H. R. 1—481
‘‘(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) ASSISTANT SECRETARY FOR EDUCATIONAL RESEARCH.—
The Assistant Secretary for Educational Research and Improve-
ment shall serve as an ex officio, nonvoting member of the
Board.
‘‘(3) BALANCE AND DIVERSITY.—The Secretary and the Board
shall ensure at all times that the membership of the Board
reflects regional, racial, gender, and cultural balance and diver-
sity and that the Board exercises its independent judgment,
free from inappropriate influences and special interests.
‘‘(c) TERMS.—
‘‘(1) IN GENERAL.—Terms of service of members of the Board
shall be staggered and may not exceed a period of 4 years,
as determined by the Secretary.
‘‘(2) SERVICE LIMITATION.—Members of the Board may serve
not more than two terms.
‘‘(3) CHANGE
OF
STATUS.—A member of the 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 Board pre-
viously granted 3 year terms, whose terms are in effect on
the date of enactment of the Department of Education Appro-
priations 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 Board from among individ-
uals 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 Board vacancy.
‘‘(C) 
MAINTENANCE
OF
BOARD.—The 
Secretary’s
appointments shall maintain the composition, diversity,
and balance of the 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 appro-
priate knowledge or expertise.
‘‘(e) DUTIES.—
‘‘(1) IN GENERAL.—In carrying out its functions under this
section the Board shall—
‘‘(A) select the subject areas to be assessed (consistent
with section 411(b));
H. R. 1—482
‘‘(B) develop appropriate student achievement levels
as provided in section 411(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, cur-
riculum 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 measure-
ment and assessment, content and subject matter, sam-
pling, and other technical experts who engage in large
scale surveys, including the Advisory Council established
under section 407;
‘‘(F) consistent with section 411, measure student aca-
demic 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 assess-
ment authorized by section 411 consistent with the provi-
sions of this section and section 411.
‘‘(2) DELEGATION.—The Board may delegate any of the
Board’s procedural and administrative functions to its staff.
‘‘(3) ALL
COGNITIVE
AND
NONCOGNITIVE
ASSESSMENT
ITEMS.—The Board shall have final authority on the appro-
priateness of all assessment items.
‘‘(4) PROHIBITION AGAINST BIAS.—The Board shall take steps
to ensure that all items selected for use in the National Assess-
ment 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 Board may seek technical advice, as appro-
priate, from the Commissioner and the Advisory Council on
Education Statistics and other experts.
‘‘(6) REPORT.—Not later than 90 days after an evaluation
of the student achievement levels under section 411(e), the
Board shall make a report to the Secretary, the Committee
on Education and the Workforce of the House of Representa-
tives, and the Committee on Health, Education, Labor, and
Pensions of the Senate describing the steps the 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 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 Board, such staff as will enable the Board
to carry out its responsibilities.
H. R. 1—483
‘‘(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 Commissioner and the Board shall
meet periodically—
‘‘(1) to ensure coordination of their duties and activities
relating to the National Assessment; and
‘‘(2) for the Commissioner to report to the Board on the
Department’s actions to implement the decisions of the Board.
‘‘(h) ADMINISTRATION.—The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply with respect to the Board, other
than sections 10, 11, and 12 of such Act.’’.
TITLE VII—INDIAN, NATIVE HAWAIIAN,
AND ALASKA NATIVE EDUCATION
SEC. 701. INDIANS, NATIVE HAWAIIANS, AND ALASKA NATIVES.
Title VII (20 U.S.C. 7401 et seq.) is amended to read as follows:
‘‘TITLE VII—INDIAN, NATIVE HAWAIIAN,
AND ALASKA NATIVE EDUCATION
‘‘PART A—INDIAN EDUCATION
‘‘SEC. 7101. STATEMENT OF POLICY.
‘‘It is the policy of the United States to fulfill the Federal
Government’s unique and continuing trust relationship with and
responsibility to the Indian people for the education of Indian
children. The Federal Government will continue to work with local
educational agencies, Indian tribes and organizations, postsec-
ondary institutions, and other entities toward the goal of ensuring
that programs that serve Indian children are of the highest quality
and provide for not only the basic elementary and secondary edu-
cational needs, but also the unique educational and culturally
related academic needs of these children.
‘‘SEC. 7102. PURPOSE.
‘‘(a) PURPOSE.—It is the purpose of this part to support the
efforts of local educational agencies, Indian tribes and organizations,
postsecondary institutions, and other entities to meet the unique
educational and culturally related academic needs of American
Indian and Alaska Native students, so that such students can
meet the same challenging State student academic achievement
standards as all other students are expected to meet.
‘‘(b) PROGRAMS.—This part carries out the purpose described
in subsection (a) by authorizing programs of direct assistance for—
‘‘(1) meeting the unique educational and culturally related
academic needs of American Indians and Alaska Natives;
‘‘(2) the education of Indian children and adults;
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‘‘(3) the training of Indian persons as educators and coun-
selors, and in other professions serving Indian people; and
‘‘(4) research, evaluation, data collection, and technical
assistance.
‘‘Subpart 1—Formula Grants to Local Educational
Agencies
‘‘SEC. 7111. PURPOSE.
‘‘It is the purpose of this subpart to support local educational
agencies in their efforts to reform elementary school and secondary
school programs that serve Indian students in order to ensure
that such programs—
‘‘(1) are based on challenging State academic content and
student academic achievement standards that are used for all
students; and
‘‘(2) are designed to assist Indian students in meeting those
standards.
‘‘SEC. 7112. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES.
‘‘(a) IN GENERAL.—The Secretary may make grants, from alloca-
tions made under section 7113, to local educational agencies and
Indian tribes, in accordance with this section and section 7113.
‘‘(b) LOCAL EDUCATIONAL AGENCIES.—
‘‘(1) ENROLLMENT
REQUIREMENTS.—A local educational
agency shall be eligible for a grant under this subpart for
any fiscal year if the number of Indian children eligible under
section 7117 who were enrolled in the schools of the agency,
and to whom the agency provided free public education, during
the preceding fiscal year—
‘‘(A) was at least 10; or
‘‘(B) constituted not less than 25 percent of the total
number of individuals enrolled in the schools of such
agency.
‘‘(2) EXCLUSION.—The requirement of paragraph (1) shall
not apply in Alaska, California, or Oklahoma, or with respect
to any local educational agency located on, or in proximity
to, a reservation.
‘‘(c) INDIAN TRIBES.—
‘‘(1) IN
GENERAL.—If a local educational agency that is
otherwise eligible for a grant under this subpart does not
establish a committee under section 7114(c)(4) for such grant,
an Indian tribe that represents not less than 1⁄2 of the eligible
Indian children who are served by such local educational agency
may apply for such grant.
‘‘(2) SPECIAL RULE.—The Secretary shall treat each Indian
tribe applying for a grant pursuant to paragraph (1) as if
such Indian tribe were a local educational agency for purposes
of this subpart, except that any such tribe is not subject to
section 7114(c)(4), section 7118(c), or section 7119.
‘‘SEC. 7113. AMOUNT OF GRANTS.
‘‘(a) AMOUNT OF GRANT AWARDS.—
‘‘(1) IN
GENERAL.—Except as provided in subsection (b)
and paragraph (2), the Secretary shall allocate to each local
educational agency that has an approved application under
this subpart an amount equal to the product of—