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(K) one nonpublic school administrator or pol-
icymaker;
(L) two school principals, one elementary and
one secondary; and
(M) four additional members who are represent-
atives of the general public, including parents.
(2) The Assistant Secretary for Educational Re-
search and Improvement shall serve as an ex officio,
nonvoting member of the Board.
(3) The Secretary and the Board shall ensure at all
times that the membership of the Board reflects regional,
racial, gender, and cultural balance and diversity and that
it exercises its independent judgment, free from inappro-
priate influences and special interests.
(c) TERMS.—Members of the Board shall serve for
terms not to exceed four years which shall be staggered,
as determined by the Secretary. Any appointed member
of the Board who changes status under subsection (b) dur-
ing the term of the appointment of the member may con-
tinue to serve as a member until the expiration of such
term.
(d) VACANCIES.—As vacancies occur, new members
of the Board shall be appointed by the Secretary from
among individuals who are nominated by the Board after
consultation with representatives of the groups listed in
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subsection (b)(1). For each vacancy, the Board shall nomi-
nate at least three individuals who, by reason of experience
or training, are qualified in that particular Board vacancy.
(e) DUTIES.—(1) In carrying out its functions under
this section the Board shall—
(A) select subject areas to be assessed (consist-
ent with section 11(b)(1));
(B) identify appropriate achievement goals for
each age and grade in each subject area to be tested
under the National Assessment;
(C) develop assessment objectives;
(D) develop test specifications;
(E) design the methodology of the assessment;
(F) develop guidelines for analysis plans and
for reporting and disseminating results;
(G) develop standards and procedures for inter-
state, regional, and national comparisons; and
(H) take appropriate actions needed to improve
the form and use of the National Assessment.
(2) The Board may delegate any of its procedural and
administrative functions to its staff.
(3) The Board shall have final authority on the ap-
propriateness of cognitive items.
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(4) The Board shall take steps to ensure that all
items selected for use in the National Assessment are free
from racial, cultural, gender, or regional bias.
(5) Each learning area assessment shall have goal
statements devised through a national consensus ap-
proach, providing for active participation of teachers, cur-
riculum specialists, local school administrators, parents,
and concerned members of the general public.
(f) PERSONNEL.—(1) In the exercise of its respon-
sibilities, the Board shall be independent of the Secretary
and the other offices and officers of the Department of
Education.
(2) The Secretary may appoint, at the direction of
the Board, such staff as the Board requires. Such appoint-
ments may include, for terms not to exceed three years,
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service,
not more than six technical employees to administer this
subsection, who may be paid without regard to the provi-
sions of chapter 51 and subchapter III of chapter 53 of
such title relating to classification and General Schedule
pay rates.
(g) COMMISSIONER REPORTS.—The Commissioner
shall report to the Board at regular intervals on the De-
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partment’s actions to implement the decisions of the
Board.
(h) ADMINISTRATION.—(1) Not to exceed ten percent
of the funds available for the National Assessment for any
fiscal year may be used for administrative expenses (in-
cluding staff, consultants, and contracts) and to carry out
the Board’s functions described in subsection (e).
(2) For the purposes of its administrative functions,
the Board shall have the authorities authorized by the
Federal Advisory Committee Act and shall be subject to
the open meeting provisions of that law.
AUTHORIZATIONS OF APPROPRIATIONS
SEC. 13. There are authorized to be appropriated
such sums as may be necessary for each of the fiscal years
1995 through 1999 to carry out this Act.
REPEAL
SEC. 14. Section 406 of the General Education Provi-
sions Act (20 U.S.C. 1221e–1) is repealed.
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