I
106TH CONGRESS
1ST SESSION
H. R. 893
To provide that the National Assessment Governing Board has the exclusive
authority over all policies, direction, and guidelines for establishing and
implementing certain voluntary national tests.
IN THE HOUSE OF REPRESENTATIVES
MARCH 2, 1999
Mr. FORBES introduced the following bill; which was referred to the
Committee on Education and the Workforce
A BILL
To provide that the National Assessment Governing Board
has the exclusive authority over all policies, direction,
and guidelines for establishing and implementing certain
voluntary national tests.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Voluntary Basic Edu-
cational Skills Testing Act’’.
SEC. 2. OERI ANNUAL SPENDING PLAN.
Notwithstanding any other provision of law, the As-
sistant Secretary for Educational Research and Improve-
ment shall submit to the Committees on Appropriations
of the House of Representatives and the Senate a spend-
ing plan for activities funded through the Office of Edu-
cational Research and Improvement for each fiscal year,
prior to the obligation of any funds for the fiscal year.
SEC. 3. EXCLUSIVE AUTHORITY.
Notwithstanding any other provision of law, the Na-
tional Assessment Governing Board established under sec-
tion 412 of the National Education Statistics Act of 1994
(20 U.S.C. 9011) (hereafter in this section referred to as
the ‘‘Board’’) shall hereafter have exclusive authority over
all policies, direction, and guidelines for establishing and
implementing voluntary national tests for 4th grade
English reading and 8th grade mathematics.
SEC. 4. AVAILABILITY OF TESTS.
The tests described in section 5(b) shall be made
available to a State, local educational agency, or private
or parochial school, upon the request of the State, agency,
or school, and the use of the tests shall not be a condition
for receiving any Federal funds.
SEC. 5. CONTRACT AUTHORITY.
(a) IN GENERAL.—Within 90 days after the date of
enactment of this Act, the Board shall review the national
test development contract in effect on the date of enact-
ment of this Act, and modify the contract as the Board
determines necessary. If the contract cannot be modified
to the extent determined necessary by the Board, the con-
tract shall be terminated and the Board shall negotiate
a new contract, under the Board’s exclusive control, for
the tests.
(b) BOARD DUTIES.—In exercising the Board’s re-
sponsibilities under paragraph (a) regarding the national
tests, and notwithstanding any action undertaken by the
Department of Education or a person contracting with or
providing services for the Department regarding the plan-
ning, or the development of specifications, for the tests,
the Board shall—
(1) ensure that the content and standards for
the tests are the same as the content and standards
for the National Assessment;
(2) exercise exclusive authority over any expert
panel or advisory committee that will be or is estab-
lished with respect to the tests;
(3) ensure that the tests are linked to the Na-
tional Assessment to the maximum degree possible;
(4) develop test objectives, test specifications,
and test methodology;
(5) develop policies for test administration, in-
cluding guidelines for inclusion of, and accommoda-
tions for, students with disabilities and students
with limited English proficiency;
(6) develop policies for reporting test results,
including the use of standards or performance levels,
and for test use;
(7) have final authority over the appropriate-
ness of all test items;
(8) ensure that all items selected for use on the
tests are free from racial, cultural, or gender bias;
and
(9) take such actions and make such policies as
the Board determines necessary.
SEC. 6. CONSENT REQUIREMENT.
No State or local educational agency may require any
private or parochial school student, or home-schooled indi-
vidual, to take any test developed under this title without
the written consent of the student or individual.
SEC. 7. CONFORMING AMENDMENTS.
Section 412 of the National Education Statistics Act
of 1994 (20 U.S.C. 9011) is amended—
(1) in subsection (b)(1)—
(A) by amending subparagraph (A) to read
as follows:
‘‘(A) three Governors, or former Gov-
ernors, of whom not more than 1 shall be a
member of the same political party as the
President;’’;
(B) by amending subparagraph (B) to read
as follows:
‘‘(B) two State legislators, of whom not
more than 1 shall be a member of the same po-
litical party as the President;’’;
(C) in subparagraph (H), by striking ‘one
representative’ and inserting ‘three representa-
tives’;
(D) by amending subparagraph (I) to read
as follows:
‘‘(I) two mayors, of whom not more than
1 shall be a member of the same political party
as the President;’;
(E) by striking subparagraph (J); and
(F) by redesignating subparagraphs (K), (L),
and (M) as subparagraphs (J), (K), and (L), respec-
tively;
(2) in subsection (c)—
(A) in paragraph (1), by striking ‘‘and
may not exceed a period of 3’’ and inserting
‘‘and shall be for periods of 4’’; and
(B) in paragraph (2), by inserting ‘‘con-
secutive’’ after ‘‘two’’;
(3) by amending subsection (d) to read as fol-
lows:
‘‘(d) VACANCIES.—As vacancies on the Board occur,
new members of the Board shall be appointed by the Sec-
retary from among individuals who are nominated by the
Board after consultation with representatives of the indi-
viduals described in subsection (b)(1). For each vacancy,
the Board shall nominate at least 3 individuals who are
qualified by experience or training to fill the particular
Board vacancy.’’; and
(4) in subsection (e) by adding at the end the
following:
‘‘(7) INDEPENDENCE.—In the exercise of its
functions, powers, and duties, the Board shall be
independent of the Secretary and the other offices
and officers of the Department. The Secretary shall,
by written delegation of authority, authorize the
Board to award grants and contracts, and otherwise
operate, to the maximum extent practicable, inde-
pendent of the Department.’’.
SEC. 8. APPOINTMENTS.
Not later than 30 days after the date of enactment
of this Act, the Secretary of Education, in consultation
with the Speaker and Minority Leader of the House of
Representatives, and the Majority Leader and Minority