NAEP 2014 - 2016 System Clearance: Appendix A page A - 1



# N ATIONAL 

# C

ENTER FOR 

# E

DUCATION 

# STATISTICS 

# N ATIONAL 

# A SSESSMENT OF 

# E DUCATIONAL 

# P

ROGRESS 

# Appendix A Statute Authorizing the National Assessment of Educational Progress 

## Request for System Clearance for NAEP Assessments for 2014 - 2016 OMB# 1850 - 0790 v.36NAEP 2014 - 2016 System Clearance: Appendix A page A - 2

**P.L. 107 –**  **279, Signed by President Bush November 5, 2002, which amended P.L. 107 –**  **110, Signed by President Bush January 8, 2002**

**TITLE III —** **NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS SEC. 301. SHORT TITLE.** 

**SEC. 303. NATIONAL ASSESSMENT OF EDUCATIONAL PRO GRESS.**  a. ESTABLISHMENT - The Commissioner for Education Statistics shall, with the advice of the Assessment Board established under section 302, carry out, through grants, contracts, or cooperative agreements with one or more qualified organizations, or conso rtia 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 s ection 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 REPORT IN G - The 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 pr oduces 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 priv ate elementary

schools and secondary

schools at least once every 2 ye ars, 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 regularl y scheduled intervals, but at least as often as such assessments wereNAEP 2014 - 2016 System Clearance: Appendix A page A - 3 conducted prior to the date of enactment of the No Child Left Behind Act o f 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 d ata, 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 regularl y scheduled intervals in additional subject matter, including writing, science, history , geograph y, 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 ye ar 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 b y race, ethnicity, socioeconomic status, gender, disability and limite d English proficiency ; and H. ensure that achievement data are made available on a timely basis following official reporting, in a manner that facilitates further anal ys is and that includes trend lines. (3) STATE ASSESSMENTS I. INGENERAL - The 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 (2)(B) and (2)(E); (ii) may conduct the State academic assessments of student achi evement in reading and mathematics in grade 12 as described in paragraph (2)(C); (iii) may conduct State academic assessments of student achievement in grades 4, 8, and 12 as described in paragraphNAEP 2014 - 2016 System Clearance: Appendix A page A - 4 (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 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 an d reliable. J. AGREEMENT - (i) IN GENERAL - States participating in State assessments shall enter into an agreement with the Secretary pursuant to subsection (d)(3). (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. K. REVIEW AND RELEA SE - (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 mathem atics 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 L. INGENERAL - The use of assessment items and data on any assessment authorized under this section by an agent or agents ofNAEP 2014 - 2016 System Clearance: Appendix A page A - 5 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. M. SPECIAL RULE - An y 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, in cluding lesson plans, textbooks, or classroom materials, or instructional practices of States or local educational agencies. N. APPLICABILITY TO STUDENT EDUCATIONALDECI SI ONS Nothing in this section shall be construed to prescribe the use of any assessment a

uthorized under this section for student promotion or graduation purposes. O. APPLICABILITY TO HOME SCHOOL S - 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 an y home schooled student be required to participate in any assessment referenced or authorized under this section. (5) REQUIREMENT - Incarrying out any assessment authorized under this section, the Commissioner for Education Statistic s, in a manner consistent with subsection (c)(3), shall -- P. use widel y accepted professional testing standards, objectively measure academic achievement, knowledge, and skills, and ensure that any academic assessment authorized under this section be tests th at do not evaluate or assess personal or family beliefs and attitudes or publicly

disclose personall y identifiable information; Q. only collect information that is directly related to the appraisal of academic achievement, and to the fair and accurate present ation of such information; and R. 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 Commissioner for E ducation Statistics may provide technical assistance to States, localities, and other parties.NAEP 2014 - 2016 System Clearance: Appendix A page A - 6

c. ACCESS - (1) PUBLIC ACCESS A. INGENERAL - Except as provided in paragraph (3), parents and members of the public shall have access to all assessment data, question s, 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. TIMEL IN E - The access described in this paragraph shall be provided within 45 day s 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 integrit y of the assessment , no cop y of the assessment items or assessment instruments shall be duplicated or taken from the secure setting. (2) COMPLAI

NTS D. INGENERAL - Parents and members of the public may submit written complaints to the National Assessment Governing Board. E. FORWARDI

NG OF COMPLAI

NTS - The National Assessment Governing Board shall forward such complaints to the Commissioner for Education Statistics, the Secretary of Education, and the State and local educational agency from within which the complaint originated within 30 day s of receipt of such complaint. F. REVIEW - The National Assessment Governing Board, in consultation with the Commissioner for Education Statistics, shall review such complaint and determine whether revisions are necessary and appropriate. As determined by such review, the Assessment 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 Secr etary , describing an y action taken, not later than 30 day s after so acting. G. REPORT - The Secretary shall submit a summary report of all complaints received pursuant to subparagraph (A) and responses b y the National Assessment Governing Board pursuant to sub paragraph (C) to the Chairman of the House Committee onNAEP 2014 - 2016 System Clearance: Appendix A page A - 7 Education and the Workforce, and the Chairman of the Senate Committee on Health, Education, Labor, and Pensions. H. COGNITIVE QUESTIONS - (i) IN GENERAL - The Commissioner for Education Statistics may dec line 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 year s after initial use, cognitive questions that the Commissioner for Education Statistics intends to reuse in the future. (ii) EXTENSION - Notwithstanding clause (i), the Commissioner for Education Statistics may decline to make cognitive questions available as described in clause (i) for a period longer than 10 ye ars if the Commissioner for Education Statistics determines such additional period is necessary to protect the security

and integrit y of long - term trend data. (3) PERSONALLY IDENTIFIABLE INFORMATION I. INGENERAL - The Commissioner for Education Statistics shall ensure that all personall y 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. J. PROHIBITION - The Assessment Board, the Commissioner for Education Statistics, and any contractor or subcontractor shall not maintain any

s ys tem of records containing a student's name, birth in formation, Social Security number, or parents' name or names, or any other personally

identifiable information. (4) PENALTIES - An y unauthorized person who knowingl y discloses, publishes, or uses assessment questions, or complete and current assessment instruments of an y 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 .NAEP 2014 - 2016 System Clearance: Appendix A page A - 8

d. PARTI CI PATION - (1) VOLUNTARY PARTI CI PATION - Participation in any assessment authorized unde r this section shall be voluntary for students, schools, and local educational agencies. (2) STUDENT PARTICIPATI ON - Parents of children selected to participate in an y assessment authorized under this section shall be informed before the administration of any authorized assessment, that their child may be excused from participation for an y reason, is not required to finish any authorized assessment, and is not required to answer any test question. (3) STATE PARTI CIPATI ON A. VOLUNTARY - Participation in assessme nts authorized under this section, other than reading and mathematics in grades 4 and 8, shall be voluntary . 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 as sessment 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 ch ief State school officer shall have the right to review an y assessment item or procedure of an y authorized assessment upon request in a manner consistent with subsection (c), except the review described in subparagraph (2)(C) of subsection (c) shall take p lace in consultation with the representatives described in this paragraph. e. STUDENT ACHIEVEMENT LEVELS - (1) ACHIEVEMENT LEVEL S - The National Assessment Governing Board shall develop appropriate student achievement levels for each grade or age in each subje ct area to be tested under assessments authorized under this section, except the trend assessment described in subsection (b)(2)(F).NAEP 2014 - 2016 System Clearance: Appendix A page A - 9 (2) DETERMINATION OF LEVELS A. INGENERAL - Such levels shall -- (i) be determined b y -- (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 widel y 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 achievem ent levels shall be used on a trial basis until the 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 Commissioner for Edu cation Statistics and the Assessment Board shall ensure that reports using such levels on a trial basis do so in a manner that makes clear the status of such levels. E. UPDATES - Such levels shall be updated as appropriate by the National Assessment Governing Board in consultation with the 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 Commissioner for Educatio n Statistics shall use such levels or other methods or indicators for reporting results of the National Assessment and State assessments. (4) REVIEW - The National Assessment Governing Board shall provide for a review of an y trial student achievement levels under development b y representatives of State educational agencies or the chief State school officer in a manner consistent with subsection (c), except the review described in paragraph (2)(C) of such subsection shall take place in consultation with the r epresentatives described in this paragraph.NAEP 2014 - 2016 System Clearance: Appendix A page A - 10

f. REVIEW OF NATIONAL AND STATE ASSESSMENTS - (1) REVIEW A. INGENERAL - The Secretary shall provide for continuing review of an y assessment authorized under this section, and student achievement levels, b y one or more professional assessment evaluation organizations. B. ISSUES ADDRESSED - Such continuing review shall address -- (i) whether an y authorized assessment is properl y administered, produces high quality data that are valid and reliable, is consistent with relevant widel y 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 level s are reasonable, valid, reliable, and informative to the public; - (iii) whether an y 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 bein g assessed; (iv) whether an y of the test questions are biased, as described in section 302(e)(4); and (v) whether the appropriate authorized assessments are measuring, consistent with this section, reading ability and mathematical knowledge. (2) REPORT - Th e 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 re views. (3) USE OF FINDINGS AND RECOMMENDATIONS - The Commissioner for Education Statistics and the National Assessment Governing Board shall consider the findings and recommendations of such reviews in designing the competition to select the organization, or organizations, through which the Commissioner for Education Statistics carries out the National Assessment.NAEP 2014 - 2016 System Clearance: Appendix A page A - 11

g. COVERAGE AGREEMENTS - (1) DEPARTMENT OF DEFENSE SCHOOLS - The Secretary and the Secretary of Defense may

enter into an agreement, including such t erms as are mutuall y satisfactory, to include in the National Assessment elementary

schools and secondary

schools operated by

the Department of Defense. (2) BUREAU OF INDIAN AFFAIRS SCHOOL S - The Secretary and the Secretary of the Interior may

enter into an agreement, including such terms as are mutuall y satisfactory, to include in the National Assessment schools for Indian children operated or supported b y the Bureau of Indian Affairs.