169 
‘‘(e) AWARDING GRANTS, CONTRACTS, OR COOPERA-
TIVE AGREEMENTS.— 
‘‘(1) ASSURANCES.—In awarding grants, con-
tracts, or cooperative agreements under this section, 
the Evaluation and Regional Assistance Commis-
sioner shall— 
‘‘(A) make such an award for not more 
than a 5-year period; 
‘‘(B) ensure that regional educational lab-
oratories established under this section have 
strong and effective governance, organization, 
management, and administration, and employ 
qualified staff; and 
‘‘(C) ensure that each such laboratory has 
the flexibility to respond in a timely fashion to 
the needs of the laboratory’s region, including— 
‘‘(i) through using the results of the 
laboratory’s interim evaluation under sub-
section (i)(3) to improve and modify the ac-
tivities of the laboratory before the end of 
the award period; and 
‘‘(ii) through sharing preliminary re-
sults of the laboratory’s research, as appro-
priate, to increase the relevance and useful-
ness of the research. 
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170 
‘‘(2) COORDINATION.—To ensure coordination 
and prevent unnecessary duplication of activities 
among the regions, the Evaluation and Regional As-
sistance Commissioner shall— 
‘‘(A) share information about the activities 
of each regional educational laboratory with each 
other regional educational laboratory, the De-
partment, the Director, and the National Board 
for Education Sciences; 
‘‘(B) ensure, where appropriate, that the ac-
tivities of each regional educational laboratory 
established under this section also serve national 
interests; 
‘‘(C) ensure each such regional educational 
laboratory establishes strong partnerships among 
practitioners, policymakers, researchers, and oth-
ers, so that such partnerships are continued in 
the absence of Federal support; and 
‘‘(D) enable, where appropriate, for such a 
laboratory to work in a region being served by 
another laboratory or to carry out a project that 
extends beyond the region served by the labora-
tory. 
‘‘(3) COLLABORATION WITH TECHNICAL ASSIST-
ANCE PROVIDERS.—Each regional educational labora-
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171 
tory established under this section shall, on an ongo-
ing basis, coordinate its activities, collaborate, and 
regularly exchange information with the comprehen-
sive centers (established in section 203) in the region 
in which the center is located, and with comprehen-
sive centers located outside of its region, as appro-
priate. 
‘‘(4) OUTREACH.—In conducting competitions 
for grants, contracts, or cooperative agreements under 
this section, the Evaluation and Regional Assistance 
Commissioner shall— 
‘‘(A) by making information and technical 
assistance relating to the competition widely 
available, actively encourage eligible applicants 
to compete for such an award; and 
‘‘(B) seek input from the chief executive offi-
cers of States, chief State school officers, edu-
cators, parents, superintendents, and other indi-
viduals with knowledge of the needs of the re-
gions to be served by the awards, regarding— 
‘‘(i) the needs in the regions for ap-
plied research, evaluation, development, and 
wide-dissemination activities authorized by 
this title; and 
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172 
‘‘(ii) how such needs may be addressed 
most effectively. 
‘‘(5) PERFORMANCE
MANAGEMENT.—Before the 
Evaluation and Regional Assistance Commissioner 
awards a grant, contract, or cooperative agreement 
under this section, the Director shall establish meas-
urable performance indicators for assessing the ongo-
ing progress and performance of the regional edu-
cational laboratories established with such awards 
that address the requirements of the performance 
management system described in section 185. 
‘‘(6) STANDARDS.—The Evaluation and Re-
gional Assistance Commissioner shall adhere to the 
Institute’s system for technical and peer review under 
section 114(h) in reviewing the applied research ac-
tivities and research-based reports of the regional edu-
cational laboratories. 
‘‘(7) 
REQUIRED
CONSIDERATION.—In 
deter-
mining whether to award a grant, contract, or coop-
erative agreement under this section— 
‘‘(A) to an eligible applicant that previously 
established a regional educational laboratory 
under this section, the Evaluation and Regional 
Assistance Commissioner shall— 
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173 
‘‘(i) consider the results of such labora-
tory’s summative evaluation under sub-
section (i)(2), or, if not available, any in-
terim evaluation findings under subsection 
(i)(3); and 
‘‘(ii) ensure that only such laboratories 
determined effective in their relevant in-
terim or summative evaluations, as de-
scribed in subsection (i), are eligible to re-
ceive a new grant, contract, or cooperative 
agreement; and 
‘‘(B) to any eligible applicant, the Evalua-
tion and Regional Assistance Commissioner shall 
ensure that such applicant has— 
‘‘(i) a history of effectiveness in con-
ducting high-quality applied research; and 
‘‘(ii) the capacity to meet the measur-
able 
performance 
indicators 
established 
under paragraph (5). 
‘‘(8) FLEXIBILITY IN LABORATORY NUMBER.— 
‘‘(A) 
DETERMINATION.—The 
Evaluation 
and Regional Assistance Commissioner, in con-
sultation with the regional educational labora-
tory advisory boards described in subsection (h), 
may determine that establishing 10 regional edu-
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174 
cational laboratories is unnecessary, as required 
in subsection (a), and grant an alternative num-
ber of awards or reorganize such laboratories, 
which may include not basing the awards on the 
regions described in subsection (b), if— 
‘‘(i) an insufficient number of regional 
educational laboratories are meeting the 
needs of the regions described in subsection 
(b), as determined by the Commissioner; 
‘‘(ii) an insufficient number of labora-
tories are meeting the measurable perform-
ance indicators established under paragraph 
(5), as determined by the Commissioner and 
the most recent interim or summative eval-
uation under subsection (i); or 
‘‘(iii) an insufficient number of eligible 
applicants have the capacity to meet the 
measurable performance indicators estab-
lished under paragraph (5), as determined 
by the Commissioner. 
‘‘(B) LIMITATION.—If the Evaluation and 
Regional Assistance Commissioner uses the deter-
mination authority described in subparagraph 
(A), there shall be no more than 10 regional edu-
cational laboratories established. 
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