formation regarding what those students
know and can do; or
(ii) if the language of the group is
oral or unwritten or, in the case of Alaska
Natives and other American Indians, if the
predominant language of the group is his-
torically unwritten, the furnishing of oral
instructions, assistance, and other nec-
essary information to such students relat-
ing to the English-only test; and
(11) the test is not used for a decision about
promotion or placement in special education for a
child below the age of 8 or third grade.
(c) EVALUATIONS.—
(1) STATE
EDUCATIONAL
AGENCIES.—Each
State educational agency that receives funds under
the Elementary and Secondary Education Act of
1965 and uses a large-scale test as part of a high
stakes decision described in subsection (b), shall pe-
riodically conduct a comprehensive evaluation of the
impact of high stakes decisions on students’ edu-
cation and educational outcomes, with particular
consideration given to the impact on individual stu-
dents and subgroups of students disaggregated by
socioeconomic status, race, ethnicity, limited English
proficiency, disability, and gender. The State edu-
cational agency shall make the results of the evalua-
tion available to the public and shall provide clear
and comprehensible information about the nature,
use, and interpretation of the test and the scores the
test generate.
(2) LOCAL EDUCATIONAL AGENCY.—Each local
educational agency that receives funds under the El-
ementary and Secondary Education Act of 1965,
uses a large-scale test as part of a high stakes deci-
sion described in subsection (b), and is located in a
State that does not conduct an evaluation under
paragraph (1), shall periodically conduct a com-
prehensive evaluation of the impact of high stakes
decisions on students’ education and educational
outcomes, with particular consideration given to the
impact on individual students and subgroups of stu-
dents disaggregated by socioeconomic status, race,
ethnicity, limited English proficiency, disability, and
gender. The local educational agency shall make the
results of the evaluation available to the public and
shall provide clear and comprehensible information
about the nature, use, and interpretation of the test
and the scores the test generate.
(3) DEPARTMENT
OF
EDUCATION.—The Sec-
retary shall—
(A) conduct an evaluation similar to the
evaluation described in paragraph (1) among a
representative sample of States and local edu-
cational agencies;
(B) report the results of such evaluation to
Congress; and
(C) make the results of the evaluation
available to the public.
(d) DEFINITIONS.—In this section:
(1) IN GENERAL.—The terms used in this sec-
tion have the meanings given the terms in section
14101 of the Elementary and Secondary Education
Act of 1965.
(2) LARGE-SCALE TEST.—The term ‘‘large-scale
test’’ means a test that is administered and scored
under conditions uniform to all students so that the
test scores are comparable across individuals.
(3) SOLE
CRITERION.—The term ‘‘sole cri-
terion’’ means the only one standard (such as a test
score) used to make a judgment or a decision, in-
cluding a step-wise decisionmaking procedure where
students must reach or exceed one criterion (such as
a cut score of a test) independent of or before other
criteria can be considered.
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