I

106TH CONGRESS

2D SESSION H. R. 4994

To reauthorize and improve the educational research and statistical programs

of the Department of Education, including the National Institute for

Education Research, the National Center for Education Statistics, the

National Assessment of Educational Progress, the National Assessment

Governing Board, and America’s Tests in Reading and Mathematics,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 27, 2000

Mr. KILDEE (by request): introduced the following bill; which was referred to

the Committee on Education and the Workforce

A BILL

To reauthorize and improve the educational research and

statistical programs of the Department of Education,

including the National Institute for Education Research,

the National Center for Education Statistics, the National Assessment of Educational Progress, the National

Assessment Governing Board, and America’s Tests in

Reading and Mathematics, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

HR 4994 IH

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘National Education

3 Research and Statistics Act of 2000’’.

4 SEC. 2. ORGANIZATION OF THE ACT.

5 This Act is organized into the following titles:

6 TITLE I—NATIONAL EDUCATION

7 RESEARCH ACT

8 TITLE II—NATIONAL EDUCATION

9 STATISTICS ACT

10 TITLE III—AMENDMENTS TO

11 OTHER ACTS.

12 SEC. 3. EFFECTIVE DATE: TRANSITION.

13 (a) EFFECTIVE DATE.—This Act shall take effect on

14 October 1, 2000.

15 (b) TRANSITION.—The Secretary shall take such ac16 tions as the Secretary determines to be appropriate to pro17 vide for a smooth transition for programs and activities

18 authorized under the National Education Statistics Act of

19 1994 to programs and activities under this Act.

20 TITLE I—NATIONAL EDUCATION

21 RESEARCH ACT

22 SEC. 101. SHORT TITLE.

23 This title may be cited as the ‘‘National Education

24 Research Act’’.

25 SEC. 102. FINDINGS; DECLARATION OF POLICY; PURPOSE.

26 (a) FINDINGS.—The Congress finds as follows:
3

HR 4994 IH

1 (1) All students can learn challenging content

2 and achieve to high academic standards.

3 (2) Policymakers, parents, and the public ex4 pect schools to be accountable for helping all stu5 dents reach high academic standards, so that they

6 have the knowledge and skills necessary for good

7 citizenship and success in our increasingly competi8 tive world.

9 (3) The American education system is faced

10 with many challenges in helping every student reach

11 or exceed high academic standards.

12 (4) In recent years, nearly all groups of stu13 dents have made gains on the National Assessment

14 of Educational Progress. However, significant

15 achievement gaps persist between students in high16 poverty and low-poverty schools, and between white

17 and non-white students, in basic areas such as read18 ing and mathematics.

19 (5) High-quality research and development are

20 necessary to help educators and policymakers build

21 more effective policies and practices.

22 (6) There is a long history of education re23 search being used to improve teaching and learning,

24 such as research on effective schools, how people

25 learn to read and solve mathematical problems, as-
4

HR 4994 IH

1 sessment, and standards-based reform, but much

2 more knowledge from research is needed to address

3 current challenges.

4 (7) Less than 0.2 percent of our Nation’s ex5 penditures for elementary and secondary education

6 is invested in research and development to determine

7 which educational techniques work and to find ways

8 to improve them.

9 (8) Investments in education research have

10 been spread too thinly to meaningfully affect the

11 work of many educators in the field.

12 (9) Research investments must be focused so

13 that knowledge about how to address enduring edu14 cation problems cumulates in a useful form.

15 (10) New methods and field-based strategies in

16 education research are needed to promote the forma17 tion of partnerships between researchers and practi18 tioners to support the experimentation and the ap19 plication of knowledge needed to solve education

20 problems.

21 (11) Better coordination of research activities

22 and synthesis of research findings and results are

23 needed to maximize the impact of education research

24 conducted throughout the Department and by other

25 Federal agencies.
5

HR 4994 IH

1 (b) DECLARATION OF POLICY.—(1) The Congress

2 hereby declares it to be the policy of the United States

3 to provide every person an equal opportunity to receive

4 an education of high quality regardless of his or her race,

5 color, religion, sex, age, disability, national origin, sexual

6 orientation, or economic condition. Although the American

7 education system has pursued this objective, it has not yet

8 attained it, and inequalities of opportunity to receive high9 quality education remain pronounced. Achieving this ob10 jective will require far more dependable knowledge about

11 the processes of learning and education than now exists,

12 or can be expected from present research and experimen13 tation in this field. While the direction of the education

14 system remains primarily the responsibility of State and

15 local governments, the Federal government has a clear re16 sponsibility to provide leadership in the conduct and sup17 port of scientific inquiry into the educational process.

18 (2) The Congress further declares it to be the policy

19 of the United States to—

20 (A) help to solve the problems of American edu21 cation and to promote sustained improvement of ele22 mentary and secondary, postsecondary, and adult

23 education;

24 (B) advance the practice of education as an art,

25 science, and profession;
6

HR 4994 IH

1 (C) strengthen the scientific and technological

2 foundations of education; and

3 (D) build an effective education research and

4 development system.

5 (c) PURPOSE.—The purposes of this title are to—

6 (1) respond to the need and growing demand of

7 both educators and the general public for depend8 able, relevant, research- and theory-based knowledge

9 and information to improve education and student

10 achievement;

11 (2) create a permanent and stable authority for

12 building a strong knowledge base to improve edu13 cation through Federal support of education re14 search;

15 (3) focus federally supported education research

16 on solving problems faced by State and local edu17 cators, particularly those problems related to im18 proving the achievement of students at risk of edu19 cational failure;

20 (4) promote the effective use of resources for

21 education research by concentrating those resources

22 on a limited number of priorities in order to ensure

23 the cumulation and organization of useful knowl24 edge;
7

HR 4994 IH

1 (5) ensure rigor and high quality in federally

2 supported education research;

3 (6) promote the use of new, effective, and ap4 propriate strategies and methods in the conduct of

5 education research;

6 (7) provide for expert guidance and assistance

7 in planning, managing, and evaluating federally sup8 ported education research;

9 (8) enhance the national capacity to conduct

10 high-quality education research that fosters and sup11 ports improvement in education practice and policy;

12 (9) promote new partnerships among research13 ers and practitioners to solve education problems;

14 and

15 (10) ensure that knowledge from research is

16 widely disseminated to educators and policymakers

17 at the national, State, and local level, as well as to

18 the general public, and incorporated into federally

19 supported technical assistance efforts.

20 PART A—NATIONAL INSTITUTE FOR EDUCATION

21 RESEARCH

22 SEC. 111. (a) MISSION.—It shall be the mission of

23 the National Institute for Education Research (hereinafter

24 in this title referred to as ‘‘the Institute’’) to promote ex25 cellence and equity in education by providing national
8

HR 4994 IH

1 leadership for high-quality research and development re2 lated to education. In pursuing its mission, the Institute

3 shall strive to help the American education system, from

4 preschool through postsecondary and adult education,

5 learn how to enable all students to meet or exceed chal6 lenging academic standards and master the skills they will

7 need to lead satisfying and productive lives, while func8 tioning effectively in our democracy and modern economy.

9 (b) AUTHORITY.—The Institute established under

10 section 208 of the Department of Education Organization

11 Act shall have only the authority provided by part B of

12 this title, except that the Secretary of Education may as13 sign the Institute responsibility for administering other

14 programs and activities of the Department, if the National

15 Education Research Board established by section 112

16 agrees that those programs and activities are consistent

17 with the Institute’s mission and will contribute to the de18 velopment of knowledge or strategies for improving edu19 cation.

20 (c) PRIORITIES.—(1) The Institute shall, in accord21 ance with this title, seek to improve education in the

22 United States by concentrating the resources of the Insti23 tute on the following education research and development

24 needs:
9

HR 4994 IH

1 (A) Improving the teaching and learning of

2 reading, writing, mathematics, and other academic

3 subjects for students from a broad diversity of back4 grounds, particularly those children most at risk of

5 educational failure, from early childhood through

6 postsecondary and adult education.

7 (B) Improving the ability of schools, school dis8 tricts, and States to implement reforms and sustain

9 improvement efforts successfully, such as State

10 standards-based reforms, school choice, and reforms

11 to improve the quality of teaching and the safety of

12 the educational environment.

13 (C) Using new knowledge from research from a

14 variety of disciplines, such as research on the devel15 opment of the brain, use of advanced information

16 technologies, building effective organizations, and

17 understanding how to motivate and engage students

18 in their studies, to design effective education strate19 gies, practices, and policies.

20 (2) The Director of the Institute, appointed under

21 subsection (d), shall establish, with the approval of the

22 National Education Research Board, a limited number of

23 specific, long-term priorities to focus and guide the Insti24 tute’s programs of research.
10

HR 4994 IH

1 (3) The Director shall make an award to an applicant

2 to address specific priorities under paragraph (2) only if

3 the Director determines that the applicant’s choice of re4 search methods and strategies is appropriate and effective.

5 Such methods may include small- or large-scale experi6 ments and longitudinal studies.

7 (4) The Director shall make the priorities under this

8 section available to the public on the World Wide Web,

9 along with the Institute’s plan for addressing those prior10 ities. The Director shall annually update the plan as new

11 work is initiated and findings or results from prior and

12 ongoing work become available.

13 (d) DIRECTOR OF THE INSTITUTE.—The Director of

14 the Institute shall be appointed in accordance with section

15 202(b)(4) of the Department of Education Organization

16 Act, as redesignated by section 301(a)(1)(A) of this Act,

17 for a six-year term beginning July 1, 2001. The Director

18 shall report to the Secretary and shall, consistent with this

19 title, implement such policies as the National Education

20 Research Board may prescribe, subject to the supervision

21 of the Secretary.

22 (e) SENIOR SCIENTIST.—The Director shall appoint

23 a Senior Scientist to serve as the senior research expert

24 in the Institute to advise the Director and staff of the

25 Institute on—
11

HR 4994 IH

1 (1) scientific and technical standards to govern

2 the activities of the Institute and the research it

3 supports;

4 (2) the planning and design of programs of re5 search to be supported by the Institute;

6 (3) the quality and rigor of research supported

7 by the Institute; and

8 (4) other matters related to ensuring high qual9 ity in the activities of the Institute.

10 (f) APPOINTMENT OF EMPLOYEES.—(1)(A) The Di11 rector may appoint, for limited terms, or on a temporary

12 basis, without regard to provisions of title 5 of the United

13 States Code governing appointments in the competitive

14 service and may compensate, without regard to the provi15 sions of chapter 51 and subchapter III of chapter 53 of

16 such title relating to classification and General Schedule

17 pay rates, such research specialists (such as social sci18 entists, economists, psychologists, sociologists, operations

19 researchers, mathematicians, statisticians, computer sci20 entists, and education researchers) of the Institute as he

21 or she considers necessary to accomplish its functions.

22 Such appointments may not exceed 60 employees of the

23 Institute.

24 (B) The Institute may pay travel and transportation

25 expenses for persons appointed under subparagraph (A)
12

HR 4994 IH

1 to the extent permitted under section 14(a)(3) of the Na2 tional Science Foundation Act of 1950 (42 U.S.C.

3 1873(a)(3)).

4 (2) In order to strengthen the national capacity to

5 carry out high-quality research related to education, the

6 Director may establish and maintain research fellowship

7 in the Institute, with such stipends and allowances, includ8 ing travel and subsistence expenses, as the Director may

9 determine necessary to obtain the assistance of highly

10 qualified research fellows from the United States and

11 abroad.

12 (g) STANDARDS AND PEER REVIEW.—(1) The Insti13 tute shall maintain published standards (including publi14 cation on the World Wide Web) to ensure high quality in

15 its work, which shall include, at a minimum, standards

16 for evaluating—

17 (A) proposals for research and development ac18 tivities;

19 (B) ongoing research and development activities

20 conducted or supported by the Institute, including

21 the synthesis of findings and results;

22 (C) practices, programs, and products for des23 ignation as exemplary or promising; and

24 (D) reports, publications, and other products.
13

HR 4994 IH

1 (2) The Institute shall develop peer-review procedures

2 to govern all major aspects of its work and operations.

3 At a minimum, peer review shall be used to evaluate—

4 (A) proposals for funding;

5 (B) the performance of grantees and contrac6 tors;

7 (C) programs, practices, and products for des8 ignation as promising or exemplary; and

9 (D) reports and publications.

10 (3) All published standards and peer-review proce11 dures shall be approved by the National Education Re12 search Board prior to use.

13 SEC. 112. NATIONAL RESEARCH BOARD.

14 (a) IN GENERAL.—(1) The National Education Re15 search Board (hereinafter referred to as ‘‘the Board’’)

16 shall consist of 15 members appointed by the President,

17 by and with the advice and consent of the Senate. In addi18 tion, the Board shall include such other ex officio members

19 who are officers of the United States as the President may

20 designate, including the Director of the Institute and the

21 Commissioner of the National Center for Education Sta22 tistics, but such members shall not have a vote on the

23 Board. A majority of the appointed members of the Board

24 shall constitute a quorum. A voting member of the Board

25 shall be considered a special government employee. The
14

HR 4994 IH

1 Chairman of the Board shall be appointed by the Presi2 dent.

3 (2) In appointing members of the Board, the Presi4 dent shall—

5 (A) ensure that the Board is broadly represent6 ative of the general public, including the business

7 community and education professions, and includes

8 practitioners and researchers from various dis9 ciplines and the various fields of education (includ10 ing preschool, elementary and secondary, postsec11 ondary, and adult education);

12 (B) ensure that Board members are chosen to

13 bring their independent, professional judgment to

14 bear on issues of national interest rather than to

15 represent the interests of organizations and associa16 tions; and

17 (C) give due regard to equitable representation

18 of women and minorities and to recommendations

19 for nominations that may be submitted by the Na20 tional Academy of Sciences and the National Acad21 emy of Education.

22 (b) TERM OF OFFICE.—(1) Except as provided in

23 paragraphs (2) and (3), members (other than ex officio

24 members) shall be appointed to a term of six years. The

25 term of office of each member shall expire on September
15

HR 4994 IH

1 30th of the year in which that term would otherwise ex2 pire, unless a successor to that member has not been ap3 pointed and confirmed by the Senate, in which case the

4 member shall continue to serve until a successor has been

5 appointed and confirmed.

6 (2) Any member appointed to fill a vacancy occurring

7 before the expiration of the term for which the predecessor

8 was appointed shall be appointed only for the remainder

9 of such term. A member may serve after the expiration

10 of a term until a successor has taken office.

11 (3) Of the members first appointed—

12 (A) five shall be appointed for terms of two

13 years;

14 (B) five shall be appointed for terms of four

15 years; and

16 (C) five shall be appointed for terms of six

17 years.

18 (4) An appointed member who has been a member

19 of the Board for six consecutive years shall be ineligible

20 for appointment to the Board during the two-year period

21 following the expiration of the sixth year.

22 (c) DUTIES.—The Board shall—

23 (1) establish policy guidelines for the Institute;

24 (2) consider and approve priorities and stand25 ards to guide and govern the work of the Institute;
16

HR 4994 IH

1 (3) review and approve peer-review procedures

2 adopted by the Institute;

3 (4) advise the Director of the Institute on the

4 development of activities to be supported by the In5 stitute;

6 (5) present to the Director such recommenda7 tions as it may find appropriate for—

8 (A) the strengthening of education re9 search;

10 (B) the improvement of methods of

11 collecting and disseminating the findings of

12 education research; and

13 (C) promoting the implementation of edu14 cation reform based on the findings of edu15 cation research;

16 (6) submit, no later that March 31 of each

17 year, a report to the President and the Congress on

18 the activities, management, and performance of the

19 Institute and on education and education research in

20 general, which shall include such recommendations

21 and comments as the Board may find appropriate;

22 and

23 (7) meet at the call of the Chairman, except

24 that it shall meet at least twice each fiscal year, or
17

HR 4994 IH

1 whenever one-third of the members request in writ2 ing that a meeting be held.

3 (d) BOARD STAFF.—The Director may, after con4 sultation with the Chairman of the Board, appoint a staff

5 consisting of not more than three professional staff mem6 bers and such clerical staff as may be necessary.

7 (e) BOARD MEETINGS.—Portions of Board meetings

8 in which the Board considers proposed Institute budgets

9 for a particular fiscal year may be closed to the public

10 until the President’s budget for that fiscal year has been

11 submitted to the Congress.

12 SEC. 113. EXPERT GUIDANCE AND ASSISTANCE.

13 (a) STUDY PANELS.—The Director shall establish

14 one or more panels of experts to provide ongoing advice

15 to the Institute in its planning, management, and evalua16 tion of major programs of research and development.

17 These panels shall include researchers from relevant dis18 ciplines who have strong theoretical and methodological

19 backgrounds, and may include, as appropriate, policy20 makers and expert practitioners who have special insight

21 into the conduct of education research. The researchers,

22 policymakers, and practitioners who comprise these panels

23 shall include persons with expertise in the teaching and

24 learning of students at risk of educational failure, includ-
18

HR 4994 IH

1 ing students with disabilities and students with limited

2 proficiency in English.

3 (b) PANEL RESPONSIBILITIES.—Responsibilities of

4 the study panels shall include one or more of the following:

5 (1) Providing advice on the planning and design

6 of coherent programs of research and development

7 to address particular problems and Institute prior8 ities.

9 (2) Evaluating and providing advice on the rela10 tionships between research and development pro11 posals and the Institute’s priorities and objectives.

12 (3) Providing advice regarding ongoing pro13 grams.

14 (4) Evaluating ongoing programs on a periodic

15 basis.

16 (5) Reviewing research findings and syntheses.

17 (c) DIRECTOR’S RESPONSIBILITIES.—(1) Study pan18 els shall report to the Director.

19 (2) The Director shall report periodically to the Na20 tional Education Research Board regarding the activities,

21 assessments, and recommendations of the study panels.

22 SEC. 114. ADMINISTRATIVE PROVISIONS.

23 (a) RULEMAKING.—The exemption for public prop24 erty, loans, grants, and benefits in section 553(a)(2) of
19

HR 4994 IH

1 title 5, United States Code, shall apply to regulations pro2 mulgated by the Institute.

3 (b) AUTHORITY TO PUBLISH.—(1) The Institute

4 may prepare and publish such research-based information

5 and research reports as needed to aid in carrying out its

6 mission without further clearance or approval by other of7 fices of the Department, except that the Director shall

8 provide such offices the opportunity to comment on re9 ports relevant to their areas of responsibility.

10 (2) All such information and reports shall—

11 (A) be subjected to rigorous peer review prior

12 to being published or otherwise made available by

13 the Institute; and

14 (B) include the names of its peer reviewers.

15 (c) INDEPENDENT EVALUATION.—At least once

16 every five years, the Director shall enter into one or more

17 contracts for the conduct of an independent evaluation of

18 the activities of the Institute. This evaluation shall include

19 an analysis of the performance indicators and performance

20 plan of the Institute, as required by the Government Per21 formance and Results Act of 1993.

22 (d) COORDINATION.—The Director and the Commis23 sioner of Education Statistics shall work together to co24 ordinate the activities of the National Institute for Edu-
20

HR 4994 IH

1 cation Research and the National Center for Education

2 Statistics.

3 (e) AUTHORIZATION OF APPROPRIATIONS.—(1)

4 There are authorized to be appropriated for each fiscal

5 year such sums as may be necessary to carry out this title,

6 including necessary salaries and expenses.

7 (2) Not more than $2,000,000 of the appropriation

8 under paragraph (1) for any fiscal year shall be used to

9 support the National Education Research Board.

10 (3) Funds appropriated to carry out this title shall

11 remain available for obligation for two fiscal years.

12 PART B—ACTIVITIES OF THE INSTITUTE

13 SEC. 121. (a) AUTHORIZED ACTIVITIES.—The Na14 tional Institute for Education Research is authorized to—

15 (1) conduct and support high-quality research

16 activities, including small- and large-scale experi17 ments, longitudinal studies, controlled demonstra18 tions to test promising practices in a variety of edu19 cational settings, design and development activities,

20 evaluations, and research syntheses;

21 (2) synthesize and disseminate the findings and

22 results of education research conducted or supported

23 by the Institute;
21

HR 4994 IH

1 (3) promote the application of knowledge gained

2 from research in schools, other educational agencies

3 and institutions, homes, and communities;

4 (4) identify and disseminate information about

5 promising and effective educational practices, pro6 grams, and products for which there is clear evi7 dence of effectiveness;

8 (5) strengthen the national capacity to conduct

9 innovative and rigorous research by supporting

10 training for education researchers from a wide vari11 ety of scientific disciplines;

12 (6) promote the coordination of education re13 search and related activities within the Department

14 of Education and the Federal Government, and with

15 education research conducted outside the Federal

16 Government, as well as otherwise assisting and fos17 tering education research;

18 (7) design and use new methods and strategies

19 to conduct research and development activities that

20 improve education; and

21 (8) carry out and support activities that meet

22 the mission of the Institute and the purposes of this

23 title.
22

HR 4994 IH

1 (b) IMPLEMENTATION.—The Institute may carry out

2 the activities authorized in subsection (a) directly or

3 through grants, contracts, and cooperative agreements.

4 SEC. 122. NATIONAL RESEARCH AND DEVELOPMENT CEN5 TERS.

6 (a) IN GENERAL.—In carrying out its mission, the

7 Institute shall support not more than 10 national research

8 and development centers to carry out coherent, sustained,

9 long-term research to advance theory and practice related

10 to core issues and concerns within their particular mission

11 areas. Each center shall have a mission area that is di12 rectly related to the specific priorities of the Institute es13 tablished under section 111(c)(2), and shall serve as a

14 source of expert knowledge about its particular mission

15 area.

16 (b) AWARDS.—(1) The Institute shall make awards

17 under this section to institutions of higher education or

18 nonprofit research organizations on a competitive basis for

19 five years and may renew these awards for one additional

20 5-year period, based on its satisfactory performance (as

21 determined by the Institute in accordance with subsection

22 (c)) and continuing relevance of its research to an estab23 lished priority of the Institute.

24 (2) Awards under this section shall be of sufficient

25 size and scope to support the range of research, develop-
23

HR 4994 IH

1 ment, and dissemination activities appropriate to the par2 ticular mission areas of the centers.

3 (c) REVIEW AND PROGRESS.—(1) Prior to making an

4 award, the Institute and the center shall agree on specific

5 objectives and measurable indicators that shall be used to

6 assess the progress and performance of the center.

7 (2) The Institute shall provide for peer review of the

8 performance of research and development centers at least

9 three times during the 5-year period of their awards.

10 SEC. 123. FIELD-INITIATED EDUCATION RESEARCH.

11 (a) PRIORITIES.—(1) In carrying out the activities

12 under section 121(a), the Institute shall support field-ini13 tiated studies that address the priority research and devel14 opment needs set forth in section 111(c)(1).

15 (2) The Director, with the approval of the Board,

16 may require field-initiated studies to address the specific

17 priorities of the Institute established under section

18 111(c)(2).

19 (b) UNSOLICITED APPLICATIONS.—The Institute

20 may fund applications submitted in response to an an21 nouncement or unsolicited applications.

22 SEC. 124. REGIONAL EDUCATIONAL LABORATORIES.

23 (a) IN GENERAL.—(1) The Institute shall support

24 not more than 10 regional educational laboratories to con25 duct applied research, develop strategies, programs, and
24

HR 4994 IH

1 materials, and provide technical assistance in response to

2 the specific needs of schools, districts, and State edu3 cational agencies related to helping all students meet high

4 academic standards.

5 (2) Laboratories under this section shall ensure that

6 the products and services they provide help schools, dis7 tricts, and State educational agencies take advantage of

8 the latest and best research and proven practices in car9 rying out their school improvement efforts.

10 (3) A laboratory under this section shall be a public

11 or private nonprofit organization or institution.

12 (b) AWARDS.—(1) The Institute shall make 5-year

13 awards under this section on a competitive basis.

14 (2) Prior to making an award, the Institute and the

15 laboratory shall agree on specific objectives and measur16 able indicators to be used to assess the progress and per17 formance of the laboratory, and the laboratory shall agree

18 to issue annual public reports measuring its progress

19 against these objectives and indicators.

20 (c) GOVERNING BOARD.—(1) Each laboratory under

21 this section shall have a governing board that reflects a

22 balanced representation of the States in its region and in23 cludes teachers, researchers, and education policymakers.

24 (2) The governing board shall determine the agenda

25 of the laboratory, consistent with any priorities established
25

HR 4994 IH

1 by the Institute, and shall ensure that the work of the

2 laboratory addresses customer demand and the identified

3 needs of the schools, local educational agencies, and State

4 educational agencies within the laboratory’s region.

5 (d) TECHNICAL ASSISTANCE.—(1) In providing tech6 nical assistance, laboratories under this section shall—

7 (A) give priority to providing intensive, ongoing

8 services to high-poverty local educational agencies

9 and schools that are most in need of raising student

10 achievement; and

11 (B) help practitioners to become better con12 sumers of education research by assisting them in

13 evaluating the quality of research and applying re14 search findings to efforts to address current needs.

15 (2) Laboratories under this section shall participate

16 in a technical assistance network with the Department and

17 its other federally supported technical assistance providers

18 in order to—

19 (A) coordinate services and resources;

20 (B) ensure that the services provided are of

21 high quality, are cost-effective, and reflect the best

22 information available from research and practice, in23 cluding findings from the national research and de24 velopment centers under section 122; and
26

HR 4994 IH

1 (C) ensure that services are aligned with State

2 and local education reform efforts.

3 (e) PEER REVIEW.—The Institute shall provide for

4 peer review of—

5 (1) the performance of each laboratory under

6 this section at least three times during the 5-year

7 period of its award; and

8 (2) the overall effectiveness of the program au9 thorized by this section at least once every 5 years.

10 SEC. 125. EDUCATIONAL RESOURCES INFORMATION CEN11 TER.

12 (a) EDUCATIONAL RESOURCES INFORMATION CEN13 TER.—(1) The Institute shall maintain and support a sys14 tem of information clearinghouses that uses the World

15 Wide Web and other advanced telecommunications tech16 nologies to make high-quality, research-based information

17 related to education available to teachers, administrators,

18 policymakers, parents, researchers, students, and the pub19 lic.

20 (2) Clearinghouses under this section shall partici21 pate in a technical assistance network with the Depart22 ment and its other federally supported technical assistance

23 providers in order to—

24 (A) coordinate services and resources;
27

HR 4994 IH

1 (B) ensure that the services provided are cost2 effective and of high quality;

3 (C) ensure that the services reflect the best in4 formation available from research and practice, in5 cluding findings from national research and develop6 ment centers and regional educational laboratories;

7 and

8 (D) ensure that services are aligned with State

9 and local reform efforts.

10 (b) PEER REVIEW.—The Institute shall provide for

11 peer review of—

12 (1) the performance of each clearinghouse at

13 least three times during the 5-year period of its

14 award; and

15 (2) the effectiveness of the program authorized

16 by this section at least once every five years.

17 SEC. 126. NATIONAL LIBRARY OF EDUCATION.

18 National Library of Education.—The Institute shall

19 maintain a national library of education to help build the

20 Nation’s education research infrastructure. The library

21 shall make information related to education available to

22 employees of the Department, its contractors and grant23 ees, other Federal agencies and employees, and members

24 of the public. The Institute shall coordinate the activities
28

HR 4994 IH

1 of the library with other dissemination and technical as2 sistance activities of the Department.

3 TITLE II—NATIONAL EDUCATION

4 STATISTICS ACT

5 SEC. 201. SHORT TITLE.

6 Section 401 of the Improving America’s Schools Act

7 of 1994 (20 U.S.C. 9001 et seq.; hereinafter in this title

8 referred to as the ‘‘Act’’) is amended by—

9 (1) striking out ‘‘title’’ and inserting in lieu

10 thereof ‘‘Act’’; and

11 (2) striking out ‘‘of 1994’’.

12 SEC. 202. FINDINGS; DEFINITIONS.

13 Section 402 of the Act is amended—

14 (1) in subsection (a)—

15 (A) in paragraph (2)—

16 (i) by striking out ‘‘within the Office

17 of Educational Research and Improve18 ment’’; and

19 (ii) at the end thereof, by striking out

20 ‘‘and’’;

21 (B) in paragraph (3), by—

22 (i) striking out ‘‘looking to’’ and in23 serting in lieu thereof ‘‘entering’’; and

24 (ii) redesignating paragraph (3) as

25 paragraph (6); and
29

HR 4994 IH

1 (C) by adding new paragraphs (3), (4),

2 and (5) to read as follows:

3 ‘‘(3) the availability of valid and timely data,

4 delivered in widely accessible formats, provides pol5 icymakers, educators, parents, and the public nec6 essary information to make decisions based on

7 school, student, and teacher needs and better sup8 ports the implementation of more effective policies

9 and practices to improve education opportunities for

10 all children;

11 ‘‘(4) as schools, districts, States, and the De12 partment continue to move to performance-based

13 systems, where accountability and improvement ef14 forts are driven by student and school outcomes,

15 comprehensive and accurate information and data on

16 such outcomes become increasingly important;

17 ‘‘(5) recent technological advances permit more

18 efficient and effective strategies for the collection,

19 analysis, reporting and dissemination, and

20 warehousing of data, thereby enhancing the timeli21 ness and usability of the data; and’’; and

22 (2) in subsection (c)—

23 (A) by striking out paragraph (1); and
30

HR 4994 IH

1 (B) by redesignating paragraphs (2)

2 through (7) as paragraphs (1) through (6), re3 spectively.

4 SEC. 203. NATIONAL CENTER FOR EDUCATION STATISTICS.

5 Section 403 of the Act is amended—

6 (1) in subsection (a), by striking out ‘‘the Of7 fice of Educational Research and Improvement es8 tablished under section 208 of the Department of

9 Education Organization Act’’ and inserting in lieu

10 thereof ‘‘the Department of Education’’;

11 (2) in subsection (b)—

12 (A) by amending the subsection heading to

13 read as follows: ‘‘COMMISSIONER, DEPUTY

14 COMMISSIONER, AND ASSOCIATE COMMIS15 SIONERS.’’;

16 (B) by amending paragraph (1)(C) to read

17 as follows:

18 ‘‘(C) serve a term of four years, with the

19 terms to expire every fourth July 1st, beginning

20 in 2003.’’; and

21 (C) by amending paragraph (2) to read as

22 follows:

23 ‘‘(2) DEPUTY COMMISSIONER AND ASSOCIATE

24 COMMISSIONERS.—The Commissioner may appoint a

25 Deputy Commissioner and such Associate Commis-
31

HR 4994 IH

1 sioners as the Commissioner determines are nec2 essary and appropriate.’’;

3 (3) by redesignating subsection (b) as sub4 section (c);

5 (4) by adding a new subsection (b) to read as

6 follows:

7 ‘‘(b) PRINCIPLES OF THE CENTER’S MISSION.—The

8 Commissioner shall ensure that the Center—

9 ‘‘(1) collects and analyzes education informa10 tion and statistics under this Act in a manner that

11 meets the highest methodological standards;

12 ‘‘(2) reports education information and statis13 tics under this Act in a timely manner; and

14 ‘‘(3) collects, analyzes, and reports education

15 information and statistics under this Act in a man16 ner that—

17 ‘‘(A) is objective and free of partisan influ18 ence; and

19 ‘‘(B) is relevant and useful to practi20 tioners, researchers, policymakers, and the pub21 lic.’’; and

22 (5) by adding at the end thereof a new sub23 section (d) to read as follows:

24 ‘‘(d) APPOINTMENT OF EMPLOYEES.—
32

HR 4994 IH

1 ‘‘(1) IN GENERAL.—The Commissioner may ap2 point, for terms not to exceed three years (without

3 regard to the provisions of title 5, United States

4 Code, governing appointment in the competitive

5 service) such statistical experts (such as statisti6 cians, mathematical statisticians, economists, mathe7 maticians, computer specialists, social scientists, and

8 sociologists) of the Center as the Commissioner con9 siders necessary to accomplish the Center’s mission,

10 provided that—

11 ‘‘(A) prior to the appointment of any such

12 employee, public notice is given of the avail13 ability of such position and an opportunity is

14 provided for qualified individuals to apply and

15 compete for such position;

16 ‘‘(B) the appointment of such employee is

17 necessary to provide the Center with scientific

18 or technical expertise that could not otherwise

19 be obtained by the Center through the competi20 tive service; and

21 ‘‘(C) the total number of such employees

22 does not exceed 10 percent of the number of

23 full-time, regular scientific or professional em24 ployees of the Center.
33

HR 4994 IH

1 ‘‘(2) REAPPOINTMENT OF EMPLOYEES.—The

2 Commissioner may reappoint employees described in

3 paragraph (1) upon presentation of a clear and con4 vincing justification of need, for one additional term

5 not to exceed 3 years. All such employees shall work

6 on activities of the Center and shall not be reas7 signed to other duties outside the Center during

8 their term.’’.

9 SEC. 204. DUTIES OF THE CENTER.

10 Section 404 of the Act is amended—

11 (1) in subsection (a)(1), in the matter before

12 subparagraph (A), by striking out ‘‘and postsec13 ondary’’ and inserting in lieu thereof ‘‘postsec14 ondary, and adult’’;

15 (2) by redesignating subsection (b) as sub16 section (c); and

17 (3) by inserting a new subsection (b) to read as

18 follows:

19 ‘‘(b) PERFORMANCE MANAGEMENT.—The Commis20 sioner shall make customer service a priority and shall en21 sure a high level of customer satisfaction through—

22 ‘‘(1) establishing and improving feedback mech23 anisms in order to anticipate customer needs;
34

HR 4994 IH

1 ‘‘(2) disseminating information in formats that

2 are easily accessible and usable by researchers, prac3 titioners, and the general public;

4 ‘‘(3) utilizing the most modern technology and

5 other methods available, including arrangements to

6 use data collected electronically by States and local

7 educational agencies, to ensure the efficient collec8 tion and timely distribution of information, including

9 data and reports;

10 ‘‘(4) establishing, and measuring the Center’s

11 performance against, a set of indicators for the qual12 ity of data collected, analyzed, and reported by the

13 center; and

14 ‘‘(5) continuously improving the management

15 strategies and practices of the Center.’’.

16 SEC. 205. PERFORMANCE OF DUTIES.

17 Section 405(b) of the Act is amended—

18 (1) by redesignating paragraphs (1) through

19 (4) as paragraphs (2) through (5), respectively;

20 (2) by inserting a new paragraph (1) to read as

21 follows:

22 ‘‘(1) AUTHORITY OVER IMPLEMENTATION OF

23 DATA COLLECTION.—The Commissioner shall have

24 final authority within the Department over decisions

25 regarding the implementation of data collection ac-
35

HR 4994 IH

1 tivities, including the appropriateness of specific col2 lection methodologies, consistent with sections 121

3 and 131.’’; and

4 (3) in paragraph (3)(A), as redesignated, by in5 serting ‘‘(including information collected by States

6 and local educational agencies for their own use)’’

7 before the semicolon at the end thereof.

8 SEC. 206. REPORTS.

9 Section 406 of the Act is amended—

10 (1) in subsection (a), by striking out ‘‘1995’’

11 and inserting in lieu thereof ‘‘2001’’; and

12 (2) by adding at the end thereof a new sub13 section (d) to read as follows:

14 ‘‘(d) PROCEDURES FOR ISSUANCE OF REPORTS.—(1)

15 The Commissioner shall establish procedures to ensure

16 that the reports issued under this section are relevant, of

17 high quality, useful to customers, and subject to rigorous

18 peer review.

19 ‘‘(2) The Commissioner—

20 ‘‘(A) shall afford the appropriate offices of the

21 Department an opportunity to review and comment

22 on reports under this section before their publica23 tion, whenever they relate to matters for which those

24 offices have responsibility; and
36

HR 4994 IH

1 ‘‘(B) after such review and comment, may pub2 lish those reports without further clearance or ap3 proval by other offices of the Department.’’.

4 SEC. 207. ADVISORY COUNCIL ON EDUCATION STATISTICS.

5 Section 407(b) of the Act is amended by—

6 (1) amending paragraph (1)(D) to read as fol7 lows:

8 ‘‘(D) the Commissioner and the Director of

9 the National Institute of Education Research,

10 as nonvoting, ex officio members.’’; and

11 (2) by amending paragraph (5) to read as fol12 lows:

13 ‘‘(5) DUTIES OF THE COUNCIL.—The Council

14 shall—

15 ‘‘(A) review and advise the Commissioner

16 on—

17 ‘‘(i) general policies for the operation

18 and activities of the Center;

19 ‘‘(ii) standards to ensure that statis20 tics and other information disseminated by

21 the Center are of high quality and are not

22 subject to partisan political influence;

23 ‘‘(iii) standards for peer review;
37

HR 4994 IH

1 ‘‘(iv) the development of the data

2 quality indicators under section 112(b)(4);

3 and

4 ‘‘(v) the extent to which the data col5 lected and reported by the Center respond

6 to customer needs;

7 ‘‘(B) annually submit a report to the

8 President and the Congress on the quality and

9 usefulness of data collected and reported by the

10 Center, and on any other issues requiring public

11 attention; and

12 ‘‘(C) advise the Commissioner on technical

13 and statistical matters related to the National

14 Assessment of Educational Progress.’’.

15 SEC. 208. DISSEMINATION.

16 Section 409(e)(2) of the Act is amended by inserting

17 a comma and ‘‘in the most appropriate form (including,

18 where possible, electronically),’’ after ‘‘access’’.

19 SEC. 209. COOPERATIVE EDUCATION STATISTICS SYSTEMS.

20 Section 410 of the Act is amended by—

21 (1) in subsection (a), by striking out ‘‘data on

22 elementary and secondary education, postsecondary

23 education,’’ and inserting in lieu thereof ‘‘data on

24 early childhood education, elementary and secondary
38

HR 4994 IH

1 education, postsecondary education, adult edu2 cation,’’;

3 (2) by striking out the subsection (a) designa4 tion and heading; and

5 (3) by striking out subsection (b).

6 SEC. 210. REPEAL OF SECTION 413 AND REDESIGNATIONS.

7 (a) REPEAL.—Section 413 of the Act is repealed.

8 (b) REDESIGNATIONS.—Sections 411 and 412 of the

9 Act are redesignated as sections 412 and 413, respec10 tively.

11 SEC. 211. AUTHORIZATION OF APPROPRIATIONS FOR THE

12 CENTER.

13 The Act is amended by inserting after section 410

14 a new section 411 to read as follows:

15 ‘‘SEC. 411. AUTHORIZATION OF APPROPRIATIONS FOR THE

16 CENTER.

17 ‘‘There are authorized to be appropriated such sums

18 as may be necessary for each fiscal year in order to carry

19 out this title, including the necessary salaries and expenses

20 for the Center, other than sections 121 and 131.’’.

21 SEC. 212. NATIONAL ASSESSMENT OF EDUCATIONAL

22 PROGRESS.

23 Section 412 of the Act, as redesignated, is

24 amended—

25 (1) in subsection (a)—
39

HR 4994 IH

1 (A) by striking out ‘‘with the advice’’ and

2 inserting in lieu thereof ‘‘under the policy direc3 tion’’; and

4 (B) by striking out ‘‘section 412’’ and in5 serting in lieu thereof ‘‘section 131’’;

6 (2) in subsection (b)—

7 (A) in paragraph (1)—

8 (i) in the third sentence, by inserting

9 a comma and ‘‘in accordance with an as10 sessment schedule developed by the Na11 tional Assessment Governing Board and a

12 reporting schedule developed and published

13 by the Commissioner,’’ after ‘‘Commis14 sioner’’;

15 (ii) by amending subparagraph (A) to

16 read as follows:

17 ‘‘(A) for purposes of tracking long-term

18 national trends, collect and report data on a

19 periodic basis, but at least every 4 years, for

20 students at ages 9, 13, and 17 in reading,

21 mathematics, and science and in grades 4, 8,

22 and 11 in writing;’’;

23 (iii) by redesignating subparagraphs

24 (B) through (D) as subparagraphs (C)

25 through (E);
40

HR 4994 IH

1 (iv) by adding a new subparagraph

2 (B) to read as follows:

3 ‘‘(B) for purposes of collecting data on stu4 dent achievement based on current frameworks,

5 conduct student assessments every year in

6 grades 4, 8, and 12 in public and private

7 schools;’’;

8 (v) at the end of subparagraph (D),

9 as redesignated, by striking out ‘‘and’’;

10 (vi) at the end of subparagraph (E),

11 as redesignated, by striking out the period

12 and inserting in lieu thereof a semicolon

13 and ‘‘and’’; and

14 (vii) by adding a new subparagraph

15 (F) to read as follows:

16 ‘‘(F) provide assistance to interested

17 States that wish to benchmark their State as18 sessments to the National Assessment.’’; and

19 (B) by amending paragraph (2)(A)(ii) to

20 read as follows:

21 ‘‘(ii) Each State assessment, in each

22 subject area and at each grade level, shall

23 be conducted in a manner that will

24 produce high-quality data that are valid

25 and reliable.’’;
41

HR 4994 IH

1 (3) in subsection (c)(2)(B)—

2 (A) by inserting the clause designation

3 ‘‘(i)’’ after the subparagraph designation ‘‘(B)’’;

4 and

5 (B) by adding a clause (ii) to read as fol6 lows:

7 ‘‘(ii) Notwithstanding clause (i), the

8 Commissioner may decline to make avail9 able cognitive items for periods longer than

10 ten years if the Commissioner determines

11 that it is necessary to do so in order to

12 protect the integrity of long-term trend

13 data.’’;

14 (4) in subsection (e)—

15 (A) in paragraph (1), by striking out ‘‘age

16 and’’; and

17 (B) in paragraph (2)(A)(ii), by inserting

18 ‘‘independent’’ before ‘‘evaluation’’;

19 (5) in subsection (f)—

20 (A) in paragraph (1)(B)(i), by striking out

21 ‘‘developmental’’; and

22 (B) by amending paragraph (3) to read as

23 follows:

24 ‘‘(3) USE OF FINDINGS AND RECOMMENDA25 TIONS.—The Commissioner and the National As-
42

HR 4994 IH

1 sessment Governing Board shall consider the find2 ings and recommendations of such reviews in car3 rying out their duties and responsibilities with re4 spect to the design and implementation of the Na5 tional Assessment.’’; and

6 (6) by adding at the end thereof a new sub7 section (h) to read as follows:

8 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—For the

9 purpose of carrying out this part, there are authorized to

10 be appropriated such sums as may be necessary for fiscal

11 year 2001 and for each of the four succeeding fiscal

12 years.’’.

13 SEC. 213. NATIONAL ASSESSMENT GOVERNING BOARD.

14 Section 413 of the Act, as redesignated, is

15 amended—

16 (1) in subsection (a)—

17 (A) by inserting ‘‘within the Department of

18 Education’’ after ‘‘established’’; and

19 (B) by striking out ‘‘guidelines’’ and in20 serting in lieu thereof ‘‘direction’’;

21 (2) by amending subsection (b)(2) to read as

22 follows:

23 ‘‘(2) EX OFFICIO MEMBERS.—The Commis24 sioner and the Director of the National Institute for
43

HR 4994 IH

1 Education Research shall serve as ex officio, non2 voting members of the Board.’’;

3 (3) in subsection (c)(1), by striking out ‘‘3

4 years’’ and inserting in lieu thereof ‘‘4 years’’;

5 (4) in subsection (e)(4), by striking out the pe6 riod at the end and inserting in lieu thereof ‘‘and

7 that such items will yield valid and reliable informa8 tion about what disadvantaged, limited English pro9 ficient, and disabled students know and can do.’’;

10 and

11 (5) by adding a new subsection (i) to read as

12 follows:

13 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—For the

14 purpose of carrying out this part, there are authorized to

15 be appropriated such sums as may be necessary for fiscal

16 year 2001 and for each of the four succeeding fiscal

17 years.’’.

18 SEC. 214 REDESIGNATION OF TITLE IV OF THE ACT AS THE

19 NATIONAL EDUCATION STATISTICS ACT; SEC20 TION REDESIGNATIONS; PART HEADINGS;

21 AND CONFORMING AMENDMENTS.

22 (a) REDESIGNATION OF TITLE IV.—Title IV of the

23 Act, as amended by sections 201 through 213 of the Na24 tional Education Research and Statistics Act of 2000, is
44

HR 4994 IH

1 removed from the Act and redesignated and re-enacted as,

2 the ‘‘National Education Statistics Act’’.

3 (b) SECTION REDESIGNATIONS.—(1) Sections 401

4 and 402 of the National Education Statistics Act are re5 designated as sections 101 and 102 of the Act, respec6 tively.

7 (2) Sections 403 through 411 of the National Edu8 cation Statistics Act are redesignated as sections 111

9 through 119, respectively.

10 (3) Section 412 of the National Education Statistics

11 Act, as redesignated by section 210(b), is further redesig12 nated as section 121.

13 (4) Section 413 of the National Education Statistics

14 Act, as redesignated by section 210(b), is further redesig15 nated as section 131.

16 (c) CONFORMING AMENDMENTS.—The National

17 Education Statistics Act is amended—

18 (1) in section 102(c)(6), as redesignated—

19 (A) in subparagraph (A), by striking out

20 ‘‘section 411’’ and inserting in lieu thereof

21 ‘‘section 121’’; and

22 (B) in subparagraph (B), by striking out

23 ‘‘section 411’’ and inserting in lieu thereof

24 ‘‘section 121’’;
45

HR 4994 IH

1 (2) in section 117(e)(1), as redesignated, by

2 striking out ‘‘section 408’’ and inserting in lieu

3 thereof ‘‘section 116’’;

4 (3) in section 121, as redesignated—

5 (A) in subsection (a)—

6 (i) by striking out ‘‘section 412’’ and

7 inserting in lieu thereof ‘‘section 131’’; and

8 (ii) by striking out ‘‘section 407’’ and

9 inserting in lieu thereof ‘‘section 115’’; and

10 (B) in subsection (e)(1), by striking out

11 ‘‘section 412’’ and inserting in lieu thereof

12 ‘‘section 131’’;

13 (4) in section 131(e), as redesignated—

14 (A) in paragraph (1)—

15 (i) in subparagraph (A), by striking

16 out ‘‘section 411(b)(1)’’ and inserting in

17 lieu thereof ‘‘section 121(b)(1)’’;

18 (ii) in subparagraph (B), by striking

19 out ‘‘section 411(e)’’ and inserting in lieu

20 thereof ‘‘section 121(e)’’; and

21 (iii) in subparagraph (D), by striking

22 out ‘‘section 407’’ and inserting in lieu

23 thereof ‘‘section 115’’; and
46

HR 4994 IH

1 (B) in paragraph (6), by striking out ‘‘sec2 tion 411(e)’’ and inserting in lieu thereof ‘‘sec3 tion 121(e)’’; and

4 (5) by striking out ‘‘this title’’ wherever it ap5 pears and inserting in lieu thereof ‘‘this Act’’.

6 (d) PART HEADINGS.—The National Education Sta7 tistics Act is further amended by—

8 (1) inserting before section 111 the following

9 part heading: ‘‘PART A—NATIONAL CEN10 TER FOR EDUCATION STATISTICS’’;

11 (2) inserting before section 121 the following

12 part heading: ‘‘PART B—NATIONAL AS13 SESSMENT OF EDUCATIONAL

14 PROGRESS’’; and

15 (3) inserting before section 131 the following

16 part heading: ‘‘PART C—NATIONAL AS17 SESSMENT GOVERNING BOARD’’.

18 SEC. 215. AMERICA’S TESTS IN READING AND MATHE19 MATICS.

20 The National Education Statistics Act is further

21 amended by adding at the end thereof a new part D to

22 read as follows:
47

HR 4994 IH

1 ‘‘PART D—AMERICA’S TESTS IN READING AND

2 MATHEMATICS

3 ‘‘SEC. 141. FINDINGS; PURPOSE.

4 ‘‘(a) FINDINGS.—The Congress finds as follows:

5 ‘‘(1) The fourth grade is a significant transition

6 point for students with regard to proficiency in read7 ing. Recent studies have indicated that it is critically

8 important for all students to be able to read inde9 pendently by the end of the third grade in order to

10 make satisfactory progress in school and learn to

11 high standards.

12 ‘‘(2) Likewise, the eighth grade serves as an13 other milestone in the learning cycle of students. It

14 is critically important that by the end of the seventh

15 grade all students master analytical problem-solving

16 as well as the fundamentals of mathematics needed

17 to understand algebraic and geometric concepts and

18 applications.

19 ‘‘(3) Significant disparity exists between many

20 States’ assessments of student performance com21 pared to their students’ performance on the National

22 Assessment of Educational Progress, indicating a

23 need for measuring student performance to rigorous

24 standards.

25 ‘‘(4) Rigorous voluntary national assessments in

26 reading and mathematics will provide necessary na-
48

HR 4994 IH

1 tional and international benchmarks against which

2 teachers, administrators, parents, policymakers, and

3 students can assess learning at key points.

4 ‘‘(5) When shared with students, parents,

5 teachers, and principals, individual questions and

6 answers from assessments that are aligned to chal7 lenging content standards can serve as valuable tools

8 for assessing instructional strengths and developing

9 effective strategies to improve teaching and learning.

10 ‘‘(6) The results of an assessment based on na11 tional and international benchmarks can provide

12 schools and communities with a clear picture of stu13 dent performance that can inform better investments

14 of time, energy, and resources in schools in address15 ing the academic needs of the students.

16 ‘‘(7) A national assessment of reading and

17 mathematics that is aligned to rigorous standards,

18 involves teachers, content specialists, principals, par19 ents, and business and community leaders in test de20 velopment, provides immediate reporting of indi21 vidual student scores, allows for release of all test

22 items and materials, and introduces a new test each

23 year, can provide parents and teachers with impor24 tant tools to enable them to improve education from

25 the grassroots level.
49

HR 4994 IH

1 ‘‘(b) PURPOSE.—It is the purpose of this part to sup2 port the development of, and make available, valid, vol3 untary national tests in reading, for fourth grade students,

4 and in mathematics, for eighth grade students, in order

5 to—

6 ‘‘(1) give parents and teachers, on a timely

7 basis, the information they need to assess student

8 achievement and needs in reading and mathematics

9 for students in elementary and middle schools; and

10 ‘‘(2) assist States and localities in improving

11 and ensuring high-quality instruction in reading and

12 mathematics in all elementary and middle schools.

13 ‘‘SEC. 142. AMERICA’S TESTS IN READING AND MATHE14 MATICS.

15 ‘‘(a) IN GENERAL.—From funds available under sub16 section (g), the National Assessment Governing Board

17 (hereafter in this part referred to as the ‘‘Board’’), estab18 lished under part C of this Act, shall, through one or more

19 grants, contracts, or cooperative agreements, develop and

20 make available valid tests that assess the individual per21 formance of fourth-grade students in reading, and eighth22 grade students in mathematics, for voluntary use by

23 States, local educational agencies, private schools, other

24 educational entities, and parents.
50

HR 4994 IH

1 ‘‘(b) DUTIES OF THE BOARD.—(1) In carrying out

2 subsection (a), the Board shall develop—

3 ‘‘(A) test objectives and specifications;

4 ‘‘(B) test methodology; and

5 ‘‘(C) guidelines and criteria for—

6 ‘‘(i) test administration (including guide7 lines for the inclusion of, and accommodations

8 for, students with disabilities and students with

9 limited English proficiency);

10 ‘‘(ii) compiling and using data from such

11 tests (including the security of test items);

12 ‘‘(iii) reporting test results (including the

13 use of appropriate performance levels and the

14 timely return of test results); and

15 ‘‘(iv) the use of the tests.

16 ‘‘(2) In carrying out its duties under paragraph (1),

17 the Board shall—

18 ‘‘(A) have final authority over test design and

19 implementation of the guidelines and criteria under

20 paragraph (1)(C);

21 ‘‘(B) ensure that all items selected for use in

22 the tests are free from racial, cultural, or gender

23 bias;

24 ‘‘(C) ensure that test items adequately assess

25 student reading and mathematics knowledge and
51

HR 4994 IH

1 skills in the form most likely to yield accurate infor2 mation regarding student achievement in reading

3 and mathematics;

4 ‘‘(D) ensure that test items and test adminis5 tration appropriately accommodate the needs of dis6 advantaged, limited English proficient, and disabled

7 students;

8 ‘‘(E) ensure that Spanish-speaking students

9 with limited English proficiency are assessed using

10 tests written in Spanish, if Spanish language tests

11 are more likely to yield accurate and reliable infor12 mation about what those students know and can do;

13 ‘‘(F) make widely available, through the World

14 Wide Web and through other means, information

15 about the tests (but not individual results), including

16 test items and answers, norms and benchmarks, and

17 explanatory information, in easily understandable

18 form;

19 ‘‘(G) ensure that all test questions, test results,

20 student answers, and the answer key are returned to

21 students, their families, and their teachers not more

22 than 30 days from the day the test was adminis23 tered;

24 ‘‘(H) ensure that information is provided to

25 parents, students, and educators about the achieve-
52

HR 4994 IH

1 ment of individual students in relation to the content

2 and the rigorous performance standards of the Na3 tional Assessment, as set by the National Assess4 ment Governing Board for fourth grade reading and

5 eighth grade mathematics; and

6 ‘‘(I) ensure that all test items are released each

7 year.

8 ‘‘(c) TEST CONTENT FRAMEWORKS AND PERFORM9 ANCE LEVELS.—All tests under subsection (a) shall be

10 based on, and be at least as rigorous as, the content

11 frameworks and performance levels used for the National

12 Assessment of Educational Progress under part B of this

13 Act.

14 ‘‘(d) VOLUNTARY NATURE OF THE TESTS.—(1) The

15 Federal government shall not—

16 ‘‘(A) require participation by any State, local

17 educational agency, private school, other educational

18 entity, or individual in any tests under subsection

19 (a);

20 ‘‘(B) make participation in a test under sub21 section (a) a condition for receiving Federal funds;

22 or

23 ‘‘(C) require test participants or administrators

24 to report test results to the Federal government.
53

HR 4994 IH

1 ‘‘(2)(A) All tests under subsection (a) shall be made

2 available to all States, local educational agencies, private

3 schools, other educational entities, and parents who wish

4 to participate.

5 ‘‘(B) States, local educational agencies, private

6 schools, other educational entities, and parents that

7 choose to make available or use the tests shall comply with

8 the policies, guidelines, and criteria set forth by the Board

9 under this part.

10 ‘‘(e) USE OF TEST.—Results from tests under sub11 section (a) shall not be used by States, local educational

12 agencies, schools, or other educational entities in making

13 decisions involving—

14 ‘‘(1) the retention or graduation of students;

15 ‘‘(2) the rewarding or punishing of a teacher,

16 school, or district; and

17 ‘‘(3) the closing or State take-over of schools.

18 ‘‘(f) REVIEW AND INDEPENDENT EVALUATION.—

19 The Secretary shall provide for continuing review and an

20 independent evaluation of the tests developed under sub21 section (a).

22 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—For the

23 purpose of carrying out this part, there are authorized to

24 be appropriated such sums as may be necessary for fiscal
54

HR 4994 IH

1 year 2001 and for each of the four succeeding fiscal

2 years.’’.

3 TITLE III—AMENDMENTS TO

4 OTHER LAWS

5 SEC. 301. AMENDMENTS TO OTHER LAWS.

6 (a) THE DEPARTMENT OF EDUCATION ORGANIZA7 TION ACT.—Title II of the Department of Education Or8 ganization Act (20 U.S.C. 3401 et seq.) is amended—

9 (1) in section 202(b), by—

10 (A) redesignating the paragraph (3) as

11 paragraph (4);

12 (B) in paragraph (4), as redesignated by

13 subparagraph (A)—

14 (i) in the matter before subparagraph

15 (A), by striking out ‘‘an Assistant Sec16 retary for Educational Research and Im17 provement’’ and inserting in lieu thereof

18 ‘‘a Director of the National Institute for

19 Education Research’’; and

20 (ii) in subparagraph (B), by striking

21 out ‘‘National Educational Research Policy

22 and Priorities Board’’ and inserting in lieu

23 thereof ‘‘National Education Research

24 Board’’; and
55

HR 4994 IH

1 (C) by adding a new paragraph (5) to read

2 as follows:

3 ‘‘(5) There shall be in the Department a Com4 missioner of Education Statistics who is appointed

5 in accordance with section 111(b) of the National

6 Education Statistics Act.’’;

7 (2) by amending section 208 to read as follows:

8 ‘‘SEC. 208. NATIONAL INSTITUTE FOR EDUCATION RE9 SEARCH.

10 ‘‘There shall be in the Department of Education a

11 National Institute for Education Research, to be adminis12 tered by the Director of the National Institute for Edu13 cation Research appointed under section 202(b)(4) in ac14 cordance with the National Education Research Act.’’; and

15 (3) by adding at the end thereof a new section

16 220 to read as follows:

17 ‘‘SEC. 220. NATIONAL CENTER FOR EDUCATION STATISTICS.

18 ‘‘There shall be in the Department of Education a

19 National Center for Education Statistics, to be adminis20 tered by the Commissioner for Education Statistics ap21 pointed under section 111(b) of the National Education

22 Statistics Act in accordance with that Act.’’.

23 (b) POSITIONS.—5 U.S.C. 5315 is amended by—
56

HR 4994 IH

1 (1) striking out ‘‘Assistant Secretaries of Edu2 cation (10)’’ and inserting in lieu thereof ‘‘Assistant

3 Secretaries of Education (9)’’; and

4 (2) inserting ‘‘Director of the National Institute

5 for Education Research.’’ and ‘‘Commissioner for

6 Education Statistics’’ after ‘‘Assistant Secretaries of

7 Education (9).’’.

Æ