915
‘‘(2) For purposes of this subsection, the term ‘tribal
organization’ means—
‘‘(A) the recognized governing body of any In-
dian tribe, band, nation, pueblo, or other organized
community, including a Native village (as defined in
section 3(c) of the Alaska Native Claims Settlement
Act (43 U.S.C. 1602(c); 85 Stat. 688)); or
‘‘(B) in connection with any personnel action
referred to in this subsection, any local school board
as defined in section 1139, and which has been dele-
gated by such governing body the authority to grant
a waiver under such subsection with respect to such
personnel action.
‘‘(3) The term ‘Indian preference laws’ means section
12 of the Act of June 18, 1934 (25 U.S.C. 472; 48 Stat.
986) or any other provision of law granting a preference
to Indians in promotions and other personnel actions, ex-
cept that such term shall not be considered to include sec-
tion 7(b) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450e(b); 88 Stat. 2295).
‘‘(g) Subject to the authority of the Civil Service
Commission to determine finally the applicability of chap-
ter 51 of title 5, United States Code, to specific positions
and employees in the executive branch, the Secretary shall
determine in accordance with subsection (a)(1) the appli-
916
cability or inapplicability of such chapter to positions and
employees in the Bureau.
‘‘(h)(1)(A) Except as otherwise provided in this sec-
tion, the Secretary shall fix the basic compensation or an-
nual salary rate for educators and education positions at
rates comparable to the rates in effect under the General
Schedule for individuals with comparable qualifications,
and holding comparable positions, to whom chapter 51 is
applicable or on the basis of the Federal Wage System
schedule in effect for the locality.
‘‘(B) By no later than October 28, 1988, the Sec-
retary shall establish, for contracts for the 1991–1992
academic year, and thereafter, the rates of basic com-
pensation, or annual salary rates, for the positions of
teachers and counselors (including dormitory counselors
and home-living counselors) at the rates of basic com-
pensation applicable (on the date of enactment of such
Amendments and thereafter) to comparable positions in
overseas schools under the Defense Department Overseas
Teachers Pay and Personnel Practices Act, unless the Sec-
retary establishes such rates within such 6-month period
through collective bargaining with the appropriate union
representative of the education employees that is recog-
nized by the Bureau.
917
‘‘(C) By no later than October 28, 1988, the Sec-
retary shall establish the rates of basic compensation or
annual salary rates for the positions of teachers and coun-
selors (including dormitory and home-living counselors)—
‘‘(i) for contracts for the 1989–1990 academic
year, at rates which reflect 1⁄3 of the changes in the
rates applicable to such positions on April 28, 1988,
that must be made to conform the rates to the rates
established under subparagraph (B) for such posi-
tions for contracts for the 1991–1992 academic
year, and
‘‘(ii) for contracts for the 1990–1991 academic
year, at rates which reflect 2⁄3 of such changes.
‘‘(D) The establishment of rates of basic compensa-
tion and annual salary rates by the Secretary under sub-
paragraphs (B) and (C) shall not preclude the use of regu-
lations and procedures used by the Bureau before the en-
actment of the Indian Education Amendments of 1988 in
making determinations regarding promotions and ad-
vancements through levels of pay that are based on the
merit, education, experience, or tenure of the educator.
‘‘(E)(i) Except as provided in clause (ii), the estab-
lishment of rates of basic compensation and annual salary
rates by the Secretary under subparagraphs (B) and (C)
shall not affect the continued employment or compensa-
918
tion of an educator who was employed in an education po-
sition on October 31, 1979, and who did not make the
election under paragraph (2) of subsection (o).
‘‘(ii) Any individual described in clause (i) may, dur-
ing the 5-year period beginning on the date on which the
Secretary establishes rates of basic compensation and an-
nual salary rates under subparagraph (B), make an irrev-
ocable election to have the basic compensation rate or an-
nual salary rate of such individual determined in accord-
ance with this paragraph.
‘‘(iii) If an individual makes the election described in
clause (ii), such election shall not affect the application
to the individual of the same retirement system and leave
system that applies to the individual during the fiscal year
preceding the fiscal year in which such election is made,
except that the individual must use leave accrued during
a contract period by the end of that contract period.
‘‘(F) The President shall include with the budget sub-
mitted under section 1105 of title 31, United States Code,
for each of the fiscal years 1990, 1991, and 1992 a writ-
ten statement by the Secretary which specifies—
‘‘(i) the amount of funds the Secretary needs to
pay basic compensation and the annual salaries of
educators for such fiscal year, and
919
‘‘(ii) the amount of funds the Secretary esti-
mates would be needed to pay basic compensation
and the annual salaries of educators for such fiscal
year if the amendments made to this paragraph by
the Indian Education Amendments of 1988 had not
been enacted.
‘‘(2) Each educator employed in an education posi-
tion in Alaska shall be paid a cost-of-living allowance equal
to 25 per centum of the rate of basic compensation to
which such educator is entitled.
‘‘(3)(A) The Secretary may pay a postdifferential not
to exceed 25 per centum of the rate of basic compensation,
on the basis of conditions of environment or work which
warrant additional pay as a recruitment and retention
incentive.
‘‘(B)(i) Upon the request of the supervisor and the
local school board of a Bureau school, the Secretary shall
grant the supervisor of the school authorization to provide
1 or more post differentials under subparagraph (A) un-
less the Secretary determines for clear and convincing rea-
sons (and advises the board in writing of those reasons)
that certain of the requested post differentials should be
disapproved or decreased because there is no disparity of
compensation for the involved employees or positions in
920
the Bureau school, as compared with the nearest public
school, that is either—
‘‘(I) at least 5 percent, or
‘‘(II) less than 5 percent and affects the re-
cruitment or retention of employees at the school.
The request under this subparagraph shall be deemed
granted as requested at the end of the 60th day after the
request is received in the Central Office of the Bureau
unless before that time it is approved, approved with modi-
fication, or disapproved by the Secretary.
‘‘(ii) The Secretary or the supervisor of a Bureau
school may discontinue or decrease a post differential au-
thorized by reason of this subparagraph at the beginning
of a school year after either—
‘‘(I) the local school board requests that it be
discontinued or decreased, or
‘‘(II) the Secretary or the supervisor determines
for clear and convincing reasons (and advises the
board in writing of those reasons) that there is no
disparity of compensation that would affect the re-
cruitment or retention of employees at the school
after the differential is discontinued or decreased.
‘‘(iii) On or before February 1 of each year, the Sec-
retary shall submit to Congress a report describing the
requests and grants of authority under this subparagraph
921
during the previous fiscal year and listing the positions
contracted under those grants of authority.
‘‘(i) Any individual—
‘‘(1) who on the date of enactment of this Act
is holding a position which is determined under sub-
section (f) to be an education position and who
elects under subsection (o)(2) to be covered under
the provisions of this section, or
‘‘(2) who is an employee of the Federal Govern-
ment or the municipal government of the District of
Columbia 
and 
is 
transferred, 
promoted, 
or
reappointed, without break in service, from a posi-
tion under a different leave system to an education
position,
shall be credited for the purpose of the leave system pro-
vided under regulations prescribed pursuant to subsection
(b)(10), with the annual and sick leave to his credit imme-
diately before the effective date of such election, transfer,
promotion, or reappointment.
‘‘(j) Upon termination of employment with the Bu-
reau, any annual leave remaining to the credit of an indi-
vidual within the purview of this section shall be liquidated
in accordance with sections 5551(a) and 6306 of title 5,
United States Code, except that leave earned or accrued
922
under regulations prescribed pursuant to subsection
(b)(10) shall not be so liquidated.
‘‘(k) In the case of any educator who is transferred,
promoted, or reappointed, without break in service, to a
position in the Federal Government under a different leave
system, any remaining leave to the credit of such person
earned or credited under the regulations prescribed pursu-
ant to subsection (b)(10) shall be transferred to his credit
in the employing agency on an adjusted basis in accord-
ance with regulations which shall be prescribed by the
Civil Service Commission.
‘‘(l) An educator who voluntarily terminates employ-
ment with the Bureau before the expiration of the existing
employment contract between such educator and the Bu-
reau shall not be eligible to be employed in another edu-
cation position in the Bureau during the remainder of the
term of such contract.
‘‘(m) In the case of any educator employed in an edu-
cation position described in subsection (n)(1)(A) who—
‘‘(1) is employed at the close of a school year,
‘‘(2) agrees in writing to serve in such a posi-
tion for the next school year, and
‘‘(3) is employed in another position during the
recess period immediately preceding such next school
year, or during such recess period receives additional
923
compensation referred to in subsection (g)(2) or
(g)(3), section 5533 of title 5, United States Code,
relating to dual compensation, shall not apply to
such educator by reason of any such employment
during a recess period for any such receipt of addi-
tional compensation.
‘‘(n) For the purpose of this section—
‘‘(1) The term ‘education position’ means a po-
sition in the Bureau the duties and responsibilities
of which—
‘‘(A) are performed on a school-year basis
principally in a Bureau school and involve—
‘‘(i) classroom or other instruction or
the supervision or direction of classroom or
other instruction;
‘‘(ii) any activity (other than teach-
ing) which requires academic credits in
educational theory and practice equal to
the academic credits in educational theory
and practice required for a bachelor’s de-
gree in education from an accredited insti-
tution of higher education;
‘‘(iii) any activity in or related to the
field of education notwithstanding that
academic credits in educational theory and
924
practice are not a formal requirement for
the conduct of such activity; or
‘‘(iv) support services at, or associated
with, the site of the school; or
‘‘(B) are performed at the agency level of
the Bureau and involve the implementation of
education-related programs other than the posi-
tion for agency superintendent for education.
‘‘(2) The term ‘educator’ means an individual
whose services are required, or who is employed, in
an education position.
‘‘(o)(1) Subsections (a) through (n) of this section
apply to an educator hired after November 1, 1979 (and
to an educator who elected application under paragraph
(2)) and to the position in which such individual is em-
ployed. Subject to paragraph (2), the enactment of this
Act shall not affect the continued employment of an indi-
vidual employed on October 31, 1979 in an education posi-
tion, or such individual’s right to receive the compensation
attached to such position.
‘‘(2) Any individual employed in an education posi-
tion on October 31, 1979, may, not later than November
1, 1983, make an irrevocable election to be covered under
the provisions of subsection (a) through (n) of this section.
925
‘‘(p)(1) An educator who was employed in an edu-
cation position on October 31, 1979, who was eligible to
make an election under paragraph (2) of subsection (o)
at that time, and who did not make the election under
paragraph (2) of subsection (o), may not be placed on fur-
lough (within the meaning of section 7511(a)(5) of title
5, United States Code) without the consent of such educa-
tor for an aggregate of more than 4 weeks within the same
calendar year, unless—
‘‘(A) the supervisor, with the approval of the
local school board (or of the agency superintendent
for education upon appeal under paragraph (2)), of
the Bureau school at which such educator provides
services determines that a longer period of furlough
is necessary due to an insufficient amount of funds
available for personnel compensation at such school,
as determined under the financial plan process as
determined under section 1129(b) of this Act, and
‘‘(B) all educators (other than principals and
clerical employees) providing services at such Bureau
school are placed on furloughs of equal length, ex-
cept that the supervisor, with the approval of the
local school board (or of the agency superintendent
for education upon appeal under paragraph (2)),
may continue 1 or more educators in pay status if
926
(i) they are needed to operate summer programs, at-
tend summer training sessions, or participate in spe-
cial activities including (but not limited to) curricu-
lum development committees, and (ii) they are se-
lected based upon their qualifications, after public
notice of the minimum qualifications reasonably nec-
essary and without discrimination as to supervisory,
nonsupervisory, or other status of the educators who
apply.
‘‘(2) The supervisor of a Bureau school may appeal
to the appropriate agency superintendent for education
any refusal by the local school board to approve any deter-
mination of the supervisor that is described in paragraph
(1)(A) by filing a written statement describing the deter-
mination and the reasons the supervisor believes such de-
termination should be approved. A copy of such statement
shall be submitted to the local school board and such
board shall be afforded an opportunity to respond, in writ-
ing, to such appeal. After reviewing such written appeal
and response, the superintendent may, for good cause, ap-
prove the determination of the supervisor. The super-
intendent shall transmit the determination of such appeal
in the form of a written opinion to such local school board
and to the supervisor identifying the reasons for approving
such determination.
927
‘‘SEC. 1133. MANAGEMENT INFORMATION SYSTEM.
‘‘The Secretary shall establish within the Office, with-
in 1 year after the date of the enactment of the Indian
Education Amendments of 1984, a computerized manage-
ment information system, which shall provide information
to the Office. Such information shall include but shall not
be limited to—
‘‘(1) student enrollment;
‘‘(2) curriculum;
‘‘(3) staff;
‘‘(4) facilities;
‘‘(5) community demographics;
‘‘(6) student assessment information; and
‘‘(7) information on the administrative and pro-
gram costs attributable to each Bureau program, di-
vided into discreet elements.
‘‘SEC. 1134. BUREAU EDUCATION POLICIES.
‘‘Within 180 days of the date of enactment of this
Act, the Secretary shall develop, publish in the Federal
Register, and submit to all agency and area offices of the
Bureau, all tribal governments, and the appropriate com-
mittees of the Congress, a draft set of education policies,
procedures, and practices for education-related action of
the Bureau. The Secretary shall, within 1 year of the date
of enactment of this Act, provide that such uniform poli-
cies, procedures, and practices shall be finalized and pro-
928
mulgated. Thereafter, such policies, procedures, and prac-
tices and their periodic revisions, shall serve as the foun-
dation for future Bureau actions in education.
‘‘SEC. 1135. UNIFORM EDUCATION PROCEDURES AND PRAC-
TICES.
‘‘The Secretary shall cause the various divisions of
the Bureau to formulate uniform procedures and practices
with respect to such concerns of those divisions as relate
to education, and shall report such practices and proce-
dures to the Congress.
‘‘SEC. 1136. RECRUITMENT OF INDIAN EDUCATORS.
‘‘The Secretary shall institute a policy for the recruit-
ment of qualified Indian educators and a detailed plan to
promote employees from within the Bureau. Such plan
shall include opportunities for acquiring work experience
prior to actual work assignment.
‘‘SEC. 1137. ANNUAL REPORT.
‘‘(a) The Secretary shall submit to each appropriate
committee of the Congress a detailed annual report on the
state of education within the Bureau and any problems
encountered in the field of education during the year. Such
report shall contain suggestions for improving the Bureau
educational system and increasing local Indian control of
such system. Such report shall also include the current
status of tribally controlled community colleges. The an-
929
nual budget submission for the Bureau’s education pro-
grams shall, among other things, include (1) information
on the funds provided previously private schools under sec-
tion 208 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 458d; 88 Stat. 2216) and rec-
ommendations with respect to the future use of such
funds; (2) the needs and costs of operation and mainte-
nance of tribally controlled community colleges eligible for
assistance under the Tribally Controlled Community Col-
lege Assistance Act of 1978 (92 Stat. 1325; 25 U.S.C.
1801 et seq.) and recommendations with respect to meet-
ing such needs and costs; and (3) the plans required by
section 1121(f), and 1122(c); and 1125(b) of this Act (25
U.S.C. 2001(f), 2002(c), and 2005(b)).
‘‘(b) The Inspector General of the Department of the
Interior shall establish a system to ensure that financial
and compliance audits are conducted of each Bureau
school at least once in every three years. Audits of Bureau
schools shall be based upon the extent to which such
school has complied with its local financial plan under
section 1129.
‘‘SEC. 1138. RIGHTS OF INDIAN STUDENTS.
‘‘Within six months of the date of enactment of this
Act, the Secretary shall prescribe such rules and regula-
tions as are necessary to insure the constitutional and civil
930
rights of Indian students attending Bureau schools, in-
cluding, but not limited to, their right to privacy under
the laws of the United States, their right to freedom of
religion and expression and their right to due process in
connection with disciplinary actions, suspensions, and ex-
pulsions.
‘‘SEC. 1139. REGULATIONS.
‘‘Regulations required to be adopted under sections
1126 through 1138 and any revisions of the standards de-
veloped under section 1121 or 1122 of this Act shall be
deemed rules of general applicability prescribed for the ad-
ministration of an applicable program for the purposes of
section 431 of the General Education Provisions Act and
shall be promulgated, submitted for congressional review,
and take effect in accordance with the provisions of such
section. Such regulations shall contain, immediately fol-
lowing each substantive provision of such regulations, cita-
tions to the particular section or sections of statutory law
or other legal authority upon which such provision is
based.
‘‘SEC. 1140. DEFINITIONS.
‘‘For the purpose of this part—
‘‘(1) the term ‘agency school board’ means a
body, the members of which are appointed by the
school boards of the schools located within such
931
agency, and the number of such members shall be
determined by the Secretary in consultation with the
affected tribes, except that, in agencies serving a
single school, the school board of such school shall
fulfill these duties;
‘‘(2) the term ‘Bureau’ means the Bureau of
Indian Affairs of the Department of the Interior;
‘‘(3) the term ‘Bureau funded school’ means—
‘‘(A) a Bureau school;
‘‘(B) a contract school; or
‘‘(C) a school for which assistance is pro-
vided under the Tribally Controlled Schools Act
of 1988;
‘‘(4) the term ‘Bureau school’ means a Bureau
operated elementary or secondary day or boarding
school or a Bureau operated dormitory for students
attending a school other than a Bureau school;
‘‘(5) the term ‘contract school’ means an ele-
mentary or secondary school or a dormitory which
receives financial assistance for its operation under
a contract or agreement with the Bureau under sec-
tion 102, 103(a), or 208 of the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C.
450f, 450h(a), and 458d);
932
‘‘(6) the term ‘education line officer’ means
education personnel under the supervision of the Di-
rector, whether located in central, area, or agency
offices;
‘‘(7) the term ‘financial plan’ means a plan of
services to be provided by each Bureau school;
‘‘(8) the term ‘grant school’ means a school
which is provided assistance under the Tribally Con-
trolled Schools Act of 1988;
‘‘(9) the term ‘Indian organization’ means any
group, association, partnership, corporation, or other
legal entity owned or controlled by a federally recog-
nized Indian tribe or tribes, or a majority of whose
members are members of federally recognized Indian
tribes;
‘‘(10) the term ‘local educational agency’ means
a board of education or other legally constituted
local school authority having administrative control
and direction of free public education in a county,
township, independent, or other school district lo-
cated within a State, and includes any State agency
which directly operates and maintains facilities for
providing free public education;
‘‘(11) the term ‘local school board’, when used
with respect to a Bureau school, means a body cho-
933
sen in accordance with the laws of the tribe to be
served or, in the absence of such laws, elected by the
parents of the Indian children attending the school,
except that in schools serving a substantial number
of students from different tribes, the members shall
be appointed by the governing bodies of the tribes
affected; and the number of such members shall be
determined by the Secretary in consultation with the
affected tribes;
‘‘(12) the term ‘Office’ means the Office of In-
dian Education Programs within the Bureau;
‘‘(13) the term ‘Secretary’ means the Secretary
of the Interior;
‘‘(14) the term ‘supervisor’ means the individ-
ual in the position of ultimate authority at a Bureau
school; and
‘‘(15) the term ‘tribe’ means any Indian tribe,
band, nation, or other organized group or commu-
nity, including any Alaska Native village or regional
or village corporation as defined in or established
pursuant to the Alaska Native Claims Settlement
Act (85 Stat. 688) which is recognized as eligible for
the special programs and services provided by the
United States to Indians because of their status as
Indians.
934
‘‘SEC. 1141. VOLUNTARY SERVICES.
‘‘Notwithstanding section 1342 of title 31, United
States Code, the Secretary may, subject to the approval
of the local school board concerned, accept voluntary serv-
ices on behalf of Bureau schools. Nothing in this title shall
be construed to require Federal employees to work without
compensation or to allow the use of volunteer services to
displace or replace Federal employees. An individual pro-
viding volunteer services under this section is a Federal
employee only for purposes of chapter 81 of title 5, United
States Code, and chapter 171 of title 28, United States
Code.
‘‘SEC. 1142. PRORATION OF PAY.
‘‘(a) Notwithstanding any other provision of law, in-
cluding laws relating to dual compensation, the Secretary,
at the election of the employee, shall prorate the salary
of an employee employed in an education position for the
academic school-year over the entire twelve month period.
Each educator employed for the academic school-year shall
annually elect to be paid on a twelve month basis or for
those months while school is in session. No educator shall
suffer a loss of pay or benefits, including benefits under
unemployment or other Federal or federally-assisted pro-
grams, because of such election.
‘‘(b) During the course of such year the employee
may change election once.
935
‘‘(c) That portion of the employee’s pay which would
be paid between academic school years may be paid in
lump sum at the election of the employee.
‘‘(d) For the purposes of this section the terms ‘edu-
cator’ and ‘education position’ have the meaning contained
in section 1132(n)(1) and (n)(2) of this title. This section
applies to those individuals employed under the provisions
of section 1132 of this title or title 5, United States Code.
‘‘SEC. 1143. EXTRACURRICULAR ACTIVITIES.
‘‘(a) Notwithstanding any other provision of law, the
Secretary may provide, for each Bureau area, a stipend
in lieu of overtime premium pay or compensatory time off.
Any employee of the Bureau who performs additional ac-
tivities to provide services to students or otherwise support
the school’s academic and social programs may elect to
be compensated for all such work on the basis of the sti-
pend. Such stipend shall be paid as a supplement to the
employee’s base pay.
‘‘(b) If an employee elects not to be compensated
through the stipend established by this section, the appro-
priate provisions of title 5, United States Code, shall
apply.
‘‘(c) This section applies to all Bureau employees,
whether employed under section 1132 of this title or title
5, United States Code.
936
‘‘SEC. 1144. EARLY CHILDHOOD DEVELOPMENT PROGRAM.
‘‘(a) The Secretary shall provide grants to tribes,
tribal organizations, and consortia of tribes and tribal or-
ganizations to fund early childhood development programs
that are operated by such tribes, organizations, or consor-
tia.
‘‘(b)(1) The total amount of the grants provided
under subsection (a) with respect to each tribe, tribal or-
ganization, or consortium of tribes or tribal organizations
for each fiscal year shall be equal to the amount which
bears the same relationship to the total amount appro-
priated under the authority of subsection (f) for such fis-
cal year (less amounts provided under subsection (e)) as—
‘‘(A) the total number of children under 6 years
of age who are members of—
‘‘(i) such tribe,
‘‘(ii) the tribe that authorized such tribal
organization, or
‘‘(iii) any tribe that—
‘‘(I) is a member of such consortium,
or
‘‘(II) authorizes any tribal organiza-
tion that is a member of such consortium,
bears to
‘‘(B) the total number of all children under 6
years of age who are members of any tribe that—
937
‘‘(i) is eligible to receive funds under sub-
section (a),
‘‘(ii) is a member of a consortium that is
eligible to receive such funds, or
‘‘(iii) authorizes a tribal organization that
is eligible to receive such funds.
‘‘(2) No grant may be provided under subsection
(a)—
‘‘(A) to any tribe that has less than 500 mem-
bers,
‘‘(B) to any tribal organization which is author-
ized—
‘‘(i) by only 1 tribe that has less than 500
members, or
‘‘(ii) by 1 or more tribes that have a com-
bined total membership of less than 500 mem-
bers, or
‘‘(C) to any consortium composed of tribes, or
tribal organizations authorized by tribes, that have
a combined total tribal membership of less than 500
members.
‘‘(c)(1) A grant may be provided under subsection (a)
to a tribe, tribal organization, or consortia of tribes and
tribal organizations only if the tribe, organization or con-
sortia submits to the Secretary an application for the
938
grant at such time and in such form as the Secretary shall
prescribe.
‘‘(2) Applications submitted under paragraph (1)
shall set forth the early childhood development program
that the applicant desires to operate.
‘‘(d) The early childhood development programs that
are funded by grants provided under subsection (a)—
‘‘(1) shall coordinate existing programs and
may provide services that meet identified needs of
parents and children under 6 years of age which are
not being met by existing programs, including—
‘‘(A) prenatal care,
‘‘(B) nutrition education,
‘‘(C) health education and screening,
‘‘(D) educational testing, and
‘‘(E) other educational services,
‘‘(2) may include instruction in the language,
art, and culture of the tribe, and
‘‘(3) shall provide for periodic assessment of the
program.
‘‘(e) The Secretary shall, out of funds appropriated
under the authority of subsection (f), include in the grants
provided under subsection (a) amounts for administrative
costs incurred by the tribe or tribal organization in estab-
939
lishing and maintaining the early childhood development
program.
‘‘(f) For the purpose of carrying out the provisions
of this section, there are authorized to be appropriated
$5,000,000 for fiscal year 1995 and such sums as may
be necessary for each of the fiscal years 1996, 1997, 1998,
and 1999.
‘‘SEC. 1145. TRIBAL DEPARTMENTS OF EDUCATION.
‘‘(a) Subject to the availability of appropriations, the
Secretary shall provide grants and technical assistance to
tribes for the development and operation of tribal depart-
ments of education for the purpose of planning and coordi-
nating all educational programs of the tribe.
‘‘(b) Grants provided under this section shall—
‘‘(1) be based on applications from the govern-
ing body of the tribe,
‘‘(2) reflect factors such as geographic and pop-
ulation diversity,
‘‘(3) facilitate tribal control in all matters relat-
ing to the education of Indian children on Indian
reservations and on former Indian reservations in
Oklahoma,
‘‘(4) provide for the development of coordinated
educational programs on Indian reservations (includ-
ing all preschool, elementary, secondary, and higher
940
or vocational educational programs funded by tribal,
Federal, or other sources) by encouraging tribal ad-
ministrative support of all Bureau funded edu-
cational programs as well as encouraging tribal co-
operation and coordination with all educational pro-
grams receiving financial support from State agen-
cies, other Federal agencies, or private entities,
‘‘(5) provide for the development and enforce-
ment of tribal educational codes, including tribal
educational policies and tribal standards applicable
to curriculum, personnel, students, facilities, and
support programs, and
‘‘(6) otherwise comply with regulations for
grants under section 103(a) of the Indian Self-De-
termination and Educational Assistance Act (25
U.S.C. 450h) that are in effect on the date applica-
tion for such grants are made.
‘‘(c)(1) In approving and funding applications for
grants under this section, the Secretary shall give priority
to any application that—
‘‘(A) includes assurances from the majority of
Bureau funded schools located within the boundaries
of the reservation of the applicant that the tribal de-
partment of education to be funded under this sec-
tion will provide coordinating services and technical
941
assistance to all of such schools, including (but not
limited to) the submission to each applicable agency
of a unified application for funding for all of such
schools which provides that—
‘‘(i) no administrative costs other than
those attributable to the individual programs of
such schools will be associated with the unified
application, and
‘‘(ii) the distribution of all funds received
under the unified application will be equal to
the amount of funds provided by the applicable
agency to which each of such schools is entitled
under law,
‘‘(B) includes assurances from the tribal gov-
erning body that the tribal department of education
funded under this section will administer all con-
tracts or grants (except those covered by the other
provisions of this title and the Tribally Controlled
Community College Assistance Act of 1978) for edu-
cation programs administered by the tribe and will
coordinate all of the programs to the greatest extent
possible,
‘‘(C) includes assurances for the monitoring
and auditing by or through the tribal department of
education of all education programs for which funds
942
are provided by contract or grant to ensure that the
programs meet the requirements of law, and
‘‘(D) provides a plan and schedule for—
‘‘(i) the assumption over the term of the
grant by the tribal department of education of
all assets and functions of the Bureau agency
office associated with the tribe, insofar as those
responsibilities relate to education, and
‘‘(ii) the termination by the Bureau of
such operations and office at the time of such
assumption,
but when mutually agreeable between the tribal gov-
erning body and the Assistant Secretary, the period
in which such assumption is to occur may be modi-
fied, reduced, or extended after the initial year of
the grant.
‘‘(2) Subject to the availability of appropriated funds,
grants provided under this section shall be provided for
a period of 3 years and the grant may, if performance
by the grantee is satisfactory to the Secretary, be renewed
for additional 3-year terms.
‘‘(d) The Secretary shall not impose any terms, condi-
tions, or requirements on the provision of grants under
this section that are not specified in this section.
943
‘‘(e) For the purpose of carrying out the provisions
of this section, there are authorized to be appropriated
$2,000,000 for fiscal year 1995 and such sums as may
be necessary for each of the fiscal years 1996, 1997, 1998,
and 1999.
‘‘SEC. 1146. PAYMENTS.
‘‘(a)(1) Except as otherwise provided in this sub-
section, the Secretary shall make payments to grantees
under this part in 2 payments—
‘‘(A) one payment to be made no later than
July 1 of each year in an amount equal to one-half
of the amount which the grantee was entitled to re-
ceive during the preceding academic year, and
‘‘(B) the second payment, consisting of the re-
mainder to which the grantee is entitled for the aca-
demic year, shall be made no later than December
1 of each year.
‘‘(2) For any school for which no payment was made
from Bureau funds in the preceding academic year, full
payment of the amount computed for the first academic
year of eligibility under this part shall be made no later
than December 1 of the academic year.
‘‘(3) With regard to funds for grantees that become
available for obligation on October 1 of the fiscal year for
which they are appropriated, the Secretary shall make
944
payments to grantees no later than December 1 of the
fiscal year.
‘‘(4) The provisions of the Prompt Payment Act (31
U.S.C. 3901 et seq.) shall apply to the payments required
to be made by paragraphs (1), (2), and (3) of this sub-
section.’’.
(b) Paragraph (3) is amended by striking ‘‘Para-
graphs (1) and (2)’’ and inserting in lieu thereof ‘‘Para-
graphs (1), (2), and (3)’’, and is renumbered as paragraph
‘‘(5)’’.
SEC. 352. APPLICATION WITH RESPECT TO INDIAN SELF-
DETERMINATION AND EDUCATION ASSIST-
ANCE ACT.
Section 5209(a) of the Tribally Controlled Schools
Act of 1988 (25 U.S.C. 2508(a)) is amended to read as
follows:
‘‘(a) CERTAIN PROVISIONS TO APPLY TO GRANTS.—
All provisions of section 5, 6, 7, 104, 105(f), 109, and
111 of the Indian Self-Determination and Education As-
sistance Act, except those provisions relating to indirect
costs and length of contract, shall apply to grants provided
under this part.’’.
SEC. 353. PAYMENTS.
Section 5209(e) of Public Law 100–297, the Tribally
Controlled Schools Act of 1988, is amended—
945
(1) by striking ‘‘the amount of the grant under
section 5205 (and the amount of funds referred to
in that section), any payments to be made under
section 5208 of this Act,’’ and inserting in lieu
thereof: ‘‘a grant authorized to be made pursuant to
this part or any amendment to such grant’’;
(2) by striking ‘‘the amount of, or payment of,
the administrative grant’’ and inserting in lieu there-
of ‘‘an administrative cost grant’’; and
(3) by adding at the end thereof ‘‘and the
Equal Access to Justice Act shall apply to adminis-
trative appeals filed after January 1, 1994, by
grantees regarding the Tribally Controlled Schools
Grant and Administrative Cost Grants.’’.
SEC. 354. ENDOWMENT FUNDS.
Section 302 of Public Law 95–471, the Tribally Con-
trolled Community Colleges Assistance Act of 1978, is
amended—
(1) in subsection (a), by striking ‘‘section 333’’
and inserting in lieu thereof ‘‘section 331’’;
(2) in subsection (b), by deleting paragraph (1)
and inserting in lieu thereof the following:
‘‘(1) provides for the investment and mainte-
nance of funds covered by such endowment account
under the same conditions and limitations as are in
946
section 331 of the Higher Education Act and the
regulations implementing such provisions in effect at
the time such funds are invested;’’; and
(3) in subsection (b)(3) by striking ‘‘same’’ the
first time it appears.
SEC. 355. HIGHER EDUCATION AMENDMENTS OF 1992.
Section 1518 of title XV of the Higher Education
Amendments of 1992 (relating to the Santa Fe Arts Insti-
tute) is amended—
(1) in subsection (b), by adding at the end the
following new paragraph:
‘‘(6) For the purpose of complying with the
contribution requirement in this subsection, the In-
stitute may use funds or in-kind contributions of
real or personal property. For the purposes of this
paragraph, all contributions, in-kind and real estate,
which are on hand as of November 29, 1990, and
which were received after June 2, 1988, but which
have not been included in their entirety in computa-
tions under this section shall be eligible for matching
with Federal funds appropriated in any year.’’; and
(2) in subsection (c), by striking paragraph (1)
and inserting in lieu thereof the following:
‘‘(1) Funds in the trust funds described in sub-
sections (a) and (b) shall be invested under the same
947
conditions and limitations as are in section 331 of
the Higher Education Act, and the regulations im-
plementing such provisions in effect at the time such
funds are invested.’’.
TITLE IV—NATIONAL
EDUCATION STATISTICS
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘National Education
Statistics Act of 1994’’.
SEC. 402. FINDINGS; PURPOSE; DEFINITIONS.
(a) FINDINGS.—The Congress finds that—
(1) a Department of Education was established
in 1867 ‘‘for the purpose of collecting such statistics
and facts as shall show the condition and progress
of education in the several States and territories,
and of diffusing such information respecting the or-
ganization and management of schools and school
systems and methods of teaching as shall aid the
people of the United States in the establishment and
maintenance of efficient school systems, and other-
wise promote the cause of education throughout the
country’’;
(2) today, while the role of the current Depart-
ment of Education is much broader, the National
Center for Education Statistics within the Depart-
948
ment’s Office of Educational Research and Improve-
ment continues to perform those crucial original
purposes; and
(3) looking to the 21st century, the National
Center for Education Statistics must be able to de-
sign and undertake, effectively and efficiently, statis-
tical activities that will aid in reform of the Nation’s
educational systems.
(b) PURPOSE.—It is the purpose of this title to en-
sure the continuation of an effective mechanism for col-
lecting and reporting statistics and information showing
the condition and progress of education in the United
States and other nations in order to promote and acceler-
ate the improvement of American education.
(c) DEFINITIONS.—For the purpose of this title, the
term—
(1) ‘‘Assistant Secretary’’ means the Assistant
Secretary for Educational Research and Improve-
ment, provided for under section 202(b)(1)(E) of the
Department of Education Organization Act;
(2) ‘‘Department’’ means the Department of
Education;
(3) ‘‘institution of higher education’’ has the
same meaning given such term in section 1201 of
the Higher Education Act of 1965;
949
(4) ‘‘local educational agency’’ has the same
meaning given such term in section 9101(13) of the
Elementary and Secondary Education Act of 1965;
(5) ‘‘Secretary’’ means the Secretary of Edu-
cation;
(6) ‘‘State educational agency’’ has the same
meaning given such term in section 9101(20) of the
Elementary and Secondary Education Act of 1965;
and
(7) ‘‘United States’’ and ‘‘State’’ mean—
(A) other than for the purpose of section
411, each of the 50 States, the District of Co-
lumbia, and the Commonwealth of Puerto Rico;
and
(B) for the purpose of section 411, mean
the same as in subparagraph (A) and include
Guam, American Samoa, the Virgin Islands, the
Commonwealth of the Northern Mariana Is-
lands, and the Republic of Palau (until the ef-
fective date of the Compact of Free Association
with the Government of Palau).
SEC. 403. NATIONAL CENTER FOR EDUCATION STATISTICS.
(a) ESTABLISHMENT.—There is established, within
the Office of Educational Research and Improvement es-
tablished under section 209 of the Department of Edu-
950
cation Organization Act, a National Center for Education
Statistics (the ‘‘Center’’).
(b) 
COMMISSIONER
AND
ASSOCIATE
COMMIS-
SIONERS.—(1) The Center shall be headed by a Commis-
sioner of Education Statistics (the ‘‘Commissioner’’) who
shall be appointed by the President, by and with the advice
and consent of the Senate, and who shall—
(A) have substantial knowledge of programs en-
compassed by the Center;
(B) be paid in accordance with section 5315 of
title 5, United States Code; and
(C) serve for a term of 4 years, with the terms
to expire every fourth June 21, beginning in 1995.
(2) The Commissioner may appoint such Associate
Commissioners as the Commissioner determines are nec-
essary and appropriate.
SEC. 404. DUTIES OF THE CENTER.
(a) DUTIES.—The duties of the Center are to collect,
analyze, and disseminate statistics and other information
related to education in the United States and in other na-
tions, including—
(1) collecting, acquiring, compiling (where ap-
propriate, on a State by State basis), and dissemi-
nating full and complete statistics on the condition
and progress of education, at the preschool, elemen-
951
tary, secondary, and postsecondary levels in the
United States, including data on—
(A) State and local school reform activities;
(B) student achievement and other edu-
cational outcomes at all levels of education;
(C) out of school youth and adults;
(D) teachers, administrators, counselors,
and other educational personnel at all levels of
education, including the supply and demand for
such teachers;
(E) the learning and teaching environment,
including the nature and incidence of violence
affecting students, school personnel, and other
individuals participating in school activities;
(F) violence against teachers and students,
and other indices of school safety;
(G) financing and management of edu-
cation; and
(H) the socioeconomic status of children;
(2) conducting and publishing reports and anal-
yses of the meaning and significance of such statis-
tics;
(3) conducting longitudinal studies, as well as
regular and special surveys and data collections, nec-
952
essary to report on the condition and progress of
education;
(4) collecting, analyzing, cross-tabulating, and
reporting, to the extent feasible, so as to provide in-
formation by gender, race, socioeconomic status, lim-
ited-English proficiency, and other population char-
acteristics when such disaggregated information
would facilitate educational and policy decisionmak-
ing;
(5) assisting public and private educational
agencies, organizations, and institutions in improv-
ing and automating statistical and data collection
activities; and
(6) acquiring and disseminating data on edu-
cational activities and student achievement in the
United States compared with foreign nations.
(b) TRAINING PROGRAM.—The Commissioner may
establish a program to train employees of public and pri-
vate educational agencies, organizations, and institutions
in the use of the Center’s standard statistical procedures
and concepts and may establish a fellows program to ap-
point such employees as temporary fellows at the Center
in order to assist the Center in carrying out its duties.
953
SEC. 405. PERFORMANCE OF DUTIES.
(a) IN GENERAL.—In carrying out the duties under
this title, the Commissioner may enter into grants, con-
tracts, and cooperative agreements.
(b) GATHERING INFORMATION.—(1) The Commis-
sioner may use the statistical method known as sampling
to carry out the purpose of this title.
(2) The Commissioner may, as the Commissioner
considers appropriate, use information collected—
(A) from States, local educational agencies,
public and private schools, preschools, institutions of
higher education, libraries, administrators, teachers,
students, the general public, and such other individ-
uals, organizations, agencies, and institutions as the
Commissioner may consider appropriate; and
(B) by other offices within the Department and
by other Federal departments, agencies, and instru-
mentalities.
(3) The Commissioner may—
(A) enter into interagency agreements for the
collection of statistics;
(B) arrange with an agency, organization, or in-
stitution for the collection of statistics; and
(C) assign employees of the Center to any such
agency, organization, or institution to assist in such
collection.
954
(4) In order to maximize the effectiveness of Federal
efforts to serve the educational needs of children and
youth, the Commissioner shall—
(A) provide technical assistance to Department
offices that gather data for statistical purposes; and
(B) coordinate closely with other Department
offices in the collection of data.
SEC. 406. REPORTS.
(a) REPORT ON THE CONDITION AND PROGRESS OF
EDUCATION.—The Commissioner shall, no later than
June 1 of each year, submit to the President and the Con-
gress a statistical report regarding the condition and
progress of education in the United States.
(b) STATISTICAL
REPORTS.—The Commissioner
shall issue regular statistical reports to the President and
Congress on such education topics as the Commissioner
determines to be appropriate.
(c) SPECIAL REPORTS.—The Commissioner may,
whenever the Commissioner considers it appropriate, issue
special reports on particular education topics.
SEC. 407. ADVISORY COUNCIL ON EDUCATION STATISTICS.
(a) ESTABLISHMENT.—There is established, within
the Center, the Advisory Council on Education Statistics
(referred to in this title as the ‘‘Council’’).
955
(b) MEMBERSHIP.—(1) The Council shall be com-
posed of—
(A) 18 voting members who are users of edu-
cation data and who are appointed by the Secretary
on the basis of their experience and eminence within
the field, of whom at least—
(i) 3 shall be practicing educators at the
preschool, elementary, or secondary level;
(ii) 3 shall be education policymakers;
(iii) 3 shall be professional statisticians;
(iv) 3 shall be education researchers; and
(v) 3 shall be experts in educational meas-
urement;
(B) 3 individuals representing the general pub-
lic, appointed by the Secretary;
(C) the Director of the Census and the Com-
missioner of Labor Statistics, as voting, ex officio
members; and
(D) the Assistant Secretary and the Commis-
sioner, as nonvoting, ex officio members.
(2) The Commissioner shall appoint the presiding of-
ficer of the Council from among the voting members.
(3) Members of the Council appointed under para-
graph (1)(A) shall be appointed for 3-year terms except
that, in the case of initial appointments, the Secretary
956
shall make appointments for shorter terms to the extent
necessary to avoid the expiration of the terms of more
than 6 members in the same calendar year.
(4)(A) The Council shall meet in public session at the
call of the presiding officer, except that it shall meet—
(i) at least 2 times during each calendar year;
and
(ii) in addition, whenever 10 voting members
request in writing that the presiding officer call a
meeting.
(B) 11 voting members of the Council shall constitute
a quorum.
(5) The Council shall—
(A) review general policies for the operation of
the Center and shall advise the Commissioner on
standards to ensure that statistics and other infor-
mation disseminated by the Center are of high qual-
ity and are not subject to partisan political influ-
ence; and
(B) advise the Commissioner and the National
Assessment Governing Board on matters related to
the National Assessment of Education Progress.
(6) The Council shall appoint a staff to enable the
Council to carry out its duties.
957
SEC. 408. CONFIDENTIALITY.
(a) GENERAL.—(1)(A) The Center shall develop and
enforce standards designed to protect the confidentiality
of persons in the collection, reporting, and publication of
data under this section.
(B) This section shall not be construed to protect the
confidentiality of information about institutions, organiza-
tions, and agencies that receive grants from, or have con-
tracts or cooperative agreements with, the Federal Gov-
ernment.
(2) No person may—
(A) use any individually identifiable information
furnished under this title for any purpose other than
a statistical purpose;
(B) make any publication whereby the data fur-
nished by any particular person under this title can
be identified; or
(C) permit anyone other than the individuals
authorized by the Commissioner to examine the indi-
vidual reports.
(b) ADMINISTRATION.—(1)(A) No department, bu-
reau, agency, officer, or employee of the Government, ex-
cept the Commissioner in carrying out the purposes of this
title, shall require, for any reason, copies of reports that
have been filed under this title with the Center or retained
by any individual respondent.
958
(B) Copies of such reports that have been so filed
or retained with the Center or any of its employees, con-
tractors, or agents shall be immune from legal process,
and shall not, without the consent of the individual con-
cerned, be admitted as evidence or used for any purpose
in any action, suit, or other judicial or administrative
proceeding.
(C) This paragraph shall apply only to individually
identifiable information (as defined in paragraph (5)(A)).
(2) Whoever, being or having been an employee or
staff member of the Department, having taken or sub-
scribed the oath of office, or having sworn to observe the
limitations imposed by subsection (a)(2), knowingly pub-
lishes or communicates any individually identifiable infor-
mation (as defined in paragraph (5)(A)), the disclosure
of which is prohibited by subsection (a)(2), and that comes
into such individual’s possession by reason of employment
(or otherwise providing services) under this title, shall be
found guilty of a class E felony and imprisoned for not
more than 5 years, or fined as specified in 18 U.S.C.
3571, or both.
(3) The Commissioner may utilize temporary staff,
including employees of Federal, State, or local agencies
or instrumentalities including local educational agencies,
and employees of private organizations to assist the Cen-
959
ter in performing its responsibilities, but only if such tem-
porary staff are sworn to observe the limitations imposed
by this section.
(4) No collection of information or data acquisition
activity undertaken by the Center shall be subject to any
review, coordination, or approval procedure except as re-
quired by the Director of the Office of Management and
Budget under the rules and regulations established pursu-
ant to chapter 35 of title 44, United States Code, except
such collection of information or data acquisition activity
may be subject to review or coordination if the Commis-
sioner determines that such review or coordination would
be beneficial.
(5) For the purposes of this section—
(A) the term ‘‘individually identifiable informa-
tion’’ means any record, response form, completed
survey, or aggregation thereof from which informa-
tion about individuals may be revealed; and
(B) the term ‘‘report’’ means a response pro-
vided by or about an individual to an inquiry from
the Center and does not include a statistical aggre-
gation from which individually identifiable informa-
tion cannot be revealed.
(6) This paragraph shall not apply to—
960
(A) the survey required by section 1303(c) of
the Higher Education Amendments of 1986; or
(B) to any longitudinal study concerning access,
choice, persistence progress, or attainment in post-
secondary education.
(7) Any person who uses any data provided by the
Center, in conjunction with any other information or tech-
nique, to identify any individual student, teacher, adminis-
trator, or other individual and who knowingly discloses,
publishes, or uses for a purpose other than a statistical
purpose, or who otherwise violates subsection (a)(2)(A) or
(B), shall be found guilty of a class E felony and impris-
oned for not more than 5 years, or fined as specified in
section 3571 of title 18 of the United States Code, or both.
(8) Nothing in this section shall restrict the right of
the Secretary, the Comptroller General of the United
States, the Director of the Congressional Budget Office,
and the Librarian of Congress to gain access to any re-
ports or other records, including information identifying
individuals, in the Center’s possession, except that the
same restrictions on disclosure that apply to the Center
under subsection (b)(1) and (7) shall apply.
SEC. 409. DISSEMINATION.
(a) GENERAL REQUESTS.—(1) The Center may fur-
nish transcripts or copies of tables and other statistical
961
records and make special statistical compilations and sur-
veys for State and local officials, public and private orga-
nizations, and individuals.
(2) The Center shall provide State and local edu-
cational agencies opportunities to suggest the development
of particular compilations of statistics, surveys, and analy-
ses that would assist such educational agencies.
(b) CONGRESSIONAL REQUESTS.—The Center shall
furnish such special statistical compilations and surveys
as the Congress may request.
(c) JOINT STATISTICAL PROJECTS.—The Secretary
may engage in joint statistical projects related to the pur-
poses of this Act or other statistical purposes authorized
by law with nonprofit organizations or agencies, and the
cost of such projects shall be shared equitably as deter-
mined by the Secretary.
(d) FEES.—(1) Statistical compilations and surveys
under this section, other than those carried out pursuant
to subsections (b) and (c), may be made subject to the
payment of the actual or estimated cost of such work.
(2) All funds received in payment for work or services
described in this paragraph shall be deposited in a sepa-
rate account that may be used to pay directly the costs
of such work or services, to repay appropriations that ini-
962
tially bore all or part of such costs, or to refund excess
sums when necessary.
(e) ACCESS.—(1) The Center shall cooperate with
other Federal agencies having a need for educational data
in providing access to educational data received by the
Center.
(2) The Center shall, in accordance with such terms
and conditions as the Secretary may prescribe, provide all
interested parties, including public and private agencies
and individuals, direct access to data collected by the Cen-
ter for the purposes of research and acquiring statistical
information.
SEC. 410. COOPERATIVE EDUCATION STATISTICS SYSTEMS.
The Commissioner shall establish 1 or more national
cooperative education statistics systems for the purpose of
producing and maintaining, with the cooperation of the
States, comparable and uniform information and data on
elementary and secondary education, postsecondary edu-
cation, and libraries that are useful for policymaking at
the Federal, State, and local levels. In carrying out this
section, the Commissioner may provide technical assist-
ance and make grants and enter into contracts and coop-
erative agreements.
963
SEC. 
411. 
NATIONAL 
ASSESSMENT 
OF 
EDUCATIONAL
PROGRESS.
(a) ESTABLISHMENT.—The Commissioner shall, with
the advice of the Council established by section 407, carry
out, through grants, contracts, or cooperative agreements
with 1 or more qualified organizations, or consortia there-
of, a National Assessment of Educational Progress (the
‘‘National Assessment’’).
(b) PURPOSE; CONTENTS.—(1) The purpose of the
National Assessment is to provide a fair and accurate
presentation of educational achievement in reading, writ-
ing, and other subjects that are included in National
Education Goal Three.
(2) The Commissioner, in carrying out the National
Assessment, shall use sampling techniques that produce
data that are representative on a national and regional
basis and on a State basis pursuant to paragraph (3). In
addition, the Commissioner shall—
(A) collect and report data on a periodic basis,
but at least once every 2 years, on students at ages
9, 13, and 17 and in grades 4, 8, and 12 in public
and private schools;
(B) report achievement data on a basis that en-
sures valid and reliable trend reporting;
(C) include information on special groups; and
964
(D) ensure that achievement data are made
available on a timely basis following official report-
ing, in a manner that facilitates further analysis.
(3)(A)(i) The Commissioner, in carrying out the Na-
tional Assessment, may conduct State assessments of stu-
dent achievement in grades 4, 8, and 12.
(ii) Each such State assessment, in each subject area
and at each grade level shall be conducted on a trial basis.
(B)(i) States wishing to participate in State assess-
ments shall enter into an agreement with the Secretary
pursuant to subsection (d)(2).
(ii) Such agreement shall contain information suffi-
cient to give States full information about the process for
consensus decisionmaking on objectives to be tested, and
of the standards for sampling, test administration, test se-
curity, data collection, validation, and reporting.
(C) A participating State shall review and give per-
mission for the release of results from any test of its stu-
dents administered as a part of a State assessment prior
to the release of such data. Refusal by a State to release
its data shall not restrict the release of data from other
States that have approved the release of such data.
(4) In carrying out the National Assessment, the
Commissioner shall not collect any data that are not di-
rectly related to the appraisal of educational performance,
965
achievement, and traditional demographic reporting vari-
ables, or to the fair and accurate presentation of such
information.
(5) In carrying out the National Assessment, the
Commissioner may provide technical assistance to States,
localities, and other parties.
(c) ACCESS.—(1) Except as provided in paragraph
(2), the public shall have access to all data, questions, and
test instruments of the National Assessment.
(2)(A) The Commissioner shall ensure that all per-
sonally identifiable information about students, their edu-
cational performance, and their families, and that infor-
mation with respect to individual schools, remains con-
fidential, in accordance with section 552a of title 5, United
States Code.
(B) Notwithstanding any other provision of law, the
Commissioner may decline to make available to the public
for a period, not to exceed 10 years after initial use, cog-
nitive questions that the Commissioner intends to reuse
in the future.
(C)(i) The Commissioner may, upon the request of
a State educational agency or a local educational agency,
in a limited number of cases and on a trial basis, make
National Assessment test instruments available for assess-
966
ing aggregate student achievement at the local educational
agency level.
(ii)(I) Participation by a local educational agency
shall be voluntary.
(II) A State requesting the participation of a local
educational agency must accompany this request with a
statement of full written concurrence by such agency and
that such agency is requesting to participate in the local
assessment.
(iii) Before receiving such instruments, an agency
shall provide the Commissioner with assurances that con-
fidentiality and security requirements and testing proto-
cols, prescribed by the Commissioner, will be complied
with in the use of such instruments.
(d) PARTICIPATION.—(1) Participation in the na-
tional and regional assessments by State and local edu-
cational agencies shall be voluntary.
(2) Participation in assessments made on a State
basis shall be voluntary. The Commissioner shall enter
into an agreement with any State that desires to carry
out an assessment for the State under this subsection.
Each such agreement shall contain provisions designed to
ensure that the State will—
(A) participate in the assessment; and
967
(B) pay from non-Federal sources the non-Fed-
eral share of participation.
(3)(A) For each fiscal year, the non-Federal share
for the purpose of paragraph (2)(B) shall be—
(i) the cost of conducting the assessment at the
school level for all public schools in the State sam-
ple, including the analysis and reporting of the data;
(ii) the cost of coordination within the State;
and
(iii) other reasonable costs specified by the Sec-
retary in the agreement described in paragraph (2).
(B) The non-Federal share of payments under this
paragraph may be in cash or in kind, fairly valued.
(C) The agreement described in paragraph (2) shall
describe the manner in which, the costs of administering
the assessment to private nonprofit schools included in the
State sample may be met.
(4) The implementation of subparagraph (C) of para-
graph (2) of subsection (d) shall involve no cost to the
Federal Government.
(e) STUDENT PERFORMANCE LEVELS.—(1) The Na-
tional Assessment Governing Board established under sec-
tion 412, working with the Assistant Secretary, shall de-
velop appropriate student performance levels for each age
968
and grade in each subject area to be tested under the Na-
tional Assessment.
(2) The Commissioner, with the advice of the Council,
shall establish rigorous standards for the evaluation of
such levels.
(3)(A) Such levels shall be—
(i) devised through a national consensus ap-
proach, providing for active participation of teachers,
curriculum specialists, local school administrators,
parents, and concerned members of the general
public;
(ii) used on a trial basis until the Commissioner
determines, through an evaluation under subsection
(f), that such levels meet the standards under para-
graph (2) and are reasonable, valid, and informative
to the public; and
(iii) updated as appropriate.
(B) In using such levels on a trial basis, the Commis-
sioner and the Board may only issue reports on such levels
separate and apart from the regular reports on the Na-
tional Assessment and State assessments.
(4) After determining that such levels are reasonable,
valid and informative, the Commissioner may use such lev-
els or other methods or indicators for reporting results of
the National Assessment and State assessments.
969
(f) REVIEW
OF NATIONAL
AND STATE ASSESS-
MENTS.—(1) The Commissioner shall provide for continu-
ing reviews by the National Academy of Education or the
National Academy of Sciences of the National Assessment,
State assessments, local educational agency assessments,
and student performance levels. Such reviews shall ad-
dress whether each trial state assessment is properly ad-
ministered, produces high quality data that is valid and
reliable, produces data on student achievement that is not
otherwise available to the State exclusive of data compar-
ing participating States to each other and the Nation, and
is a cost-effective method of producing the data. The Com-
missioner shall also carry out evaluation studies by the
Center and solicitation of public comment on the conduct
and usefulness of the National Assessment. The Commis-
sioner shall report to the Congress, the President, and the
Nation on the findings and recommendations of such
reviews.
(2) The Commissioner shall consider the findings and
recommendations in designing the competition to select
the organization, or organizations, through which the Of-
fice carries out the National Assessment.
(g) COVERAGE AGREEMENTS.—(1) The Secretary
and the Secretary of Defense may enter into an agree-
ment, including such terms as are mutually satisfactory,
970
to include in the National Assessment the defense depend-
ents education system established under the Defense De-
pendents’ Education Act of 1978.
(2) The Secretary and the Secretary of the Interior
may enter into an agreement, including such terms as are
mutually satisfactory, to include in the National Assess-
ment schools for Indian children operated or supported by
the Bureau of Indian Affairs.
SEC. 412. NATIONAL ASSESSMENT GOVERNING BOARD.
(a) ESTABLISHMENT.—There is established the Na-
tional Assessment Governing Board (the ‘‘Board’’) which
shall formulate policy guidelines for the National Assess-
ment, as provided in subsection (e).
(b) MEMBERSHIP.—(1) The Board shall be appointed
by the Secretary and shall be composed of—
(A) 2 Governors, or former Governors, who
shall not be members of the same political party;
(B) 2 State legislators, who shall not be mem-
bers of the same political party;
(C) 2 chief State school officers;
(D) 1 member of a State board of education;
(E) 1 superintendent of a local educational
agency;
(F) 1 member of a local board of education;
971
(G) 3 classroom teachers representing the grade
levels at which the National Assessment is con-
ducted;
(H) 1 representative of business or industry;
(I) 2 curriculum specialists;
(J) 3 testing and measurement experts;
(K) 1 nonpublic school administrator or policy-
maker;
(L) 2 school principals, one of whom is an ele-
mentary school principal and the other of whom is
a secondary principal; and
(M) 4 additional members who are representa-
tives of the general public, including parents.
(2) The Assistant Secretary for Educational Re-
search and Improvement shall serve an an ex officio and
nonvoting member of the Board.
(3) In making appointments under this subsection
and filling vacancies under subsection (d), the Secretary
shall ensure that the membership of the Board reflects
regional, racial, gender, and cultural diversity and balance.
(c) TERMS.—(1) Terms of service of members of the
Board shall be staggered and may not exceed a period of
3 years, as determined by the Secretary.
(2) Members of the Board may serve not more than
two consecutive terms.
972
(3) 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 expi-
ration of such term.
(d) VACANCIES.—The Secretary shall appoint new
members to fill vacancies on the Board—
(1) after soliciting recommendations from a
wide variety of organizations, including those rep-
resenting the types of individuals listed in subsection
(b)(1); and
(2) in a manner which maintains the composi-
tion, diversity and balance of the Board required
under subsection (b).
(e) DUTIES.—(1) The Board, working with the As-
sistant Secretary, shall develop—
(A) appropriate student performance levels as
provided in section 411(e);
(B) assessment objectives and test specifica-
tions through a national consensus approach which
includes the active participation of teachers, curricu-
lum specialists, local school administrators, parents,
and concerned members of the public;
(C) guidelines for analysis plans and for report-
ing and disseminating National Assessment results;
and
973
(D) recommendations for actions needed to im-
prove the form and use of the National Assessment.
(2) The Board, working with the Commissioner, shall
take steps to ensure that all items selected for use in the
National Assessment are free from racial, cultural, gender,
or regional bias.
(3) In carrying out the duties required by paragraph
(1), the Board shall seek technical advice, as appropriate,
from the Commissioner and the Advisory Council on Edu-
cation Statistics.
(4) Within 90 days following an evaluation of the stu-
dent performance levels under section 411(f), the Board
shall make a report to the Secretary of Education, the
Committee on Education and Labor of the House of Rep-
resentatives, and the Committee on Labor and Human Re-
sources of the Senate describing the steps the Board is
taking to respond to each of the recommendations con-
tained in such evaluation.
(f) PERSONNEL.—(1) The Secretary may appoint, at
the request of the Board, such staff as will enable the
Board to carry out its responsibilities under subsection
(e)(1).
(2) 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