

than that to which governments hold themselves. This is

bad, because, as Carol Fitz-Gibbon, a Campbell Collaboration participant from Durham University, in England,

points out, school education amounts to about 15,000

hours of compulsory treatment. Some 11,000 experimental

studies are known in the social sciences (compared with

over 250,000 in the medical literature). (The Economist

Newspaper Limited, London)

The Committee requires an evaluative summary of research to

determine a base from which further inquiry can be launched. The

Committee also recognizes that the work that is currently being

done under some of the National Research and Development Centers, still needs to be supported, since much of this research is

being conducted over a period of many years and is, in some instances, of excellent quality. However, the Committee makes clear

that competition is a critical element in any contractual agreement

and that flexibility for the Director and the Board to set national

research priorities is essential. In addition, all research conducted

under the Research Center, and their contractors shall follow the

scientifically based standards of research established in the bill.

THE NATIONAL CENTER FOR EDUCATION STATISTICS

The Committee recognizes that the National Center for Education Statistics (NCES) has a long and proud tradition, reaching

back to the middle of the 19th Century. This tradition of quality

data collection must be continued and strengthened. The mission

of the NCES remains consistent with current law, as do most of the

Center’s duties, from statistical data collection to issuing statistical

reports on the progress and condition of education in the United

States.

However, the Committee has given the Director of the Academy

the authority to appoint a Commissioner who has substantial

knowledge of statistical methodologies and activities undertaken by

the Statistics Center. Although this may be regarded by some to

be a significant change to current law, the Committee would point

out that the position of the Director of the National Center for Education Statistics has frequently been vacant, and until recently was

filled by an acting director who was, and is now again, a career

civil servant. Consequently, the effect of this change is intended to

be minimal, and is consistent with the position of the other Center

Commissioners. It is the Committee’s intent that the Statistics

Commissioner be an expert in the field of education statistics and

a capable manager of the Center, who will continue and expand

upon the excellent operation and reputation of NCES.

The Committee is insistent that the standards of data collection

shall remain high, the release of information timely, and the content unbiased and free of political influence. Requirements for uniform statistical information and data on early childhood, elemenVerDate 11-MAY-2000 19:53 Apr 15, 2002 Jkt 099006 PO 00000 Frm 00037 Fmt 6659 Sfmt 6602 E:\HR\OC\HR404.XXX pfrm02 PsN: HR404
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tary, secondary, postsecondary, and adult education are maintained

and clarified. Further, the Committee intends that the Statistics

Commissioner and the Statistics Center, in carrying out its duties,

shall only collect statistical information and data that is related to

and impacts academic achievement and shall not evaluate or assess

personal or family beliefs and attitudes.

Moreover, it is the intent of the Committee that the Statistics

Center continues to administer the National Assessment of Educational Progress as it has done under current law.

The Committee’s intent is to keep the Statistics Center functioning in the same high-quality and consumer-friendly way it has

in the past. Indeed, the Committee’s goal is to ensure the Statistics

Center continues to live up to the words of Dr. Pascal Forgione,

former Director of the National Center for Education Statistics:

NCES has acquired a reputation for trustworthy data

and long-range planning that has enabled it to meet its

mandate. Its activities are driven by the responsibility to

meet the needs of various audiences, among who are

teachers, policymakers, researchers, the media, the general

public, and most certainly legislators. As such, one of its

primary goals is to ensure that the data produced can reliably answer important questions relevant to major decisions of education policy, programs, and practice.

The Committee also encourages the Center on Statistics to assist

States in the collection of data that will measure the progress of

students in advancing from grade six through grade twelve, with

particular attention placed on the transition between eighth and

ninth grade.

THE NATIONAL CENTER FOR EDUCATION EVALUATION

The Committee has established a new Center for Evaluation 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, math, and science; and to support synthesis and dissemination

of the results of such evaluations.

For too long, the evaluation functions at the Department of Education could be characterized as disorganized, conflicted, and inadequate. Christopher Cross characterized the situation this way:

Indeed, within the Federal government—even within the

U.S. Department of Education—there are multiple pockets

* * * of program evaluation (some quite large) that, in all

honesty, are often research masquerading under a different title. If all of these pockets were stitched together,

one would have a large, if unsightly, garment.

The Committee believes the Evaluation Center is an integral and

essential component of the Academy. Too often Federal programs

do not rest on sound scientific evidence when they are established,

and once they are in place very little is done to determine if they

are having the desired impact on improving education practice, or

closing the achievement gap. The Economist quotes Thomas Cook,

a pioneer of controlled experiments in education at Northwestern

39

University in Chicago, who suggests that ‘‘much of the opposition

to experimental evaluation stems from a common philosophical

malaise among social scientists, who doubt the validity of the natural sciences, and therefore reject the potential of knowledge derived from controlled experiments.’’

To be fair, the Committee recognizes that longitudinal, experimental studies of this nature are costly. However, over time they

will produce valuable, and useful information for policy makers at

all levels of government. They will allow for the avoidance of the

widespread adoption of misguided ideas that are not based on

sound science.

GENERAL PROVISIONS

General definitions are provided in this section to clarify the intent of the law. The Committee believes that one of the most significant components of this bill is the definition of ‘‘scientifically

based research standards.’’ This definition sets a high bar for all

activities in the Academy, including research, data collection, and

evaluation. In previous revisions of the law reauthorizing OERI,

there has been a good faith effort to improve the quality of research

developed under the Office. However, there is also general agreement that the products of this thirty-year effort still can be much

improved. The Committee, therefore, has made clear that high

standards are essential, and has taken the further step of defining

‘‘scientifically based research standards’’ in law, in much the same

way that the term ‘‘scientifically based research’’ was defined in the

No Child Left Behind Act of 2001 (NCLBA). The only substantive

difference between the two definitions is that in the case of the

Education Sciences Reform Act, the definition is for the standards

of scientifically based research, which means that this definition

applies to the conduct of research, instead of the outcome of the research. However, the Committee wishes to stress that the use of

scientifically based research standards, as defined in this Act, in

the Academy and in the field will result in products and services

that conform to the scientifically based research definition under

the NCLBA.

The Committee recognizes that unless there is a change in the

culture of science at the Academy, substantive change in the quality of research, evaluation, or data collection is unlikely. The public

is demanding higher standards for public schools, and it is a Federal responsibility to conduct the research needed to inform policy

makers of what works and what doesn’t. We stand at a crossroads,

with a unique opportunity to put aside the fads of the past century,

embrace the findings of valid research on education, and begin the

21st Century determined to base policy and practice on sound

science.

Dr. Reid Lyon, Chief of the Child Development and Behavior

Branch of the National Institute of Child Health and Human Development, a division of the National Institutes of Health, testified

before the Subcommittee on Education Reform in March of 2001

and made the following statement:

This is a time of great opportunity for the Federal and

State governments, local educational agencies, teachers,

and parents to work together toward the common objective

40

of eliminating the reading deficit in America. Through scientific inquiry, we have identified the elements of an optimal reading program. We know how to measure a child’s

progress toward reading with fluency and comprehension.

We know how to assist teachers in acquiring the skills necessary to teach reading effectively. We know how to reach

the most vulnerable children in our nation with the essential skills they need to learn to read. All that remains now

is to apply what we have learned in America’s classrooms.

The Committee recognizes that research in reading surpasses

that of almost every other discipline in education, and that further

inquiry into math, science, and other areas of education is essential

if we are to provide a high quality education for all the citizens of

America. The Committee also recognizes that it is the scientists

who conduct the evaluations, collect and analyze the data, and continue the research inquiry into important education questions that

will ultimately determine whether this reauthorization of the Federal education research effort is successful. Dr. E.D. Hirsh makes

a powerful case for this requirement:

One of the most useful ways to spend money in education would be to induce the best, most disinterested cognitive scientists to synthesize what is dependably known

about learning in a form that can have direct practical application to schools. A conclusion they will surely reach is

one that common sense could have predicted quite apart

from research—that because learning is slow and cumulative, we need to translate our knowledge into policies

that insure year-to-year coherence in the experiences offered to children. (‘‘Basing Education Policy on Research?’’,

Forthcoming 2002, Pg. 16)

PROHIBITIONS

The Committee has established important privacy safeguards in

this bill. No national data base of individually identifiable information shall be established by the Academy, or by any contractor of

the Academy; no curriculum shall be established; nor shall any specific curriculum be endorsed; no Federal testing shall be conducted,

except as authorized by Congress.

The Committee intends that section 183(c) regarding the prohibition on endorsing curriculum does not prohibit the Academy from

identifying and disseminating information about successful or

promising instructional educational practices, to the extent practicable, based upon scientifically valid research and scientifically

based research standards.

The Committee does not intend that section 183(d) regarding the

prohibition on federally sponsored testing to apply to ongoing data

collection efforts, including the adult literacy assessment, the early

childhood longitudinal study, and the national education longitudinal study conducted under the Academy’s predecessor provisions

for OERI, as these are tools to collect data for research purposes

and are not national academic tests per se.

Confidentiality standards are strengthened for all collection,

maintenance, use, and dissemination of data by the Academy, including each office, board, committee, and center of the Academy.

41

Student information is protected and remains confidential under

the Pupil Privacy Act and the Family Educational Rights and Privacy Act. These provisions now apply to the entire Academy, and

not just the National Statistics Center.

SCIENTIFIC OR TECHNICAL EMPLOYEES

As Christopher Cross pointed out, ‘‘One thing that has been lost

over the last 25 years is the ability to bring in distinguished scholars for periods ranging from a few months to two years.’’ To address the general lack of high quality scholars, the Committee has

provided the Director of the Academy with the ability to appoint,

for limited periods of time, scientific or technical employees to carry

out the core functions of the Academy, specifically conducting research. The Director must be able to justify the appointment of

such employees in a clear and convincing fashion. Up to sixty such

highly qualified individuals may be hired for these purposes, but

the Committee urges caution here.

With greater flexibility comes increased responsibility on the

part of the Director of the Academy. Care must be taken to ensure

that individuals brought into the Academy are of the highest quality, and understand the mission of the Academy and the standards

of research, evaluation, and data collection that reflect the field of

science they represent. In addition to these employees there is a

need to strengthen the national capacity to carry out high-quality

research by maintaining a research fellowship program to include

historically black colleges, universities, and other institutions of

higher education with large numbers of minority students, such as

Hispanic serving institutions.

TITLE II

REGIONAL EDUCATIONAL APPLIED RESEARCH AND TECHNICAL

ASSISTANCE

The need for an effective regional applied research and technical

assistance function was stated clearly by Ann L. Bryant, Executive

Director, National Schools Boards Association, who testified on

February 28, 2002, that:

The federal research agenda must be aimed in the

broadest sense toward raising student achievement. There

must be research into instructional methods and strategies

that focus on what works and what does not work. And

equally important, the research must be usable by the

practitioners. Teachers, administrators, and school board

members have different roles within a school district, but

they all need reliable, high-quality information in a format

that works for them.

The current federal delivery system of technical assistance and

applied research is, for the most part, ineffective, unknown, and

disorganized. In many instances, the customers of technical assistance and applied research—States, districts, schools, teachers, and

parents—don’t even know these services are available. In those instances where the customers are aware of these products and services, some have consistently indicated that such assistance has

42

marginal impact and does not have a solid research base, let alone

scientifically based research.

In fact, experts and policymakers have stated that the current

system has uneven quality and performance and is in need of reform. Maris Vinovskis stated that ‘‘* * * the public and policy

makers still have not received the adequate and reliable information needed to ensure that all our children have a real chance of

succeeding in school.’’ Christopher Cross has said, ‘‘One of the problems faced at all levels is that the average consumer of information

simply doesn’t know whom to believe, or what research to trust.’’

Further, in perhaps one of the most critical reviews of the current system, Christopher Cross testified that, ‘‘Currently, the U.S

Department of Education operates a confusing array of technical

assistance arms, ranging from the OERI labs to similar organizations in Title I and in special education. Although some attempts

have been made to merge them, most of these technical assistance

arms still remain; and because of the way they are structured, a

school or district might receive different information about the

same or similar problems from different providers.’’

In addition, the National Directions in Education Research Planning Conference report had this to say:

The most prominent [problem] is that educational research has yet to find a way to relate effectively with the

teachers and other educators or policymakers whom it

serves * * * neither practitioners nor policymakers are

able to judge the significance of any particular research

enterprise or result. Educators need clear straightforward

statements of ‘what the research says’ even as they accept

the responsibility for adapting its implications in the context. Scholarly syntheses appear regularly in the many

subdisciplines of educational research, but they are rarely

drawn together across disciplines or focused on the needs

of the users in policy and practice. (U.S. Department of

Education, National Educational Research Policy and Priorities Board, Washington, DC, November 1998)

However, some have found assistance through existing regional

education laboratories and the comprehensive regional assistance

centers to be helpful and found these institutions to be responsive

to their needs, as Dr. Douglas Christensen, Commissioner, Nebraska Department of Education, testified at the February 28, 2002

hearing.

Indeed, the Department’s own evaluation of the regional education laboratories and the comprehensive regional assistance centers pointed out serious flaws in their service to the customers in

the regions. For example, each regional education laboratory was

cited for not demonstrating the impact of their work on student

outcomes. In addition, a common recurring thread is that customers were not aware of the services, the regional education laboratories or comprehensive regional assistance centers were not responsive to customer concerns and needs, and the regional education laboratories and comprehensive regional assistance centers

did not ensure their products and services were useful, timely or

effective. However, this same evaluation found the products and

43

services requested by customers of the regional education laboratories were frequently utilized.

Further, the Department’s evaluations attempt to paint a general

picture of the centers, but it is clear that some centers are performing better than others, and the poor performers should not

benefit from the strengths of other centers. For example, ‘‘the reviewers found a number of study designs that limited the generalizability of practical applications of the research findings. Often, for

example, a study would examine a number of exemplary sites with

no control groups or contrasting case studies. * * * As one review

panel put it, the center’s research must be conceptualized in ways

that lead to knowledge that will help the improvement of teaching

for all students, not just those fortunate enough to have exemplary

teachers or go to exemplary schools.’’ In addition, ‘‘[There were a]

significant number of places and issues where the center is unwisely not accepting the signals that this work is not amounting

to much.’’ (Interim Evaluation of the Regional Educational Laboratories, U.S. Department of Education, Decision Information Resources, Inc., Washington, DC, December 1999)

Consequently, the Committee undertook a reorganization and reform of the current structure and intends for this Title of the Act

to be a critical component of the Department’s efforts to provide

States, districts, schools, teachers, and parents with high-quality,

timely, and relevant technical assistance and applied research.

The Regional Educational Applied Research and Technical Assistance Act is to be implemented by the Secretary and located in

the Department. Although the Director and the Academy are to be

apprised of the needs of the regions and the Secretary’s contracting

decisions, the authority to oversee regional applied research and

technical assistance lies exclusively with the Secretary.

Ten regions of the nation, as they are defined under current law

(section 941(h) of the Educational Research, Development, Dissemination, and Improvement Act of 1994), are established to serve the

needs of the States, districts and schools in that region for technical assistance and applied research.

A regional advisory committee is established in each region by

the Governor in consultation with the chief State school officer, and

will conduct a needs assessment, develop a 5–year plan to serve the

needs of the States in the region, and submit the plan to the Secretary for approval. To establish the regional advisory committees,

the Secretary is authorized to provide startup grants not to exceed

$150,000 and one-year in duration. The committees will use the

funds to conduct a survey of regional needs, including a process of

open hearings to solicit input and advice from the stakeholders and

customers in the region. The regional advisory committees are to

submit these identified needs to the Secretary, and then remain inactive until the end of the five-year plan, whereupon they will be

reconstituted by the Governors and chief State school officers to develop the next 5-year plan.

The Secretary will award contracts to regional entities on a competitive basis to reflect the needs identified in the survey of regional needs completed by the regional advisory committees. The

Secretary will contract with at least two entities in each region—

one providing technical assistance and the other applied research.

The technical assistance entity is charged with providing States,

44

districts and schools with assistance in administering and implementing programs and activities under the No Child Left Behind

Act. Moreover, the applied research entity will focus on providing

scientifically valid education research on improving academic

achievement and narrowing achievement gaps generally, and, at a

minimum, on teaching and assessment tools in the core academic

areas of reading and math. Importantly, the Committee notes that

the regional applied research entity is to carry out applied research

in those areas where quality applied research does not already

exist in the region (as determined under the regional advisory committee survey of needs).

Entities wishing to serve the needs of the region and enter into

contracts with the Department must submit an application to the

Secretary. To facilitate a transition from the old system to the new,

entities with existing contracts with the Secretary are allowed to

complete them under existing terms and conditions. For example,

the Eisenhower Regional Mathematics and Science Education Consortia, the Regional Technology in Education Consortia, and the

Regional Educational Laboratories would continue their existing

contracts. The Comprehensive Regional Assistance Centers, whose

contracts end in 2002, could be extended for another 2 years.

Before entering into contracts with regional entities, the Secretary must develop specific objectives and measurable indicators

to assess the progress and performance of contractors. Each regional entity that receives a grant from the Secretary will be governed by a board consisting of not more than 20 members, who are

representatives of the region. There will be one regional entity

board in each region that is the sole entity to oversee the activities

of the regional entities receiving contracts from the Secretary. The

regional entity board will guide and direct the regional entities receiving contracts, ensure high quality work, establish standards

and coordinate its activities with other entities in the region, and

ensure the entities undertake activities consistent with the plan

developed by the regional advisory committee for that region. In

addition, the regional entity boards are to ensure the entities give

priority to schools and districts with high percentages or numbers

of low-income students and schools that have been identified for

school improvement under section 1116 of the No Child Left Behind Act.

The Committee has also required the Secretary to solicit public

input, including from Governors, chief State school officers, educators, and parents before entering into a contract under this Act.

In addition, it should be noted that the Committee intends that the

Department, the Academy, or any grant, contract or cooperative

agreement recipient avoid creating products that are duplicative of

high quality, research-based products that already exist in the

marketplace. Finally, to help ensure that regional entities serve the

needs of the regions through high-quality and responsive assistance

and research, the Secretary is to provide for ongoing, independent

evaluations of the regional entities, the results of which are to be

transmitted to Congress and to the Directory of the Academy of

Education Sciences.

The Committee notes that the freely associated States of the Republic of the Marshall Islands, the Federated States of Micronesia,

and the Republic of Palau shall remain eligible for technical assistVerDate 11-MAY-2000 19:53 Apr 15, 2002 Jkt 099006 PO 00000 Frm 00044 Fmt 6659 Sfmt 6602 E:\HR\OC\HR404.XXX pfrm02 PsN: HR404
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ance under Title II of this Act to the extent such technical assistance is provided to the States and local governments of the United

States for which a freely associated State was eligible on October

1, 1999. However, the Committee notes a difference between Hawaii and the other outlying areas and the freely associated States

based upon the compacts that exist in law for the freely associated

States. The Committee intends that the freely associated States be

represented on the regional advisory committee described in section

204 and regional entity boards described in section 206 on a representative basis, taking into consideration their external association with the United States, so that they do not exceed the representation of the outlying areas in the region or of Hawaii.

The Committee believes it has made great progress toward creating a regional technical assistance and applied research system

that answers Ann Bryant’s concerns:

The ESEA contains more than one hundred references to ‘‘scientifically based research.’’ The bar has been raised for

school districts to have programs that meet the detailed

definition of scientifically based research. Many questions

exist as to exactly how many programs and practices meet

this new requirement and how much research exists to

support this requirement, which underscores the need for

adequate funding for high quality educational research

that is disseminated to local practitioners.

TITLE III

THE NATIONAL ASSESSMENT GOVERNING BOARD (NAGB) AND THE

NATIONAL ASSESSMENT OF EDUCATION PROGRESS (NAEP)

The Committee intends that there be no change and has no intention of creating a perception of change in the relationship between the Secretary of Education, the Assistant Secretary for OERI

(the Director under this legislation), and the National Assessment

Governing Board from that described in current law. Also, the

Committee does not intend for there to be any change in the manner in which the Commissioner of Education Statistics administers

NAEP. The Center for Statistics will continue to provide the technical expertise for the collection of sample test data on student

progress in reading, math, science and other subjects as time and

money allow.

The Committee transfers current sections 411 and 412 of the National Education Statistics Act of 1994 (as amended by the No

Child Left Behind Act of 2001), relating to the National Assessment of Educational Progress and the National Assessment Governing Board, to title III of the bill without amendment, except for

editorial changes needed to reflect the terminology and structure

(i.e., the lack of an Advisory Council on Education Statistics) of the

Academy established by title I of the bill. The Committee has done

this to highlight the important role of the National Assessment in

monitoring the academic achievement of all students, which was

fully considered in the recently enacted No Child Left Behind Act.

As stated in section 114(a)(2) of the bill, in establishing the Academy, the Committee does not intend to alter or diminish in any

way the role, responsibilities, or authority of the National Assessment Governing Board with respect to the National Assessment

46

from that authorized by current law, which was also fully considered as part of the No Child Left Behind Act.

CONCLUSION

Flexibility, competition, resources, high standards of research, a

focused agenda, and establishing a culture of science are all ingredients of this new effort to strengthen the Academy of Education

Sciences. The Committee’s vision is to reform OERI and the federal

role in research, statistics, and evaluation from a situation where,

as Dr. Reid Lyon described it:

The investments we have made in research for the last

30 years have been investments that have been realized by

mediocrity, by limited rigor, and by a misunderstanding on

a large part of the research community how in fact to even

do the research we drastically need. It is no wonder that

teachers have no trust in having research guide their practice, because research that is not done well, that is not of

good quality, does not inform and should not be trusted.

Instead, it is the Committee’s view that the new Academy will

help identify and offer solutions to improving academic achievement for all children and closing achievement gaps.

Finally, research has confirmed what Euclid told King

Ptolemy: there is no royal road to learning. Learning is cumulative, and at first it is slow. Knowledge gradually

builds on knowledge; the principle behind intellectual capital is that it takes knowledge to make knowledge. Because

of the cumulative character of learning, the educational

conditions of early life exercise a very powerful influence

on later competencies. Small early deficits tend to become

large deficiencies in later life; conversely, small initial advantages tend to grow into large ones later. (E.D. Hirsch,

the Schools We Need: and Why We Don’t Have Them,

Doubleday, New York, 1996, Pg. 225)

SECTION-BY-SECTION ANALYSIS

TITLE I—EDUCATION SCIENCES REFORM

Section 101—states the short title as the ‘‘Education Sciences Reform Act of 2002.’’ Section 102—contains the table of contents for this title.

Part A—Academy of Education Sciences

Section 111—establishes an Academy of Education Sciences

(Academy) within the Department of Education (Department), to be

administered by a Director and a board of directors, and sets forth

the Academy’s mission.

Section 112—contains the organizational structure of the Academy.

Section 113—sets forth functions of the Academy.

Section 114—sets forth provisions regarding the delegation of authority from the Secretary of Education to the Director of the Academy.

Section 115—sets forth provisions regarding the Office of the Director, including the Director’s appointment, term of service, comVerDate 11-MAY-2000 19:53 Apr 15, 2002 Jkt 099006 PO 00000 Frm 00046 Fmt 6659 Sfmt 6602 E:\HR\OC\HR404.XXX pfrm02 PsN: HR404
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pensation, qualifications, duties, and option to establish technical

and scientific peer-review groups and scientific program advisory

committees that would offer expert guidance and assistance in carrying out this title.

Section 116—contains provisions pertaining to the Academy’s priorities.

Section 117—establishes a board of directors for the Academy to

be known as the National Board for Education Sciences (Board)

and contains provisions regarding its duties, composition, procedures, option to establish standing committees, and obligation to

submit a report on the effectiveness of the Academy in carrying out

its priorities and mission and a report regarding any recommendations that relate to actions that could be taken to enhance the

Academy’s ability to carry out its priorities and mission.

Section 118—sets forth provisions pertaining to the appointment

of Commissioners for the National Education Centers by the Director and sets forth provisions for the Commissioners’ compensation,

qualifications, service, and removal.

Section 119—establishes within the Academy an Office of Educational Resources and Dissemination and sets forth provisions for

its duties, requires the Director to continue the existing awards of

the Educational Resources Information Center Clearinghouses, and

further establishes a National Library of Education within the Office.

Part B—National Center for Education Research

Section 131—establishes within the Academy a National Center

for Education Research (Research Center) and sets forth its mission.

Section 132—states that a Commissioner for Education Research

(Research Commissioner) shall head the Research Center and contains requirements for the Research Commissioner’s qualifications.

Section 133—states the general duties for the Research Commissioner; determines eligibility for recipients of contracts, grants, or

cooperative agreements from the Research Center; sets forth provisions for evaluative summaries of research priorities; and contains

provisions pertaining to national research and development centers.

Section 134—sets forth provisions regarding a biennial report.

Section 135—contains provisions regarding standards for conduct

and the evaluation of research, sets forth provisions pertaining to

the awarding of funds for research, and establishes provisions regarding long-term research.

Part C—National Center for Education Statistics

Section 151—establishes within the Academy a National Center

for Education Statistics (Statistics Center) and sets forth its mission.

Section 152—states that a Commissioner for Education Statistics

(Statistics Commissioner) shall head the Statistics Center and contains requirements for the Statistics Commissioner’s qualifications.

Section 153—states the general duties of the Statistics Center

and contains provisions regarding a training program.

48

Section 154—sets forth provisions for the performance of duties

regarding contracts, grants, and cooperative agreements; and contains provisions pertaining to information gathering.

Section 155—requires the Statistics Commissioner, in consultation with the Director, to establish procedures for the issuance of

reports, and sets forth provisions regarding a report on the condition and progress of education in the United States and statistical

reports.

Section 156—sets forth provisions for the dissemination of information by the Statistics Center.

Section 157—allows the Statistics Center to establish one or

more national cooperative education statistics systems.

Section 158—contains a definition for State.

Part D—National Center for Education Evaluation

Section 171—establishes within the Academy a National Center

for Education Evaluation (Evaluation Center) and sets forth its

mission.

Section 172—states that a Commissioner for Education Evaluation (Evaluation Commissioner) shall head the Evaluation Center,

sets forth provisions regarding the Evaluation Commissioner’s

qualifications and duties, and allows the Director, acting through

the Evaluation Center, to award grants, enter into contracts and

cooperative agreements, and provide technical assistance.

Section 173—contains general duties of the Director, acting

through the Evaluation Commissioner; establishes additional requirements for conducting evaluations; and sets forth provisions regarding the administration of evaluations under Title I of the Elementary and Secondary Education Act of 1965.

Part E—General Provisions

Section 181—contains definitions.

Section 182—requires the Secretary, in consultation with the Director, to ensure that the Department and the Academy use common sources of data in standardized formats.

Section 183—sets forth prohibitions regarding the development of

a national database, the federal government and use of federal

funds, the endorsement of curriculum, and federally sponsored testing.

Section 184—sets forth confidentiality provisions regarding Academy data and student information.

Section 185—states that Academy data shall be made available

to the public.

Section 186—sets forth provisions regarding customer service

and satisfaction.

Section 187—sets forth provisions pertaining to publication, peer

review, and advance copies of information.

Section 188—contains provisions for vacancies.

Section 189—sets forth provisions pertaining to scientific or technical employees.

Section 190—allows for voluntary service to the Academy.

Section 191—establishes fellowships and encourages the participation of minorities and women.

Section 192—sets forth provisions regarding rulemaking.

49

Section 193—contains provisions pertaining to the authorization

of appropriations.

TITLE II—REGIONAL EDUCATIONAL APPLIED RESEARCH AND

TECHNICAL ASSISTANCE

Section 201—states the short title as the ‘‘Regional Assistance

Act of 2002.’’

Section 202—contains the table of contents for this title.

Section 203—sets forth provisions regarding the regional educational applied research and technical assistance entities (regional

entities).

Section 204—establishes regional advisory committees and their

composition, authority and duty to create and submit a plan to the

Secretary and Director that is focused on serving the educational

needs of all States and, to the extent practicable, local educational

needs within their regions.

Section 205—establishes grants to support the activities of the

regional advisory committees, contains provisions regarding the application for the grants, and sets forth provisions regarding subsequent grants.

Section 206—contains provisions pertaining to regional entity

boards.

Section 207—requires the Secretary to seek input before entering

into a contract under this title.

Section 208—allows the Secretary to establish annual priorities

for the regional entities and requires the Secretary to provide for

ongoing independent evaluations of the regional entities receiving

grants, contracts, or cooperative agreements.

Section 209—contains provisions pertaining to the authorization

of appropriations.

Section 210—states that Part E of the Education Sciences Reform Act of 2002 applies to this title, as appropriate, except that

any responsibilities assigned solely to the Director of the Academy

of Education Sciences shall be the responsibility of the Secretary.

TITLE III—NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

Section 301—states the short title as the ‘‘National Assessment

of Educational Progress Authorization Act.’’

Section 304—contains a definition for State.

Section 305—contains provisions pertaining to the authorization

of appropriations.

TITLE IV—AMENDATORY PROVISIONS

Section 401—amends sections 408, 411 and 412 of the National

Education Statistics Act of 1994.

Section 402—makes amendments to the Department of Education Organization Act.

Section 403—repeals provisions of current law.

Section 404—provides conforming and technical amendments to

current law.

Section 405—states that this Act and the amendments made by

this Act shall take effect on October 1, 2002.

50

EXPLANATION OF AMENDMENTS

The Amendment in the Nature of a Substitute is explained in the

body of this report.

APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

Section 102(b)(3) of Public Law 104–1 requires a description of

the application of this bill to the legislative branch. The purpose of

H.R. 3801 is to provide national leadership in expanding fundamental knowledge and understanding of education; to conduct valid

scientific research using standards of research that will result in

findings that can be used by classroom teachers to improve academic achievement for all students; to provide the educators and

the general public with reliable information about the condition

and progress of education in the United States; to evaluate and determine the effectiveness of federal education programs; to establish a culture of scientific inquiry in education research, evaluation

and data collection; and to widely disseminate this information to

the public. The bill does not prevent legislative branch employees

from receiving the benefits of this legislation.

UNFUNDED MANDATE STATEMENT

Section 423 of the Congressional Budget and Impoundment Control Act (as amended by Section 101(a)(2) of the Unfunded Mandates Reform Act, P.L. 104–4) requires a statement of whether the

provisions of the reported bill include unfunded mandates. H.R.

3801 amends programs for research in education. As such, the bill

does not contain any unfunded mandates.

STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF

THE COMMITTEE

In compliance with clause 3(c)(1) of rule XIII and clause (2)(b)(1)

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the

body of this report.

NEW BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE

COST ESTIMATE

With respect to the requirements of clause 3(c)(2) of rule XIII of

the House of Representatives and section 308(a) of the Congressional Budget Act of 1974 and with respect to requirements of

3(c)(3) of rule XIII of the House of Representatives and section 402

of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for H.R. 3801 from the Director

of the Congressional Budget Office:

51

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, April 3, 2002.

Hon. JOHN A. BOEHNER,

Chairman, Committee on Education and the Workforce,

House of Representatives, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3801, the Education

Sciences Reform Act of 2002.

If you wish further details on this estimate, we will be pleased

to provide them. The CBO staff contact is Donna Wong.

Sincerely,

BARRY B. ANDERSON

(For Dan. L. Crippen, Director).

Enclosure.

H.R. 3801—Education Sciences Reform Act of 2002

Summary: H.R. 3801 would restructure and reauthorize programs authorized under the National Education Statistics Act of

1994, and the Educational Research, Development, Dissemination,

and Improvement Act of 1994. These programs currently are authorized through 2002. H.R. 3801 would reorganize and reauthorize

these programs through 2008.

The bill would authorize total appropriations of $701 million in

2003. CBO estimates that total authorizations under H.R. 3801

would amount to about $4.4 billion over the 2003–2008 period, assuming that annual levels are adjusted to keep pace with inflation

when specific annual authorizations are not provided. (Without

such inflation adjustments, total authorizations would be about

$4.2 billion over the 2003–2008 period.) CBO estimates that appropriations of the authorized levels would result in additional outlays

of $3.7 billion over the 2003–2008 period if inflation adjustments

are included (and about $3.5 billion without inflation adjustments).

Enacting the bill would not affect direct spending or receipts;

therefore, pay-as-you-go procedures would not apply. H.R. 3801

contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) and would

impose no costs on state, local, or tribal governments.

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 3801 is shown in Table 1. The costs of this

legislation fall within budget function 500 (education, training, employment, and social services).

TABLE 1.—ESTIMATED BUDGETARY EFFECTS OF H.R. 3801, THE EDUCATION SCIENCES REFORM

ACT OF 2002

By fiscal year, in millions of dollars—

2002 2003 2004 2005 2006 2007 2008

SPENDING SUBJECT TO APPROPRIATION

With Adjustments For Inflation

Spending Under Current Law:

Budget Authority 1 .............................................. 444 0 0 0 0 0 0

Estimated Outlays .............................................. 366 317 89 0 0 0 0

Total Proposed Changes:

Estimated Authorization Level ............................ 0 701 716 730 744 760 775

52

TABLE 1.—ESTIMATED BUDGETARY EFFECTS OF H.R. 3801, THE EDUCATION SCIENCES REFORM

ACT OF 2002—Continued

By fiscal year, in millions of dollars—

2002 2003 2004 2005 2006 2007 2008

Estimated Outlays .............................................. 0 175 564 716 731 745 760

Spending Under H.R. 3801:

Estimated Authorization Level ............................ 444 701 716 730 744 760 775

Estimated Outlays .............................................. 366 492 653 716 731 745 760

Without Adjustments For Inflation

Spending Under Current Law:

Budget Authority 1 .............................................. 444 0 0 0 0 0 0

Estimated Outlays .............................................. 366 317 89 0 0 0 0

Total Proposed Changes:

Estimated Authorization Level ............................ 0 701 701 701 701 701 701

Estimated Outlays .............................................. 0 175 561 701 701 701 701

Spending Under H.R. 3801:

Estimated Authorization Level ............................ 444 701 701 701 701 701 701

Estimated Outlays .............................................. 366 492 650 701 701 701 701

1 The 2002 level is the amount appropriated for that year for programs authorized under the National Education Statistics Act and the Edu- cational Research, Development, Dissemination, and Improvement Act.

Basis of estimate: H.R. 3801 would reorganize and reauthorize

programs created under the National Education Statistics Act and

the Educational Research, Development, Dissemination, and Improvement Act. All programs would be reauthorized at specific levels for 2003 and for such sums as may be necessary for 2004

through 2008.

H.R. 3801 would increase authorized levels by $701 million in

2003 and by an estimated $4.4 billion over the 2003–2008 period

assuming that ‘‘such sums’’ amounts provided after 2003 are adjusted for inflation. If the authorized amounts are appropriated,

outlays would increase relative to current law by $175 million in

the first year and by $3.7 billion over the six-year period. (Without

inflation adjustments, the increased authorizations would result in

outlays of $3.5 billion over the six years.)

Table 2 presents CBO’s estimates with inflation adjustments for

the various components of each title under H.R. 3801. The bill

specifies authorization levels for 2003 and CBO’s estimate of authorization levels for subsequent years reflect inflation adjustments

to the 2003 amounts. The estimated outlays reflect historical rates

of spending for the affected programs.

Title I—Education Sciences Reform

Title I of H.R. 3801 would create an Academy of Education

Sciences to replace the current Office of Education, Research, and

Improvement. The bill would authorize a total of $400 million for

2003 for title I. CBO estimates the total funding for title I for the

2003–2008 period would be $2.5 billion, assuming adjustments for

inflation, with resulting outlays of $2.1 billion over those six years.

Part A—Academy of Education Sciences. The academy would

continue to support and conduct education research and statistics

activities, although the bill is more specific than current law as to

certain characteristics of the activities to be funded. The academy

would oversee the National Education Centers created in Parts B,

C, and D and would be run by a director and overseen by a National Board for Education Sciences. Although more autonomous in

53

structure, the academy would remain part of the Department of

Education.

Part B—National Center for Education Research. This new center would be created to create national leadership in expanding

knowledge and understanding of education—particularly to improve teaching and learning of reading, writing, mathematics,

science and other academic subjects. The center would develop a

research plan and award grants and contracts for research consistent with the plan.

Part C—National Center for Education Statistics. Part C would

reauthorize the National Center for Education Statistics. The center would continue to collect and analyze data and report the information in a relevant and useful way to practitioners, researchers,

policymakers, and the public.

TABLE 2.—DETAILED EFFECTS OF H.R. 3801, THE EDUCATION AND SCIENCES REFORM ACT OF

2002, WITH ADJUSTMENTS FOR INFLATION

By fiscal year, in millions of dollars—

2002 2003 2004 2005 2006 2007 2008

SPENDING SUBJECT TO APPROPRIATION

Spending Under Current Law:

Budget Authority 1 .............................................. 444 0 0 0 0 0 0

Estimated Outlays .............................................. 366 317 89 0 0 0 0

Proposed Changes:

Title I—Education Sciences Reform

Academy of Education Sciences:

Estimated Authorization Level ............................ 0 400 408 416 425 433 442

Estimated Outlays .............................................. 0 100 322 409 417 425 434

Title II—Regional Educational Applied Research and

Technical Assistance

Regional Entities:

Estimated Authorization Level ............................ 0 189 193 197 201 205 209

Estimated Outlays .............................................. 0 47 152 193 197 201 205

Title III—National Assessment of Educational

Progress

National Assessment Governing Board:

Estimated Authorization Level ............................ 0 5 5 5 5 5 5

Estimated Outlays .............................................. 0 1 4 5 5 5 5

National Assessment of Education Progress:

Estimated Authorization Level ............................ 0 108 110 112 114 116 119

Estimated Outlays .............................................. 0 27 87 110 112 114 117

Subtotal, Title III:

Estimated Authorization Level ............................ 0 112 114 117 119 121 124

Estimated Outlays .............................................. 0 28 90 115 117 119 122

Total Proposed Changes:

Estimated Authorization Level ............................ 0 701 716 730 744 760 775

Estimated Outlays .............................................. 0 175 564 716 731 745 760

Spending Under H.R. 3801:

Estimated Authorization Level 1 ......................... 444 701 716 730 744 760 775

Estimated Outlays .............................................. 366 492 653 716 731 745 760

1 The 2002 level is the amount appropriated for that year for programs authorized under the National Education Statistics Act and the Edu- cational Research, Development, Dissemination, and Improvement Act.

Part D—National Center for Education Evaluation. This new

center would coordinate evaluations of federal education programs

administered by the Secretary of Education to determine the effectiveness of the programs, especially on student academic achievement in reading, mathematics, and science. The center would also

administer all contracts associated with evaluations specified in the

54

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

signed into law in January 2002.

Part E—General Provisions. Part E would authorize $400 million

in 2003 for the Academy of Education Sciences and its centers, and

such sums as may be necessary for 2004 through 2008. Funding in

2002 for comparable programs totaled $207 million.

Title II—Regional Educational Applied Research and Technical Assistance

Title II would authorize a total of $189 million for regional entities in 2003 and would authorize such sums as may be necessary

in 2004 through 2008. CBO estimates that implementing this title

would cost $1.0 billion over the 2003–2008 period.

Existing organizations would apply to be a regional entity responsible for providing comprehensive applied research, development, and technical assistance to states, local educational agencies,

and local organizations in at least reading, mathematics, science,

and education technology. The regional entities would identify and

address education needs in specific regions. They would be overseen by the Secretary of Education and governed by a Regional Entity Board. The regional entities would replace the existing regional

educational centers and laboratories, which are funded at $126 million in 2002.

Title III—National Assessment of Educational Progress

Title III would authorize $4.6 million in 2003 for the National

Assessment Governing Board and $107.5 million for National Assessment of Educational Progress (NAEP), and would authorize

such sums as may be necessary in 2004 through 2008 for both programs. Both NAEP and the National Assessment Governing Board

were amended in the No Child Left Behind Act of 2001 but funding

was not reauthorized in the act. Funding for NAEP and the governing board in 2002 is $4.05 million and $107.5 million, respectively.

Repeals. H.R. 3801 would repeal the National Education Statistics Act of 1994, Parts A through E and Parts K through N of the

Educational Research, Development, Dissemination, and Improvement Act of 1994 (Title IX of the Goals 2000: Educate America

Act), and paragraph (2) of section 401(b) of the Department of Education Organization Act.

Pay as you go considerations: None.

Intergovernmental and private-sector impact: H.R. 3801 contains

no intergovernmental or private-sector mandates as defined in

UMRA and would impose no costs on state, local, or tribal governments.

Estimate prepared by: Federal Costs: Donna Wong; Impact on

State, Local, and Tribal Governments: Elyse Goldman; and Impact

on the Private Sector: Nabeel Alsalam.

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis.

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with Clause (3)(c) of House Rule XIII, the goal of

H.R. 3801 is to authorize federal assistance for educational research. The Committee expects the Department of Education to

55

comply with H.R. 3801 and implement the changes to the law in

accordance with the changes.

CONSTITUTIONAL AUTHORITY STATEMENT

Under clause 3(d)(1) of rule XIII of the Rules of the House of

Representatives, the Committee must include a statement citing

the specific powers granted to Congress in the Constitution to

enact the law proposed by H.R. 3801. The Committee believes that

the amendments made by this bill, which authorize appropriations

for educational research, are within Congress’ authority under Article I, section 8, clause 1 of the Constitution.

COMMITTEE ESTIMATE

Clauses 3(d)(2) of rule XIII of the Rules of the House of Representatives requires an estimate and a comparison by the Committee of the costs that would be incurred in carrying out H.R.

3801. However, clause 3(d)(3)(B) of that rule provides that this requirement does not apply when the Committee has included in its

report a timely submitted cost estimate of the bill prepared by the

Director of the Congressional Budget Office under section 402 of

the Congressional Budget Act.

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the

House of Representatives, changes in existing law made by the bill,

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic,

existing law in which no change is proposed is shown in roman):

DEPARTMENT OF EDUCATION ORGANIZATION ACT

SHORT TITLE; TABLE OF CONTENTS

SECTION 1. This Act may be cited as the ‘‘Department of Education Organization Act’’.

TABLE OF CONTENTS

Sec. 1. Short title; table of contents.

* * * * * * *

TITLE II—ESTABLISHMENT OF THE DEPARTMENT

Sec. 201. Establishment.

* * * * * * *

øSec. 208. Office of Educational Research and Improvement.¿

Sec. 208. Academy of Education Sciences.

* * * * * * *

TITLE II—ESTABLISHMENT OF THE DEPARTMENT

* * * * * * *

PRINCIPAL OFFICERS

SEC. 202. (a)***

(b)(1)***

* * * * * * *

56

ø(4) There shall be in the Department an Assistant Secretary for

Educational Research and Improvement who shall be—

ø(A) appointed by the President, by and with the consent of

the Senate; and

ø(B) selected (giving due consideration to recommendations

from the National Educational Research Policy and Priorities

Board) from among individuals who—

ø(i) are distinguished educational researchers or practitioners;

ø(ii) have proven management ability; and

ø(iii) have substantial knowledge of education within the

United States.¿

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

of Education Sciences who shall be appointed in accordance with

section 115(a) of the Education Sciences Reform Act of 2002 and

perform the duties described in that Act.

* * * * * * *

øOFFICE OF EDUCATIONAL RESEARCH AND IMPROVEMENT

øSEC. 208. There shall be in the Department an Office of Educational Research and Improvement, to be administered by the Assistant Secretary for Educational Research and Improvement appointed under section 202(b). The Assistant Secretary shall administer such functions concerning research, development, demonstration, dissemination, evaluation, and assessment activities as the

Secretary shall delegate and such functions as set forth in the Educational Research, Development, Dissemination, and Improvement

Act of 1994.¿

ACADEMY OF EDUCATION SCIENCES

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

Academy of Education Sciences, which shall be administered in accordance with the Education Sciences Reform Act of 2002 by the Director appointed under section 115(a) of that Act.

* * * * * * *

TITLE IV—ADMINISTRATIVE PROVISIONS

PART A—PERSONNEL PROVISIONS

OFFICERS AND EMPLOYEES

SEC. 401. (a)***

(b)(1)***

ø(2) At the request of the Secretary, the Director of the Office of

Personnel Management shall, under section 3104 of title 5, United

States Code, provide for the establishment in the Office created by

section 208 of this Act of a number of scientific, professional, and

technical positions outside of the General Schedule equal to the

number of such positions which were used primarily for the performance of functions and offices transferred under this Act and

57

which were assigned and filled on the day before the effective date

of this Act.¿

* * * * * * *

NATIONAL EDUCATION STATISTICS ACT OF 1994

øTITLE IV—NATIONAL EDUCATION

STATISTICS

øSEC. 401. SHORT TITLE.

øThis title may be cited as the ‘‘National Education Statistics Act

of 1994’’.

øSEC. 402. FINDINGS; PURPOSE; DEFINITIONS.

ø(a) FINDINGS.—The Congress finds that—

ø(1) a Department of Education was established in 1867 ‘‘for

the purpose of collecting such statistics and facts as shall show

the condition and progress of education in the several States

and territories, and of diffusing such information respecting

the organization and management of schools and school systems and methods of teaching as shall aid the people of the

United States in the establishment and maintenance of efficient school systems, and otherwise promote the cause of education throughout the United States’’;

ø(2) today, while the role of the current Department of Education is much broader, the National Center for Education Statistics within the Office of Educational Research and Improvement continues to perform those crucial original purposes; and

ø(3) looking to the 21st century, the National Center for

Education Statistics must be able to design and undertake, effectively and efficiently, statistical activities that will aid in

the reform of the Nation’s educational systems.

ø(b) PURPOSE.—It is the purpose of this title to ensure the continuation of an effective mechanism for collecting and reporting

statistics and information showing the condition and progress of

education in the United States and other nations in order to promote and accelerate the improvement of American education.

ø(c) DEFINITIONS.—For the purpose of this title and unless otherwise specified—

ø(1) the term ‘‘Assistant Secretary’’ means the Assistant Secretary for Educational Research and Improvement established

under section 202(b)(1)(E) of the Department of Education Organization Act;

ø(2) the term ‘‘Department’’ means the Department of Education;

ø(3) the term ‘‘institution of higher education’’ has the same

meaning given such term in section 101 of the Higher Education Act of 1965;

ø(4) the term ‘‘local educational agency’’ has the same meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965;

ø(5) the term ‘‘Secretary’’ means the Secretary of Education;

58

ø(6) the term ‘‘State educational agency’’ has the same meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965; and

ø(7) the terms ‘‘State’’ and ‘‘United States’’—

ø(A) other than for the purpose of section 411, mean

each of the 50 States, the District of Columbia, and the

Commonwealth of Puerto Rico; and

ø(B) for the purpose of section 411, have the same meaning given such terms in subparagraph (A), except that

such terms include Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated

States of Micronesia, and Palau.

øSEC. 403. NATIONAL CENTER FOR EDUCATION STATISTICS.

ø(a) ESTABLISHMENT.—There is established, within the Office of

Educational Research and Improvement established under section

208 of the Department of Education Organization Act, a National

Center for Education Statistics (hereafter in this title referred to

as the ‘‘Center’’).

ø(b) COMMISSIONER AND ASSOCIATE COMMISSIONERS.—

ø(1) COMMISSIONER.—The Center shall be headed by a Commissioner of Education Statistics (hereafter in this title referred to as the ‘‘Commissioner’’) who shall be appointed by the

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

and who shall—

ø(A) have substantial knowledge of programs assisted by

the Center;

ø(B) be paid in accordance with section 5315 of title 5,

United States Code; and

ø(C) serve for a term of four years, with the terms to expire every fourth June 21, beginning in 1995.

ø(2) ASSOCIATE COMMISSIONERS.—The Commissioner may appoint such Associate Commissioners as the Commissioner determines are necessary and appropriate.

øSEC. 404. DUTIES OF THE CENTER.

ø(a) DUTIES.—The duties of the Center are to collect, analyze,

and disseminate statistics and other information related to education in the United States and in other nations, including—

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

State by State basis), and disseminating full and complete statistics on the condition and progress of education, at the preschool, elementary, secondary, and postsecondary levels in the

United States, including data on—

ø(A) State and local education reform activities;

ø(B) student achievement at all levels of education;

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

literacy;

ø(D) educational access to and opportunity for postsecondary education, including data on financial aid to postsecondary students;

ø(E) teaching, including data on course-taking, instruction, the conditions of the education workplace, and the

supply of, and demand for, teachers, which may include

data on the proportions of women and men, cross-tabVerDate 11-MAY-2000 19:53 Apr 15, 2002 Jkt 099006 PO 00000 Frm 00058 Fmt 6659 Sfmt 9001 E:\HR\OC\HR404.XXX pfrm02 PsN: HR404
59

ulated by race or ethnicity, teaching in subjects in which

such individuals have been historically underrepresented;

ø(F) the learning and teaching environment, including

data on libraries;

ø(G) 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;

ø(H) the financing and management of education, including data on revenues and expenditures; and

ø(I) the social and economic status of children;

ø(2) conducting and publishing reports and analyses of the

meaning and significance of such statistics;

ø(3) conducting longitudinal studies, as well as regular and

special surveys and data collections, necessary to report on the

condition and progress of education;

ø(4) collecting, analyzing, cross-tabulating, and reporting, to

the extent feasible, so as to provide information by gender,

race, socioeconomic status, limited-English proficiency, and

other population characteristics when such disaggregated information would facilitate educational and policy

decisionmaking;

ø(5) assisting public and private educational agencies, organizations, and institutions in improving and automating statistical and data collection activities; and

ø(6) acquiring and disseminating data on educational activities and student achievement in the United States compared

with foreign nations.

ø(b) TRAINING PROGRAM.—The Commissioner may establish a

program to train employees of public and private educational agencies, organizations, and institutions in the use of the Center’s

standard statistical procedures and concepts and may establish a

fellows program to appoint such employees as temporary fellows at

the Center in order to assist the Center in carrying out its duties.

øSEC. 405. PERFORMANCE OF DUTIES.

ø(a) GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS.— ø(1) IN GENERAL.—In carrying out the Commissioner’s duties

under this title, the Commissioner may award grants, and

enter into contracts and cooperative agreements.

ø(2) DURATION.—Notwithstanding any other provision of law,

the grants, contracts, and cooperative agreements under this

section may be awarded, on a competitive basis, for a period

of not more than five years, and may be renewed at the discretion of the Commissioner for an additional period of not more

than five years.

ø(b) GATHERING INFORMATION.—

ø(1) SAMPLING.—The Commissioner may use the statistical

method known as sampling to carry out the purpose of this

title.

ø(2) SOURCE OF INFORMATION.—The Commissioner may, as

the Commissioner considers appropriate, use information

collected—

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

private schools, preschools, institutions of higher education, libraries, administrators, teachers, students, the

60

general public, and such other individuals, organizations,

agencies, and institutions as the Commissioner may consider appropriate; and

ø(B) by other offices within the Department

and by other Federal departments, agencies, and

instrumentalities.

ø(3) COLLECTION.—The Commissioner may—

ø(A) enter into interagency agreements for the collection

of statistics;

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

ø(C) assign employees of the Center to any such agency,

organization, or institution to assist in such collection.

ø(4) TECHNICAL ASSISTANCE AND COORDINATION.—In order to

maximize the effectiveness of Federal efforts to serve the educational needs of children and youth, the Commissioner shall—

ø(A) provide technical assistance to Department offices

that gather data for statistical purposes; and

ø(B) coordinate closely with other Department offices in

the collection of data.

øSEC. 406. REPORTS.

ø(a) REPORT ON THE CONDITION AND PROGRESS OF EDUCATION.— The Commissioner shall, not later than June 1, 1995, and each succeeding June 1 thereafter, submit to the President and the Congress a statistical report on the condition and progress of education

in the United States.

ø(b) STATISTICAL REPORTS.—The Commissioner shall issue regular statistical reports to the President and Congress on such education topics as the Commissioner determines to be appropriate.

ø(c) SPECIAL REPORTS.—The Commissioner may, whenever the

Commissioner considers it appropriate, issue special reports on

particular education topics.

øSEC. 407. ADVISORY COUNCIL ON EDUCATION STATISTICS.

ø(a) ESTABLISHMENT.—There is established, within the Center,

the Advisory Council on Education Statistics (hereafter in this title

referred to as the ‘‘Council’’).

ø(b) MEMBERSHIP.—

ø(1) COMPOSITION.—The Council shall be composed of—

ø(A) 18 voting members who are users of education data

and who are appointed by the Secretary on the basis of

their experience and eminence within the field of education, of whom at least—

ø(i) three shall be practicing educators;

ø(ii) three shall be education policymakers;

ø(iii) three shall be professional statisticians;

ø(iv) three shall be education researchers; and

ø(v) three shall be experts in educational measurement;

ø(B) three individuals representing the general public,

appointed by the Secretary;

ø(C) the Director of the Census and the Commissioner of

Labor Statistics, as voting, ex officio members; and

ø(D) the Assistant Secretary and the Commissioner, as

nonvoting, ex officio members.

61

ø(2) PRESIDING OFFICER.—The Commissioner shall appoint

the presiding officer of the Council from among the voting

members of the Council.

ø(3) TERMS.—Members of the Council appointed under paragraph (1)(A) shall be appointed for three-year terms except

that, in the case of initial appointments, the Secretary shall

make appointments for shorter terms to the extent necessary

to avoid the expiration of the terms of more than six members

in the same calendar year.

ø(4) MEETINGS.—(A) The Council shall meet in public session

at the call of the presiding officer, except that the Council shall

meet—

ø(i) at least two times during each calendar year; and

ø(ii) in addition, whenever ten voting members request

in writing that the presiding officer call a meeting.

ø(B) Eleven voting members of the Council shall constitute

a quorum.

ø(5) SPECIAL RULE.—The Council shall— ø(A) review general policies for the operation of the Center and shall advise the Commissioner on standards to ensure that statistics and other information disseminated by

the Center are of high quality and are not subject to partisan political influence; and

ø(B) advise the Commissioner and the National Assessment Governing Board on technical and statistical matters

related to the National Assessment of Educational

Progress.

ø(6) STAFF.—The Council shall appoint a staff of not more

than six individuals with technical expertise to enable the

Council to carry out its duties.¿

[Section 401(a)(6) of the bill strikes the section heading for section 408 of

the National Education Statistics Act of 1994, transfers and redesignates

subsections (a) through (c), as amended below, as subsections (c) through

(e), respectively, of section 184 of the bill.]

SEC. 408. CONFIDENTIALITY.

(a) CONFIDENTIALITY STANDARDS.—

(1) IN GENERAL.—(A) The øCenter¿ Director shall develop

and enforce standards designed to protect the confidentiality of

persons in the collection, reporting, and publication of data

under this title.

(B) This section shall not be construed to protect the confidentiality of information about institutions, organizations,

and agencies that receive grants from, or have contracts or cooperative agreements with, the Federal Government.

(2) PROHIBITION.—No person may—

(A) use any individually identifiable information furnished under this title for any purpose other than a østatistical purpose¿ research, statistics, or evaluation purpose

under this title;

(B) make any publication whereby the data furnished by

any particular person under this title can be identified; or

(C) permit anyone other than the individuals authorized

by the øCommissioner¿ Director to examine the individual

reports.

62

(b) ADMINISTRATION.— ø(1) IN GENERAL.—No department, bureau, agency, officer, or

employee of the Federal Government, except the Commissioner

in carrying out the purposes of this title, shall require, for any

reason, copies of reports that have been filed under this title

with the Center or retained by any individual respondent. Copies of such reports that have been so filed or retained with the

Center or any of the Center’s employees, contractors, or agents

shall be immune from legal process, and shall not, without the

consent of the individual concerned, be admitted as evidence or

used for any purpose in any action, suit, or other judicial or administrative proceeding. This paragraph shall apply only to individually identifiable information (as defined in paragraph

(5)(A)).¿

(1) IN GENERAL.— (A) DISCLOSURE.—No Federal department, bureau, agency, officer, or employee and no recipient of a Federal grant,

contract, or cooperative agreement may, for any reason, require the Director, any Commissioner of a National Education Center, or any other employee of the Academy to disclose individually identifiable information that has been

collected or retained under this title.

(B) IMMUNITY.—Individually identifiable information collected or retained under this title shall be immune from

legal process and shall not, without the consent of the individual concerned, be admitted as evidence or used for any

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

(C) APPLICATION.—This paragraph does not apply to requests for individually identifiable information submitted

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

(2) EMPLOYEE OR STAFF VIOLATIONS.—Whoever, being or having been an employee or staff member of the Department, having taken or subscribed the oath of office, or having sworn to

observe the limitations imposed by subsection ø(a)(2)¿ (c)(2),

knowingly publishes or communicates any individually identifiable information (as defined in paragraph (5)(A)), the disclosure of which is prohibited by subsection ø(a)(2)¿ (c)(2), and

that comes into such employee or staff’s possession by reason

of employment (or otherwise providing services) under this

title, shall be found guilty of a class E felony and imprisoned

for not more than five years, or fined as specified in section

3571 of title 18, United States Code, or both.

(3) TEMPORARY STAFF.—The øCommissioner¿ Director may

utilize temporary staff, including employees of Federal, State,

or local agencies or instrumentalities (including local educational agencies), and employees of private organizations to

assist the øCenter¿ Director in performing the øCenter’s¿ Director’s responsibilities, but only if such temporary staff are

sworn to observe the limitations imposed by this section.

(4) INFORMATION REQUIREMENTS.—No collection of information or data acquisition activity undertaken by the øCenter¿

Director shall be subject to any review, coordination, or approval procedure except as required by the Director of the OfVerDate 11-MAY-2000 19:53 Apr 15, 2002 Jkt 099006 PO 00000 Frm 00062 Fmt 6659 Sfmt 9001 E:\HR\OC\HR404.XXX pfrm02 PsN: HR404
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fice of Management and Budget under the rules and regulations established pursuant to chapter 35 of title 44, United

States Code, except such collection of information or data acquisition activity may be subject to review or coordination if

the øCommissioner¿ Director determines that such review or

coordination is beneficial.

(5) DEFINITIONS.—For the purposes of this section—

(A) the term ‘‘individually identifiable information’’

means any record, response form, completed survey, or aggregation thereof from which information about particular

individuals may be revealed; and

(B) the term ‘‘report’’ means a response provided by or

about an individual to an inquiry from the øCenter¿ Director and does not include a statistical aggregation from

which individually identifiable information cannot be revealed.

(6) VIOLATIONS.—Any person who uses any data provided by

the øCenter¿, Director in conjunction with any other information or technique, to identify any individual student, teacher,

administrator, or other individual and who knowingly discloses, publishes, or uses such data for a purpose other than

a statistical purpose, or who otherwise violates subparagraph

(A) or (B) of subsection ø(a)(2)¿ (c)(2), shall be found guilty of

a class E felony and imprisoned for not more than five years,

or fined as specified in section 3571 of title 18, United States

Code, or both.

(7) ACCESS TO REPORTS OR RECORDS.—Nothing in this section

shall restrict the right of the Secretary, the Comptroller General of the United States, the Director of the Congressional

Budget Office, and the Librarian of Congress, to gain access to

any reports or other records, including information identifying

individuals, in the øCenter’s¿ Director’s possession, except that

the same restrictions on disclosure that apply under paragraphs (1) and (6) shall apply to such individuals.

(c) INVESTIGATION AND PROSECUTION OF TERRORISM.—

(1) IN GENERAL.—Notwithstanding subsections (a) and (b),

the Attorney General (or any Federal officer or employee, in a

position not lower than an Assistant Attorney General, designated by the Attorney General) may submit a written application to a court of competent jurisdiction for an ex parte order

requiring the Secretary to permit the Attorney General (or his

designee) to—

(A) collect reports, records, and information (including

individually identifiable information) in the possession of

the øcenter¿ Director that are relevant to an authorized investigation or prosecution of an offense listed in section

2332b(g)(5)(B) of title 18, United States Code, or an act of

domestic or international terrorism as defined in section

2331 of that title; and

(B) for official purposes related to the investigation or

prosecution of an offense described in paragraph (1)(A), retain, disseminate, and use (including as evidence at trial

or in other administrative or judicial proceedings) such information, consistent with such guidelines as the Attorney

64

General, after consultation with the Secretary, shall issue

to protect confidentiality.

(2) APPLICATION AND APPROVAL.— (A) IN GENERAL.—An application under paragraph (1)

shall certify that there are specific and articulable facts

giving reason to believe that the information sought is described in paragraph (1)(A).

(B) The court shall issue an order described in paragraph (1) if the court finds that the application for the

order includes the certification described in subparagraph

(A).

(3) PROTECTION.—An officer or employee of the Department who, in good faith, produces information in accordance with an order issued under this subsection does not

violate subsection (b)(2) and shall not be liable to any person for that production.

øSEC. 409. DISSEMINATION.

ø(a) GENERAL REQUESTS.— ø(1) IN GENERAL.—The Center may furnish transcripts or

copies of tables and other statistical records and make special

statistical compilations and surveys for State and local officials, public and private organizations, and individuals.

ø(2) COMPILATIONS.—The Center shall provide State and

local educational agencies opportunities to suggest the development of particular compilations of statistics, surveys, and analyses that would assist those educational agencies.

ø(b) CONGRESSIONAL REQUESTS.—The Center shall furnish such

special statistical compilations and surveys as the Congress may

request.

ø(c) JOINT STATISTICAL PROJECTS.—The Secretary may engage in

joint statistical projects related to the purposes of this title, 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.

ø(d) FEES.— ø(1) IN GENERAL.—Statistical compilations and surveys

under this section, other than those carried out pursuant to

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

of the actual or estimated cost of such work.

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

work or services described in this subsection may be used to

pay directly the costs of such work or services, to repay appropriations that initially bore all or part of such costs, or to refund excess sums when necessary.

ø(e) ACCESS.—

ø(1) OTHER AGENCIES.—The Center shall, consistent with

section 408, cooperate with other Federal agencies having a

need for educational data in providing access to educational

data received by the Center.

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

with such terms and conditions as the Secretary may prescribe,

provide all interested parties, including public and private

agencies and individuals, direct access to data collected by the

Center for the purposes of research and acquiring statistical

information.

65

øSEC. 410. COOPERATIVE EDUCATION STATISTICS SYSTEMS.

ø(a) IN GENERAL.—The Commissioner may establish one 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 elementary and

secondary education, postsecondary education, and libraries, that

are useful for policymaking at the Federal, State, and local levels.

In carrying out this section, the Commissioner may provide technical assistance, and make grants and enter into contracts

andcooperative agreements.

ø(b) MODEL DATA SYSTEM.—The Commissioner, working through

the cooperative education statistics system, shall study, design, and

pilot a model data system that will yield information about spending for administration at the school and local education agency levels.¿

[Section 401(d)(11) of the bill transfers and redesignates section 411 of the

National Education Statistics Act of 1994, as amended below, as section

303 of the bill.]

SEC. 411. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.

(a) ESTABLISHMENT.—The øCommissioner¿ Commissioner for

Education Statistics shall, with the advice of the øNational Assessment Governing Board¿ Assessment Board established under section ø412, and with the technical assistance of the Advisory Council established under section 407,¿ 302, carry out, through grants,

contracts, or cooperative agreements with one or more qualified organizations, or consortia thereof, a National Assessment of Educational Progress, which collectively refers to a national assessment, State assessments, and a long-term trend assessment in

reading and mathematics.

(b) PURPOSE; STATE ASSESSMENTS.— (1) PURPOSE.—The purpose of this section is to provide, in a

timely manner, a fair and accurate measurement of student

academic achievement and reporting of trends in such achievement in reading, mathematics, and other subject matter as

specified in this section.

(2) MEASUREMENT AND REPORTING.—The øCommissioner¿

Commissioner for Education Statistics, in carrying out the

measurement and reporting described in paragraph (1), shall—

(A) use a random sampling process which is consistent

with relevant, widely accepted professional assessment

standards and that produces data that are representative

on a national and regional basis;

(B) conduct a national assessment and collect and report

assessment data, including achievement data trends, in a

valid and reliable manner on student academic achievement in public and private elementary schools and secondary schools at least once every 2 years, in grades 4 and

8 in reading and mathematics;

(C) conduct a national assessment and collect and report

assessment data, including achievement data trends, in a

valid and reliable manner on student academic achievement in public and private schools in reading and mathematics in grade 12 in regularly scheduled intervals, but at

least as often as such assessments were conducted prior to

66

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

2001;

(D) to the extent time and resources allow, and after the

requirements described in subparagraph (B) are implemented and the requirements described in subparagraph

(C) are met, conduct additional national assessments and

collect and report assessment data, including achievement

data trends, in a valid and reliable manner on student academic achievement in grades 4, 8, and 12 in public and

private elementary schools and secondary schools in regularly scheduled intervals in additional subject matter, including writing, science, history, geography, civics, economics, foreign languages, and arts, and the trend assessment

described in subparagraph (F);

(E) conduct the reading and mathematics assessments

described in subparagraph (B) in the same year, and every

other year thereafter, to provide for 1 year in which no

such assessments are conducted in between each administration of such assessments;

(F) continue to conduct the trend assessment of academic achievement at ages 9, 13, and 17 for the purpose

of maintaining data on long-term trends in reading and

mathematics;

(G) include information on special groups, including,

whenever feasible, information collected, cross tabulated,

compared, and reported by race, ethnicity, socioeconomic

status, gender, disability and limited English proficiency;

and

(H) ensure that achievement data are made available on

a timely basis following official reporting, in a manner that

facilitates further analysis and that includes trend lines.

(3) STATE ASSESSMENTS.—

(A) IN GENERAL.—The øCommissioner¿ Commissioner

for Education Statistics—

(i) shall conduct biennial State academic assessments of student achievement in reading and mathematics in grades 4 and 8 as described in paragraphs

ø(1)(B) and (1)(E)¿ (2)(B) and (2)(E);

(ii) may conduct the State academic assessments of

student achievement in reading and mathematics in

grade 12 as described in paragraph ø(1)(C)¿ (2)(C);

(iii) may conduct State academic assessments of student achievement in grades 4, 8, and 12 as described

in paragraph ø(1)(D)¿ (2)(D); and

(iv) shall conduct each such State assessment, in

each subject area and at each grade level, on a developmental basis until the øCommissioner¿ Commissioner for Education Statistics determines, as the result of an evaluation required by subsection (f), that

such assessment produces high quality data that are

valid and reliable.

(B) AGREEMENT.— (i) IN GENERAL.—States participating in State assessments shall enter into an agreement with the Secretary pursuant to subsection (d)(3).

67

(ii) CONTENT.—Such agreement shall contain information sufficient to give States full information about

the process for decision-making (which shall include

the consensus process used), on objectives to be tested,

and the standards for random sampling, test administration, test security, data collection, validation, and

reporting.

(C) REVIEW AND RELEASE.— (i) IN GENERAL.—Except as provided in clause (ii), a

participating State shall review and give permission

for the release of results from any test of its students

administered as a part of a State assessment prior to

the release of such data. Refusal by a State to release

its data shall not restrict the release of data from

other States that have approved the release of such

data.

(ii) SPECIAL RULE.—A State participating in the biennial academic assessments of student achievement

in reading and mathematics in grades 4 and 8 shall be

deemed to have given its permission to release its data

if the State has an approved plan under section 1111

of the Elementary and Secondary Education Act of

1965.

(4) PROHIBITED ACTIVITIES.— (A) IN GENERAL.—The use of assessment items and data

on any assessment authorized under this section by an

agent or agents of the Federal Government to rank, compare, or otherwise evaluate individual students or teachers, or to provide rewards or sanctions for individual students, teachers, schools or local educational agencies is

prohibited.

(B) SPECIAL RULE.—Any assessment authorized under

this section shall not be used by an agent or agents of the

Federal Government to establish, require, or influence the

standards, assessments, curriculum, including lesson

plans, textbooks, or classroom materials, or instructional

practices of States or local educational agencies.

(C) APPLICABILITY TO STUDENT EDUCATIONAL DECI- SIONS.—Nothing in this section shall be construed to prescribe the use of any assessment authorized under this

section for student promotion or graduation purposes.

(D) APPLICABILITY TO HOME SCHOOLS.—Nothing in this

section shall be construed to affect home schools, whether

or not a home school is treated as a home school or a private school under State law, nor shall any home schooled

student be required to participate in any assessment referenced or authorized under this section.

(5) REQUIREMENT.—In carrying out any assessment authorized under this section, the øCommissioner¿ Commissioner for

Education Statistics, in a manner consistent with subsection

ø(c)(2)¿ (c)(3), shall—

(A) use widely accepted professional testing standards,

objectively measure academic achievement, knowledge,

and skills, and ensure that any academic assessment authorized under this section be tests that do not evaluate or

68

assess personal or family beliefs and attitudes or publicly

disclose personally identifiable information;

(B) only collect information that is directly related to the

appraisal of academic achievement, and to the fair and accurate presentation of such information; and

(C) collect information on race, ethnicity, socioeconomic

status, disability, limited English proficiency, and gender.

(6) TECHNICAL ASSISTANCE.—In carrying out any assessment

authorized under this section, the øCommissioner¿ Commissioner for Education Statistics may provide technical assistance

to States, localities, and other parties.

(c) ACCESS.— (1) PUBLIC ACCESS.— (A) IN GENERAL.—Except as provided in paragraph (3),

parents and members of the public shall have access to all

assessment data, questions, and complete and current assessment instruments of any assessment authorized under

this section. The local educational agency shall make reasonable efforts to inform parents and members of the public about the access required under this paragraph.

(B) TIMELINE.—The access described in this paragraph

shall be provided within 45 days of the date the request

was made, in writing, and be made available in a secure

setting that is convenient to both parties.

(C) PROHIBITION.—To protect the integrity of the assessment, no copy of the assessment items or assessment instruments shall be duplicated or taken from the secure setting.

(2) COMPLAINTS.— (A) IN GENERAL.—Parents and members of the public

may submit written complaints to the øNational Assessment Governing Board¿ Assessment Board. (B) FORWARDING OF COMPLAINTS.—The øNational Assessment Governing Board¿ Assessment Board shall forward such complaints to the øCommissioner¿ Commissioner for Education Statistics, the Secretary of Education,

and the State and local educational agency from within

which the complaint originated within 30 days of receipt

of such complaint.

(C) REVIEW.—The øNational Assessment Governing

Board¿ Assessment Board, in consultation with the øCommissioner¿ Commissioner for Education Statistics, shall review such complaint and determine whether revisions are

necessary and appropriate. As determined by such review,

the Board shall revise, as necessary and appropriate, the

procedures or assessment items that have generated the

complaint and respond to the individual submitting the

complaint, with a copy of such response provided to the

Secretary, describing any action taken, not later than 30

days after so acting.

(D) REPORT.—The Secretary shall submit a summary report of all complaints received pursuant to subparagraph

(A) and responses by the øNational Assessment Governing

Board¿ Assessment Board pursuant to subparagraph ø(B)¿

(C) to the Chairman of the House Committee on Education

69

and the Workforce, and the Chairman of the Senate Committee on Health, Education, Labor, and Pensions.

(E) COGNITIVE QUESTIONS.—

(i) IN GENERAL.—The øCommissioner¿ Commissioner

for Education Statistics may decline to make available

through public means, such as posting on the Internet,

distribution to the media, distribution through public

agencies, or in response to a request under section 552

of title 5, United States Code, for a period, not to exceed 10 years after initial use, cognitive questions that

the øCommissioner¿ Commissioner for Education Statistics intends to reuse in the future.

(ii) EXTENSION.—Notwithstanding clause (i), the

øCommissioner¿ Commissioner for Education Statistics may decline to make cognitive questions available

as described in clause (i) for a period longer than 10

years if the øCommissioner¿ Commissioner for Education Statistics determines such additional period is

necessary to protect the security and integrity of longterm trend data.

(3) PERSONALLY IDENTIFIABLE INFORMATION.—

(A) IN GENERAL.—The øCommissioner¿ Commissioner

for Education Statistics shall ensure that all personally

identifiable information about students, their academic

achievement, and their families, and that information with

respect to individual schools, remains confidential, in accordance with section 552a of title 5, United States Code.

(B) PROHIBITION.—The øNational Board¿ Assessment

Board, the øCommissioner¿ Commissioner for Education

Statistics, and any contractor or subcontractor shall not

maintain any system of records containing a student’s

name, birth information, Social Security number, or parents’ name or names, or any other personally identifiable

information.

(4) PENALTIES.—Any unauthorized person who knowingly

discloses, publishes, or uses assessment questions, or complete

and current assessment instruments of any assessment authorized under this section may be fined as specified in section

3571 of title 18, United States Code or charged with a class E

felony.

(d) PARTICIPATION.—

(1) VOLUNTARY PARTICIPATION.—Participation in any assessment authorized under this section shall be voluntary for students, schools, and local educational agencies.

(2) STUDENT PARTICIPATION.—Parents of children selected to

participate in any assessment authorized under this section

shall be informed before the administration of any authorized

assessment, that their child may be excused from participation

for any reason, is not required to finish any authorized assessment, and is not required to answer any test question.

(3) STATE PARTICIPATION.—

(A) VOLUNTARY.—Participation in assessments authorized under this section, other than reading and mathematics in grades 4 and 8, shall be voluntary.

70

(B) AGREEMENT.—For reading and mathematics assessments in grades 4 and 8, the Secretary shall enter into an

agreement with any State carrying out an assessment for

the State under this section. Each such agreement shall

contain provisions designed to ensure that the State will

participate in the assessment.

(4) REVIEW.—Representatives of State educational agencies

and local educational agencies or the chief State school officer

shall have the right to review any assessment item or procedure of any authorized assessment upon request in a manner

consistent with subsection (c), except the review described in

subparagraph (2)(C) of subsection (c) shall take place in consultation with the representatives described in this paragraph.

(e) STUDENT ACHIEVEMENT LEVELS.—

(1) ACHIEVEMENT LEVELS.—The øNational Assessment Governing Board¿ Assessment Board shall develop appropriate student achievement levels for each grade or age in each subject

area to be tested under assessments authorized under this section, except the trend assessment described in subsection

(b)(2)(F).

(2) DETERMINATION OF LEVELS.—

(A) IN GENERAL.—Such levels shall—

(i) be determined by—

(I) identifying the knowledge that can be measured and verified objectively using widely accepted

professional assessment standards; and

(II) developing achievement levels that are consistent with relevant widely accepted professional

assessment standards and based on the appropriate level of subject matter knowledge for grade

levels to be assessed, or the age of the students,

as the case may be.

(B) NATIONAL CONSENSUS APPROACH.—After the determinations described in subparagraph (A), devising a national consensus approach.

(C) TRIAL BASIS.—The achievement levels shall be used

on a trial basis until the øCommissioner¿ Commissioner

for Education Statistics determines, as a result of an evaluation under subsection (f), that such levels are reasonable, valid, and informative to the public.

(D) STATUS.—The øCommissioner¿ Commissioner for

Education Statistics and the Board shall ensure that reports using such levels on a trial basis do so in a manner

that makes clear the status of such levels.

(E) UPDATES.—Such levels shall be updated as appropriate by the øNational Assessment Governing Board¿ Assessment Board in consultation with the øCommissioner¿

Commissioner for Education Statistics.

(3) REPORTING.—After determining that such levels are reasonable, valid, and informative to the public, as the result of

an evaluation under subsection (f), the øCommissioner¿ Commissioner for Education Statistics shall use such levels or other

methods or indicators for reporting results of the National Assessment and State assessments.

71

(4) REVIEW.—The øNational Assessment Governing Board¿

Assessment Board shall provide for a review of any trial student achievement levels under development by representatives

of State educational agencies or the chief State school officer

in a manner consistent with subsection (c), except the review

described in øsubparagraph (2)(C)¿ paragraph (2)(C) of such

subsection shall take place in consultation with the representatives described in this paragraph.

(f) REVIEW OF NATIONAL AND STATE ASSESSMENTS.— (1) REVIEW.— (A) IN GENERAL.—The Secretary shall provide for continuing review of any assessment authorized under this

section, and student achievement levels, by one or more

professional assessment evaluation organizations.

(B) ISSUES ADDRESSED.—Such continuing review shall

address—

(i) whether any authorized assessment is properly

administered, produces high quality data that are

valid and reliable, is consistent with relevant widely

accepted professional assessment standards, and produces data on student achievement that are not otherwise available to the State (other than data comparing

participating States to each other and the Nation);

(ii) whether student achievement levels are reasonable, valid, reliable, and informative to the public;– (iii) whether any authorized assessment is being administered as a random sample and is reporting the

trends in academic achievement in a valid and reliable

manner in the subject areas being assessed;

(iv) whether any of the test questions are biased, as

described in section ø412(e)(4)¿ 302(e)(4); and

(v) whether the appropriate authorized assessments

are measuring, consistent with this section, reading

ability and mathematical knowledge.

(2) REPORT.—The Secretary shall report to the Committee on

Education and the Workforce of the House of Representatives

and the Committee on Health, Education, Labor, and Pensions

of the Senate, the President, and the Nation on the findings

and recommendations of such reviews.

(3) USE OF FINDINGS AND RECOMMENDATIONS.—The øCommissioner¿ Commissioner for Education Statistics and the øNational Assessment Governing Board¿ Assessment Board shall

consider the findings and recommendations of such reviews in

designing the competition to select the organization, or organizations, through which the øCommissioner¿ Commissioner for

Education Statistics carries out the National Assessment.

(g) COVERAGE AGREEMENTS.—

(1) DEPARTMENT OF DEFENSE SCHOOLS.—The Secretary and

the Secretary of Defense may enter into an agreement, including such terms as are mutually satisfactory, to include in the

National Assessment elementary schools and secondary schools

operated by the Department of Defense.

(2) BUREAU OF INDIAN AFFAIRS SCHOOLS.—The Secretary and

the Secretary of the Interior may enter into an agreement, including such terms as are mutually satisfactory, to include in

72

the National Assessment schools for Indian children operated

or supported by the Bureau of Indian Affairs.

[Section 401(c)(12) of the bill transfers and redesignates section 412 of the

National Education Statistics Act of 1994, as amended below, as section

302 of the bill.]

SEC. 412. NATIONAL ASSESSMENT GOVERNING BOARD.

(a) ESTABLISHMENT.—There is established the National Assessment Governing Board (hereafter in this title øreferred to as the

‘‘Board’’¿ referred to as the ‘‘Assessment Board’’), which shall formulate policy guidelines for the National Assessment (carried out

under section 303).

(b) MEMBERSHIP.—

(1) APPOINTMENT AND COMPOSITION.—The Assessment Board

shall be appointed by the Secretary and be composed as follows:

(A) Two Governors, or former Governors, who shall not

be members of the same political party.

(B) Two State legislators, who shall not be members of

the same political party.

(C) Two chief State school officers.

(D) One superintendent of a local educational agency.

(E) One member of a State board of education.

(F) One member of a local board of education.

(G) Three classroom teachers representing the grade levels at which the National Assessment is conducted.

(H) One representative of business or industry.

(I) Two curriculum specialists.

(J) Three testing and measurement experts, who shall

have training and experience in the field of testing and

measurement.

(K) One nonpublic school administrator or policymaker.

(L) Two school principals, of whom one shall be an elementary school principal and one shall be a secondary

school principal.

(M) Two parents who are not employed by a local, State

or Federal educational agency.

(N) Two additional members who are representatives of

the general public, and who may be parents, but who are

not employed by a local, State, or Federal educational

agency.

(2) øASSISTANT SECRETARY FOR EDUCATIONAL RESEARCH¿ DIRECTOR OF THE ACADEMY OF EDUCATION SCIENCES.—The øAssistant Secretary for Educational Research and Improvement¿

Director of the Academy of Education Sciences shall serve as an

ex officio, nonvoting member of the Assessment Board.

(3) BALANCE AND DIVERSITY.—The Secretary and the Assessment Board shall ensure at all times that the membership of

the Assessment Board reflects regional, racial, gender, and cultural balance and diversity and that the Assessment Board exercises its independent judgment, free from inappropriate influences and special interests.

(c) TERMS.—

73

(1) IN GENERAL.—Terms of service of members of the Assessment Board shall be staggered and may not exceed a period of

4 years, as determined by the Secretary.

(2) SERVICE LIMITATION.—Members of the Assessment Board

may serve not more than two terms.

(3) CHANGE OF STATUS.—A member of the Assessment Board

who changes status under subsection (b) during the term of the

appointment of the member may continue to serve as a member until the expiration of such term.

(4) CONFORMING PROVISION.—Members of the Assessment

Board previously granted 3 year terms, whose terms are in effect on the date of enactment of the Department of Education

Appropriations Act, 2001, shall have their terms extended by

1 year.

(d) VACANCIES.— (1) IN GENERAL.— (A) ORGANIZATIONS.—The Secretary shall appoint new

members to fill vacancies on the Assessment Board from

among individuals who are nominated by organizations

representing the type of individuals described in subsection (b)(1) with respect to which the vacancy exists.

(B) NOMINATIONS.—Each organization submitting nominations to the Secretary with respect to a particular vacancy shall nominate for such vacancy six individuals who

are qualified by experience or training to fill the particular

Assessment Board vacancy.

(C) MAINTENANCE OF BOARD.—The Secretary’s appointments shall maintain the composition, diversity, and balance of the Assessment Board required under subsection

(b).

(2) ADDITIONAL NOMINATIONS.—The Secretary may request

that each organization described in paragraph (1)(A) submit

additional nominations if the Secretary determines that none

of the individuals nominated by such organization have appropriate knowledge or expertise.

(e) DUTIES.— (1) IN GENERAL.—In carrying out its functions under this section the Assessment Board shall— (A) select the subject areas to be assessed (consistent

with section ø411(b)¿ 303(b));

(B) develop appropriate student achievement levels as

provided in section ø411(e)¿ 303(e);

(C) develop assessment objectives consistent with the requirements of this section and test specifications that

produce an assessment that is valid and reliable, and are

based on relevant widely accepted professional standards;

(D) develop a process for review of the assessment which

includes the active participation of teachers, curriculum

specialists, local school administrators, parents, and concerned members of the public;

(E) design the methodology of the assessment to ensure

that assessment items are valid and reliable, in consultation with appropriate technical experts in measurement

and assessment, content and subject matter, sampling, and

other technical experts who engage in large scale surveysø,

74

including the Advisory Council established under section

407¿;

(F) consistent with section ø411¿ 303, measure student

academic achievement in grades 4, 8, and 12 in the authorized academic subjects;

(G) develop guidelines for reporting and disseminating

results;

(H) develop standards and procedures for regional and

national comparisons; and

(I) take appropriate actions needed to improve the form,

content, use, and reporting of results of any assessment

authorized by section ø411¿ 303 consistent with the provisions of this section and section 411.

(2) DELEGATION.—The Assessment Board may delegate any of

the Board’s procedural and administrative functions to its

staff.

(3) ALL COGNITIVE AND NONCOGNITIVE ASSESSMENT ITEMS.— The Assessment Board shall have final authority on the appropriateness of all assessment items.

(4) PROHIBITION AGAINST BIAS.—The Assessment Board shall

take steps to ensure that all items selected for use in the National Assessment are free from racial, cultural, gender, or regional bias and are secular, neutral, and non-ideological.

(5) TECHNICAL.—In carrying out the duties required by paragraph (1), the Assessment Board may seek technical advice, as

appropriate, from the øCommissioner and the Advisory Council

on Education Statistics¿ Commissioner for Education Statistics

and other experts.

(6) REPORT.—Not later than 90 days after an evaluation of

the student achievement levels under section ø411(e)¿ 303(e), the Assessment Board shall make a report to the Secretary, the

Committee on Education and the Workforce of the House of

Representatives, and the Committee on Health, Education,

Labor, and Pensions of the Senate describing the steps the Assessment Board is taking to respond to each of the recommendations contained in such evaluation.

(f) PERSONNEL.— (1) IN GENERAL.—In the exercise of its responsibilities, the

Assessment Board shall be independent of the Secretary and

the other offices and officers of the Department.

(2) STAFF.—

(A) IN GENERAL.—The Secretary may appoint, at the request of the Assessment Board, such staff as will enable

the Assessment Board to carry out its responsibilities.

(B) TECHNICAL EMPLOYEES.—Such appointments may include, for terms not to exceed 3 years and without regard

to the provisions of title 5, United States Code, governing

appointments in the competitive service, not more than six

technical employees who may be paid 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.

(g) COORDINATION.—The øCommissioner¿ Commissioner for Education Statistics and the Assessment Board shall meet

periodically—

75

(1) to ensure coordination of their duties and activities relating to the National Assessment; and

(2) for the øCommissioner¿ Commissioner for Education Statistics to report to the Assessment Board on the Department’s

actions to implement the decisions of the Assessment Board.

(h) ADMINISTRATION.—The Federal Advisory Committee Act (5

U.S.C. App.) shall not apply with respect to the Assessment Board,

other than sections 10, 11, and 12 of such Act.

øSEC. 413. AUTHORIZATION OF APPROPRIATIONS.

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

$65,000,000 for fiscal year 1995 and such sums as may be necessary for each of the four succeeding fiscal years to carry out this

title (other than sections 411 and 412).

ø(b) NATIONAL ASSESSMENT.—There are authorized to be appropriated $35,000,000 for fiscal year 1995 and such sums as may be

necessary for each of the fiscal years 1996 and 1997 to carry out

section 411.

ø(c) GOVERNING BOARD.—There are authorized to be appropriated $3,000,000 for fiscal year 1995 and such sums as may be

necessary for each of the fiscal years 1996 and 1997 to carry out

section 412.¿

GOALS 2000: EDUCATE AMERICA ACT

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) * * *

(b) TABLE OF CONTENTS.—The table of contents is as follows:

Sec. 1. Short title; table of contents.

* * * * * * *

TITLE IX—EDUCATIONAL RESEARCH AND IMPROVEMENT

øPART A—GENERAL PROVISIONS REGARDING THE OFFICE OF EDUCATIONAL RESEARCH

AND IMPROVEMENT

øSec. 911. Repeal.

øSec. 912. Office of Educational Research and Improvement.

øSec. 913. Assistant Secretary for Educational Research and Improvement.

øSec. 914. Savings provision.

øSec. 915. Existing grants and contracts.

øPART B—NATIONAL EDUCATIONAL RESEARCH POLICY AND PRIORITIES BOARD

øSec. 921. Establishment within Office of Educational Research and Improvement.

øPART C—NATIONAL RESEARCH INSTITUTES

øSec. 931. Establishment within the Office of Educational Research and Improvement.

øPART D—NATIONAL EDUCATION DISSEMINATION SYSTEM

øSec. 941. Establishment within Office of Educational Research and Improvement.

øPART E—NATIONAL LIBRARY OF EDUCATION

øSec. 951. Establishment within Office of Educational Research and Improvement.¿

* * * * * * *

76

TITLE IX—EDUCATIONAL RESEARCH

AND IMPROVEMENT

SEC. 901. SHORT TITLE.

This title may be cited as the ‘‘Educational Research, Development, Dissemination, and Improvement Act of 1994’’.

* * * * * * *

øPART A—GENERAL PROVISIONS REGARDING

THE OFFICE OF EDUCATIONAL RESEARCH

AND IMPROVEMENT

øSEC. 911. REPEAL.

ø(a) REPEAL.—Section 405 of the General Education Provisions

Act (20 U.S.C. 1221e) is repealed.

ø(b) CONFORMING AMENDMENT.—The second sentence of section

209 of the Department of Education Organization Act (20 U.S.C.

3419) is amended by inserting ‘‘and such functions as set forth in

the Educational Research, Development, Dissemination, and Improvement Act of 1994’’ after ‘‘delegate’’.

øSEC. 912. OFFICE OF EDUCATIONAL RESEARCH AND IMPROVEMENT.

ø(a) DECLARATION OF POLICY REGARDING EDUCATIONAL OPPOR- TUNITY.—

ø(1) IN GENERAL.—The Congress declares it to be the policy

of the United States to provide to every individual an equal opportunity to receive an education of high quality regardless of

race, color, religion, sex, age, disability, national origin, or social class. Although the American educational system has pursued this objective, it has not been attained. Inequalities of opportunity to receive high quality education remain pronounced.

To achieve the goal of quality education requires the continued

pursuit of knowledge about education through research, development, improvement activities, data collection, synthesis,

technical assistance, and information dissemination. While the

direction of American education remains primarily the responsibility of State and local governments, the Federal Government has a clear responsibility to provide leadership in the

conduct and support of scientific inquiry into the educational

process.

ø(2) MISSION OF OFFICE.—

ø(A) The mission of the Office shall be to provide national leadership in—

ø(i) expanding fundamental knowledge and understanding of education;

ø(ii) promoting excellence and equity in education;

and the achievement of the National Educational

Goals by spurring reform in the school systems of the

United States;

ø(iii) promoting the use and application of research

and development to improve practice in the classroom;

and

ø(iv) monitoring the state of education.

77

ø(B) The mission of the Office shall be accomplished in

collaboration with researchers, teachers, school administrators, parents, students, employers, and policymakers.

ø(b) PURPOSE AND STRUCTURE OF OFFICE.— ø(1) IN GENERAL.—The Secretary, acting through the Office,

shall carry out the policies set forth in subsection (a). In carrying out such policies, the Office shall be guided by the Research Priorities Plan developed by the Assistant Secretary

working collaboratively with the Board and which has been approved by the Board.

ø(2) ADMINISTRATIVE STRUCTURE.—The Office shall be administered by the Assistant Secretary and shall include— ø(A) the National Educational Research Policy and Priorities Board established by section 921;

ø(B) the national research institutes established by section 931;

ø(C) the national education dissemination system established by section 941;

ø(D) the National Center for Education Statistics; and

ø(E) such other units as the Secretary deems appropriate to carry out the purposes of the Office.

ø(3) AUTHORIZED ACTIVITIES.— ø(A) OFFICE.—In fulfilling its purposes under this section, the Office is authorized to— ø(i) conduct and support education-related research

activities, including basic and applied research, development, planning, surveys, assessments, evaluations,

investigations, experiments, and demonstrations of national significance;

ø(ii) disseminate the findings of education research,

and provide technical assistance to apply such information to specific problems at school sites;

ø(iii) collect, analyze, and disseminate data related

to education, and to library and information services;

ø(iv) promote the use of knowledge gained from research and statistical findings in schools, other educational institutions, and communities;

ø(v) provide training in education research; and

ø(vi) promote the coordination of education research

and research support within the Federal Government,

and otherwise assist and foster such research.

ø(c) APPOINTMENT OF EMPLOYEES.—

ø(1) IN GENERAL.—The Assistant Secretary may appoint, for

terms not to exceed three 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 of the Office

as the Assistant Secretary considers necessary to accomplish

its functions, provided that— ø(A) 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;

78

ø(B) the rate of basic pay for such employees does not

exceed the maximum rate of basic pay payable for positions at GS–15, as determined in accordance with section

5376 of title 5, United States Code;

ø(C) the appointment of such employee is necessary to

provide the Office with scientific or technical expertise

which could not otherwise be obtained by the Office

through the competitive service; and

ø(D) the total number of such employees does not exceed

one-fifth of the number of full-time, regular scientific or

professional employees of the Office.

ø(2) REAPPOINTMENT OF EMPLOYEES.—The Assistant Secretary may reappoint employees described in paragraph (1)

upon presentation of a clear and convincing justification of

need, for one additional term not to exceed 3 years. All such

employees shall work on activities of the Office and shall not

be reassigned to other duties outside the Office during their

term.

ø(d) AUTHORITY TO PUBLISH.— ø(1) IN GENERAL.—The Assistant Secretary is authorized to

prepare and publish such information, reports, and documents

as may be of value in carrying out the purposes of this title

without further clearance or approval by the Secretary or any

other office of the Department of Education.

ø(2) QUALITY ASSURANCE.—In carrying out such authority,

the Assistant Secretary shall— ø(A) establish such procedures as may be necessary to

assure that all reports and publications issued by the Office are of the highest quality; and

ø(B) provide other offices of the Department of Education with an opportunity to comment upon any report or

publication prior to its publication when its contents relate

to matters for which such office has responsibility.

ø(e) BIENNIAL REPORT ON ACTIVITIES OF OFFICE.—The Assistant

Secretary shall transmit to the President and the Congress by not

later than December 30 of every other year a report which shall

consist of—

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

each research institute during the fiscal years for which such

report is prepared and any recommendations and comments regarding such activities as the Assistant Secretary considers appropriate;

ø(2) a description of the activities carried out by and through

the national education dissemination system established by

section 941 during the fiscal years for which such report is prepared and any recommendations and comments regarding such

activities as the Assistant Secretary considers appropriate;

ø(3) such written comments and recommendations as may be

submitted by the Board concerning the activities carried out by

and through each of the institutes and the national education

dissemination system during the fiscal years for which such report is prepared;

ø(4) a description of the coordination activities undertaken

pursuant to subsection (g) during the fiscal years for which

such report is prepared;

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ø(5) recommendations for legislative and administrative

changes necessary to improve the coordination of all educational research, development, and dissemination activities

carried out within the Federal Government; and

ø(6) such additional comments, recommendations, and materials as the Assistant Secretary considers appropriate.

ø(f) RESEARCH PRIORITIES PLAN.— ø(1) IN GENERAL.—Working collaboratively with the Board,

the Assistant Secretary shall— ø(A) survey and assess the state of knowledge in education research, development and dissemination to identify

disciplines and areas of inquiry in which the state of

knowledge is insufficient and which warrant further investigation, taking into account the views of both education

researchers and practicing educators;

ø(B) consult with the National Education Goals Panel

and other authorities on education to identify national priorities for the improvement of education;

ø(C) actively solicit recommendations from education researchers, teachers, school administrators, cultural leaders, parents, and others throughout the United States

through such means as periodic regional forums;

ø(D) provide recommendations for the development,

maintenance, and assurance of a strong infrastructure for

education, research, and development in the United States;

and

ø(E) on the basis of such recommendations, develop a research priorities program which shall recommend priorities for the investment of the resources of the Office over

the next 5-, 10-, and 15-year periods, including as priorities those areas of inquiry in which further research, development and dissemination— ø(i) is necessary to attain the National Education

Goals;

ø(ii) promises to yield the greatest practical benefits

to teachers and other educators in terms of improving

education; and

ø(iii) will not be undertaken in sufficient scope or intensity by the other Federal and non-Federal entities

engaged in education research and development.

ø(2) CONTENTS OF PLAN.—(A) The research and priorities

plan described in paragraph (1) shall, at a minimum—

ø(i) set forth specific objectives which can be expected to

be achieved as a result of a Federal investment in the priorities set forth in the plan;

ø(ii) include recommendations with respect to research

and development on cross-cutting issues which should be

carried out jointly by 2 or more of the research institutes;

and

ø(iii) include an evaluative summary of the educational

research and development activities undertaken by the

Federal Government during the preceding 2 fiscal years,

which shall describe— ø(I) what has been learned as a result of such activities;

80

ø(II) how such new knowledge or understanding extends or otherwise relates to what had been previously

known or understood;

ø(III) the implications of such new knowledge or understanding for educational practice and school reform; and

ø(IV) any development, reform, and other assistance

activities which have utilized such knowledge or understanding and the effects of such efforts.

ø(B) REPORT.—(i) Not later than 6 months after the first

meeting of the Board and by October 1 of every second year

thereafter, the Assistant Secretary shall publish a report specifying the proposed research priorities of the Office and allow

a 60-day period beginning on the date of the publication of the

report for public comment and suggestions.

ø(ii) Not later than 90 days after the expiration of the 60-

day period referred to in clause (i), the Assistant Secretary

shall submit to the Board a report specifying the proposed research priorities of the Office and any public comment and suggestions obtained under such subparagraph for the Board’s review and approval.

ø(g) COORDINATION.—With the advice and assistance of the

Board, the Assistant Secretary shall work cooperatively with the

Secretary and the other Assistant Secretaries of the Department of

Education to establish and maintain an ongoing program of activities designed to improve the coordination of education research, development, and dissemination and activities within such Department and within the Federal Government to— ø(1) minimize duplication in education research, development, and dissemination carried out by the Federal Government;

ø(2) maximize the value of the total Federal investment in

education research, development, and dissemination; and

ø(3) enable entities engaged in education research, development, and dissemination within the Federal Government to

interact effectively as partners and take full advantage of the

diverse resources and proficiencies which each entity has

available.

ø(h) ACTIVITIES REQUIRED WITH RESPECT TO COORDINATION.—In

carrying out such program of coordination, the Assistant Secretary

shall compile (and thereafter regularly maintain) and make available a comprehensive inventory of education research, development, dissemination activities, and expenditures being carried out

by the Federal Government.

ø(i) STANDARDS FOR THE CONDUCT AND EVALUATION OF RESEARCH.—

ø(1) IN GENERAL.—In consultation with the Board, the Assistant Secretary shall develop such standards as may be necessary to govern the conduct and evaluation of all research, development, and dissemination activities carried out by the Office to assure that such activities meet the highest standards

of professional excellence. In developing such standards, the

Assistant Secretary shall review the procedures utilized by the

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search and development and shall also actively solicit recommendations from research organizations and members of

the general public.

ø(2) CONTENTS OF STANDARDS.—Such standards shall at a

minimum— ø(A) require that a process of open competition be used

in awarding or entering into all grants, contracts, and cooperative agreements under this title;

ø(B) require that a system of peer review be utilized by

the Office— ø(i) for reviewing and evaluating all applications for

grants and cooperative agreements and bids for those

contracts which exceed $100,000;

ø(ii) for evaluating and assessing the performance of

all recipients of grants from and cooperative agreements and contracts with the Office; and

ø(iii) for reviewing and designating exemplary and

promising programs in accordance with section 941(d);

ø(C) describe the general procedures which shall be used

by each peer review panel in its operations;

ø(D)(i) describe the procedures which shall be utilized in

evaluating applications for grants, proposed cooperative

agreements, and contract bids; and

ø(ii) specify the criteria and factors which shall be considered in making such evaluations;

ø(E) describe the procedures which shall be utilized in

reviewing educational programs which have been identified by or submitted to the Secretary for evaluation in accordance with section 941(d); and

ø(F) require that the performance of all recipients of

grants from and contracts and cooperative agreements

with the Office shall be periodically evaluated, both during

and at the conclusion of their receipt of assistance.

ø(3) PUBLICATION AND PROMULGATION OF STANDARDS.—

ø(A) The Assistant Secretary shall publish proposed

standards—

ø(i) which meet the requirements of subparagraphs

(A), (B), (C), and (D) of paragraph (2) not later than

1 year after the date of the enactment of this title;

ø(ii) which meet the requirements of paragraph

(2)(E) not later than 2 years after such date; and

ø(iii) which meet the requirements of subparagraph

(F) of paragraph (2) not later than 3 years after such

date.

ø(B) Following the publication of such proposed standards, the Assistant Secretary shall solicit comments from

interested members of the public with respect to such proposed standards for a period of not more than 120 days.

After giving due consideration to any comments which

may have been received, the Assistant Secretary shall

transmit such standards to the Board for its review and

approval.

ø(C) Upon the approval of the Board, the Assistant Secretary shall transmit final standards to the Secretary

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graphs of paragraph (2) for which such standards were developed. Such standards shall be binding upon all activities carried out with funds appropriated pursuant to subsection (m).

ø(j) ADDITIONAL RESPONSIBILITIES OF THE ASSISTANT SEC- RETARY.—In carrying out the activities and programs of the Office,

the Assistant Secretary— ø(1) shall be guided by the Research Priorities Plan developed by the Assistant Secretary working collaboratively with

the Board and which has been approved by the Board;

ø(2) shall ensure that there is broad and regular public and

professional involvement from the educational field in the

planning and carrying out of the Office’s activities, including

establishing teacher advisory boards for any program office,

program or project of the Office as the Assistant Secretary

deems necessary and involving Indian and Alaska Native researchers and educators in activities that relate to the education of Indian and Alaska Native people;

ø(3) shall ensure that the selection of research topics and the

administration of the program are free from undue partisan

political influence;

ø(4) shall ensure that all statistics and other data collected

and reported by the Office shall be collected, cross-tabulated,

analyzed, and reported by sex within race or ethnicity and socioeconomic status whenever feasible (and when such data collection or analysis is not feasible, ensure that the relevant report or document includes an explanation as to why such data

collection or analysis is not feasible);

ø(5) is authorized to administer funds to support a single

project when more than 1 Federal agency uses funds to support such project, and the Assistant Secretary may act for all

such agencies in administering such funds; and

ø(6) is authorized to offer information and technical assistance to State and local educational agencies, school boards,

and schools, including schools funded by the Bureau, to ensure

that no student is—

ø(A) denied access to the same rigorous, challenging curriculum that such student’s peers are offered; or

ø(B) grouped or otherwise labeled in such a way that

may impede such student’s achievement.

ø(k) INDEPENDENT EVALUATIONS.—The Secretary shall enter into

one or more contracts for the conduct of an independent evaluation

of the effectiveness of the implementation of the provisions of this

title. Such evaluations shall be transmitted to the Congress, the

President, and the Assistant Secretary not later than 54 months

after the date of the enactment of this title.

ø(l) DEFINITIONS.—For purposes of this title, the following definitions apply:

ø(1) ASSISTANT SECRETARY.—The term ‘‘Assistant Secretary’’ means the Assistant Secretary for Educational Research and

Improvement established by section 202 of the Department of

Education Organization Act.

ø(2) AT-RISK STUDENT.—The term ‘‘at-risk student’’ means a

student who, because of limited English proficiency, poverty,

race, geographic location, or economic disadvantage, faces a

83

greater risk of low educational achievement or reduced academic expectations.

ø(3) BOARD.—The term ‘‘Board’’ means the National Educational Research Policy and Priorities Board.

ø(4) DEVELOPMENT.—The term ‘‘development’’—

ø(A) means the systematic use, adaptation, and transformation of knowledge and understanding gained from research to create alternatives, policies, products, methods,

practices, or materials which can contribute to the improvement of educational practice; and

ø(B) includes the design and development of prototypes

and the testing of such prototypes for the purposes of establishing their feasibility, reliability, and cost-effectiveness.

ø(5) DISSEMINATION.—The term ‘‘dissemination’’ means the

communication and transfer, through the provision of technical

assistance and other means, of the results of research and

proven practice 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, policymakers, and the public.

ø(6) EDUCATIONAL RESEARCH.—The term ‘‘educational research’’ includes basic and applied research, inquiry with the

purpose of applying tested knowledge gained to specific educational settings and problems, development, planning, surveys, assessments, evaluations, investigations, experiments,

and demonstrations in the field of education and other fields

relating to education.

ø(7) FIELD-INITIATED RESEARCH.—The term ‘‘field-initiated

research’’ means education research in which topics and methods of study are generated by investigators, including teachers

and other practitioners, not by the source of funding.

ø(8) NATIONAL EDUCATION DISSEMINATION SYSTEM.—The

term ‘‘national education dissemination system’’ means the activities carried out by the Office of Reform Assistance and Dissemination established by section 941.

ø(9) OFFICE.—The term ‘‘Office’’, unless otherwise specified,

means the Office of Educational Research and Improvement established in section 208 of the Department of Education Organization Act.

ø(10) NATIONAL RESEARCH INSTITUTE.—The term ‘‘national

research institute’’ means an institute established in section

931.

ø(11) TECHNICAL ASSISTANCE.—The term ‘‘technical assistance’’ means assistance in identifying, selecting, or designing

solutions based on research to address educational problems,

planning, and design that leads to adapting research knowledge to school practice, training to implement such solutions,

and other assistance necessary to encourage adoption or application of research.

ø(12) UNITED STATES; STATE.—The terms ‘‘United States’’

and ‘‘State’’ means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American

Samoa, the Virgin Islands, the Commonwealth of the Northern

Mariana Islands, Palau (until the effective date of the Compact

84

of Free Association with the Government of Palau), the Republic of the Marshall Islands, and the Federated States of Micronesia.

ø(m) AUTHORIZATION OF APPROPRIATIONS.—

ø(1) NATIONAL INSTITUTES.—

ø(A) For the purpose of carrying out section 931, there

is authorized to be appropriated $68,000,000 for fiscal year

1995.

ø(B)(i) For the purpose of carrying out the provisions of

section 931 relating to the National Institute on Student

Achievement, Curriculum, and Assessment and the National Institute on the Education of At-Risk Students,

there are authorized to be appropriated $60,000,000 for fiscal year 1996, and such sums as are necessary for each of

fiscal years 1997, 1998, and 1999.

ø(ii) Of the total amounts appropriated pursuant to

clause (i)—

ø(I) 50 percent shall be used by the Assistant Secretary for the purpose of carrying out the provisions of

section 931 relating to the National Institute on the

Education of At-Risk Students; and

ø(II) 50 percent shall be used for the purpose of carrying out the provisions of section 931 relating to the

National Institute on Student Achievement, Curriculum, and Assessment.

ø(C) For the purpose of carrying out the provisions of

section 931 relating to the National Institute on Educational Governance, Finance, Policy-Making, and Management, there are authorized to be appropriated $10,000,000

for fiscal year 1996, and such sums as are necessary for

each of fiscal years 1997, 1998, and 1999.

ø(D) For the purpose of carrying out the provisions of

section 931 relating to the National Institute on Early

Childhood Development and Education, there are authorized to be appropriated $15,000,000 for fiscal year 1996,

and such sums as are necessary for each of fiscal years

1997, 1998, and 1999.

ø(E) For the purpose of carrying out the provisions of

section 931 relating to the National Institute on Postsecondary Education, Libraries, and Lifelong Learning, there

are authorized to be appropriated $15,000,000 for fiscal

year 1996, and such sums as are necessary for each of fiscal years 1997, 1998, and 1999.

ø(F) COORDINATION AND SYNTHESIS.—The Assistant Secretary is authorized to reserve not more than 10 percent

of the total amounts appropriated in any fiscal year pursuant to subparagraphs (A) through (E) (but not more than

33 percent of the amount appropriated for any single institute in any fiscal year) for the purposes of supporting coordination and synthesis activities described in section

931(i) or to address other priorities which are consistent

with the Research Priorities Plan developed by the Assistant Secretary and approved by the Board.

ø(2) NATIONAL EDUCATION DISSEMINATION SYSTEM.—

85

ø(A)(i) For the purpose of carrying out paragraph (2) of

subsection (b) and subsections (c) through (g) of section

941, there are authorized to be appropriated $23,000,000

for fiscal year 1995, and such sums as are necessary for

each of the fiscal years 1996 through 1999.

ø(ii) Of the amount appropriated under clause (i) for any

fiscal year, the Secretary shall make available not less

than $8,000,000 to carry out subsection (f) of section 941

(relating to Educational Resources Information Center

Clearinghouses).

ø(B) For the purpose of carrying out subsection (h) of

section 941 (relating to regional educational laboratories),

there are authorized to be appropriated $41,000,000 for fiscal year 1995, and such sums as are necessary for each of

the fiscal years 1996 through 1999. Of the amounts appropriated under the preceding sentence for a fiscal year, the

Secretary 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).

ø(C) For the purpose of carrying out subsection (j) of section 941 (relating to the teacher research dissemination

demonstration program) there are authorized to be appropriated $20,000,000 for fiscal year 1995, and such sums as

are necessary for each of the fiscal years 1996 through

1999.

ø(D) For the purpose of carrying out subsection (i) of section 941 (relating to the Goals 2000 Community Partnerships program), there are authorized to be appropriated

$30,000,000 for fiscal year 1995, $50,000,000 for fiscal year

1996, and such sums as are necessary for each of the fiscal

years 1997 and 1999.

ø(3) NATIONAL EDUCATIONAL RESEARCH POLICY AND PRIOR- ITIES BOARD.—Of the amounts appropriated under paragraphs

(1) and (2) for any fiscal year, the Secretary shall make available 2 percent of such amounts, or $1,000,000, whichever is

less, for the purpose of supporting the activities and expenses

of the Board and the collaborative development of the Research

Priorities Plan by the Assistant Secretary and the Board.

ø(4) ALLOCATIONS FOR GRANTS, COOPERATIVE AGREEMENTS,

AND CONTRACTS.—Of the amounts appropriated under paragraph (1) or (2) for any fiscal year, not less than 95 percent

shall be expended to carry out the purposes described in such

paragraphs through grants, cooperative agreements, or contracts.

ø(5) LIMITATIONS ON APPROPRIATIONS.—No amounts are authorized to be appropriated under paragraph (1) or (2) for fiscal

year 1996 or any fiscal year thereafter unless the Board has

been appointed in accordance with section 921.

ø(6) GRANT AUTHORIZED.— ø(A) IN GENERAL.—From the amounts appropriated pursuant to paragraph (1) for any fiscal year, the Secretary is

authorized, in accordance with the provisions of this paragraph, to award a grant of not more than $5,000,000 to a

public or private institution, agency or organization for a

86

period not to exceed 5 years for the purpose of conducting

a State-by-State poll to determine the perceptions of recent

graduates of secondary schools, their instructors in institutions of higher education, parents of recent such graduates, and employers of recent such graduates on how well

schools have prepared students for further education or

employment.

ø(B) MATCHING REQUIREMENT.—The grant described in

subparagraph (A) shall be awarded on a competitive basis

and shall be matched on a two-to-one basis by the recipient.

øSEC. 913. ASSISTANT SECRETARY FOR EDUCATIONAL RESEARCH

AND IMPROVEMENT.

øSubsection (b) of section 202 of the Department of Education

Organization Act is amended—

ø(1) in paragraph (1)—

ø(A) by striking subparagraph (E); and

ø(B) by redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively; and

ø(2) by adding at the end the following new paragraph:

ø‘‘(3) There shall be in the Department an Assistant Secretary

for Educational Research and Improvement who shall be—

ø‘‘(A) appointed by the President, by and with the consent of

the Senate; and

ø‘‘(B) selected (giving due consideration to recommendations

from the National Educational Research Policy and Priorities

Board) from among individuals who—

ø‘‘(i) are distinguished educational researchers or practitioners;

ø‘‘(ii) have proven management ability; and

ø‘‘(iii) have substantial knowledge of education within

the United States.’’.

øSEC. 914. SAVINGS PROVISION.

øNotwithstanding any other provision of law, contracts for the

regional educational laboratories, Educational Resources Information Center Clearinghouses and research and development centers

and regional educational laboratories assisted under section 405 of

the General Education Provisions Act, as such section was in effect

on the day before the date of the enactment of this title, shall remain in effect until the termination date of such contracts.

øSEC. 915. EXISTING GRANTS AND CONTRACTS.

ø(a) IN GENERAL.—Notwithstanding any other provision of law,

grants and contracts for the research and development centers assisted under section 405 of the General Education Provisions Act,

as such section was in effect on the day before the date of enactment of this Act, shall remain in effect until the termination date

of such grants or contracts, as the case may be, except that such

grants and contracts may be extended to implement the provisions

of this title.

ø(b) USE OF FUNDS.—In carrying out subsection (a), the Secretary shall use funds appropriated pursuant to section 912(m)(1).

87

øPART B—NATIONAL EDUCATIONAL

RESEARCH POLICY AND PRIORITIES BOARD

øSEC. 921. ESTABLISHMENT WITHIN OFFICE OF EDUCATIONAL RESEARCH AND IMPROVEMENT.

ø(a) IN GENERAL.—There is established within the Office a National Educational Research Policy and Priorities Board.

ø(b) FUNCTIONS.—It shall be the responsibility of the Board to—

ø(1) work collaboratively with the Assistant Secretary to determine priorities that should guide the work of the Office and

provide guidance to the Congress in its oversight of the Office;

ø(2) review and approve the Research Priorities Plan developed by the Assistant Secretary in collaboration with the

Board;

ø(3) review and approve standards for the conduct and evaluation of all research, development, and dissemination carried

out under the auspices of the Office pursuant to this title; and

ø(4) review regularly, evaluate, and publicly comment upon,

the implementation of its recommended priorities and policies

by the Department and the Congress.

ø(c) ADDITIONAL RESPONSIBILITIES OF THE BOARD.—It shall also

be the responsibility of the Board to—

ø(1) provide advice and assistance to the Assistant Secretary

in carrying out the coordination activities described in section

912;

ø(2) make recommendations to the Assistant Secretary of

persons qualified to fulfill the responsibilities of the Director of

each research institute established by section 931 after making

special efforts to identify qualified women and minorities and

soliciting and giving due consideration to recommendations

from professional associations and interested members of the

public;

ø(3) advise and make recommendations to the President with

respect to individuals who are qualified to fulfill the responsibilities of the Assistant Secretary for the Office;

ø(4) review and comment upon proposed contract grant, and

cooperative agreement proposals in accordance with section

931(c)(4);

ø(5) advise the United States on the Federal educational research and development effort;

ø(6) recommend ways for strengthening active partnerships

among researchers, educational practitioners, librarians, and

policymakers;

ø(7) recommend ways to strengthen interaction and collaboration between the various program offices and components;

ø(8) solicit advice and information from the educational field,

to define research needs and suggestions for research topics,

and shall involve educational practitioners, particularly teachers, in this process;

ø(9) solicit advice from practitioners, policymakers, and researchers, and recommend missions for the national research

centers assisted under this title by identifying topics which require long-term, sustained, systematic, programmatic, and integrated research and dissemination efforts;

88

ø(10) provide recommendations for translating research findings into workable, adaptable models for use in policy and in

practice across different settings, and recommendations for

other forms of dissemination; and

ø(11) provide recommendations for creating incentives to

draw talented young people into the field of educational research, including scholars from disadvantaged and minority

groups.

ø(d) STANDING SUBCOMMITTEES.—The Board may establish a

standing subcommittee for each of the Institutes established by section 931 and for the Office of Reform Assistance and Dissemination

established by section 941(b) which shall advise, assist, consult

with and make recommendations to the Assistant Secretary, the

Board, the Director of such entity and the Congress on matters related to the activities carried out by and through such entities.

ø(e) POWERS OF THE BOARD.—In carrying out its functions, powers, and responsibilities, the Board—

ø(1) shall, without regard to the provisions of title 5, United

States Code, relating to the appointment and compensation of

officers or employees of the United States, appoint a director

to be paid at a rate not to exceed the rate of basic pay payable

for level V of the Executive Schedule who shall assist in carrying out and managing the activities of the Board and perform such other functions the Board determines to be necessary and appropriate;

ø(2) shall utilize such additional staff as may be appointed

or assigned by the Assistant Secretary;

ø(3) may arrange for the detail of staff personnel and utilize

the services and facilities of any department or agency of the

Federal Government;

ø(4) may enter into contracts, or make other arrangements

as may be necessary to carry out its functions;

ø(5) shall participate in any public meetings or other activities carried out by the Assistant Secretary in the development

of the Research Priorities Plan;

ø(6) may review any grant, contract, or cooperative agreement made or entered into by the Office;

ø(7) may, to the extent otherwise permitted by law, obtain

directly from any department or agency of the United States

such information as the Board deems necessary to carry out its

responsibilities;

ø(8) may convene workshops and conferences, collect data,

and establish subcommittees which may be composed of members of the Board and nonmember consultants (including employees of the Department of Education) with expertise in the

particular area addressed by such subcommittees; and

ø(9) shall establish such rules and procedures to govern its

operations as it considers appropriate, to the extent otherwise

permitted by law.

ø(f) MEMBERSHIP IN GENERAL.—

ø(1) QUALIFICATIONS.—The members of the Board shall be

individuals who, by virtue of their training, experience, and

background in educational research and the education professions, are exceptionally qualified to appraise the educational

89

research and development effort of the United States and to

fulfill the responsibilities described in subsections (b) and (c).

ø(2) BROAD REPRESENTATION.—Due consideration shall be

given to the gender, race, and ethnicity of appointees to assure

that the Board is broadly representative of the diversity of the

United States.

ø(3) LIMITATION.—A voting member of the Board may not

serve on any other governing or advisory board within the Department of Education or as a paid consultant of such Department.

ø(4) CONFLICT OF INTEREST.—A voting member of the Board

shall be considered a special Government employee for the purposes of the Ethics in Government Act of 1978.

ø(g) SECRETARIAL APPOINTMENTS.—The Board shall consist of 15

members appointed by the Secretary. Of the members of the

Board—

ø(1) five shall be appointed from among researchers in the

field of education who have been nominated by the National

Academy of Sciences;

ø(2) five shall be outstanding school-based professional educators; and

ø(3) five shall be individuals who are knowledgeable about

the educational needs of the United States and may include

parents with experience in promoting parental involvement in

education, Chief State School Officers, local educational agency

superintendents, 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.

ø(h) REQUIREMENTS FOR NOMINATIONS BY THE NATIONAL ACAD- EMY OF SCIENCES.— ø(1) IN GENERAL.—In making nominations for the members

of the Board described in subsection (g)(1), the National Academy of Sciences— ø(A) shall give due consideration to recommendations

from research and education organizations;

ø(B) may not nominate any individual who is an elected

officer or employee of such organization; and

ø(C) shall nominate not less than 5 individuals for each

of the positions on the Board for which such organization

has responsibility for making nominations.

ø(2) REQUEST FOR ADDITIONAL NOMINATIONS.—In the event

that the Secretary determines that none of the individuals

nominated by the National Academy of Sciences meets the

qualifications for membership on the Board specified in subsection (g), the Secretary may request that such organization

make additional nominations.

ø(i) NOMINATIONS FOR BOARD MEMBERSHIP.—Prior to appointing

any member of the Board, the Secretary shall actively solicit and

give due consideration to recommendations from organizations such

as the National Education Association, the American Federation of

Teachers, the National Parent-Teachers Association, the American

Library Association, the American Association of School Administrators, the National Association of State Boards of Education, the

National Indian School Board Association, the Association of ComVerDate 11-MAY-2000 19:53 Apr 15, 2002 Jkt 099006 PO 00000 Frm 00089 Fmt 6659 Sfmt 9001 E:\HR\OC\HR404.XXX pfrm02 PsN: HR404
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munity Tribal Schools, the National Indian Education Association,

and other education-related organizations and interested members

of the public.

ø(j) EX OFFICIO MEMBERS.—The ex officio, nonvoting members of

the Board shall include the Assistant Secretary and may also

include—

ø(1) the Director of Research for the Department of Defense;

ø(2) the Director of Research for the Department of Labor;

ø(3) the Director of the National Science Foundation;

ø(4) the Director of the National Institutes of Health;

ø(5) the chair of the National Endowment for the Arts;

ø(6) the chair of the National Endowment for the Humanities;

ø(7) the Librarian of Congress; and

ø(8) the Director of the Office of Indian Education Programs

of the Department of the Interior.

ø(k) CHAIR.—The Board shall select a Chair from among its appointed members who shall serve for a renewable term of 2 years.

ø(l) TERMS OF OFFICE.—

ø(1) IN GENERAL.—Except as provided in paragraphs (2) and

(3), the term of office of each voting member of the Board shall

be 6 years.

ø(2) EXCEPTIONS.—(A) Any individual appointed to fill a vacancy occurring on the Board prior to the expiration of the

term for which the predecessor of the individual was appointed

shall be appointed for the remainder of the term. A vacancy

shall be filled in the same manner in which the original appointment was made.

ø(B) The terms of office of the members of the Board who

first take office after the date of the enactment of this title

shall, as designated by a random selection process at the time

of appointment, be as follows:

ø(i) 3 years for each of 5 members of the Board.

ø(ii) 4 years for each of 5 members of the Board.

ø(iii) 6 years for each of 5 members of the Board.

ø(3) PROHIBITION ON CERTAIN CONSECUTIVE TERMS.—An individual who has been a member of the Board for 12 consecutive

years shall thereafter be ineligible for appointment during the

6-year period beginning on the date of the expiration of the

12th year.

ø(4) PROHIBITION REGARDING REMOVAL.—The Secretary shall

neither remove nor encourage the departure of a member of

the Board before the expiration of such member’s term.

ø(m) MEETINGS OF BOARD.—

ø(1) INITIAL MEETING.—The Secretary shall ensure that the

first meeting of the Board is held not later than May 15, 1995.

ø(2) SUBSEQUENT MEETINGS.—The Board shall meet quarterly, at the call of the Chair, and when at least one-third of

the members of the Board make a written request to meet.

ø(3) QUORUM.—A majority of the Board shall constitute a

quorum.

ø(4) OPEN MEETINGS.—The Government in the Sunshine Act

(5 U.S.C. 552b) shall apply to meetings of the Board.

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øPART C—NATIONAL RESEARCH INSTITUTES

øSEC. 931. ESTABLISHMENT WITHIN THE OFFICE OF EDUCATIONAL

RESEARCH AND IMPROVEMENT.

ø(a) ESTABLISHMENT OF INSTITUTES.—In order to fulfill the research and development purposes of the Office, and to carry out a

program of high-quality and rigorously evaluated research and development that is capable of improving Federal, State, Indian tribal, and local education policies and practices, there are established

within the Office the following Institutes:

ø(1) The National Institute on Student Achievement, Curriculum, and Assessment.

ø(2) The National Institute on the Education of At-Risk Students.

ø(3) The National Institute on Educational Governance, Finance, Policy-Making, and Management.

ø(4) The National Institute on Early Childhood Development

and Education.

ø(5) The National Institute on Postsecondary Education, Libraries, and Lifelong Education.

ø(b) DIRECTORS.— ø(1) IN GENERAL.—Each Institute established by subsection

(a) shall be headed by a Director who shall be appointed by the

Assistant Secretary from among individuals who have significant experience and expertise in the disciplines relevant to the

purposes of such Institute. The Assistant Secretary shall give

due consideration to recommendations made by the Board of

individuals qualified to fill the position.

ø(2) REPORTING.—Each Director shall report directly to the

Assistant Secretary regarding the activities of the Institute

and shall work with the other directors to promote research

synthesis across the Institutes.

ø(c) AUTHORITIES AND DUTIES.—

ø(1) IN GENERAL.—The Assistant Secretary is authorized to

conduct research, development, demonstration, and evaluation

activities to carry out the purposes for which such Institute

was established—

ø(A) directly;

ø(B) through grants, contracts, and cooperative agreements with institutions of higher education, regional educational laboratories, public and private organizations, institutions, agencies, and individuals, or a consortium

thereof, which may include—

ø(i) grants to support research and development centers which are—

ø(I) awarded competitively for a period of 5

years and which may be renewed for an additional

5 years;

ø(II) of sufficient size, scope, and quality, and

funded at not less than $1,500,000 annually in

order to support a full range of basic research, applied research and dissemination activities, which

may also include development activities; and

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sortium with public agencies or private nonprofit

organizations, or by interstate agencies established by compact which operate subsidiary bodies

established to conduct postsecondary educational

research and development;

ø(ii) meritorious unsolicited proposals for educational research and related activities;

ø(iii) proposals that are specifically invited or requested by the Assistant Secretary, on a competitive

basis; and

ø(iv) dissertation grants, awarded for a period of not

more than 2 years and in a total amount not to exceed

$20,000 to graduate students in the sciences, humanities, and the arts to support research by such scholars

in the field of education;

ø(C) through the provision of technical assistance;

ø(D) through the award of fellowships to support graduate study in educational research by qualified AfricanAmerican, Hispanic, American Indian and Alaska Native,

and other individuals from groups which have been traditionally underrepresented in the field of educational research which shall— ø(i) be awarded on the basis of merit for a period of

3 years; and

ø(ii) provide stipends to each fellow in an amount

which shall be set at a level of support comparable to

that provided by the National Science Foundation

Graduate Fellowships, except that such amounts shall

be adjusted as necessary so as not to exceed each fellow’s demonstrated level of need; and

ø(E) through the award of fellowships in the Office for

scholars, researchers, policymakers, education practitioners, librarians, and statisticians engaged in the use,

collection, and dissemination of information about education and educational research which—

ø(i) shall be awarded following the biennial publication in the Federal Register of proposed research priorities and a period of 60 days for public comments

and suggestions with respect to such priorities;

ø(ii) shall be awarded competitively following the

publication of a notice in the Federal Register inviting

the submission of applications; and

ø(iii) may include such stipends and allowances, including travel and subsistence expenses provided

under title 5, United States Code, as the Assistant

Secretary considers appropriate.

ø(2) SCOPE AND FOCUS OF ACTIVITIES.—In carrying out the

purposes for which each Institute is established, the Assistant

Secretary shall— ø(A) maintain an appropriate balance between applied

and basic research;

ø(B) significantly expand the role of field-initiated research in meeting the education research and development

needs of the United States by reserving not less than 20

percent of the amounts available to each Institute in fiscal

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years 1996 and 1997 and 25 percent in fiscal years 1998

and 1999 to support field-initiated research;

ø(C) provide for and maintain a stable foundation of

long-term research and development on core issues and

concerns conducted through university-based research and

development centers by reserving not less than one-third

of the amounts available to each Institute in any fiscal

year to support such research and development centers;

ø(D) support and provide research information that

leads to policy formation by State legislatures, State and

local boards of education, schools funded by the Bureau,

and other policy and governing bodies, to assist such entities in identifying and developing effective policies to promote student achievement and school improvement;

ø(E) promote research that is related to the core content

areas;

ø(F) plan and coordinate syntheses that provide research

knowledge related to each level of the education system

(from preschool to postsecondary education) to increase understanding of student performance across different educational levels;

ø(G) conduct and support research in early childhood, elementary and secondary, vocational, adult and postsecondary education (including the professional development

of teachers) to the extent that such research is related to

the purposes for which such Institute has been established;

ø(H) conduct sustained research and development on improving the educational achievement of poor and minority

individuals as an integral part of its work; and

ø(I) coordinate the Institute’s activities with the activities of the regional educational laboratories and with other

educational service organizations in designing the Institute’s research agenda and projects in order to increase the

responsiveness of such Institute to the needs of teachers

and the educational field and to bring research findings directly into schools to ensure greatest access at the local

level to the latest research developments.

ø(3) REQUIREMENTS REGARDING FINANCIAL ASSISTANCE.—No

grant, contract, or cooperative agreement may be made under

this title unless— ø(A) sufficient notice of the availability of, and opportunity to compete for, assistance has first been provided to

potential applicants through notice published in the Federal Register or other appropriate means;

ø(B) such grant, contract, or agreement has been evaluated through peer review in accordance with the standards

developed pursuant to section 912(i);

ø(C) such grant, contract, or agreement will be evaluated

in accordance with the standards developed pursuant to

section 912(i);

ø(D) in the case of a grant, contract, or cooperative

agreement which exceeds $500,000 for a single fiscal year

or $1,000,000 for more than one fiscal year, the Secretary

has complied with the requirements of paragraph (4); and

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ø(E) in the case of a grant, contract, or cooperative

agreement to support a research and development center,

all applications for such assistance have been evaluated by

independent experts according to standards and criteria

which include—

ø(i) whether applicants have assembled a group of

high quality researchers sufficient to achieve the mission of the center;

ø(ii) whether the proposed organizational structure

and arrangements will facilitate achievement of the

mission of the center;

ø(iii) whether there is a substantial staff commitment to the work of the center;

ø(iv) whether the directors and support staff will devote a majority of their time to the activities of the

center;

ø(v) review of the contributions of primary researchers (other than researchers at the proposed center) to

evaluate the appropriateness of such primary researcher’s experiences and expertise in the context of

the proposed center activities, and the adequacy of

such primary researcher’s time commitment to

achievement of the mission of the center; and

ø(vi) the manner in which the results of education

research will be disseminated for further use, including how the center will work with the Office of Reform

Assistance and Dissemination.

ø(4) BOARD REVIEW OF CERTAIN PROPOSED GRANT AND CONTRACT ACTIONS.—The Assistant Secretary may not solicit any

contract bid or issue a request for proposals or applications for

any grant or cooperative agreement the amount of which exceeds $500,000 in any single fiscal year or which exceeds an

aggregate amount of $1,000,000 for more than one fiscal year

unless the Board has had an opportunity to review such proposed grant, contract, or cooperative agreement and to provide

written comments to the Assistant Secretary with respect to

whether—

ø(A) the purposes and scope of the proposed action are

consistent with the Research Priorities Plan; and

ø(B) the methodology and approach of the proposed action are sound and adequate to achieve the objectives of

such grant, contract, or cooperative agreement.

ø(5) HISTORICALLY UNDERUTILIZED RESEARCHERS AND INSTITUTIONS.—The Assistant Secretary shall establish and maintain initiatives and programs to increase the participation in

the activities of each Institute of groups of researchers and institutions that have been historically underutilized in Federal

educational research activities, including—

ø(A) researchers who are women, African-American, Hispanic, American Indian and Alaska Native, or other ethnic

minorities;

ø(B) promising young or new researchers in the field,

such as postdoctoral students and recently appointed assistant or associate professors;

95

ø(C) Historically Black Colleges and Universities, Tribally Controlled Community Colleges, and other institutions

of higher education with large numbers of minority students;

ø(D) institutions of higher education located in rural

areas; and

ø(E) institutions and researchers located in States and

regions of the United States which have historically received the least Federal support for educational research

and development.

ø(6) ADDITIONAL AUTHORITIES.—The Assistant Secretary— ø(A) may obtain (in accordance with section 3109 of title

5 but without regard to the limitation in such section on

the period of service) the services of experts or consultants

with scientific or professional qualifications in the disciplines relevant to the purposes of such Institute;

ø(B) may use, with their consent, the services, equipment, personnel, information, and facilities of other Federal, State, or local public agencies, with or without reimbursement therefore; and

ø(C) may accept voluntary and uncompensated services.

ø(d) NATIONAL INSTITUTE ON STUDENT ACHIEVEMENT, CUR- RICULUM, AND ASSESSMENT.— ø(1) FINDINGS.—The Congress finds as follows:

ø(A) The current achievement levels of students in the

United States are far below those that might indicate competency in challenging subject matter in core content

areas.

ø(B) During the last 20 years, relatively little changed in

how students were taught. Despite much research suggesting better alternatives, classrooms continue to be

dominated by textbooks, teacher lectures, short-answer activity sheets, and unequal patterns of student attention.

ø(C) Despite progress in narrowing the gaps, the differences in performance between Caucasian students and

their minority counterparts remain unacceptably large.

While progress has been made in reducing the gender gap

in mathematics, such gap still remains at higher levels of

problem solving. Too little progress has been made in reducing gender performance gaps favoring males in science

and females in writing.

ø(2) PURPOSE.—The purpose of the National Institute on

Student Achievement, Curriculum, and Assessment is to carry

out a coordinated and comprehensive program of research and

development to provide research-based leadership to the

United States as it seeks to improve student achievement in

core content areas and the integration of such areas. Such program shall—

ø(A) identify, develop, and evaluate innovative and exemplary methods to improve student knowledge at all levels in the core content areas, such as— ø(i) student learning and assessment in various subject matters;

ø(ii) the effects of organizational patterns on the delivery of instruction, including issues of grouping and

96

tracking, ungraded classrooms, and on the effects of

various pedagogies, including the issues of technology

in education;

ø(iii) standards for what students should know and

be able to do, particularly standards of desired performance set to internationally competitive levels;

ø(iv) methods to improve the process of reading, the

craft of writing, the growth of reasoning skills, and the

development of information-finding skills;

ø(v) enabling students to develop higher order thinking skills;

ø(vi) methods to teach effectively all students in

mixed-ability classrooms;

ø(vii) curriculum, instruction, and assessment, in vocational education and school-to-work transition;

ø(viii) the impact and effectiveness of Federal, State,

and local efforts to provide gender-fair educational opportunities to elementary and secondary students;

ø(ix) programs, policies, and approaches which promote gender equity in elementary and secondary

education;

ø(x) improving the working conditions of teachers

and other educational practitioners, which may include such topics as—

ø(I) teacher isolation;

ø(II) professional resources available to teachers;

ø(III) continuing educational and professional

opportunities available to teachers;

ø(IV) physical facilities and equipment, such as

office space, telephone, computer access, and fax

machines and television cable access available to

teachers in the work environment;

ø(V) opportunities for teachers to share information and resources with other teachers and education professionals;

ø(VI) opportunities for advanced learning experience; and

ø(VII) the reduction of stress in the teaching

profession;

ø(xi) curriculum development designed to meet challenging standards, including State efforts to develop

such curriculum;

ø(xii) the need for, and methods of delivering, teacher education, development, and inservice training;

ø(xiii) educational methods and activities to reduce

and prevent violence in schools;

ø(xiv) the use of technology in learning, teaching

and testing; and

ø(xv) other topics relevant to the mission of the institute;

ø(B) conduct basic and applied research in the areas of

human learning, cognition, and performance, including research and development on the education contexts which

97

promote excellence in learning and instruction, and motivational issues related to learning;

ø(C) identify, develop, and evaluate programs designed

to enhance academic achievement and narrow racial and

gender performance gaps in a variety of subject areas, including research and development on methods of involving

parents in their children’s education and ways to involve

business, industry and other community partners in promoting excellence in schools; and

ø(D) include a comprehensive, coordinated program of

research and development in the area of assessment

which—

ø(i) addresses issues such as— ø(I) the validity, reliability, generalizability,

costs, relative merits, and most appropriate uses

of various approaches and methods of assessing

student learning and achievement;

ø(II) methods and approaches to assessing student opportunities to learn (including the quality

of instruction and the availability of resources

necessary to support learning) and evaluating the

quality of school environment;

ø(III) the impact of high-stakes uses of assessment on student performance and motivation, narrowing of curriculum, teaching practices, and test

integrity;

ø(IV) the impact of various methods of assessment on children of different races, ethnicities,

gender, socioeconomic status, and English language proficiencies, and children with other special needs;

ø(V) standards of performance, quality, and validity for various methods of assessment and the

means by which such standards should be developed;

ø(VI) current and emerging testing practices of

State and local education agencies within the

United States, as well as other nations;

ø(VII) the diverse effects, both intended and unintended, of assessments as actually used in the

schools, including effects on curriculum and instruction, effects on equity in the allocation of resources and opportunities, effects on equity of outcomes, effects on other procedures and standards

for judging students and practitioners and possible inflation of test scores;

ø(VIII) identifying and evaluating how students

with limited-English proficiency and students with

disabilities are included and accommodated in the

various assessment programs of State and local

education agencies;

ø(IX) the feasibility and validity of comparing or

equating the results of different assessments;

ø(X) test security, accountability, validity, reliability, and objectivity;

98

ø(XI) relevant teacher training and instruction

in giving a test, scoring a test, and in the use of

test results to improve student achievement;

ø(XII) developing, identifying, or evaluating new

educational assessments, including performancebased and portfolio assessments which demonstrate skill and a command of knowledge; and

ø(XIII) other topics relevant to the purposes of

the Institute; and

ø(ii) may reflect recommendations made by the National Education Goals Panel.

ø(e) NATIONAL INSTITUTE ON THE EDUCATION OF AT-RISK STU- DENTS.—

ø(1) FINDINGS.—The Congress finds as follows:

ø(A) The rate of decline in our urban schools is escalating at a rapid pace. Student performance in most inner

city schools grows worse each year. At least half of all students entering ninth grade fail to graduate 4 years later

and many more students from high-poverty backgrounds

leave school with skills that are inadequate for today’s

workplace. Student performance in many inner city neighborhoods grows worse each year. At least half of all students entering ninth grade fail to graduate in 4 years. In

1992, the average National Assessment of Educational

Progress reading score of Caucasian 17 year-olds was approximately 25 points higher than that of African-American 17 year-olds and 20 points higher than that of Hispanic 17 year-olds.

ø(B) Rural schools enroll a disproportionately large

share of the poor and at-risk students of the United States

and yet often lack the means to address effectively the

needs of these children. Intensive efforts should be made

to overcome the problems of geographic isolation, declining

population, inadequate financial resources and other impediments to the educational success of children residing

in rural areas.

ø(C) By the year 2000, an estimated 3,400,000 school

age children with limited-English proficiency will be entering the school system. The Federal Government should develop effective policies and programs to address the educational needs of this growing population of children who

are at increased risk of educational failure.

ø(D) An educational emergency exists in those urban

and rural areas where there are large concentrations of

children who live in poverty. The numbers of disadvantaged children will substantially increase by the year 2020,

when the number of impoverished children alone will be

16,500,000, a 33 percent increase over the 12,400,000 children in poverty in 1987.

ø(E) American Indian and Alaska Native students have

high dropout, illiteracy and poverty rates, and experience

cultural, linguistic, social and geographic isolation. The estimated 400,000 Indian and Alaska Native student population from over 500 Indian and Alaska Native tribes, is

small and scattered throughout remote reservations and

99

villages in 32 States, and in off-reservation rural and

urban communities where Indians constitute but a small

percentage of public school student bodies. To meaningfully address the special educational needs of this historically under-served population, the existing research and

development system should be opened to Indian and Alaska Native people to identify needs and design ways to address such needs.

ø(F) Minority scholars as well as institutions and groups

that have been historically committed to the improvement

of the education of at-risk students need to be more fully

mobilized in the effort to develop a new generation of programs, models, practices, and schools capable of responding to the urgent needs of students who are educationally

at-risk.

ø(2) PURPOSE.—It shall be the purpose of the Institute on the

Education of At-Risk Students to carry out a coordinated and

comprehensive program of research and development to provide nonpartisan, research-based leadership to the United

States as it seeks to improve educational opportunities for atrisk students. Such program shall—

ø(A) undertake research necessary to provide a sound

basis from which to identify, develop, evaluate, and assist

others to replicate and adapt interventions, programs, and

models which promote greater achievement and educational success by at-risk students, such as—

ø(i) methods of instruction and educational practices

(including community services) which improve the

achievement and retention of at-risk students;

ø(ii) the quality of educational opportunities afforded at-risk students, particularly the quality of educational opportunities afforded such students in highly

concentrated urban areas and sparsely populated rural

areas;

ø(iii) methods for overcoming the barriers to learning that may impede student achievement;

ø(iv) innovative teacher training and professional

development methods to help at-risk students meet

challenging standards;

ø(v) methods to improve the quality of the education

of American Indian and Alaska Native students not

only in schools funded by the Bureau, but also in public elementary and secondary schools located on or

near Indian reservations, including—

ø(I) research on mechanisms to facilitate the establishment of tribal departments of education

that assume responsibility for all education programs of State educational agencies operating on

an Indian reservation and all education programs

funded by the Bureau on an Indian reservation;

ø(II) research on the development of culturally

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raphy, history and social studies, and graduation

requirements related to such curriculum;

ø(III) research on methods for recruiting, training and retraining qualified teachers from American Indian and Alaska Native communities, including research to promote flexibility in the criteria for certification of such teachers;

ø(IV) research on techniques for improving the

educational achievement of American Indian and

Alaska Native students, including methodologies

to reduce dropout rates and increase graduation

by such students; and

ø(V) research concerning the performance by

American Indian and Alaska Native students of

limited-English proficiency on standardized

achievement tests, and related factors;

ø(vi) means by which parents and community resources and institutions (including cultural institutions) can be utilized to support and improve the

achievement of at-risk students;

ø(vii) the training of teachers and other educational

professionals and paraprofessionals to work more effectively with at-risk students;

ø(viii) the most effective uses of technology in the

education of at-risk students;

ø(ix) programs designed to promote gender equity in

schools that serve at-risk students;

ø(x) improving the ability of classroom teachers and

schools to assist new and diverse populations of students in successfully assimilating into the classroom

environment;

ø(xi) methods of assessing the achievement of students which are sensitive to cultural differences, provide multiple methods of assessing student learning,

support student acquisition of higher order capabilities, and enable identification of the effects of inequalities in the resources available to support the learning

of children throughout the United States; and

ø(xii) other topics relevant to the purpose of the Institute; and

ø(B) maximize the participation of those schools and institutions of higher education that serve the greatest number of at-risk students in inner city and rural areas, and

on Indian reservations, including model collaborative programs between schools and school systems, institutions of

higher education, cultural institutions, and community organizations.

ø(3) CONSULTATION WITH INDIAN AND ALASKA NATIVE EDUCATORS.—All research and development activities supported by

the Institute which relate to the education of Indian and Alaska Native students shall be developed in close consultation

with Indian and Alaska Native researchers and educators,

Tribally Controlled Community Colleges, tribal departments of

education, and others with expertise in the needs of Indian and

Native Alaska students.

101

ø(f) NATIONAL INSTITUTE ON EARLY CHILDHOOD DEVELOPMENT

AND EDUCATION.—

ø(1) FINDINGS.—The Congress finds as follows:

ø(A) Despite efforts to expand and improve preschool

programs, many children still reach school age unprepared

to benefit from formal education programs.

ø(B) Early intervention for disadvantaged children from

birth to age five has been shown to be a highly cost-effective strategy for reducing later expenditures on a wide variety of health, developmental, and educational problems

that often interfere with learning. Long-term studies of the

benefits of preschool education have a demonstrated return on investment ranging from three to six dollars for

every one dollar spent.

ø(C) The Federal Government should play a central role

in providing research-based information on early childhood

education models which enhance children’s development

and ultimately their success in school.

ø(2) PURPOSE.—The purpose of the National Institute on

Early Childhood Development and Education is to carry out a

comprehensive program of research and development to provide nonpartisan, research-based leadership to the United

States as it seeks to improve early childhood development and

education. Such program shall undertake research necessary to

provide a sound basis from which to identify, develop, evaluate,

and assist others to replicate methods and approaches that

promise to improve early childhood development and education, such as—

ø(A) social and educational development of infants, toddlers, and preschool children;

ø(B) the role of parents and the community in promoting

the successful social and educational development of children from birth to age five;

ø(C) topics relating to children’s readiness to learn, such

as prenatal care, nutrition, and health services;

ø(D) family literacy and parental involvement in student

learning;

ø(E) methods for integrating learning in settings other

than the classroom, particularly within families and communities;

ø(F) practices and approaches which sustain the benefits

of effective preschool and child care programs;

ø(G) effective learning methods and curriculum for early

childhood learning, including access to current materials

in libraries;

ø(H) the importance of family literacy and parental involvement in student learning;

ø(I) effective teaching and learning methods, and curriculum;

ø(J) instruction that considers the cultural environment

of children;

ø(K) access to current materials in libraries;

ø(L) the impact that outside influences have on learning,

including television, and drug and alcohol abuse;

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ø(M) the structure and environment of early childhood

education and child care settings which lead to improved

social and educational development;

ø(N) training and preparation of teachers and other professional and paraprofessional preschool and child care

workers;

ø(O) the use of technology, including methods to help

parents instruct their children; and

ø(P) other topics relevant to the purpose of the Institute.

ø(3) CERTAIN REQUIREMENTS.—In carrying out the activities

of the Institute, the Assistant Secretary shall ensure that the

Institute’s research and development program provides information that can be utilized in improving the major Federal

early childhood education programs.

ø(g) NATIONAL INSTITUTE ON EDUCATIONAL GOVERNANCE, FI- NANCE, POLICY-MAKING, AND MANAGEMENT.— ø(1) FINDINGS.—The Congress finds as follows:

ø(A) Many elementary and secondary schools in the

United States— ø(i) are structured according to models that are ineffective and rely on notions of management and governance that may be outdated or insufficient for the challenges of the next century; and

ø(ii) are unsuccessful in equipping all students with

the knowledge and skills needed to succeed as citizens

and in the working world.

ø(B) New approaches are needed in the governance and

management of elementary and secondary education within the United States at the State, local, school building

and classroom level.

ø(C) Not enough is known about the effects of various

systems of school governance and management on student

achievement to provide sound guidance to policymakers as

such policymakers pursue school restructuring and reform.

ø(D) A concentrated Federal effort is needed to support

research, development, demonstration, and evaluation of

approaches to school governance, finance and management

which promise to improve education equity and excellence

throughout the United States.

ø(2) PURPOSE.—It shall be the purpose of the National Institute on Educational Governance, Finance, Policy-Making, and

Management to carry out a coordinated and comprehensive

program of research and development to provide nonpartisan,

research-based leadership to the United States as it seeks to

improve student achievement through school restructuring and

reform. Such program shall undertake research necessary to

provide a sound basis from which to identify, develop and

evaluate approaches in elementary and secondary school governance, finance, policy-making, and management at the State,

local, tribal, school building and classroom level which promise

to improve educational equity and excellence, such as— ø(A) open enrollment programs, public school choice,

magnet schools and other systems through which parents

may select the public schools and educational programs in

which their children are enrolled;

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ø(B) innovative school design, including lengthening the

school day and the school year, reducing class size and

building professional development into the weekly school

schedule and, as appropriate, conducting such further research as may be recommended or suggested by the report

issued by the National Education Commission on Time

and Learning pursuant to section 102 of the Education

Council Act of 1991 (20 U.S.C. 1221–1 note);

ø(C) effective approaches to organizing learning;

ø(D) effective ways of grouping students for learning so

that a student is not labeled or stigmatized in ways that

may impede such student’s achievement;

ø(E) effective approaches to organizing, structuring, and

financing vocational education;

ø(F) the provision of financial and other rewards and incentives to schools and educators based on performance to

improve student achievement;

ø(G) the use of regulatory flexibility on the State or

school district level to promote innovation and school restructuring;

ø(H) policy decisions at all levels and the impact of such

decisions on school achievement and other student outcomes;

ø(I) the effective use of dollars for classroom construction;

ø(J) expanding the role of teachers in policymaking and

administration at the school and school district-wide level;

ø(K) disparity in school financing among States, school

districts, schools, and schools funded by the Bureau;

ø(L) the use of technology in areas such as assisting in

school-based management or ameliorating the effects of

disparity in school financing among States, school districts,

and schools funded by the Bureau;

ø(M) the involvement of parents and families in the

management and governance of schools and the education

of their children;

ø(N) effective approaches to increasing the representation of women and minorities among leadership and management positions in education;

ø(O) approaches to systemic reforms involving the coordination of multiple policies of each level of government

to promote higher levels of student achievement;

ø(P) approaches to coordinated services for children;

ø(Q) teacher certification at the State and tribal levels;

ø(R) school-based management, shared decisionmaking

and other innovative school structures, and State and local

reforms and educational policies, which show promise for

improving student achievement;

ø(S) policies related to school-to-work transitions and

preparing non-college-bound students; and

ø(T) other topics relevant to the mission of the Institute.

ø(h) NATIONAL INSTITUTE ON POSTSECONDARY EDUCATION, LIBRARIES, AND LIFELONG LEARNING.—

ø(1) FINDINGS.—The Congress finds as follows:

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ø(A) The American system of postsecondary education is

foremost in the world in such system’s achievement of both

academic excellence and equity in access, but maintaining

that preeminence requires renewed efforts to strengthen

the quality of postsecondary education. Disappointing student performance on achievement tests and licensure examinations, declining rates of postsecondary education persistence and completion among minorities, and other troubling trends in the quality of postsecondary education

should be addressed by the United States as part of its

overall drive to improve American education.

ø(B) The need to improve our economic productivity of

the United States to meet the competitive challenges of a

new, international economy, coupled with high levels of

mobility in the United States labor market and demographic changes in the workforce, now demands more and

higher quality programs of learning and training in the

American workplace.

ø(C) The more than 1,000,000 men and women incarcerated in the prisons and jails in the United States are

among the most severely educationally disadvantaged in

the United States, with high rates of functional illiteracy

and extremely low levels of educational attainment. Since

an estimated 90 percent of these individuals are expected

to be released by the end of the decade, the United States

must act to assure that our correctional system has the

means to equip these Americans with the knowledge and

skills they will need to participate productively in our society.

ø(D) The development of a ‘‘Nation of Students’’ capable

of and committed to the pursuit of formal and informal

lifelong learning and literacy is essential to sustain both

national and individual economic success and to provide a

nurturing environment in which all children and youth can

learn and achieve. Historically the most effective community resource for lifelong learning, the public library system of the United States, should expand and restructure

its delivery of services to take full advantage of the potential of new information technologies to meet the needs of

learning communities.

ø(2) PURPOSE.—The purpose of the National Institute on

Postsecondary Education, Libraries, and Lifelong Learning is

to promote greater coordination of Federal research and development on issues related to adult learning and to carry out a

program of research and development in adult learning to provide nonpartisan, research-based leadership to the United

States as it seeks to improve libraries, postsecondary education, literacy, and lifelong learning throughout the United

States. Such program—

ø(A) shall only support research and development in

those areas of postsecondary education, libraries, literacy,

and lifelong learning which are not being addressed by

other entities within the Federal Government;

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ø(B) may include basic and applied research, development, replication, and evaluation activities in areas such

as— ø(i) methods of assessing and evaluating individual,

program, and institutional performance;

ø(ii) the uses and applications of new technologies to

improve program effectiveness and enhance student

learning;

ø(iii) the most effective training methods for adults

to upgrade education and vocational skills;

ø(iv) opportunities for adults to continue their education beyond higher education and graduate school,

in the context of lifelong learning and informationfinding skills;

ø(v) adult literacy and effective methods, including

technology, to eliminate illiteracy;

ø(vi) preparing students for a lifetime of work, the

ability to adapt through retraining to the changing

needs of the work force and the ability to learn new

tasks;

ø(vii) the use of technology to develop and deliver effective training methods for adults to upgrade their

education and their vocational skills; and

ø(viii) institutional and classroom policies and practices at the postsecondary level necessary to improve

matriculation, persistence, achievement and graduation by students who are economically disadvantaged,

ethnic and racial minorities, women, older, working,

and who have children;

ø(ix) instructional practices and programs which are

effective in correctional settings;

ø(x) new models of service delivery for public library

systems which expand opportunities for lifelong learning;

ø(xi) effective programs and approaches which promote greater access to and success by minorities in

postsecondary programs which prepare such minorities for scientific, technical, teaching, and health career fields;

ø(xii) effective teaching for the preparation and continuing education of teachers;

ø(xiii) the development and evaluation of curricular

materials for the initial and continuing education of

teachers and teacher educators;

ø(xiv) the role of Historically Black Colleges and

Universities, Tribally Controlled Indian Community

Colleges, women’s colleges, and other special mission

institutions in providing access, excellence, and equal

opportunity in higher education;

ø(xv) methods for evaluating the quality of education at different types of institutions of higher education at all levels and the roles and responsibilities of

regional and national accrediting agencies;

ø(xvi) methods for evaluating the productivity of different types of institutions of higher education;

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ø(xvii) financial barriers to postsecondary educational opportunity, including—

ø(I) the role of Federal programs authorized

under title IV of the Higher Education Act of 1965

and State grant and work programs in mitigating

such barriers;

ø(II) the impact of the rising total cost of postsecondary education on access to higher education;

and

ø(III) the extent and impact of student reliance

on loans to meet the costs of higher education;

ø(xviii) opportunities for adults to continue their

education beyond higher education and graduate

school, in the context of lifelong learning and information-finding skills;

ø(xix) preparing students for a lifetime of work, the

ability to adapt through retraining to the changing

needs of the work force and the ability to learn new

tasks; and

ø(xx) other topics relevant to the mission of the Institute.

ø(3) INVOLVEMENT OF CERTAIN AGENCIES AND ORGANIZATIONS.—In promoting coordination and collaboration on research and development on issues related to postsecondary

education, literacy, libraries, and lifelong learning, the Institute shall, as appropriate, seek the involvement—

ø(A) within the Department of Education of—

ø(i) the Office of Library Programs;

ø(ii) the Office of Correctional Education;

ø(iii) the Office of Vocational and Adult Education;

ø(iv) the National Institute on Disability and Rehabilitation Research; and

ø(v) the Office of Postsecondary Education;

ø(B) of the National Institute for Literacy;

ø(C) of the National Board for Professional Teaching

Standards;

ø(D) of the Employment and Training Administration of

the Department of Labor;

ø(E) of the Administration for Children and Families

within the Department of Health and Human Services;

ø(F) of the National Institutes of Health;

ø(G) of the National Endowment for the Humanities;

ø(H) of the National Endowment for the Arts;

ø(I) of the Bureau of Prisons of the Department of Justice;

ø(J) of the Department of Commerce;

ø(K) of the Department of Defense; and

ø(L) of the Office of Indian Education Programs of the

Department of the Interior.

ø(4) ADDITIONAL RESPONSIBILITIES.—In addition to the responsibilities described in paragraph (2), the Assistant Secretary shall ensure that the activities of the National Center

on Literacy are fully coordinated with those of the National Institute for Literacy.

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ø(i) COORDINATION AND RESEARCH SYNTHESIS.—The Assistant

Secretary shall promote and provide for research syntheses and the

coordination of research and development activities among the Institutes established by this section to investigate those cross-cutting disciplines and areas of inquiry which are relevant to the missions of more than one of the Institutes. Such activities—

ø(1) may be carried out jointly by any one of the Institutes

and—

ø(A) one (or more) of the Institutes;

ø(B) the National Center for Education Statistics; or

ø(C) any research and development entity administered

by other offices of the Department of Education or by any

other Federal agency or department; and

ø(2) shall meet all the standards developed by the Assistant

Secretary and approved by the Board for other research and

development conducted by the Office.

ø(j) DATES FOR ESTABLISHMENT OF INSTITUTES.—The National

Institute on the Education of At-Risk Students, the National Institute on Educational Governance, Finance, Policy-Making, and Management, the National Institute on Early Childhood Development

and Education, the National Institute on Student Achievement,

Curriculum, and Assessment and the National Institute on Postsecondary Education, Libraries, and Lifelong Learning shall each be

established on October 1, 1995.

øPART D—NATIONAL EDUCATION

DISSEMINATION SYSTEM

øSEC. 941. ESTABLISHMENT WITHIN OFFICE OF EDUCATIONAL RESEARCH AND IMPROVEMENT.

ø(a) IN GENERAL.—

ø(1) FINDINGS.—The Congress finds as follows:

ø(A) In order to improve the American educational system for all students, achieve the National Education Goals,

and provide for greater educational equity, policymakers,

administrators, teachers, and parents must have ready access to the best information and methods available as a result of educational research and development.

ø(B) The Office of Educational Research and Improvement should have as one of its primary purposes the dissemination of such information and methods in order to

assist the national education reform effort.

ø(C) All current resources within the Office, the Department of Education, and other agencies that can help accomplish the purposes described in subparagraph (B)

should be coordinated by the Assistant Secretary, to the

extent practicable, so as to form a systematic process to accomplish such purposes.

ø(D) Education research has the capacity to improve

teaching and learning in our Nation’s schools, however,

teachers need training in the skills necessary to translate

research into practice and to allow teachers to become

knowledgeable practitioners and leaders in educational improvement.

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ø(E) Adequate linkages between research and development providers and practitioners are essential to ensuring

that research on effective practice is useful, disseminated

to and supported with technical assistance for all educators, and that all educators are partners in the research

and development process.

ø(2) PURPOSE.—The purpose of this section is to— ø(A) create a national system of dissemination, development, and educational improvement in order to create,

adapt, identify, validate, and disseminate to educators,

parents, and policymakers those educational programs

that have potential or have been shown to improve educational opportunities for all students; and

ø(B) empower and increase the capacity of teachers to

participate in the research and development process.

ø(3) DEFINITION OF EDUCATIONAL PROGRAM.—For the purposes of this section, the term ‘‘educational program’’ includes

educational policies, research findings, practices, and products.

ø(b) ESTABLISHMENT OF OFFICE.— ø(1) IN GENERAL.—There is established within the Office an

Office of Reform Assistance and Dissemination (hereafter in

this section referred to as the ‘‘Dissemination Office’’) through

which the Secretary shall carry out all functions and activities

described in this section. Such office shall be headed by a Director who shall be appointed by the Assistant Secretary and

have demonstrated expertise and experience in dissemination,

including promoting the effective use of research in the classroom.

ø(2) CERTAIN DUTIES.—The Dissemination Office shall— ø(A) disseminate relevant and useful research, information, products, and publications developed through or

supported by the Department of Education to schools, educators, parents, and policymakers throughout the United

States;

ø(B) operate a depository for all Department of Education publications and products and make available for

reproduction such publications and products;

ø(C) provide technical and financial assistance to individuals and organizations in the process of developing

promising educational programs but who might not, without such assistance, be able to complete necessary development and assessment activities;

ø(D) coordinate the dissemination efforts of the Office,

the regional educational laboratories, the research institutes, the National Diffusion Network, and the Educational Resources Information Center Clearinghouses;

ø(E) provide training and technical assistance regarding

the implementation and adoption of exemplary and promising programs by interested entities;

ø(F) carry out a program of research on models for successful knowledge dissemination, and utilization, and

strategies for reaching education policymakers, practitioners, and others interested in education;

ø(G) develop the capacity to connect schools and teachers

seeking information with the relevant regional educational

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laboratories assisted under subsection (h), the National

Diffusion Network, the Institutes assisted under this section, and the Educational Resources Information Center

Clearinghouses; and

ø(H) provide a biennial report to the Secretary regarding

the types of information, products, and services that teachers, schools, and school districts have requested and have

determined to be most useful, and describe future plans to

adapt Department of Education products and services to

address the needs of the users of such information, products, and services.

ø(3) ADDITIONAL DUTIES.—The Dissemination Office shall

carry out a process for the identification of educational programs that work, dissemination through electronic networking

and new technologies and the functions and activities performed by the following:

ø(A) The Educational Resources Information Center

Clearinghouses.

ø(B) The regional educational laboratories.

ø(C) The Teacher Research Dissemination Demonstration Program.

ø(D) The Goals 2000 Community Partnerships Program.

ø(E) The existing National Diffusion Network and its

Developer-Demonstrator and State Facilitator projects.

ø(F) Such other programs, activities, or entities the Secretary determines are consistent with purposes for which

the Dissemination Office is established.

ø(c) IDENTIFICATION OF PROGRAMS.—The Assistant Secretary

shall coordinate a process through which successful educational

programs are actively sought out for possible dissemination

through the national educational dissemination system. Such process shall, at a minimum, have the capability to—

ø(1) work closely with the Institutes, research and development centers, regional educational laboratories, the National

Diffusion Network and its Developer-Demonstrator and State

Facilitator projects, learning grant institutions established

under the Goals 2000 Community Partnerships Program, Department of Education-supported technical assistance providers, and other entities to identify successful educational programs at the regional, State, local, or classroom level;

ø(2) review successful educational programs supported by the

Department of Education through all of its programs;

ø(3) through cooperative agreements, review for possible inclusion in the system educational programs administered by

the Departments of Health and Human Services (particularly

the Head Start program), Labor, and Defense, the National

Science Foundation, the Department of the Interior (particularly the Office of Indian Education Programs), and any other

appropriate Federal agency; and

ø(4) provide for an active outreach effort to identify successful educational programs through cooperative arrangements

with State and local education agencies, teachers and teacher

organizations, curriculum associations, foundations, private

schools, institutions of higher education, and other entities

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that could enhance the ability of the Secretary to identify programs for possible inclusion in the dissemination system.

ø(d) DESIGNATION OF EXEMPLARY AND PROMISING PROGRAMS.—

ø(1) IN GENERAL.—The Assistant Secretary, in consultation

with the Board, shall establish 1 or more panels of appropriately qualified experts and practitioners to—

ø(A) evaluate educational programs that have been identified by the Secretary under subsection (c) or that have

been submitted to the Secretary for such evaluation by

some other individual or organization; and

ø(B) recommend to the Secretary programs that should

be designated as exemplary or promising educational programs.

ø(2) CONSIDERATIONS IN MAKING RECOMMENDATIONS.—In determining whether an educational program should receive a

recommendation under paragraph (1), a panel established

under such paragraph shall consider—

ø(A) whether, based on empirical data, which may include test results, the program is effective and should be

designated as exemplary and disseminated through the national dissemination system; or

ø(B) whether there is sufficient evidence to lead a panel

of experts and practitioners to believe that the program

shows promise for improving student achievement and

should be designated as promising and disseminated

through the national dissemination system while the program continues to be evaluated.

ø(3) REQUIREMENT REGARDING APPROVAL OF PROGRAMS.—In

seeking out programs for approval under paragraph (2), the

Assistant Secretary shall seek programs that may be implemented at the State, local, and classroom level.

ø(4) REQUIREMENTS REGARDING PANELS.—

ø(A) A panel shall not eliminate a program from consideration under this subsection based solely on the fact that

the program does not have one specific type of supporting

data, such as test scores.

ø(B) The Assistant Secretary may not designate a program as exemplary or promising unless a panel established under paragraph (1) has recommended that the program be so designated.

ø(C) The Secretary shall establish such panels under

paragraph (1) as may be necessary to ensure that each

program identified or submitted for evaluation is evaluated.

ø(D) Not less than 2⁄3 of the membership of a panel established under paragraph (1) shall consist of individuals

who are not officers or employees of the United States.

Members of panels under paragraph (1) who are not employees of the United States shall receive compensation for

each day they are engaged in carrying out the duties of the

panel as well as compensation for their expenses.

ø(e) DISSEMINATION OF EXEMPLARY AND PROMISING PROGRAMS.—

In order to ensure that programs identified as exemplary or promising are available for adoption by the greatest number of teachers,

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schools, local and State education agencies, and Bureau-funded

schools, the Assistant Secretary shall utilize the capabilities of— ø(1) the Educational Resources Information Center Clearinghouses;

ø(2) electronic networking;

ø(3) the regional educational laboratories;

ø(4) the National Diffusion Network;

ø(5) entities established under the Goals 2000 Community

Partnerships Program;

ø(6) department-supported technical assistance providers;

ø(7) the National Library of Education; and

ø(8) other public and private nonprofit entities, including existing education associations and networks, that have the capability to assist educators in adopting exemplary and promising

programs.

ø(f) EDUCATIONAL RESOURCES INFORMATION CENTER CLEARING- HOUSES.—

ø(1) IN GENERAL.—The Assistant Secretary shall establish a

system of 16 clearinghouses having, at a minimum, the functions and scope of work as the clearinghouses had on the day

preceding the date of the enactment of this title. The Assistant

Secretary shall establish for the clearinghouses a policy for the

abstraction from, and inclusion in, the Educational Resources

Information Center Clearinghouses system for books, periodicals, reports, and other materials related to education.

ø(2) ADDITIONAL FUNCTIONS.—In addition to those functions

carried out by the clearinghouses on the day preceding the

date of the enactment of this title, such clearinghouses may— ø(A) periodically produce interpretive summaries, digests, and syntheses of the results and findings of education-related research and development; and

ø(B) contain and make available to users information

concerning those programs designated as exemplary and

promising under subsection (d).

ø(3) COORDINATION OF ACTIVITIES.—The Assistant Secretary

shall assure that the functions and activities of such clearinghouses are coordinated with the activities of the Institutes, the

regional educational laboratories, learning grant institutions,

other clearinghouses supported by the Department of Education, the National Diffusion Network, and other appropriate

entities within the Office and such Department.

ø(4) SPECIAL RESPONSIBILITIES OF THE SECRETARY.—To assure that the information provided through such clearinghouses is fully comprehensive, the Secretary shall—

ø(A) require that all reports, studies, and other resources produced directly or by grant or contract with the

Department of Education are made available to clearinghouses;

ø(B) establish cooperative agreements with the Departments of Defense, Health and Human Services, Interior,

and other Federal departments and agencies to assure

that all education-related reports, studies, and other resources produced directly or by grant from or contract with

the Federal Government are made available to such clearinghouses; and

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ø(C) devise an effective system for maximizing the identification, synthesis, and dissemination of information related to the needs of Indian and Alaska Native children.

ø(5) COPYRIGHT PROHIBITED.—

ø(A) No clearinghouse or other entity receiving assistance under this subsection may copyright or otherwise

charge a royalty or other fee that—

ø(i) is for the use or redissemination of any database, index, abstract, report, or other information produced with assistance under this subsection; and

ø(ii) exceeds the incremental cost of disseminating

such information.

ø(B) For purposes of subparagraph (A), the incremental

cost of dissemination does not include any portion of the

cost of collecting, organizing, or processing the information

which is disseminated.

ø(g) DISSEMINATION THROUGH NEW TECHNOLOGIES.—

ø(1) IN GENERAL.—The Assistant Secretary is authorized to

award grants or contracts in accordance with this subsection to

support the development of materials, programs, and resources

which utilize new technologies and techniques to synthesize

and disseminate research and development findings and other

information which can be used to support educational improvement.

ø(2) ELECTRONIC NETWORKING.—

ø(A) ELECTRONIC NETWORK.—The Assistant Secretary,

acting through the Office of Reform Assistance and Dissemination, shall establish and maintain an electronic network which shall, at a minimum, link—

ø(i) each office of the Department of Education;

ø(ii) the Institutes established by section 931;

ø(iii) the National Center for Education Statistics;

ø(iv) the National Library of Education; and

ø(v) entities engaged in research, development, dissemination, and technical assistance under grant

from, or contract, or cooperative agreement with, the

Department of Education.

ø(B) CERTAIN REQUIREMENTS FOR NETWORK.—The network described in subparagraph (A) shall—

ø(i) to the extent feasible, build upon existing national, regional, and State electronic networks and

support video, telecomputing, and interactive communications;

ø(ii) at a minimum, have the capability to support

electronic mail and file transfer services;

ø(iii) be linked to and accessible to other users, including State and local education agencies, institutions

of higher education, museums, libraries, and others

through the Internet and the National Research and

Education Network; and

ø(iv) be provided at no cost (excluding the costs of

necessary hardware) to the contractors and grantees

described in clause (v) of subparagraph (A) and to educational institutions accessing such network through

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the Internet and the National Research and Education

Network.

ø(C) the creation of any such additional laboratory region is announced at the time of the announcement of the

competition for contracts for all regional educational laboratories;

ø(D) the creation of a regional educational laboratory

that involves the combination or subdivision of a region or

regions in existence on the day preceding the date of enactment of this Act in which States in 1 such region are

combined with States in another such region does not result in any region in existence on such date permanently

becoming part of a larger region, nor result in any such region permanently subsuming another region, nor creates

within the continental United States a region that is

smaller than 4 contiguous States, nor partitions a region

in existence on the day preceding the date of the enactment of this Act to include less than 4 contiguous States

included in the region on the day preceding the date of enactment of this Act;

ø(E) the Assistant Secretary has published a notice in

the Federal Register inviting the public, for a period of not

less than 60 days, to make recommendations with respect

to the creation of 1 or 2 additional regional educational

laboratories;

ø(F) the Assistant Secretary has solicited and received

letters of support for the creation of any new region from

the Chief State School Officers and State boards of education in each of the contiguous States that would be included in such new region.

ø(3) DUTIES.—Each regional educational laboratory receiving

assistance under this section shall promote the implementation

of broad-based systemic school improvement strategies and

shall have as such laboratory’s central mission and primary

function to—

ø(A) develop and disseminate educational research products and processes to schools, teachers, local educational

agencies, State educational agencies, librarians, and

schools funded by the Bureau, as appropriate, and through

such development and dissemination, and provide technical assistance, to help all students meet standards;

ø(B) develop a plan for identifying and serving the needs

of the region by conducting a continuing survey of the educational needs, strengths, and weaknesses within the region, including a process of open hearings to solicit the

views of schools, teachers, administrators, parents, local

educational agencies, librarians, and State educational

agencies within the region;

ø(C) provide technical assistance to State and local educational agencies, school boards, schools funded by the Bureau, as appropriate, State boards of education, schools,

and librarians;

ø(D) facilitate school restructuring at the individual

school level, including technical assistance for adapting

model demonstration grant programs to each school;

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ø(E) serve the educational development needs of the region by providing education research in usable forms in

order to promote school improvement and academic

achievement and to correct educational deficiencies;

ø(F) facilitate 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 National Education Goals;

ø(G) provide training in— ø(i) the field of education research and related

areas;

ø(ii) the use of new educational methods; and

ø(iii) the use of information-finding methods, practices, techniques, and products developed in connection with such training for which the regional educational laboratory may support internships and fellowships and provide stipends;

ø(H) use applied educational research to assist in solving

site-specific problems and to assist in development activities;

ø(I) conduct applied research projects designed to serve

the particular needs of the region only in the event that

such quality applied research does not exist as determined

by the regional education laboratory or the Department of

Education;

ø(J) collaborate and coordinate services with other technical assistance providers funded by the Department of

Education;

ø(K) provide support and technical assistance in— ø(i) replicating and adapting exemplary and promising practices;

ø(ii) the development of high-quality, challenging

curriculum frameworks;

ø(iii) the development of valid, reliable assessments

which are linked to State, local, or Bureau-funded content and student performance standards and reflect

recent advances in the field of educational assessment;

ø(iv) the improvement of professional development

strategies to assure that all teachers are prepared to

teach a challenging curriculum;

ø(v) expanding and improving the use of technology

in education to improve teaching and learning;

ø(vi) the development of alternatives for restructuring school finance systems to promote greater equity in the distribution of resources; and

ø(vii) the development of alternative administrative

structures which are more conducive to planning, implementing, and sustaining school reform and improved educational outcomes; and

ø(L) bring teams of experts together to develop and implement school improvement plans and strategies.

ø(4) NETWORKING.—In order to improve the efficiency and effectiveness of the regional laboratories, the governing boards of

the regional laboratories shall establish and maintain a network to—

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ø(A) share information about the activities each laboratory is carrying out;

ø(B) plan joint activities that would meet the needs of

multiple regions;

ø(C) create a strategic plan for the development of activities undertaken by the laboratories to reduce redundancy

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

ø(D) otherwise devise means by which the work of the

individual laboratories could serve national, as well as regional, needs.

ø(5) ADDITIONAL DUTIES.—Each regional education laboratory receiving assistance under this subsection shall carry out

the following activities:

ø(A) Collaborate with the Institutes established under

section 931 in order to— ø(i) maximize the use of research conducted through

the Institutes in the work of such laboratory;

ø(ii) keep the Institutes apprised of the work of the

regional educational laboratory in the field; and

ø(iii) inform the Institutes about additional research

needs identified in the field.

ø(B) Consult with the State educational agencies and library agencies in the region in developing the plan for

serving the region.

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

ø(D) Report and disseminate information on overcoming

the obstacles faced by rural educators and rural schools.

ø(E) 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 laboratories so that such programs

may be considered for inclusion in the national education

dissemination system.

ø(6) CERTAIN REQUIREMENTS.—In carrying out its responsibilities, each regional educational laboratory shall— ø(A) establish a governing board that— ø(i) reflects a balanced representation of the States

in the region, as well as the interests and concerns of

regional constituencies, and that includes teachers and

education researchers;

ø(ii) is the sole entity that— ø(I) guides and directs the laboratory in carrying out the provisions of this subsection and satisfying the terms and conditions of the contract

award;

ø(II) determines the regional agenda of the laboratory;

ø(III) engages in an ongoing dialogue with the

Assistant Secretary concerning the laboratory’s

goals, activities, and priorities; and

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ø(IV) determines at the start of the contract period, subject to the requirements of this section

and in consultation with the Assistant Secretary,

the mission of the regional educational laboratory

for the duration of the contract period;

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

the laboratory’s work and products;

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

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

ø(v) directs the regional educational laboratory to

carry out the laboratory’s duties in a manner as will

make progress toward achieving the National Education Goals and reforming schools and educational

systems; and

ø(vi) 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.

ø(B) Comply with the standards developed by the Assistant Secretary and approved by the Board under section

912.

ø(C) Coordinate its activities, collaborate, and regularly

exchange information with the Institutes established

under section 941, the National Diffusion Network, and its

Developer-Demonstrator and State Facilitator projects,

learning grant institutions and district education agents

assisted under subsection (i), the Educational Resources

Information Center Clearinghouses, and other entities engaged in technical assistance and dissemination activities

which are supported by other offices of the Department of

Education.

ø(D) Allocate the regional educational laboratory’s resources to and within each State in a manner which reflects the need for assistance, taking into account such factors as the proportion of economically disadvantaged students, the increased cost burden of service delivery in

areas of sparse populations, and any special initiatives

being undertaken by State, intermediate, local educational

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

may require special assistance from the laboratory.

ø(7) EVALUATIONS.—The Assistant Secretary shall provide

for independent evaluations of each of the regional educational

laboratories in carrying out the duties described in paragraph

(1) in the third year that such laboratory receives assistance

under this subsection in accordance with the standards developed by the Assistant Secretary and approved by the Board

and shall transmit the results of such evaluations to the relevant committees of the Congress, the Board, and the appropriate regional educational laboratory board.

ø(8) INVITATION REGARDING COMPETITION FOR AWARDS OF AS- SISTANCE.—Prior to awarding a grant or entering into a contract under this section, the Secretary shall invite applicants,

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including the regional educational laboratories in existence on

the day preceding the date of enactment of this Act, to compete

for such award through notice in the Federal Register and in

the publication of the Department of Commerce known as the

Commerce Business Daily.

ø(9) APPLICATION FOR ASSISTANCE.—Each application for assistance under this subsection shall—

ø(A) cover not less than a 5-year period;

ø(B) describe how the applicant would carry out the activities required by this subsection; and

ø(C) contain such additional information as the Secretary may reasonably require.

ø(10) RULE OF CONSTRUCTION.—No regional educational laboratory receiving assistance under this subsection shall, by

reason of the receipt of that assistance, be ineligible to receive

any other assistance from the Department of Education as authorized by law or be prohibited from engaging in activities involving international projects or endeavors.

ø(11) ADVANCE PAYMENT SYSTEM.—Each regional educational

laboratory shall participate in the advance payment system at

the Department of Education.

ø(12) ADDITIONAL PROJECTS.—In addition to activities described in paragraph (3), the Assistant Secretary, from

amounts appropriated pursuant to subsection (h), is authorized

to enter into 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 the National Education Goals and for other purposes.

ø(13) PLAN.—Not later than July 1 of each year, each regional educational laboratory shall submit to the Assistant Secretary 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—

ø(A) the plans such laboratory expects to submit in the

remaining years of such laboratory’s contract; and

ø(B) an assessment of how well such laboratory is meeting the needs of the region.

ø(14) CONSTRUCTION.—Nothing in this subsection shall be

construed to require any modifications in the regional educational laboratory contracts in effect on the day preceding the

date of enactment of this title.

ø(i) GOALS 2000 COMMUNITY PARTNERSHIPS PROGRAM.—

ø(1) PURPOSE.—The purpose of the Goals 2000 Community

Partnerships program is to improve the quality of learning and

teaching in the most impoverished urban and rural communities of the United States by supporting sustained collaborations between universities, schools, businesses, and communities which apply and utilize the results of educational research and development.

ø(2) GRANTS FOR GOALS 2000 COMMUNITY PARTNERSHIPS.—

The Assistant Secretary is authorized to make grants to eligible entities to support the establishment of Learning Grant Institutions and District Education Agents and the activities authorized under this subsection within eligible communities.

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ø(3) DEFINITION OF ELIGIBLE ENTITY AND ELIGIBLE COMMU- NITY.—For the purposes of this subsection:

ø(A) The term ‘‘eligible entity’’ includes any institution of

higher education, regional educational laboratory, National

Diffusion Network project, national research and development center, public or private nonprofit corporation, or any

consortium thereof, that— ø(i) has demonstrated experience, expertise and

commitment in serving the educational needs of atrisk students; and

ø(ii) is, by virtue of its previous activities, knowledgeable about the unique needs and characteristics of

the community to be served.

ø(B) The term ‘‘eligible community’’ means a unit of general purpose local government (such as a city, township, or

village), a nonmetropolitan county, tribal village, or a geographically distinct area (such as a school district, school

attendance area, ward, precinct or neighborhood), or any

group of such entities that— ø(i) has a population of not less than 200,000 and

not more than 300,000; and

ø(ii) in which not less than one-half of the school-age

children have family incomes which are below the poverty line, as determined by the 1990 United States

Census, participation in the National School Lunch

program, or other current, reliable data concerning

family income.

ø(4) GOALS 2000 COMMUNITY PARTNERSHIPS.—Each learning

grant institution receiving assistance under this subsection

shall establish a Goals 2000 community partnership to carry

out the activities authorized under this subsection. Such

partnership— ø(A) shall include the participation of one or more local

educational agencies, institutions of higher education, community-based organizations, parents, teachers, and the

business community;

ø(B) may include the participation of human, social service and health care agencies, Head Start and child care

agencies, libraries, museums, employment and training

agencies, and the State educational agency or tribal department of education; and

ø(C) shall be broadly representative of all segments of

the community in which the activities will be carried out.

ø(5) COMPREHENSIVE GOALS 2000 PLAN.—Each Goals 2000

Community Partnership shall develop a comprehensive plan

for assuring educational success and high achievement for all

students in the community. Each such plan shall—

ø(A) adopt the National Education Goals;

ø(B) identify additional needs and goals for educational

improvement within the community;

ø(C) focus on helping all students reach challenging content and student performance standards;

ø(D) be consistent with the State and local improvement

plans for system-wide education improvement developed

pursuant to title III;

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ø(E) establish a comprehensive community-wide plan for

achieving such goals; and

ø(F) develop a means for measuring the progress of the

community in meeting such goals for improvement.

ø(6) IMPLEMENTATION OF COMMUNITY-WIDE PLAN.—Each

Goals 2000 Community Partnership shall, utilizing the District

Education Agent, provide assistance in implementing the community-wide plan for educational improvement by— ø(A) supporting innovation, restructuring, and continuous improvement in educational practice by— ø(i) disseminating information throughout the community about exemplary and promising educational

programs, practices, products, and policies;

ø(ii) evaluating the effectiveness of federally funded

educational programs within the community and identifying changes in such programs which are likely to

improve student achievement;

ø(iii) identifying, selecting and replicating exemplary

and promising educational programs, practices, products, and policies in both in- and out-of-school settings;

ø(iv) applying educational research to solve specific

problems in the classroom, home and community

which impede learning and student achievement; and

ø(v) supporting research and development by teachers, school administrators, and other practitioners

which promise to improve teaching and learning and

the organization of schools;

ø(B) improving the capacity of educators, school administrators, child care providers and other practitioners to prepare all students to reach challenging standards and to attain the goals set out in the comprehensive communitywide plan through such means as— ø(i) the training of prospective and novice teachers

(including preschool and early childhood educators) in

a school setting under the guidance of master teachers

and teacher educators;

ø(ii) training and other activities to promote the continued learning and professional development of experienced teachers, related services personnel, school administrators to assure that such teachers develop the

subject matter and pedagogical expertise needed to

prepare all students to reach challenging standards;

ø(iii) training and other activities to increase the

ability of prospective, novice, and experienced teachers

to teach effectively at-risk students, students with disabilities, students with limited-English proficiency,

and students from diverse cultural backgrounds; and

ø(iv) programs to enhance teaching and classroom

management skills, including school-based management skills, of novice, prospective, and experienced

teachers;

ø(C) promoting the development of an integrated system

of service delivery to children from birth through age 18

and their families by facilitating linkages and cooperation

among—

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ø(i) local educational agencies;

ø(ii) health and social services agencies and providers;

ø(iii) juvenile justice and criminal justice agencies;

ø(iv) providers of employment training; and

ø(v) child care, Head Start, and other early childhood agencies; and

ø(D) mobilizing the resources of the community in support of student learning and high achievement by facilitating effective partnerships and collaboration among— ø(i) local educational agencies;

ø(ii) postsecondary educational institutions;

ø(iii) public libraries;

ø(iv) parents;

ø(v) community-based organizations, neighborhood

associations, and other civic and community organizations;

ø(vi) child care, Head Start, and other early childhood agencies;

ø(vii) churches, synagogues and other religious institutions;

ø(viii) labor organizations; and

ø(ix) business and industry.

ø(7) ADDITIONAL REQUIREMENTS.—In carrying out its responsibilities under this subsection, each partnership receiving assistance under this subsection shall— ø(A) appoint a District Education Agent who shall be responsible, on a full-time basis, for directing the implementation of the community-wide plan, who shall have significant experience and expertise in the field of education in— ø(i) addressing the needs of at-risk students; and

ø(ii) conducting educational research and promoting

the application of the results of such research to educational practice;

ø(B) provide for such other professional and support personnel as may be necessary to implement the communitywide plan under the direction of the District Education

Agent; and

ø(C) coordinate the partnership’s activities and work cooperatively with the National Diffusion Network State

facilitators, regional educational laboratories, and other

components of the Office to utilize most effectively Federal

research, development, and dissemination resources in implementing the community-wide plan.

ø(8) APPLICATION FOR GRANTS.—Any eligible entity desiring

a grant under this subsection shall submit an application to

the Assistant Secretary at such time, in such manner, and accompanied by such information as the Assistant Secretary may

reasonably require. Each such application shall— ø(A) include a comprehensive plan for meeting the objectives and requirements of this subsection; and

ø(B) provide evidence of support for the application from

local elected officials, the State educational agency, the

local educational agency, parents, local community leaders,

businesses, and other appropriate organizations.

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ø(9) PRIORITY IN MAKING GRANTS; DURATION AND AMOUNT OF

GRANT.—Each grant made under this subsection shall be— ø(A) awarded on a competitive basis, with first priority

given to those applications from communities with the

greatest percentage of school-age children in families with

poverty-level incomes;

ø(B) made for a 5-year period, with funding for the second and each succeeding year in such period conditioned

upon a determination by the Assistant Secretary that the

grant recipient has complied with the conditions of the

grants during the previous year; and

ø(C) an amount equal to not less than $1,000,000 per

year.

ø(10) LIMITATION OF ONE GRANT PER CONGRESSIONAL DISTRICT.—Not more than one grant under this subsection shall

be awarded within a single congressional district.

ø(11) TECHNICAL ASSISTANCE; EVALUATIONS.—In administering the program authorized under this subsection, the Assistant Secretary shall, either directly or through grant or contract with an eligible nonprofit agency—

ø(A) upon request, provide technical assistance to eligible entities to assist in the development of a comprehensive community-wide plan to meet the requirements of this

subsection and in the preparation of applications for assistance;

ø(B) regularly provide technical assistance to learning

grant institutions receiving assistance under this subsection to assist with the development and implementation

of the comprehensive community-wide plan for educational

improvement;

ø(C) provide for an independent evaluation of the activities assisted under this subsection, including—

ø(i) the impact of the Goals 2000 Community Partnerships program on children and families within each

community, including effects on the extent of educational achievement, rates of school retention and

completion, and enrollment in postsecondary educational programs; and

ø(ii) whether an intensified effort to apply and utilize educational research within a limited geographic

area significantly improves student learning and

achievement; and

ø(D) plan for the expansion of the Goals 2000 Community Partnerships program throughout the remainder of

the United States beginning in fiscal year 1999.

øPART E—NATIONAL LIBRARY OF EDUCATION

øSEC. 951. ESTABLISHMENT WITHIN OFFICE OF EDUCATIONAL RESEARCH AND IMPROVEMENT.

ø(a) IN GENERAL.—There is established within the Department of

Education a National Library of Education (hereafter in this section referred to as the ‘‘Library’’), which shall be maintained by the

Department of Education as a governmental activity.

ø(b) FUNCTIONS OF LIBRARY.—The functions of the Library are—

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ø(1) to provide a central location within the Federal Government for information about education;

ø(2) to provide comprehensive reference services on matters

related to education to employees of the Department of Education and its contractors and grantees, other Federal employees, and members of the public; and

ø(3) to promote greater cooperation and resource sharing

among providers and repositories of education information in

the United States.

ø(c) MISSION.—The mission of the Library shall be to— ø(1) become a principal center for the collection, preservation, and effective utilization of the research and other information related to education and to the improvement of educational achievement;

ø(2) strive to ensure widespread access to the Library’s facilities and materials, coverage of all education issues and subjects, and quality control;

ø(3) have an expert library staff; and

ø(4) use modern information technology that holds the potential to link major libraries, schools, and educational centers

across the United States into a network of national education

resources.

ø(d) ONE-STOP INFORMATION AND REFERRAL SERVICE.—The Library shall establish and maintain a central information and referral service to respond to telephonic, mail and electronic and other

inquiries from the public concerning— ø(1) programs and activities of the Department of Education;

ø(2) publications produced by the Department of Education

and, to the extent feasible, education related publications produced by the Departments of Labor, Health and Human Services, and other Federal departments and agencies;

ø(3) services and resources available to the public through

the Office, including the Educational Resources Information

Center Clearinghouses, the research institutes, and the national education dissemination system;

ø(4) statistics and other information produced by the National Center for Education Statistics; and

ø(5) referrals to additional sources of information and expertise about educational issues which may be available through

educational associations and foundations, the private sector,

colleges and universities, libraries and bibliographic databases.

The Library shall maintain and actively publicize a toll-free telephone number through which public inquiries to the Library may

be made.

ø(e) COMPREHENSIVE REFERENCE SERVICES.—

ø(1) IN GENERAL.—The Library shall, to the extent feasible,

provide for the delivery of a full range of reference services on

subjects related to education to employees of the Department

of Education and such Department’s contractors and grantees,

other Federal employees, and members of the general public.

Such services may include— ø(A) specialized subject searches;

ø(B) search and retrieval of electronic databases;

ø(C) document delivery by mail and facsimile transmission;

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ø(D) research counseling, bibliographic instruction, and

other training services;

ø(E) interlibrary loan services; and

ø(F) selective dissemination of information services.¿

* * * * * * *

øPART K—COMPREHENSIVE REGIONAL

ASSISTANCE CENTERS

øSEC. 1002. REQUIREMENTS OF COMPREHENSIVE REGIONAL ASSISTANCE CENTERS.

ø(a) IN GENERAL.—Each comprehensive regional assistance center established under section 1001(a) shall— ø(1) maintain appropriate staff expertise and provide support, training, and assistance to State educational agencies,

tribal divisions of education, local educational agencies,

schools, and other grant recipients under the Elementary and

Secondary Education Act of 1965 (as such Act was in effect on

the day before the date of enactment of the No Child Left Behind Act of 2001), in— ø(A) improving the quality of instruction, curricula, assessments, and other aspects of school reform, supported

with funds under title I of such Act;

ø(B) implementing effective schoolwide programs under

section 1114 of such Act;

ø(C) meeting the needs of children served under the Elementary and Secondary Education Act of 1965 (as such Act

was in effect on the day before the date of enactment of

the No Child Left Behind Act of 2001), including children

in high-poverty areas, migratory children, immigrant children, children with limited-English proficiency, neglected

or delinquent children, homeless children and youth, Indian children, children with disabilities, and, where applicable, Alaska Native children and Native Hawaiian children;

ø(D) implementing high-quality professional development activities for teachers, and where appropriate, administrators, pupil services personnel and other staff;

ø(E) improving the quality of bilingual education, including programs that emphasize English and native language

proficiency and promote multicultural understanding;

ø(F) creating safe and drug-free environments, especially

in areas experiencing high levels of drug use and violence

in the community and school;

ø(G) implementing educational applications of technology;

ø(H) coordinating services and programs to meet the

needs of students so that students can fully participate in

the educational program of the school;

ø(I) expanding the involvement and participation of parents in the education of their children;

ø(J) reforming schools, school systems, and the governance and management of schools;

ø(K) evaluating programs; and

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ø(L) meeting the special needs of students living in

urban and rural areas and the special needs of local educational agencies serving urban and rural areas;

ø(2) ensure that technical assistance staff have sufficient

training, knowledge, and expertise in how to integrate and coordinate programs under the Elementary and Secondary Education Act of 1965 (as such Act was in effect on the day before

the date of enactment of the No Child Left Behind Act of 2001)

with each other, as well as with other Federal, State, and local

programs and reforms;

ø(3) provide technical assistance using the highest quality

and most cost-effective strategies possible;

ø(4) coordinate services, work cooperatively, and regularly

share information with, the regional educational laboratories,

the Eisenhower regional consortia under part M, research and

development centers, State literacy centers authorized under

the National Literacy Act of 1991, and other entities engaged

in research, development, dissemination, and technical assistance activities which are supported by the Department as part

of a Federal technical assistance system, to provide a broad

range of support services to schools in the region while minimizing the duplication of such services;

ø(5) work collaboratively with the Department’s regional offices;

ø(6) consult with representatives of State educational agencies, local educational agencies, and populations served under

the Elementary and Secondary Education Act of 1965 (as such

Act was in effect on the day before the date of enactment of

the No Child Left Behind Act of 2001);

ø(7) provide services to States, local educational agencies,

tribes, and schools, in coordination with the National Diffusion

Network State Facilitators activities under section 1011, in

order to better implement the purposes of this part and provide

the support and assistance diffusion agents need to carry out

such agents’ mission effectively; and

ø(8) provide professional development services to State educational agencies, local educational agencies, and the National

Diffusion Network State Facilitators to increase the capacity of

such entities to provide high-quality technical assistance in

support of programs under the Elementary and Secondary

Education Act of 1965 (as such Act was in effect on the day before the date of enactment of the No Child Left Behind Act of

2001).

ø(b) PRIORITY.—Each comprehensive regional assistance center

assisted under this part shall give priority to servicing—

ø(1) schoolwide programs under section 1114 of the Elementary and Secondary Education Act of 1965 (as such Act was in

effect on the day before the date of enactment of the No Child

Left Behind Act of 2001); and

ø(2) local educational agencies and Bureau-funded schools

with the highest percentages or numbers of children in poverty.

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øSEC. 1003. MAINTENANCE OF SERVICE AND APPLICATION REQUIREMENTS.

ø(a) MAINTENANCE OF SERVICE.—The Secretary shall ensure that

the comprehensive regional assistance centers funded under this

part provide technical assistance services that address the needs of

educationally disadvantaged students, including students in urban

and rural areas, and bilingual, migrant, immigrant, and Indian

students, that are at least comparable to the level of such technical

assistance services provided under programs administered by the

Secretary on the day preceding the date of enactment of the Improving America’s Schools Act of 1994.

ø(b) APPLICATION REQUIREMENTS.—Each entity or consortium desiring assistance under this part shall submit an application to the

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

information, as the Secretary may require. Each such application

shall—

ø(1) demonstrate how the comprehensive regional assistance

center will provide expertise and services in the areas described in section 1002;

ø(2) demonstrate how such centers will work with the National Diffusion Network under section 1011 to conduct outreach to local educational agencies receiving priority under section 1031;

ø(3) demonstrate support from States, local educational

agencies and tribes in the area to be served;

ø(4) demonstrate how such centers will ensure a fair distribution of services to urban and rural areas; and

ø(5) provide such other information as the Secretary may require.

øSEC. 1004. TRANSITION.

ø(a) IN GENERAL.—The Secretary shall use funds appropriated to

carry out this part for fiscal years 1995 and 1996 in order to ensure

an orderly transition and phase in of the comprehensive regional

assistance centers assisted under this part.

ø(b) EXTENSION OF PREVIOUS CENTERS.—

ø(1) IN GENERAL.—The Secretary shall, notwithstanding any

other provision of law, use funds appropriated under section

1005 to extend or continue contracts and grants for existing

categorical technical assistance centers assisted under the Elementary and Secondary Education Act of 1965 (as such Act

was in effect on the day preceding the date of enactment of the

Improving America’s Schools Act of 1994) through fiscal year

1996, and take other necessary steps to ensure a smooth transition of services provided under this part and that such services will not be interrupted, curtailed, or substantially diminished.

ø(2) STAFF EXPERTISE.—In planning for the competition for

the new comprehensive regional assistance centers under this

part, the Secretary may draw on the expertise of staff from existing categorical assistance centers assisted under the Elementary and Secondary Education Act of 1965 prior to the date

of enactment of the Improving America’s Schools Act of 1994.

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øSEC. 1005. AUTHORIZATION OF APPROPRIATIONS.

øFor the purpose of carrying out this part, there are authorized

to be appropriated $70,000,000 for fiscal year 1995 and such sums

as may be necessary for each of the four succeeding fiscal years.

øSEC. 1006. DEFINED TERMS.

øIn this part, the definitions of terms defined in section 9101 of

the Elementary and Secondary Education Act of 1965 shall apply.

øPART L—NATIONAL DIFFUSION NETWORK

øSEC. 1011. PROGRAM AUTHORIZED.

ø(a) AUTHORITY.—

ø(1) IN GENERAL.—The Secretary is authorized to establish

the National Diffusion Network to carry out a State-based outreach, consultation, training, and dissemination program.

ø(2) PROGRAM REQUIREMENTS.—In carrying out the program

under this part, the Secretary shall award grants and contracts to National Diffusion Network State Facilitators in each

State and outlying area, and to the Bureau of Indian Affairs,

in order to assist State and local educational agencies, schools,

and other appropriate educational entities—

ø(A) to identify and secure appropriate, high-quality

technical assistance from the comprehensive regional assistance centers under part K and other sources; and

ø(B) to identify and implement exemplary or promising

educational programs and practices.

ø(b) ELIGIBLE ENTITIES.—The Secretary shall award grants and

contracts under this section to public or private nonprofit organizations or institutions with demonstrated expertise in the areas of

applied education research and program dissemination.

ø(c) ADMINISTRATION.—The program under this part shall be administered through the Office of Reform Assistance and Dissemination established under section 941(b).

ø(d) COORDINATION.—The National Diffusion Network State

Facilitators shall work in close cooperation, and coordinate their

activities, with the comprehensive regional assistance centers established under part K.

ø(e) STATE FACILITATOR ACTIVITIES.—The National Diffusion

Network State Facilitators shall provide professional development

and technical assistance services to assist State educational agencies, local educational agencies, tribal divisions of education,

schools, family and adult literacy programs, and other entities assisted under the Elementary and Secondary Education Act of 1965

(as such Act was in effect on the day before the date of enactment

of the No Child Left Behind Act of 2001), in—

ø(1) defining such entities’ technical assistance needs and

aligning such needs with school reform under title I of the Elementary and Secondary Education Act of 1965 (as such Act

was in effect on the day before the date of enactment of the

No Child Left Behind Act of 2001), professional development,

and technology plans;

ø(2) securing the technical assistance and professional development services that can best fulfill such needs by utilizing the

services of the comprehensive regional assistance centers, the

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regional education laboratories, the Eisenhower regional consortia, State Literacy Resource Centers authorized under the

National Literacy Act of 1991 and other technical assistance

providers, including local providers of professional development

services;

ø(3) identifying educational technology needs and securing

the necessary technical assistance to address such needs in coordination with the Eisenhower regional consortia under part

M and the regional technical assistance and professional development consortia under subpart 3 of title III of the Elementary

and Secondary Education Act of 1965 (as such Act was in effect

on the day before the date of enactment of the No Child Left

Behind Act of 2001); and

ø(4) utilizing technology, including regional and national

electronic networks, to increase such entities’ access to technical assistance, professional development services, and dissemination of effective programs and promising practices.

ø(f) ADDITIONAL DUTIES.—In addition, National Diffusion

Network State Facilitators shall—

ø(1) disseminate information about school reform and effective and promising practices, and help local educational

agencies and schools adapt such reform and practices to such

agencies’ needs;

ø(2) identify educational programs and practices for possible

dissemination throughout the State and Nation;

ø(3) promote and facilitate teacher networks throughout the

State;

ø(4) develop and implement an aggressive outreach plan for

reaching the local educational agencies and schools receiving

priority under section 1031; and

ø(5) provide such other outreach, coordination, and dissemination services as may be necessary.

ø(g) NATIONAL DIFFUSION NETWORK EFFECTIVE PROGRAMS AND

PROMISING PRACTICES SYSTEM.—

ø(1) IN GENERAL.—The Secretary shall develop a system of

validating effective programs and promising practices for dissemination through the National Diffusion Network. Such system may include exemplary programs funded through any office of the Department, the National Science Foundation, or

other Federal agencies and shall be coordinated, aligned with,

and administered by, the Office of Reform Assistance and Dissemination established under section 941(b).

ø(2) PRIORITY.—The Secretary shall give priority to identifying, validating, and disseminating effective schoolwide

projects, programs addressing the needs of high poverty

schools, and programs with the capacity to offer high-quality,

sustained technical assistance. The Office of Educational Research and Improvement Office of Reform Assistance and Dissemination shall also administer a grant program for the purpose of dissemination and the provision of technical assistance

regarding such system.

ø(3) PRIORITY OF SERVICES.—The National Diffusion Network

State Facilitators shall give priority in providing the services

described in this section to—

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ø(A) schoolwide program under section 1114 of the Elementary and Secondary Education Act of 1965 (as such Act

was in effect on the day before the date of enactment of

the No Child Left Behind Act of 2001); and

ø(B) local educational agencies and Bureau-funded

schools with the highest percentages or numbers of children in poverty.

øSEC. 1012. AUTHORIZATION OF APPROPRIATIONS.

øFor the purpose of carrying out this part, there are authorized to be appropriated $25,000,000 for fiscal year 1995 and such sums

as may be necessary for each of the four succeeding fiscal years.

øSEC. 1013. DEFINED TERMS.

øIn this part, the definitions of terms defined in section 9101 of

the Elementary and Secondary Education Act of 1965 shall apply.

øPART M—EISENHOWER REGIONAL MATHEMATICS AND SCIENCE EDUCATION

CONSORTIA

øSEC. 1021. PROGRAM ESTABLISHED.

ø(a) IN GENERAL.— ø(1) GRANTS AUTHORIZED.—The Secretary, in consultation

with the Director of the National Science Foundation, is authorized to award grants or contracts to eligible entities to enable such entities to establish and operate regional mathematics and science education consortia for the purpose of— ø(A) disseminating exemplary mathematics and science

education instructional materials; and

ø(B) providing technical assistance for the implementation of teaching methods and assessment tools for use by

elementary and secondary school students, teachers and

administrators.

ø(2) NUMBER.—The Secretary, in accordance with the provisions of this section, shall award at least one grant or contract

to an eligible entity in each region.

ø(3) SPECIAL RULE.—In any fiscal year, if the amount made available pursuant to section 1028 is less than $4,500,000,

then the Secretary may waive the provisions of paragraph (2)

and award grants or contracts of sufficient size, scope, and

quality to carry out this section.

ø(4) DESIGNATION.—Each regional consortium assisted under

this section shall be known as an ‘‘Eisenhower regional consortium’’. ø(b) GRANT TERM AND REVIEW.—Grants or contracts under this

part shall be awarded for a period of not more than five years and

shall be reviewed before the end of the 30-month period beginning

on the date the grant or contract is awarded. Grants or contracts

under this part shall be awarded before the end of the 12-month

period beginning on the date of the enactment of an Act making

appropriations to carry out this part.

ø(c) AMOUNT.—In awarding grants or contracts under this part,

the Secretary shall ensure that there is a relatively equal distribution of the funds made available among the regions, except that the

Secretary may award additional funds to a regional consortium on

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the basis of population and geographical conditions of the region

being served.

øSEC. 1022. USE OF FUNDS.

øFunds provided under this part may be used by a regional consortium, under the direction of a regional board established under

section 1024, to—

ø(1) work cooperatively with the other regional consortia and

federally funded technical assistance providers to more effectively accomplish the activities described in this section;

ø(2) assist, train and provide technical assistance to classroom teachers, administrators, and other educators to identify,

implement, assess or adapt the instructional materials, teaching methods and assessment tools described in section

1021(a)(1);

ø(3) provide for the training of classroom teachers to enable

such teachers to instruct other teachers, administrators, and

educators in the use of the instructional materials, teaching

methods and assessment tools described in section 1021(a)(1)

in the classroom;

ø(4) when necessary, provide financial assistance to enable

teachers and other educators to attend and participate in the

activities of the regional consortium;

ø(5) implement programs and activities designed to meet the

needs of groups that are underrepresented in, and underserved

by, mathematics and science education;

ø(6) assist State and local educational agencies in identifying

science equipment needs and help such agencies or consortia

thereof assess the need for and desirability of regional mathematics and science academies;

ø(7) develop and disseminate early childhood education

mathematics and science instructional materials;

ø(8) disseminate information regarding informal mathematics and science education activities and programs offered

by Federal agencies and private or public agencies and institutions within the region;

ø(9) collect data on activities assisted under this part in

order to evaluate the effectiveness of the activities of the regional consortia;

ø(10) identify exemplary teaching practices and materials

from within the region and communicate such practices and

materials to the Eisenhower National Clearinghouse for Mathematics and Science Education;

ø(11) communicate, on a regular basis, with entities within

the region who are delivering services to students and teachers

of mathematics and science;

ø(12) assist in the development and evaluation of State and

regional plans and activities that hold promise of bringing

about systemic reform in student performance in mathematics

and science; and

ø(c) NON-FEDERAL SHARE.—The non-Federal share of the cost of

activities described in the application submitted under section 1023

may be in cash or in kind, fairly evaluated. At least 10 percent of

such non-Federal share shall be from sources other than the Federal Government, or State or local government.

130

øSEC. 1026. EVALUATION.

ø(a) EVALUATION REQUIRED.—The Secretary, through the Office

of Educational Research and Improvement and in accordance with

section 9601, shall collect sufficient data on, and evaluate the effectiveness of, the activities of each regional consortium.

ø(b) ASSESSMENT.—The evaluations described in paragraph (1)

shall include an assessment of the effectiveness of the regional consortium in meeting the needs of the schools, teachers, administrators and students in the region.

ø(c) REPORT.—At the end of each grant or contract period, the

Secretary shall submit to the Congress a report on the effectiveness

of the programs conducted at each regional consortium.

øSEC. 1027. DEFINITIONS.

øFor purposes of this part:

ø(1) The term ‘‘eligible entity’’ means—

ø(A) a private nonprofit organization of demonstrated effectiveness;

ø(B) an institution of higher education;

ø(C) an elementary or secondary school;

ø(D) a State or local educational agency;

ø(E) a regional educational laboratory in consortium

with the research and development center established

under section 931(c)(1)(B)(i); or

ø(F) any combination of the entities described in subparagraphs (A) through (E),

with demonstrated expertise in mathematics and science education.

ø(2) The terms ‘‘mathematics’’ and ‘‘science’’ include the technology education associated with mathematics and science, respectively.

ø(3) The term ‘‘region’’ means a region of the United States

served by a regional education laboratory that is supported by

the Secretary pursuant to section 405(d)(4)(A)(i) of the General

Education Provisions Act (as such section was in existence on

the day preceding the date of enactment of the Goals 2000:

Educate America Act).

ø(4) The term ‘‘regional consortium’’ means each regional

mathematics and science education consortium established

pursuant to section 1021.

ø(5) The term ‘‘State agency for higher education’’ means the

State board of higher education or other agency or officer primarily responsible for the State supervision of higher education, or, if there is no such officer or agency, an officer or

agency designated for the purpose of carrying out this part by

the Governor or by State law.

øSEC. 1028. AUTHORIZATION OF APPROPRIATIONS.

øThere are authorized to be appropriated $23,000,000 for fiscal

year 1995, and such sums as may be necessary for each of the 4

succeeding fiscal years, to carry out this part.

øSEC. 1029. DEFINED TERMS.

øIn this part, the definitions of terms defined in section 9101 of

the Elementary and Secondary Education Act of 1965 shall apply.

131

øPART N—TECHNOLOGY-BASED TECHNICAL

ASSISTANCE

øSEC. 1031. TECHNOLOGY-BASED TECHNICAL ASSISTANCE.

øThe Secretary is authorized to provide a technology-based technical assistance service that will— ø(1) support the administration and implementation of programs under this Act by providing information, including legal

and regulatory information, and technical guidance and information, about best practices; and

ø(2) be accessible to all States, local educational agencies,

schools, community-based organizations and others who are recipients of funds under the Elementary and Secondary Education Act of 1965 (as such Act was in effect on the day before

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

2001).

øSEC. 1032. DEFINED TERMS.

øIn this part, the definitions of terms defined in section 9101 of

the Elementary and Secondary Education Act of 1965 shall apply.¿

* * * * * * *

TITLE 5, UNITED STATES CODE

* * * * * * *

PART III—EMPLOYEES

* * * * * * *

Subpart D—Pay and Allowances

* * * * * * *

CHAPTER 53—PAY RATES AND SYSTEMS

* * * * * * *

SUBCHAPTER II—EXECUTIVE SCHEDULE PAY RATES

* * * * * * *

§ 5314. Positions at level III

Level III of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as

adjusted by section 5318 of this title:

Solicitor General of the United States.

* * * * * * *

Under Secretary of Education.

* * * * * * *

132

§ 5315. Positions at level IV

Level IV of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as

adjusted by section 5318 of this title:

Deputy Administrator of General Services.

* * * * * * *

øCommissioner, National Center for Education Statistics.¿

* * * * * * *

SECTION 447 OF THE GENERAL EDUCATION

PROVISIONS ACT

SEC. 447. PROHIBITION ON FEDERALLY SPONSORED TESTING.

(a) * * *

(b) EXCEPTIONS.—Subsection (a) shall not apply to the Third

International Mathematics and Science Study or other international comparative assessments developed under the authority of

øsection 404(a)(6) of the National Education Statistics Act of 1994

(20 U.S.C. 9003(a)(6))¿ section 153(a)(5) of the Education Sciences

Reform Act of 2002 and administered to only a representative sample of pupils in the United States and in foreign nations.

ELEMENTARY AND SECONDARY EDUCATION ACT OF

1965

* * * * * * *

TITLE I—IMPROVING THE ACADEMIC

ACHIEVEMENT OF THE DISADVANTAGED

* * * * * * *

PART A—IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES

Subpart 1—Basic Program Requirements

SEC. 1111. STATE PLANS.

(a) * * *

* * * * * * *

(c) OTHER PROVISIONS TO SUPPORT TEACHING AND LEARNING.—

Each State plan shall contain assurances that—

(1) * * *

(2) the State will, beginning in school year 2002–2003, participate in biennial State academic assessments of 4th and 8th

grade reading and mathematics under the National Assessment of Educational Progress carried out under øsection

411(b)(2) of the National Education Statistics Act of 1994¿ secVerDate 11-MAY-2000 19:53 Apr 15, 2002 Jkt 099006 PO 00000 Frm 00132 Fmt 6659 Sfmt 9001 E:\HR\OC\HR404.XXX pfrm02 PsN: HR404
133

tion 303(b)(2) of the National Assessment of Educational

Progress Authorization Act if the Secretary pays the costs of

administering such assessments;

* * * * * * *

SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.

(a) * * *

(b) PLAN PROVISIONS.— (1) IN GENERAL.—In order to help low-achieving children

meet challenging achievement academic standards, each local

educational agency plan shall include— (A) * * *

* * * * * * *

(F) an assurance that the local educational agency will

participate, if selected, in the State National Assessment

of Educational Progress in 4th and 8th grade reading and

mathematics carried out under øsection 411(b)(2) of the

National Education Statistics Act of 1994¿ section

303(b)(2) of the National Assessment of Educational

Progress Authorization Act;

* * * * * * *

SEC. 1117. SCHOOL SUPPORT AND RECOGNITION.

(a) SYSTEM FOR SUPPORT.— (1) * * *

* * * * * * *

(3) REGIONAL CENTERS.—Such a statewide system shall, to

the extent practicable, work with and receive support and assistance from the comprehensive regional technical assistance

centers and the regional educational laboratories under section

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

the day before the date of enactment of the Education Sciences

Reform Act of 2002), or other providers of technical assistance.

* * * * * * *

PART E—NATIONAL ASSESSMENT OF TITLE I

SEC. 1501. EVALUATIONS.

(a) NATIONAL ASSESSMENT OF TITLE I.—

(1) * * *

* * * * * * *

(3) SOURCES OF INFORMATION.—In conducting the assessment under this subsection, the Secretary shall use information from a variety of sources, including the National Assessment of Educational Progress (carried out under øsection 411

of the National Education Statistics Act of 1994¿ section 303

of the National Assessment of Educational Progress Authorization Act), State evaluations, and other research studies.

* * * * * * *

134

TITLE III—LANGUAGE INSTRUCTION

FOR LIMITED ENGLISH PROFICIENT

AND IMMIGRANT STUDENTS

* * * * * * *

PART B—IMPROVING LANGUAGE

INSTRUCTION EDUCATIONAL PROGRAMS

* * * * * * *

Subpart 2—Research, Evaluation, and

Dissemination

* * * * * * *

SEC. 3222. RESEARCH.

(a) ADMINISTRATION.—The Secretary shall conduct research activities authorized by this subpart through the øOffice of Educational Research and Improvement¿ Academy of Education

Sciences in coordination and collaboration with the Office of

English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students.

* * * * * * *

PART C—GENERAL PROVISIONS

* * * * * * *

SEC. 3303. NATIONAL CLEARINGHOUSE.

The Secretary shall establish and support the operation of a National Clearinghouse for English Language Acquisition and Language Instruction Educational Programs, which shall collect, analyze, synthesize, and disseminate information about language instruction educational programs for limited English proficient children, and related programs. The National Clearinghouse shall—

(1) be administered as an adjunct clearinghouse of the Educational Resources Information Center Clearinghouses system

supported by the øOffice of Educational Research and Improvement¿ Academy of Education Sciences;

* * * * * * *

TITLE V—PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

* * * * * * *

135

PART D—FUND FOR THE IMPROVEMENT OF

EDUCATION

* * * * * * *

Subpart 6—Gifted and Talented Students

* * * * * * *

SEC. 5464. AUTHORIZED PROGRAMS.

(a) * * *

* * * * * * *

(e) COORDINATION.—Scientifically based research activities supported under this subpart—

(1) shall be carried out in consultation with the øOffice of

Educational Research and Improvement¿ Academy of Education Sciences to ensure that such activities are coordinated

with and enhance the research and development activities supported by such øOffice¿ Academy; and

(2) may include collaborative scientifically based research activities which are jointly funded and carried out with such øOffice¿ Academy.

* * * * * * *

Subpart 21—Women’s Educational Equity Act

* * * * * * *

SEC. 5613. PROGRAMS AUTHORIZED.

(a) IN GENERAL.—The Secretary is authorized—

(1) * * *

* * * * * * *

(5) to assist the øAssistant Secretary of the Office of Educational Research and Improvement¿ Director of the Academy

of Education Sciences in identifying research priorities related

to education equity for women and girls; and

* * * * * * *

(b) GRANTS AUTHORIZED.—

(1) * * *

(2) SUPPORT AND TECHNICAL ASSISTANCE.—To achieve the

purposes of this subpart, the Secretary is authorized to provide

support and technical assistance— (A) * * *

(B) for research and development, which shall be coordinated with each of the øresearch institutes of the Office of

Educational Research and Improvement¿ National Education Centers of the Academy of Education Sciences to

avoid duplication of research efforts, designed to advance

gender equity nationwide and to help make policies and

practices in educational agencies and institutions, and

local communities, gender equitable, including—

(i) * * *

* * * * * * *

136

SEC. 5615. CRITERIA AND PRIORITIES.

(a) * * *

* * * * * * *

(d) COORDINATION.—Research activities supported under this

subpart—

(1) shall be carried out in consultation with the øOffice of

Educational Research and Improvement¿ Academy of Education Sciences to ensure that such activities are coordinated

with and enhance the research and development activities supported by the øOffice¿ Academy; and

(2) may include collaborative research activities which are

jointly funded and carried out with the øOffice of Educational

Research and Improvement¿ Academy of Education Sciences.

* * * * * * *

TITLE VII—INDIAN, NATIVE HAWAIIAN,

AND ALASKA NATIVE EDUCATION

PART A—INDIAN EDUCATION

* * * * * * *

Subpart 3—National Activities

SEC. 7131. NATIONAL RESEARCH ACTIVITIES.

(a) * * *

* * * * * * *

(c) COORDINATION.—Research activities supported under this

section—

(1) shall be carried out in consultation with the øOffice of

Educational Research and Improvement¿ Academy of Education Sciences to ensure that such activities are coordinated

with and enhance the research and development activities supported by the øOffice¿ Academy; and

(2) may include collaborative research activities that are

jointly funded and carried out by the Office of Indian Education Programs and the øOffice of Educational Research and

Improvement¿ Academy of Education Sciences.

* * * * * * *

TITLE IX—GENERAL PROVISIONS

* * * * * * *

PART E—UNIFORM PROVISIONS

* * * * * * *

Subpart 2—Other Provisions

* * * * * * *

137

SEC. 9529. PROHIBITION ON FEDERALLY SPONSORED TESTING.

(a) * * *

(b) EXCEPTIONS.—Subsection (a) shall not apply to international

comparative assessments developed under the authority of øsection

404(a)(6) of the National Education Statistics Act of 1994¿ section

153(a)(5) of the Education Sciences Reform Act of 2002 and administered to only a representative sample of pupils in the United

States and in foreign nations.

* * * * * * *

SECTION 404 OF THE SCHOOL-TO-WORK

OPPORTUNITIES ACT OF 1994

SEC. 404. CAPACITY BUILDING AND INFORMATION AND DISSEMINATION NETWORK.

The Secretaries, acting through such mechanisms as the Capacity Building and Information and Dissemination Network established under section 453(b) of the Job Training Partnership Act (29

U.S.C. 1733(b)), the Educational Resources Information Center

Clearinghouses referred to in the Educational Research, Development, Dissemination, and Improvement Act of 1994 (as such Act existed on the day before the date of enactment of the Education

Sciences Reform Act of 2002), and the National Network for Curriculum Coordination in Vocational and Technical Education under

section 402(c) of the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2402(c)), shall— (1) * * *

* * * * * * *

(138)

1The existing statutory authority for OERI is Title IX of the Educational Research, Development, Dissemination, and Improvement Act of 1994.

ADDITIONAL VIEWS

The Committee passage of H.R. 3801, the Education Sciences Reform Act marks a significant step forward in our effort to improve

the research, evaluation and technical assistance focus of the Department of Education. As compared to the introduced version of

this measure, the Committee passed bill addressed many of our

most serious concerns related to long-term and center based research, ensuring the existence of technical assistance and development entities, and providing increased funding. Due to these

changes, H.R. 3801 gained our support on Committee passage.

BACKGROUND

The reauthorization of the Department of Education’s main research, statistics, and evaluation efforts is a critically important aspect of our Committee’s work this Congress. The reauthorization of

ESEA completed earlier this session and impending work the Individuals with Disabilities Education Act, the Higher Education Act,

vocational education and adult education, make the need for high

quality research, statistics, development and technical assistance

even more important to our educational system.

H.R. 3801 reauthorizes and amends the current statute governing the Office of Educational Research and Improvement

(OERI).1 Last reauthorized in 1994, OERI houses the main research, statistics and development focuses of the Department of

Education. The major provision of H.R. 3801 include:

The Academy.—The bill restructures OERI by creating the Academy of Education Sciences (the Academy). The Academy is headed

by a Director and contains 3 National Education Centers (Research, Statistics, and Evaluation) and the Office of Educational

Resources and Dissemination. Also established within the Academy

is the National Board for Education Sciences (the Board), which approves the priorities governing the work of the Academy and advises the Director on operation of the Academy.

Regional Development and Technical Assistance.—In addition to

the creation of the Academy, the bill creates a Regional Development and Technical Assistance program. Under this program, the

Secretary provides funds to at least 2 entities per region. One entity provides applied research and development, while the other entity will provide technical assistance. These are the main duties of

the existing Regional Education Laboratories and the Comprehensive Centers. Current contracts with the Regional Education Laboratories, and Eisenhower Math and Science Consortia will be continued. Existing Comprehensive Centers are presently funded

under a one-year extension.

139

NAEP/NAGB.—The bill reauthorizes the National Assessment of

Education Progress (NAEP) and the National Assessment Governing Board (NAGB), makes technical changes to these statutes

and clarifies the existing governance relationships of these statutes. Significant changes to NAEP and NAGB were made previously as a part of H.R. 1, the No Child Left Behind Act of 2001.

ADDRESSING DEMOCRATIC PRIORITIES

The Committee reported bill contained numerous provisions

sought by Democratic Members that were not included in H.R.

3801 upon introduction. Included among these provisions are:

Increases Resources.—The bill authorizes a total of $700 million

of the Department’s research, statistics, evaluation and technical

assistance activities. This almost doubles existing funding and ensures that nearly 1 percent, or $400 million, of the Department of

Education’s budget is reserved for research activities. This level of

funding is vital if the Academy is to become a top-flight education

research organization that is capable of producing high quality research. For too many years, OERI has had insufficient resources to

operate effectively.

Ensures Outreach and Involvement of Historically Black Colleges

and Universities and Hispanic Servicing Institutions.—The bill includes provisions sought by Representative Owens to increase outreach to and involvement of Historically Black Colleges and Universities (HBCUs) and Hispanic Serving Institutions (HSIs) to

build research knowledge and experience in these institutions.

Fellowships to Build the Culture of Science.—The bill includes

language establishing fellowships in the areas of research, statistics and evaluation particularly for women and minorities at

HBCUs and other Minority Serving Institutions.

Maintains Long-term and University Center-based Research.— The bill requires that research be conducted through Universitybased national research and development centers and that 50% of

research funding is reserved for long term research. This emphasis

on long-term research is critical if we are to build upon the current

knowledge base and expand research-based programs for schools to

implement and utilize. This long-term focus was a major priority

for Representative Scott.

Maintains Regional Development and Technical Assistance (Labs

and Centers).—The bill ensures a strong regional development and

technical assistance system that allows the continuation of existing

high quality Regional Laboratories and Comprehensive Centers, as

described above. The maintenance of this system was a critical priority for many Democratic Members.

NAEP/NAGB.—The bill includes language which seeks to maintain the current governance relationship between NAGB and the

Department’s administration of NAEP. While we believe this language largely addresses any confusion the bill may create over this

governance relationship, we will continue to evaluate its effects as

this process moves forward.

AMENDMENTS

Several Amendments were offered by Democratic Members during Full Committee consideration of this legislation. Representative

140

Holt offered an amendment to restore the authorization for the Eisenhower National Clearinghouse and the Eisenhower Mathematics and Science Consortia. Representative Wu offered an

amendment to restore the authorization for the Regional Education

Technology Consortia. Representative Andrews offered two amendments which expanded data collection duties of the National Center for Education Statistics to include data on the impact of education spending on achievement and the impact of student health

on achievement. We will work to continue to attempt to address

these important issues as this process moves forward.

CONCLUSION

The existence of a strong research, statistics, evaluation, development and technical assistance focus at the Department is vital to

future increases in student achievement and the management and

operation of our nation’s school system. The changes made by this

legislation and the additional resources, which it calls for, are key

elements in making this strong focus a reality.

GEORGE MILLER.

HAROLD FORD, Jr.

RON KIND.

RUBE ́ N HINOJOSA.

HILDA L. SOLIS.

DALE E. KILDEE.

SUSAN A. DAVIS.

BETTY MCCOLLUM.

LYNN N. RIVERS.

ROBERT E. ANDREWS.

DENNIS KUCINICH.

RUSH HOLT.

LYNN WOOLSEY.

MAJOR R. OWENS.

BOBBY SCOTT.

CAROLYN MCCARTHY.

LORETTA SANCHEZ.

JOHN F. TIERNEY.

PATSY T. MINK.

DAVID WU.

DONALD PAYNE.

Æ