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tors to be used to assess the particular programs or
initiatives, and ongoing progress and performance, of
the regional educational laboratories, in order to en-
sure that the educational needs of the region are being
met and that the latest and best research and proven
practices are being carried out as part of school im-
provement efforts.
(5) STANDARDS.—The Evaluation and Regional
Assistance Commissioner shall establish a system for
technical and peer review to ensure that applied re-
search activities, research-based reports, and products
of the regional educational laboratories are consistent
with the research standards described in section 134
and the evaluation standards adhered to pursuant to
section 173(a)(2)(A).
(f) CENTRAL MISSION
AND PRIMARY FUNCTION.—
Each regional educational laboratory awarded a contract
under this section shall support applied research, develop-
ment, wide dissemination, and technical assistance activi-
ties by—
(1) providing training (which may include sup-
porting internships and fellowships and providing
stipends) and technical assistance to State edu-
cational agencies, local educational agencies, school
boards, schools funded by the Bureau as appropriate,
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and State boards of education regarding, at a
minimum—
(A) the administration and implementation
of programs under the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6301
et seq.);
(B) scientifically valid research in edu-
cation on teaching methods, assessment tools,
and high quality, challenging curriculum frame-
works for use by teachers and administrators in,
at a minimum—
(i) the core academic subjects of mathe-
matics, science, and reading;
(ii) English language acquisition;
(iii) education technology; and
(iv) the replication and adaption of ex-
emplary and promising practices and new
educational methods, including professional
development strategies and the use of edu-
cational technology to improve teaching and
learning; and
(C) the facilitation of communication be-
tween educational experts, school officials, and
teachers, parents, and librarians, to enable such
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individuals to assist schools to develop a plan to
meet the State education goals;
(2) developing and widely disseminating, includ-
ing through Internet-based means, scientifically valid
research, information, reports, and publications that
are usable for improving academic achievement, clos-
ing achievement gaps, and encouraging and sus-
taining school improvement, to—
(A) schools, districts, institutions of higher
education, educators (including early childhood
educators and librarians), parents, policymakers,
and other constituencies, as appropriate, within
the region in which the regional educational lab-
oratory is located; and
(B) the National Center for Education
Evaluation and Regional Assistance;
(3) developing a plan for identifying and serving
the needs of the region by conducting a continuing
survey of the educational needs, strengths, and weak-
nesses within the region, including a process of open
hearings to solicit the views of schools, teachers, ad-
ministrators, parents, local educational agencies, li-
brarians, and State educational agencies within the
region;
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(4) in the event such quality applied research
does not exist as determined by the regional edu-
cational laboratory or the Department, carrying out
applied research projects that are designed to serve the
particular educational needs (in prekindergarten
through grade 16) of the region in which the regional
educational laboratory is located, that reflect findings
from scientifically valid research, and that result in
user-friendly, replicable school-based classroom appli-
cations geared toward promoting increased student
achievement, including using applied research to as-
sist in solving site-specific problems and assisting in
development activities (including high-quality and
on-going professional development and effective paren-
tal involvement strategies);
(5) supporting and serving the educational devel-
opment activities and needs of the region by pro-
viding educational applied research in usable forms
to promote school-improvement, academic achieve-
ment, and the closing of achievement gaps and con-
tributing to the current base of education knowledge
by addressing enduring problems in elementary and
secondary education and access to postsecondary edu-
cation;
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(6) collaborating and coordinating services with
other technical assistance providers funded by the De-
partment of Education;
(7) assisting in gathering information on school
finance systems to promote improved access to edu-
cational opportunities and to better serve all public
school students;
(8) assisting in gathering information on alter-
native administrative structures that are more condu-
cive to planning, implementing, and sustaining school
reform and improved academic achievement;
(9) bringing teams of experts together to develop
and implement school improvement plans and strate-
gies, especially in low-performing or high poverty
schools; and
(10) developing innovative approaches to the ap-
plication of technology in education that are unlikely
to originate from within the private sector, but which
could result in the development of new forms of edu-
cation software, education content, and technology-en-
abled pedagogy.
(g) ACTIVITIES.—Each regional educational labora-
tory awarded a contract under this section shall carry out
the following activities:
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(1) Collaborate with the National Education
Centers in order to—
(A) maximize the use of research conducted
through the National Education Centers in the
work of such laboratory;
(B) keep the National Education Centers
apprised of the work of the regional educational
laboratory in the field; and
(C) inform the National Education Centers
about additional research needs identified in the
field.
(2) Consult with the State educational agencies
and local educational agencies in the region in devel-
oping the plan for serving the region.
(3) Develop strategies to utilize schools as critical
components in reforming education and revitalizing
rural communities in the United States.
(4) Report and disseminate information on over-
coming the obstacles faced by educators and schools in
high poverty, urban, and rural areas.
(5) Identify successful educational programs that
have either been developed by such laboratory in car-
rying out such laboratory’s functions or that have
been developed or used by others within the region
served by the laboratory and make such information
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available to the Secretary and the network of regional
educational laboratories so that such programs may
be considered for inclusion in the national education
dissemination system.
(h) GOVERNING BOARD AND ALLOCATION.—
(1) IN GENERAL.—In carrying out its respon-
sibilities, each regional educational laboratory award-
ed a contract under this section, in keeping with the
terms and conditions of such laboratory’s contract,
shall—
(A) establish a governing board that—
(i) reflects a balanced representation
of—
(I) the States in the region;
(II) the interests and concerns of
regional constituencies; and
(III) technical expertise;
(ii) includes the chief State school offi-
cer or such officer’s designee of each State
represented in such board’s region;
(iii) includes—
(I) representatives nominated by
chief executive officers of States and
State organizations of superintendents,
principals, institutions of higher edu-
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cation, teachers, parents, businesses,
and researchers; or
(II) other representatives of the
organizations described in subclause
(I), as required by State law in effect
on the day before the date of enactment
of this Act;
(iv) is the sole entity that—
(I) guides and directs the labora-
tory in carrying out the provisions of
this subsection and satisfying the terms
and conditions of the contract award;
(II) determines the regional agen-
da of the laboratory;
(III) engages in an ongoing dia-
logue with the Evaluation and Re-
gional Assistance Commissioner con-
cerning the laboratory’s goals, activi-
ties, and priorities; and
(IV) determines at the start of the
contract period, subject to the require-
ments of this section and in consulta-
tion with the Evaluation and Regional
Assistance Commissioner, the mission
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of the regional educational laboratory
for the duration of the contract period;
(v) ensures that the regional edu-
cational laboratory attains and maintains
a high level of quality in the laboratory’s
work and products;
(vi) establishes standards to ensure
that the regional educational laboratory has
strong and effective governance, organiza-
tion, management, and administration, and
employs qualified staff;
(vii) directs the regional educational
laboratory to carry out the laboratory’s du-
ties in a manner that will make progress to-
ward achieving the State education goals
and reforming schools and educational sys-
tems; and
(viii) conducts a continuing survey of
the educational needs, strengths, and weak-
nesses within the region, including a process
of open hearings to solicit the views of
schools and teachers; and
(B) allocate the regional educational labora-
tory’s resources to and within each State in a
manner which reflects the need for assistance,
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taking into account such factors as the propor-
tion of economically disadvantaged students, the
increased cost burden of service delivery in areas
of sparse populations, and any special initia-
tives being undertaken by State, intermediate,
local educational agencies, or Bureau-funded
schools, as appropriate, which may require spe-
cial assistance from the laboratory.
(2) SPECIAL RULE.—If a regional educational
laboratory needs flexibility in order to meet the re-
quirements of paragraph (1)(A)(i), the regional edu-
cational laboratory may select not more than 10 per-
cent of the governing board from individuals outside
those representatives nominated in accordance with
paragraph (1)(A)(iii).
(i) DUTIES OF GOVERNING BOARD.—In order to im-
prove the efficiency and effectiveness of the regional edu-
cational laboratories, the governing boards of the regional
educational laboratories shall establish and maintain a net-
work to—
(1) share information about the activities each
laboratory is carrying out;
(2) plan joint activities that would meet the
needs of multiple regions;
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(3) create a strategic plan for the development of
activities undertaken by the laboratories to reduce re-
dundancy and increase collaboration and resource-
sharing in such activities; and
(4) otherwise devise means by which the work of
the individual laboratories could serve national, as
well as regional, needs.
(j) EVALUATIONS.—The Evaluation and Regional As-
sistance Commissioner shall provide for independent eval-
uations of each of the regional educational laboratories in
carrying out the duties described in this section in the third
year that such laboratory receives assistance under this sec-
tion in accordance with the standards developed by the
Evaluation and Regional Assistance Commissioner and ap-
proved by the Board and shall transmit the results of such
evaluations to the relevant committees of Congress, the
Board, and the appropriate regional educational laboratory
governing board.
(k) RULE
OF
CONSTRUCTION.—No regional edu-
cational laboratory receiving assistance under this section
shall, by reason of the receipt of that assistance, be ineligible
to receive any other assistance from the Department of Edu-
cation as authorized by law or be prohibited from engaging
in activities involving international projects or endeavors.
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(l) ADVANCE PAYMENT SYSTEM.—Each regional edu-
cational laboratory awarded a contract under this section
shall participate in the advance payment system at the De-
partment of Education.
(m) ADDITIONAL PROJECTS.—In addition to activities
authorized under this section, the Director is authorized to
enter into contracts or agreements with a regional edu-
cational laboratory for the purpose of carrying out addi-
tional projects to enable such regional educational labora-
tory to assist in efforts to achieve State education goals and
for other purposes.
(n) ANNUAL REPORT AND PLAN.—Not later than July
1 of each year, each regional educational laboratory award-
ed a contract under this section shall submit to the Evalua-
tion and Regional Assistance Commissioner—
(1) a plan covering the succeeding fiscal year, in
which such laboratory’s mission, activities, and scope
of work are described, including a general description
of the plans such laboratory expects to submit in the
remaining years of such laboratory’s contract; and
(2) a report of how well such laboratory is meet-
ing the needs of the region, including a summary of
activities during the preceding year, a list of entities
served, a list of products, and any other information
that the regional educational laboratory may consider
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relevant or the Evaluation and Regional Assistance
Commissioner may require.
(o) CONSTRUCTION.—Nothing in this section shall be
construed to require any modifications in a regional edu-
cational laboratory contract in effect on the day before the
date of enactment of this Act.
PART E—GENERAL PROVISIONS
SEC. 181. INTERAGENCY DATA SOURCES AND FORMATS.
The Secretary, in consultation with the Director, shall
ensure that the Department and the Institute use common
sources of data in standardized formats.
SEC. 182. PROHIBITIONS.
(a) NATIONAL DATABASE.—Nothing in this title may
be construed to authorize the establishment of a nationwide
database of individually identifiable information on indi-
viduals involved in studies or other collections of data under
this title.
(b) FEDERAL GOVERNMENT AND USE OF FEDERAL
FUNDS.—Nothing in this title may be construed to author-
ize an officer or employee of the Federal Government to
mandate, direct, or control the curriculum, program of in-
struction, or allocation of State or local resources of a State,
local educational agency, or school, or to mandate a State,
or any subdivision thereof, to spend any funds or incur any
costs not provided for under this title.
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(c) 
ENDORSEMENT
OF
CURRICULUM.—Notwith-
standing any other provision of Federal law, no funds pro-
vided under this title to the Institute, including any office,
board, committee, or center of the Institute, may be used
by the Institute to endorse, approve, or sanction any cur-
riculum designed to be used in an elementary school or sec-
ondary school.
(d) FEDERALLY SPONSORED TESTING.—
(1) IN GENERAL.—Subject to paragraph (2), no
funds provided under this title to the Secretary or to
the recipient of any award may be used to develop,
pilot test, field test, implement, administer, or dis-
tribute any federally sponsored national test in read-
ing, mathematics, or any other subject, unless specifi-
cally and explicitly authorized by law.
(2) EXCEPTIONS.—Subsection (a) shall not
apply to international comparative assessments devel-
oped under the authority of section 153(a)(6) of this
title or section 404(a)(6) of the National Education
Statistics Act of 1994 (20 U.S.C. 9003(a)(6)) (as such
section was in effect on the day before the date of en-
actment of this Act) and administered to only a rep-
resentative sample of pupils in the United States and
in foreign nations.
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SEC. 183. CONFIDENTIALITY.
(a) IN GENERAL.—All collection, maintenance, use,
and wide dissemination of data by the Institute, including
each office, board, committee, and center of the Institute,
shall conform with the requirements of section 552a of title
5, United States Code, the confidentiality standards of sub-
section (c) of this section, and sections 444 and 445 of the
General Education Provisions Act (20 U.S.C. 1232g,
1232h).
(b) STUDENT INFORMATION.—The Director shall en-
sure that all individually identifiable information about
students, their academic achievements, their families, and
information with respect to individual schools, shall remain
confidential in accordance with section 552a of title 5,
United States Code, the confidentiality standards of sub-
section (c) of this section, and sections 444 and 445 of the
General Education Provisions Act (20 U.S.C. 1232g,
1232h).
SEC. 184. AVAILABILITY OF DATA.
Subject to section 183, data collected by the Institute,
including any office, board, committee, or center of the In-
stitute, in carrying out the priorities and mission of the
Institute, shall be made available to the public, including
through use of the Internet.
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SEC. 185. PERFORMANCE MANAGEMENT.
The Director shall ensure that all activities conducted
or supported by the Institute or a National Education Cen-
ter make customer service a priority. The Director shall en-
sure a high level of customer satisfaction through the fol-
lowing methods:
(1) Establishing and improving feedback mecha-
nisms in order to anticipate customer needs.
(2) Disseminating information in a timely fash-
ion and in formats that are easily accessible and usa-
ble by researchers, practitioners, and the general pub-
lic.
(3) Utilizing the most modern technology and
other methods available, including arrangements to
use data collected electronically by States and local
educational agencies, to ensure the efficient collection
and timely distribution of information, including
data and reports.
(4) Establishing and measuring performance
against a set of indicators for the quality of data col-
lected, analyzed, and reported.
(5) Continuously improving management strate-
gies and practices.
(6) Making information available to the public
in an expeditious fashion.
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SEC. 186. AUTHORITY TO PUBLISH.
(a) PUBLICATION.—The Director may prepare and
publish (including through oral presentation) such research,
statistics (consistent with part C), and evaluation informa-
tion and reports from any office, board, committee, and cen-
ter of the Institute, as needed to carry out the priorities
and mission of the Institute without the approval of the
Secretary or any other office of the Department.
(b) ADVANCE COPIES.—The Director shall provide the
Secretary and other relevant offices with an advance copy
of any information to be published under this section before
publication.
(c) PEER REVIEW.—All research, statistics, and eval-
uation reports conducted by, or supported through, the In-
stitute shall be subjected to rigorous peer review before being
published or otherwise made available to the public.
(d) ITEMS NOT COVERED.—Nothing in subsections (a),
(b), or (c) shall be construed to apply to—
(1) information on current or proposed budgets,
appropriations, or legislation;
(2) information prohibited from disclosure by
law or the Constitution, classified national security
information, or information described in section
552(b) of title 5, United States Code; and
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(3) review by officers of the United States in
order to prevent the unauthorized disclosure of infor-
mation described in paragraph (1) or (2).
SEC. 187. VACANCIES.
Any member appointed to fill a vacancy on the Board
occurring before the expiration of the term for which the
member’s predecessor was appointed shall be appointed only
for the remainder of that term. A vacancy in an office,
board, committee, or center of the Institute shall be filled
in the manner in which the original appointment was
made. This section does not apply to employees appointed
under section 188.
SEC. 188. SCIENTIFIC OR TECHNICAL EMPLOYEES.
(a) IN GENERAL.—The Director may appoint, for
terms not to exceed 6 years (without regard to the provisions
of title 5, United States Code, governing appointment in
the competitive service) and may compensate (without re-
gard to the provisions of chapter 51 and subchapter III of
chapter 53 of such title relating to classification and Gen-
eral Schedule pay rates) such scientific or technical employ-
ees to carry out the functions of the Institute or the office,
board, committee, or center, respectively, if—
(1) at least 30 days prior to the appointment of
any such employee, public notice is given of the avail-
ability of such position and an opportunity is pro-
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vided for qualified individuals to apply and compete
for such position;
(2) the rate of basic pay for such employees does
not exceed the maximum rate of basic pay payable for
positions at GS–15, as determined in accordance with
section 5376 of title 5, United States Code, except that
not more than 7 individuals appointed under this sec-
tion may be paid at a rate that does not exceed the
rate of basic pay for level III of the Executive Sched-
ule;
(3) the appointment of such employee is nec-
essary (as determined by the Director on the basis of
clear and convincing evidence) to provide the Insti-
tute or the office, board, committee, or center with sci-
entific or technical expertise which could not other-
wise be obtained by the Institute or the office, board,
committee, or center through the competitive service;
and
(4) the total number of such employees does not
exceed 40 individuals or 1⁄5 of the number of full-time,
regular scientific or professional employees of the In-
stitute, whichever is greater.
(b) DUTIES OF EMPLOYEES.—All employees described
in subsection (a) shall work on activities of the Institute
or the office, board, committee, or center, and shall not be
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reassigned to other duties outside the Institute or the office,
board, committee, or center during their term.
SEC. 189. FELLOWSHIPS.
In order to strengthen the national capacity to carry
out high-quality research, evaluation, and statistics related
to education, the Director shall establish and maintain re-
search, evaluation, and statistics fellowships in institutions
of higher education (which may include the establishment
of such fellowships in historically Black colleges and univer-
sities and other institutions of higher education with large
numbers of minority students) that support graduate and
postdoctoral study onsite at the Institute or at the institu-
tion of higher education. In establishing the fellowships, the
Director shall ensure that women and minorities are ac-
tively recruited for participation.
SEC. 190. VOLUNTARY SERVICE.
The Director may accept voluntary and uncompen-
sated services to carry out and support activities that are
consistent with the priorities and mission of the Institute.
SEC. 191. RULEMAKING.
Notwithstanding section 437(d) of the General Edu-
cation Provisions Act (20 U.S.C. 1232(d)), the exemption
for public property, loans, grants, and benefits in section
553(a)(2) of title 5, United States Code, shall apply to the
Institute.
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SEC. 192. COPYRIGHT.
Nothing in this Act shall be construed to affect the
rights, remedies, limitations, or defense under title 17,
United States Code.
SEC. 193. REMOVAL.
(a) PRESIDENTIAL.—The Director, each member of the
Board, and the Commissioner for Education Statistics may
be removed by the President prior to the expiration of the
term of each such appointee.
(b) DIRECTOR.—Each Commissioner appointed by the
Director pursuant to section 117 may be removed by the
Director prior to the expiration of the term of each such
Commissioner.
SEC. 194. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated to administer and carry out this title (except sec-
tion 174) $400,000,000 for fiscal year 2003 and such sums
as may be necessary for each of the 5 succeeding fiscal years,
of which—
(1) not less than the amount provided to the Na-
tional Center for Education Statistics (as such Center
was in existence on the day before the date of enact-
ment of this Act) for fiscal year 2002 shall be pro-
vided to the National Center for Education Statistics,
as authorized under part C; and
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(2) not more than the lesser of 2 percent of such
funds or $1,000,000 shall be made available to carry
out section 116 (relating to the National Board for
Education Sciences).
(b) REGIONAL EDUCATIONAL LABORATORIES.—There
are authorized to be appropriated to carry out section 174
$100,000,000 for fiscal year 2003 and such sums as may
be necessary for each of the 5 succeeding fiscal years. Of
the amounts appropriated under the preceding sentence for
a fiscal year, the Director shall obligate not less than 25
percent to carry out such purpose with respect to rural
areas (including schools funded by the Bureau which are
located in rural areas).
(c) AVAILABILITY.—Amounts made available under
this section shall remain available until expended.
TITLE II—EDUCATIONAL
TECHNICAL ASSISTANCE
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Educational Technical
Assistance Act of 2002’’.
SEC. 202. DEFINITIONS.
In this title:
(1) IN GENERAL.—The terms ‘‘local educational
agency’’ and ‘‘State educational agency’’ have the
meanings given those terms in section 9101 of the El-
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ementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Education.
SEC. 203. COMPREHENSIVE CENTERS.
(a) AUTHORIZATION.—
(1) IN GENERAL.—Subject to paragraph (2), be-
ginning in fiscal year 2004, the Secretary is author-
ized to award not less than 20 grants to local entities,
or consortia of such entities, with demonstrated exper-
tise in providing technical assistance and professional
development in reading, mathematics, science, and
technology, especially to low-performing schools and
districts, to establish comprehensive centers.
(2) REGIONS.—In awarding grants under para-
graph (1), the Secretary—
(A) shall ensure that not less than 1 com-
prehensive center is established in each of the 10
geographic regions served by the regional edu-
cational laboratories established under section
941(h) of the Educational Research, Develop-
ment, Dissemination, and Improvement Act of
1994 (as such provision existed on the day before
the date of enactment of this Act); and
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(B) after meeting the requirements of sub-
paragraph (A), shall consider, in awarding the
remainder of the grants, the school-age popu-
lation, proportion of economically disadvantaged
students, the increased cost burdens of service de-
livery in areas of sparse population, and the
number of schools identified for school improve-
ment (as described in section 1116(b) of the Ele-
mentary and Secondary Education Act of 1965
(20 U.S.C. 6316(b)) in the population served by
the local entity or consortium of such entities.
(b) ELIGIBLE APPLICANTS.—
(1) IN
GENERAL.—Grants under this section
may be made with research organizations, institu-
tions, agencies, institutions of higher education, or
partnerships among such entities, or individuals,
with the demonstrated ability or capacity to carry
out the activities described in subsection (f), including
regional entities that carried out activities under the
Educational Research, Development, Dissemination,
and Improvement Act of 1994 (as such Act existed on
the day before the date of enactment of this Act) and
title XIII of the Elementary and Secondary Edu-
cation Act of 1965 (as such title existed on the day
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before the date of enactment of the No Child Left Be-
hind Act of 2001 (Public Law 107–110)).
(2) OUTREACH.—In conducting competitions for
grants under this section, the Secretary shall actively
encourage potential applicants to compete for such
awards by making widely available information and
technical assistance relating to the competition.
(3) 
OBJECTIVES
AND
INDICATORS.—Before
awarding a grant under this section, the Secretary
shall design specific objectives and measurable indica-
tors, using the results of the assessment conducted
under section 206, to be used to assess the particular
programs or initiatives, and ongoing progress and
performance, of the regional entities, in order to en-
sure that the educational needs of the region are being
met and that the latest and best research and proven
practices are being carried out as part of school im-
provement efforts.
(c) APPLICATION.—
(1) SUBMISSION.—Each local entity, or consor-
tium of such entities, seeking a grant under this sec-
tion shall submit an application at such time, in such
manner, and containing such additional information
as the Secretary may reasonably require.
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(2) PLAN.—Each application submitted under
paragraph (1) shall contain a 5-year plan for car-
rying out the activities described in this section in a
manner that addresses the priorities established under
section 207 and addresses the needs of all States (and
to the extent practicable, of local educational agen-
cies) within the region to be served by the comprehen-
sive center, on an ongoing basis.
(d) ALLOCATION.—Each comprehensive center estab-
lished under this section shall allocate such center’s re-
sources to and within each State in a manner which reflects
the need for assistance, taking into account such factors as
the proportion of economically disadvantaged students, the
increased cost burden of service delivery in areas of sparse
populations, and any special initiatives being undertaken
by State, intermediate, local educational agencies, or Bu-
reau-funded schools, as appropriate, which may require spe-
cial assistance from the center.
(e) SCOPE OF WORK.—Each comprehensive center es-
tablished under this section shall work with State edu-
cational agencies, local educational agencies, regional edu-
cational agencies, and schools in the region where such cen-
ter is located on school improvement activities that take
into account factors such as the proportion of economically
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disadvantaged students in the region, and give priority
to—
(1) schools in the region with high percentages or
numbers of students from low-income families, as de-
termined under section 1113(a)(5) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
6313(a)(5)), including such schools in rural and
urban areas, and schools receiving assistance under
title I of that Act (20 U.S.C. 6301 et seq.);
(2) local educational agencies in the region in
which high percentages or numbers of school-age chil-
dren are from low-income families, as determined
under section 1124(c)(1)(A) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
6333(c)(1)(A)), including such local educational agen-
cies in rural and urban areas; and
(3) schools in the region that have been identified
for school improvement under section 1116(b) of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6316(b)).
(f) ACTIVITIES.—
(1) IN GENERAL.—A comprehensive center estab-
lished under this section shall support dissemination
and technical assistance activities by—
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(A) providing training, professional devel-
opment, and technical assistance regarding, at a
minimum—
(i) the administration and implemen-
tation of programs under the Elementary
and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.);
(ii) the use of scientifically valid teach-
ing methods and assessment tools for use by
teachers and administrators in, at a
minimum—
(I) the core academic subjects of
mathematics, science, and reading or
language arts;
(II) English language acquisition;
and
(III) education technology; and
(iii) the facilitation of communication
between education experts, school officials,
teachers, parents, and librarians, as appro-
priate; and
(B) disseminating and providing informa-
tion, reports, and publications that are usable
for improving academic achievement, closing
achievement gaps, and encouraging and sus-
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taining school improvement (as described in sec-
tion 1116(b) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6316(b))), to
schools, educators, parents, and policymakers
within the region in which the center is located;
and
(C) developing teacher and school leader in-
service and preservice training models that illus-
trate best practices in the use of technology in
different content areas.
(2) COORDINATION AND COLLABORATION.—Each
comprehensive center established under this section
shall coordinate its activities, collaborate, and regu-
larly exchange information with the regional edu-
cational laboratory in the region in which the center
is located, the National Center for Education Evalua-
tion and Regional Assistance, the Office of the Sec-
retary, the State service agency, and other technical
assistance providers in the region.
(g) COMPREHENSIVE CENTER ADVISORY BOARD.—
(1) ESTABLISHMENT.—Each comprehensive cen-
ter established under this section shall have an advi-
sory board that shall support the priorities of such
center.
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(2) DUTIES.—Each advisory board established
under paragraph (1) shall advise the comprehensive
center—
(A) concerning the activities described in
subsection (d);
(B) on strategies for monitoring and ad-
dressing the educational needs of the region, on
an ongoing basis;
(C) on maintaining a high standard of
quality in the performance of the center’s activi-
ties; and
(D) on carrying out the center’s duties in a
manner that promotes progress toward improv-
ing student academic achievement.
(3) COMPOSITION.—
(A) IN
GENERAL.—Each advisory board
shall be composed of—
(i) the chief State school officers, or
such officers’ designees or other State offi-
cials, in each State served by the com-
prehensive center who have primary respon-
sibility under State law for elementary and
secondary education in the State; and
(ii) not more than 15 other members
who are representative of the educational
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interests in the region served by the com-
prehensive center and are selected jointly by
the officials specified in clause (i) and the
chief executive officer of each State served
by the comprehensive center, including the
following:
(I) Representatives of local edu-
cational agencies and regional edu-
cational agencies, including represent-
atives of local educational agencies
serving urban and rural areas.
(II) Representatives of institu-
tions of higher education.
(III) Parents.
(IV) Practicing educators, includ-
ing classroom teachers, principals, and
administrators.
(V) Representatives of business.
(VI) Policymakers, expert practi-
tioners, and researchers with knowledge
of, and experience using, the results of
research, evaluation, and statistics.
(B) SPECIAL RULE.—In the case of a State
in which the chief executive officer has the pri-
mary responsibility under State law for elemen-
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tary and secondary education in the State, the
chief executive officer shall consult, to the extent
permitted by State law, with the State edu-
cational agency in selecting additional members
of the board under subparagraph (A)(i).
(h) REPORT
TO SECRETARY.—Each comprehensive
center established under this section shall submit to the Sec-
retary an annual report, at such time, in such manner, and
containing such information as the Secretary may require,
which shall include the following:
(1) A summary of the comprehensive center’s ac-
tivities during the preceding year
(2) A listing of the States, local educational
agencies, and schools the comprehensive center as-
sisted during the preceding year.
SEC. 204. EVALUATIONS.
The Secretary shall provide for ongoing independent
evaluations by the National Center for Education Evalua-
tion and Regional Assistance of the comprehensive centers
receiving assistance under this title, the results of which
shall be transmitted to the appropriate congressional com-
mittees and the Director of the Institute of Education
Sciences. Such evaluations shall include an analysis of the
services provided under this title, the extent to which each
of the comprehensive centers meets the objectives of its re-
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spective plan, and whether such services meet the edu-
cational needs of State educational agencies, local edu-
cational agencies, and schools in the region.
SEC. 205. EXISTING TECHNICAL ASSISTANCE PROVIDERS.
The Secretary shall continue awards for the support
of the Eisenhower Regional Mathematics and Science Edu-
cation Consortia established under part M of the Edu-
cational Research, Development, Dissemination, and Im-
provement Act of 1994 (as such part existed on the day
before the date of enactment of this Act), the Regional Tech-
nology in Education Consortia under section 3141 of the
Elementary and Secondary Education Act of 1965 (as such
section existed on the day before the date of enactment of
the No Child Left Behind Act of 2001 (Public Law 107–
110)), and the Comprehensive Regional Assistance Centers
established under part K of the Educational Research, De-
velopment, Dissemination, and Improvement Act of 1994
(as such part existed on the day before the date of enactment
of this Act), in accordance with the terms of such awards,
until the comprehensive centers authorized under section
203 are established.
SEC. 206. REGIONAL ADVISORY COMMITTEES.
(a) ESTABLISHMENT.—Beginning in 2004, the Sec-
retary shall establish a regional advisory committee for each
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region described in section 174(b) of the Education Sciences
Reform Act of 2002.
(b) MEMBERSHIP.—
(1) COMPOSITION.—The membership of each re-
gional advisory committee shall—
(A) not exceed 25 members;
(B) contain a balanced representation of
States in the region; and
(C) include not more than one representa-
tive of each State educational agency geographi-
cally located in the region.
(2) ELIGIBILITY.—The membership of each re-
gional advisory committee may include the following:
(A) Representatives of local educational
agencies, including rural and urban local edu-
cational agencies.
(B) Representatives of institutions of higher
education, including individuals representing
university-based education research and univer-
sity-based research on subjects other than edu-
cation.
(C) Parents.
(D) Practicing educators, including class-
room teachers, principals, administrators, school
board members, and other local school officials.
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(E) Representatives of business.
(F) Researchers.
(3) RECOMMENDATIONS.—In choosing individ-
uals for membership on a regional advisory com-
mittee, the Secretary shall consult with, and solicit
recommendations from, the chief executive officers of
States, chief State school officers, and education stake-
holders within the applicable region.
(4) SPECIAL RULE.—
(A) TOTAL NUMBER.—The total number of
members on each committee who are selected
under subparagraphs (A), (C), and (D) of para-
graph (2), collectively, shall exceed the total
number of members who are selected under para-
graph (1)(C) and subparagraphs (B), (E), and
(F) of paragraph (2), collectively.
(B) DISSOLUTION.—Each regional advisory
committee shall be dissolved by the Secretary
after submission of such committee’s report de-
scribed in subsection (c)(2) to the Secretary, but
each such committee may be reconvened at the
discretion of the Secretary.
(c) DUTIES.—Each regional advisory committee shall
advise the Secretary on the following:
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(1) An educational needs assessment of its region
(using the results of the assessment conducted under
subsection (d)), in order to assist in making decisions
regarding the regional educational priorities.
(2) Not later than 6 months after the committee
is first convened, a report based on the assessment
conducted under subsection (d).
(d) REGIONAL ASSESSMENTS.—Each regional advi-
sory committee shall—
(1) assess the educational needs within the region
to be served;
(2) in conducting the assessment under para-
graph (1), seek input from chief executive officers of
States, chief State school officers, educators, and par-
ents (including through a process of open hearings to
solicit the views and needs of schools (including pub-
lic charter schools), teachers, administrators, members
of the regional educational laboratory governing
board, parents, local educational agencies, librarians,
businesses, State educational agencies, and other cus-
tomers (such as adult education programs) within the
region) regarding the need for the activities described
in section 174 of the Education Sciences Reform Act
of 2002 and section 203 of this title and how those
needs would be most effectively addressed; and
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(3) submit the assessment to the Secretary and
to the Director of the Academy of Education Sciences,
at such time, in such manner, and containing such
information as the Secretary may require.
SEC. 207. PRIORITIES.
The Secretary shall establish priorities for the regional
educational laboratories (established under section 174 of
the Education Sciences Reform Act of 2002) and com-
prehensive centers (established under section 203 of this
title) to address, taking onto account the regional assess-
ments conducted under section 206 and other relevant re-
gional surveys of educational needs, to the extent the Sec-
retary deems appropriate.
SEC. 208. GRANT PROGRAM FOR STATEWIDE, LONGITU-
DINAL DATA SYSTEMS.
(a) GRANTS AUTHORIZED.—The Secretary is author-
ized to award grants, on a competitive basis, to State edu-
cational agencies to enable such agencies to design, develop,
and implement statewide, longitudinal data systems to effi-
ciently and accurately manage, analyze, disaggregate, and
use individual student data, consistent with the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.).
(b) APPLICATIONS.—Each State educational agency
desiring a grant under this section shall submit an applica-
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tion to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may
reasonably require.
(c) AWARDING
OF GRANTS.—In awarding grants
under this section, the Secretary shall use a peer review
process that—
(1) ensures technical quality (including validity
and reliability), promotes linkages across States, and
protects student privacy consistent with section 183;
(2) promotes the generation and accurate and
timely use of data that is needed—
(A) for States and local educational agen-
cies to comply with the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6301
et seq.) and other reporting requirements and
close achievement gaps; and
(B) to facilitate research to improve student
academic achievement and close achievement
gaps; and
(3) gives priority to applications that meet the
voluntary standards and guidelines described in sec-
tion 153(a)(5).
(d) SUPPLEMENT
NOT
SUPPLANT.—Funds made
available under this section shall be used to supplement,
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and not supplant, other State or local funds used for devel-
oping State data systems.
(e) REPORT.—Not later than 1 year after the date of
enactment of the Educational Technical Assistance Act of
2002, and again 3 years after such date of enactment, the
Secretary, in consultation with the National Academies
Committee on National Statistics, shall make publicly
available a report on the implementation and effectiveness
of Federal, State, and local efforts related to the goals of
this section, including—
(1) identifying and analyzing State practices re-
garding the development and use of statewide, longi-
tudinal data systems;
(2) evaluating the ability of such systems to
manage individual student data consistent with the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et seq.), promote linkages across
States, and protect student privacy consistent with
section 183; and
(3) identifying best practices and areas for im-
provement.
SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this title $80,000,000 for fiscal year 2003 and such sums
as may be necessary for each of the 5 succeeding fiscal years.
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TITLE 
III—NATIONAL 
ASSESS-
MENT 
OF 
EDUCATIONAL
PROGRESS
SEC. 301. SHORT TITLE.
This title may be referred to as the ‘‘National Assess-
ment of Educational Progress Authorization Act’’.
SEC. 302. DEFINITIONS.
In this title:
(1) The term ‘‘Director’’ means the Director of
the Institute of Education Sciences.
(2) The term ‘‘State’’ means each of the 50
States, the District of Columbia, and the Common-
wealth of Puerto Rico.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
(a) IN
GENERAL.—There are authorized to be
appropriated—
(1) for fiscal year 2003—
(A) $4,600,000 to carry out section 302, as
amended by section 401 of this Act (relating to
the National Assessment Governing Board); and
(B) $107,500,000 to carry out section 303,
as amended by section 401 of this Act (relating
to the National Assessment of Educational
Progress); and
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(2) such sums as may be necessary for each of
the 5 succeeding fiscal years to carry out sections 302
and 303, as amended by section 401 of this Act.
(b) AVAILABILITY.—Amounts made available under
this section shall remain available until expended.
TITLE IV—AMENDATORY
PROVISIONS
SEC. 401. REDESIGNATIONS.
(a) CONFIDENTIALITY.—Section 408 of the National
Education Statistics Act of 1994 (20 U.S.C. 9007) is
amended—
(1) by striking ‘‘center’’, ‘‘Center’’, and ‘‘Com-
missioner’’ each place any such term appears and in-
serting ‘‘Director’’;
(2) in subsection (a)(2)(A), by striking ‘‘statis-
tical purpose’’ and inserting ‘‘research, statistics, or
evaluation purpose under this title’’;
(3) by striking subsection (b)(1) and inserting
the following:
‘‘(1) IN GENERAL.—
‘‘(A) DISCLOSURE.—No Federal depart-
ment, bureau, agency, officer, or employee and
no recipient of a Federal grant, contract, or co-
operative agreement may, for any reason, require
the Director, any Commissioner of a National
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Education Center, or any other employee of the
Institute to disclose individually identifiable in-
formation that has been collected or retained
under this title.
‘‘(B) IMMUNITY.—Individually identifiable
information collected or retained under this title
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) APPLICATION.—This paragraph does
not apply to requests for individually identifi-
able information submitted by or on behalf of the
individual identified in the information.’’;
(4) in paragraphs (2) and (6) of subsection (b),
by striking ‘‘subsection (a)(2)’’ each place such term
appears and inserting ‘‘subsection (c)(2)’’;
(5) in paragraphs (3) and (7) of subsection (b),
by striking ‘‘Center’s’’ each place such term appears
and inserting ‘‘Director’s’’; and
(6) by striking the section heading and transfer-
ring all the subsections (including subsections (a)
through (c)) and redesignating such subsections as
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subsections (c) through (e), respectively, at the end of
section 183 of this Act.
(b) CONFORMING AMENDMENT.—Sections 302 and 303
of this Act are redesignated as sections 304 and 305, respec-
tively.
(c) NATIONAL ASSESSMENT GOVERNING BOARD.—Sec-
tion 412 of the National Education Statistics Act of 1994
(20 U.S.C. 9011) is amended—
(1) in subsection (a)—
(A) by striking ‘‘referred to as the ‘Board’ ’’
and inserting ‘‘referred to as the ‘Assessment
Board’ ’’; and
(B) by inserting ‘‘(carried out under section
303)’’ after ‘‘for the National Assessment’’;
(2) by striking ‘‘Board’’ each place such term
appears (other than in subsection (a)) and inserting
‘‘Assessment Board’’;
(3) by striking ‘‘Commissioner’’ each place such
term appears and inserting ‘‘Commissioner for Edu-
cation Statistics’’;
(4) in subsection (b)(2)—
(A) by striking ‘‘ASSISTANT
SECRETARY
FOR EDUCATIONAL RESEARCH’’ in the heading
and inserting ‘‘DIRECTOR OF THE INSTITUTE OF
EDUCATION SCIENCES’’; and
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(B) by striking ‘‘Assistant Secretary for
Educational Research and Improvement’’ and
inserting ‘‘Director of the Institute of Education
Sciences’’;
(5) in subsection (e)—
(A) in paragraph (1)—
(i) in subparagraph (A), by striking
‘‘section 411(b)’’ and inserting ‘‘section
303(b)’’;
(ii) in subparagraph (B), by striking
‘‘section 411(e)’’ and inserting ‘‘section
303(e)’’;
(iii) in subparagraph (E), by striking
‘‘, including the Advisory Council estab-
lished under section 407’’;
(iv) in subparagraphs (F) and (I), by
striking ‘‘section 411’’ each place such term
appears and inserting ‘‘section 303’’;
(v) in subparagraph (H), by striking
‘‘and’’ after the semicolon;
(vi) in subparagraph (I), by striking
the period at the end and inserting ‘‘; and’’;
and
(vii) by inserting at the end the fol-
lowing:
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‘‘(J) plan and execute the initial public re-
lease of National Assessment of Educational
Progress reports.
The National Assessment of Educational Progress
data shall not be released prior to the release of the
reports described in subparagraph (J).’’;
(B) in paragraph (5), by striking ‘‘and the
Advisory Council on Education Statistics’’; and
(C) in paragraph (6), by striking ‘‘section
411(e)’’ and inserting ‘‘section 303(e)’’; and
(6) by transferring and redesignating the section
as section 302 (following section 301) of title III of
this Act.
(d) 
NATIONAL
ASSESSMENT
OF
EDUCATIONAL
PROGRESS.—Section 411 of the National Education Statis-
tics Act of 1994 (20 U.S.C. 9010) is amended—
(1) by striking ‘‘Commissioner’’ each place such
term appears and inserting ‘‘Commissioner for Edu-
cation Statistics’’;
(2) by striking ‘‘National Assessment Governing
Board’’ and ‘‘National Board’’ each place either such
term appears and inserting ‘‘Assessment Board’’;
(3) in subsection (a)—
(A) by striking ‘‘section 412’’ and inserting
‘‘section 302’’; and
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(B) by striking ‘‘and with the technical as-
sistance of the Advisory Council established
under section 407,’’;
(4) in subsection (b)—
(A) in paragraph (1), by inserting ‘‘of’’
after ‘‘academic achievement and reporting’’;
(B) in paragraph (3)(A)—
(i) in clause (i), by striking ‘‘para-
graphs (1)(B) and (1)(E)’’ and inserting
‘‘paragraphs (2)(B) and (2)(E)’’;
(ii) in clause (ii), by striking ‘‘para-
graph (1)(C)’’ and inserting ‘‘paragraph
(2)(C)’’; and
(iii) in clause (iii), by striking ‘‘para-
graph (1)(D)’’ and inserting ‘‘paragraph
(2)(D)’’; and
(C) in paragraph (5), by striking ‘‘(c)(2)’’
and inserting ‘‘(c)(3)’’;
(5) in subsection (c)(2)(D), by striking ‘‘sub-
paragraph (B)’’ and inserting ‘‘subparagraph (C)’’;
(6) in subsection (e)(4), by striking ‘‘subpara-
graph (2)(C)’’ and inserting ‘‘paragraph (2)(C) of
such subsection’’;
(7) in subsection (f)(1)(B)(iv), by striking ‘‘sec-
tion 412(e)(4)’’ and inserting ‘‘section 302(e)(4)’’; and
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(8) by transferring and redesignating the section
as section 303 (following section 302) of title III of
this Act.
(e) TABLE OF CONTENTS AMENDMENT.—The items re-
lating to title III in the table of contents of this Act, as
amended by section 401 of this Act, are amended to read
as follows:
‘‘TITLE III—NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS
‘‘Sec. 301. Short title.
‘‘Sec. 302. National Assessment Governing Board.
‘‘Sec. 303. National Assessment of Educational Progress.
‘‘Sec. 304. Definitions.
‘‘Sec. 305. Authorization of appropriations.’’.
SEC. 402. AMENDMENTS TO DEPARTMENT OF EDUCATION
ORGANIZATION ACT.
The Department of Education Organization Act (20
U.S.C. 3401 et seq.) is amended—
(1) by striking section 202(b)(4) and inserting
the following:
‘‘(4) There shall be in the Department a Director of
the Institute of Education Sciences who shall be appointed
in accordance with section 114(a) of the Education Sciences
Reform Act of 2002 and perform the duties described in
that Act.’’;
(2) by striking section 208 and inserting the fol-
lowing:
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‘‘INSTITUTE OF EDUCATION SCIENCES
‘‘SEC. 208. There shall be in the Department of Edu-
cation the Institute of Education Sciences, which shall be
administered in accordance with the Education Sciences
Reform Act of 2002 by the Director appointed under section
114(a) of that Act.’’; and
(3) by striking the item relating to section 208
in the table of contents in section 1 and inserting the
following:
‘‘Sec. 208. Institute of Education Sciences.’’.
SEC. 403. REPEALS.
The following provisions of law are repealed:
(1) The National Education Statistics Act of
1994 (20 U.S.C. 9001 et seq.).
(2) Parts A through E and K through N of the
Educational Research, Development, Dissemination,
and Improvement Act of 1994 (title IX of the Goals
2000: Educate America Act) (20 U.S.C. 6001 et seq.).
(3) Section 401(b)(2) of the Department of Edu-
cation Organization Act (20 U.S.C. 3461(b)(2)).
SEC. 404. CONFORMING AND TECHNICAL AMENDMENTS.
(a) GOALS 2000: EDUCATE AMERICA ACT.—The table
of contents in section 1(b) of the Goals 2000: Educate Amer-
ica Act (20 U.S.C. 5801 note) is amended by striking the
items relating to parts A through E of title IX (including
the items relating to sections within those parts).
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(b) TITLE 5, UNITED STATES CODE.—Section 5315 of
title 5, United States Code, is amended by striking the fol-
lowing:
‘‘Commissioner, National Center for Education Statis-
tics.’’.
(c) GENERAL EDUCATION PROVISIONS ACT.—Section
447(b) of the General Education Provisions Act (20 U.S.C.
1232j(b)) is amended by striking ‘‘section 404(a)(6) of the
National Education Statistics Act of 1994 (20 U.S.C.
9003(a)(6))’’ and inserting ‘‘section 153(a)(6) of the Edu-
cation Sciences Reform Act of 2002’’.
(d) ELEMENTARY AND SECONDARY EDUCATION ACT
OF 1965.—The Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6301 et seq.) is amended as follows:
(1) Section 1111(c)(2) is amended by striking
‘‘section 411(b)(2) of the National Education Statis-
tics Act of 1994’’ and inserting ‘‘section 303(b)(2) of
the National Assessment of Educational Progress Au-
thorization Act’’.
(2) Section 1112(b)(1)(F) is amended by striking
‘‘section 411(b)(2) of the National Education Statis-
tics Act of 1994’’ and inserting ‘‘section 303(b)(2) of
the National Assessment of Educational Progress Au-
thorization Act’’.
(3) Section 1117(a)(3) is amended—
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(A) by inserting ‘‘(as such section existed on
the day before the date of enactment of the Edu-
cation Sciences Reform Act of 2002)’’ after ‘‘Act
of 1994’’; and
(B) by inserting ‘‘regional educational lab-
oratories established under part E of the Edu-
cation Sciences Reform Act of 2002 and com-
prehensive centers established under the Edu-
cational Technical Assistance Act of 2002 and’’
after ‘‘assistance from’’.
(4) Section 1501(a)(3) is amended by striking
‘‘section 411 of the National Education Statistics Act
of 1994’’ and inserting ‘‘section 303 of the National
Assessment of Educational Progress Authorization
Act’’.
(5) The following provisions are each amended
by striking ‘‘Office of Educational Research and Im-
provement’’ and inserting ‘‘Institute of Education
Sciences’’:
(A) Section 3222(a) (20 U.S.C. 6932(a)).
(B) Section 3303(1) (20 U.S.C. 7013(1)).
(C) 
Section 
5464(e)(1) 
(20 
U.S.C.
7253c(e)(1)).
(D) Paragraphs (1) and (2) of section
5615(d) (20 U.S.C. 7283d(d)).
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(E) Paragraphs (1) and (2) of section
7131(c) (20 U.S.C. 7451(c)).
(6) Paragraphs (1) and (2) of section 5464(e)
(20 U.S.C. 7253c(e)) are each amended by striking
‘‘such Office’’ and inserting ‘‘such Institute’’.
(7) 
Section 
5613 
(20 
U.S.C. 
7283b) 
is
amended—
(A) in subsection (a)(5), by striking ‘‘Assist-
ant Secretary of the Office of Educational Re-
search and Improvement’’ and inserting ‘‘Direc-
tor of the Institute of Education Sciences’’; and
(B) in subsection (b)(2)(B), by striking ‘‘re-
search institutes of the Office of Educational Re-
search and Improvement’’ and inserting ‘‘Na-
tional Education Centers of the Institute of Edu-
cation Sciences’’.
(8) Sections 5615(d)(1) and 7131(c)(1) (20
U.S.C. 7283d(d)(1), 7451(c)(1)) are each amended by
striking ‘‘by the Office’’ and inserting ‘‘by the Insti-
tute’’.
(9) Section 9529(b) is amended by striking ‘‘sec-
tion 404(a)(6) of the National Education Statistics
Act of 1994’’ and inserting ‘‘section 153(a)(5) of the
Education Sciences Reform Act of 2002’’.
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(e) 
SCHOOL-TO-WORK
OPPORTUNITIES
ACT
OF
1994.—Section 404 of the School-to-Work Opportunities
Act of 1994 (20 U.S.C. 6194) is amended by inserting ‘‘(as
such Act existed on the day before the date of enactment
of the Education Sciences Reform Act of 2002)’’ after ‘‘Act
of 1994’’.
SEC. 405. ORDERLY TRANSITION.
The Secretary of Education shall take such steps as
are necessary to provide for the orderly transition to, and
implementation of, the offices, boards, committees, and cen-
ters (and their various functions and responsibilities) estab-
lished or authorized by this Act, and by the amendments
made by this Act, from those established or authorized by
the Educational Research, Development, Dissemination,
and Improvement Act of 1994 (20 U.S.C. 6001 et seq.) and
the National Education Statistics Act of 1994 (20 U.S.C.
9001 et seq.).
SEC. 406. IMPACT AID.
(a) PAYMENTS FOR FEDERALLY CONNECTED CHIL-
DREN.—Section 8003(b)(2)(C)(i)(II)(bb) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
7703(B)(2)(c)(i)(II)(bb)) is amended to read as follows:
‘‘(bb) for a local educational agen-
cy that has a total student enrollment
of less than 350 students, has a per-