dreamproit/uscode huggingface dataset:
20 U.S.C. § 9563 (EDUCATION)
§ 9563. Evaluations
(a) In general
(1) Requirements
In carrying out its missions, the National Center for Education Evaluation and Regional Assistance may—
(A) conduct or support evaluations consistent with the Center’s mission as described in section 9561(b) of this title;
(B) evaluate programs under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.);
(C) to the extent practicable, examine evaluations conducted or supported by others in order to determine the quality and relevance of the evidence of effectiveness generated by those evaluations, with the approval of the Director;
(D) coordinate the activities of the National Center for Education Evaluation and Regional Assistance with other evaluation activities in the Department;
(E) review and, where feasible, supplement Federal education program evaluations, particularly those by the Department, to determine or enhance the quality and relevance of the evidence generated by those evaluations;
(F) establish evaluation methodology; and
(G) assist the Director in the preparation of the biennial report, as described in section 9519 of this title.
(2) Additional requirements
Each evaluation conducted by the National Center for Education Evaluation and Regional Assistance pursuant to paragraph (1) shall—
(A) adhere to the highest possible standards of quality for conducting scientifically valid education evaluation; and
(B) be subject to rigorous peer-review.
(b) Administration of evaluations under title I of the Elementary and Secondary Education Act of 1965
The Evaluation and Regional Assistance Commissioner, consistent with the mission of the National Center for Education Evaluation and Regional Assistance under section 9561(b) of this title, shall administer all operations and contracts associated with evaluations authorized by part E of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6491 et seq.) and administered by the Department as of November 5, 2002.
(Pub. L. 107–279, title I, § 173, Nov. 5, 2002, 116 Stat. 1964.)
heading: References in Text
text: The Elementary and Secondary Education Act of 1965, referred to in subsecs. (a)(1)(B) and (b), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, as amended. Title I of the Act is classified generally to subchapter I (§ 6301 et seq.) of chapter 70 of this title. Part E of title I of the Act is classified generally to part E (§ 6491 et seq.) of subchapter I of chapter 70 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables.
20 U.S.C. § 9567 (EDUCATION)
§ 9567. Establishment
(a) Establishment
There is established in the Institute a National Center for Special Education Research (in this part referred to as the “Special Education Research Center”).
(b) Mission
The mission of the Special Education Research Center is—
(1) to sponsor research to expand knowledge and understanding of the needs of infants, toddlers, and children with disabilities in order to improve the developmental, educational, and transitional results of such individuals;
(2) to sponsor research to improve services provided under, and support the implementation of, the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.); and
(3) to evaluate the implementation and effectiveness of the Individuals with Disabilities Education Act in coordination with the National Center for Education Evaluation and Regional Assistance.
(c) Applicability of this subchapter
Parts A and F of this subchapter, and the standards for peer review of applications and for the conduct and evaluation of research under sections 9533(a) and 9534 of this title, respectively, shall apply to the Secretary, the Director, and the Commissioner in carrying out this part.
(Pub. L. 107–279, title I, § 175, as added Pub. L. 108–446, title II, § 201(a)(2), Dec. 3, 2004, 118 Stat. 2799.)
heading: References in Text
text: The Individuals with Disabilities Education Act, referred to in subsec. (b)(2), (3), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, as amended, which is classified generally to chapter 33 (§ 1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables.
20 U.S.C. § 9567a (EDUCATION)
§ 9567a. Commissioner for Special Education Research
The Special Education Research Center shall be headed by a Commissioner for Special Education Research (in this part referred to as the “Special Education Research Commissioner”) who shall have substantial knowledge of the Special Education Research Center’s activities, including a high level of expertise in the fields of research, research management, and the education of children with disabilities.
(Pub. L. 107–279, title I, § 176, as added Pub. L. 108–446, title II, § 201(a)(2), Dec. 3, 2004, 118 Stat. 2799.)
20 U.S.C. § 9572 (EDUCATION)
§ 9572. Prohibitions
(a) National database
Nothing in this subchapter may be construed to authorize the establishment of a nationwide database of individually identifiable information on individuals involved in studies or other collections of data under this subchapter.
(b) Federal Government and use of Federal funds
Nothing in this subchapter may be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control the curriculum, program of instruction, 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 subchapter.
(c) Endorsement of curriculum
Notwithstanding any other provision of Federal law, no funds provided under this subchapter 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 curriculum designed to be used in an elementary school or secondary school.
(d) Federally sponsored testing
(1) In general
Subject to paragraph (2), no funds provided under this subchapter to the Secretary or to the recipient of any award may be used to develop, pilot test, field test, implement, administer, or distribute any federally sponsored national test in reading, mathematics, or any other subject, unless specifically and explicitly authorized by law.
(2) Exceptions
Subsection (a) of this section shall not apply to international comparative assessments developed under the authority of section 9543(a)(6) of this title or section 9003(a)(6) of this title (as such section was in effect on the day before November 5, 2002) and administered to only a representative sample of pupils in the United States and in foreign nations.
(Pub. L. 107–279, title I, § 182, Nov. 5, 2002, 116 Stat. 1971.)
heading: References in Text
text: Section 9003 of this title, referred to in subsec. (d)(2), was repealed by Pub. L. 107–279, title IV, § 403(1), Nov. 5, 2002, 116 Stat. 1985.
20 U.S.C. § 9574 (EDUCATION)
§ 9574. Availability of data
Subject to section 9573 of this title, data collected by the Institute, including any office, board, committee, or center of the Institute, in carrying out the priorities and mission of the Institute, shall be made available to the public, including through use of the Internet.
(Pub. L. 107–279, title I, § 184, Nov. 5, 2002, 116 Stat. 1972.)
20 U.S.C. § 9575 (EDUCATION)
§ 9575. Performance management
The Director shall ensure that all activities conducted or supported by the Institute or a National Education Center make customer service a priority. The Director shall ensure a high level of customer satisfaction through the following methods:
(1) Establishing and improving feedback mechanisms in order to anticipate customer needs.
(2) Disseminating information in a timely fashion and in formats that are easily accessible and usable by researchers, practitioners, and the general public.
(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 collected, analyzed, and reported.
(5) Continuously improving management strategies and practices.
(6) Making information available to the public in an expeditious fashion.
(Pub. L. 107–279, title I, § 185, Nov. 5, 2002, 116 Stat. 1972.)
20 U.S.C. § 9576 (EDUCATION)
§ 9576. Authority to publish
(a) Publication
The Director may prepare and publish (including through oral presentation) such research, statistics (consistent with part C of this subchapter), and evaluation information and reports from any office, board, committee, and center 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 evaluation reports conducted by, or supported through, the Institute shall be subjected to rigorous peer review before being published or otherwise made available to the public.
(d) Items not covered
Nothing in subsections 1 (a), (b), or (c) of this section 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; and
(3) review by officers of the United States in order to prevent the unauthorized disclosure of information described in paragraph (1) or (2).
(Pub. L. 107–279, title I, § 186, Nov. 5, 2002, 116 Stat. 1973.)
20 U.S.C. § 9577 (EDUCATION)
§ 9577. 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 9578 of this title.
(Pub. L. 107–279, title I, § 187, Nov. 5, 2002, 116 Stat. 1973.)
20 U.S.C. § 9578 (EDUCATION)
§ 9578. 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 governing appointment in the competitive service) and may compensate (without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates) such scientific or technical employees 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 availability of such position and an opportunity is provided 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, except that not more than 7 individuals appointed under this section may be paid at a rate that does not exceed the rate of basic pay for level III of the Executive Schedule;
(3) the appointment of such employee is necessary (as determined by the Director on the basis of clear and convincing evidence) to provide the Institute or the office, board, committee, or center with scientific or technical expertise which could not otherwise 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 ⅕ of the number of full-time, regular scientific or professional employees of the Institute, whichever is greater.
(b) Duties of employees
All employees described in subsection (a) of this section shall work on activities of the Institute or the office, board, committee, or center, and shall not be reassigned to other duties outside the Institute or the office, board, committee, or center during their term.
(Pub. L. 107–279, title I, § 188, Nov. 5, 2002, 116 Stat. 1973.)
heading: References in Text
text: GS–15, referred to in subsec. (a)(2), is contained in the General Schedule, which is set out under section 5332 of Title 5, Government Organization and Employees.
Level III of the Executive Schedule, referred to in subsec. (a)(2), is set out in section 5314 of Title 5, Government Organization and Employees.
heading: References to Maximum Rate Under 5 U.S.C. 5376
text: For reference to maximum rate under section 5376 of Title 5, Government Organization and Employees, see section 2(d)(3) of Pub. L. 110–372, set out as an Effective Date of 2008 Amendment note under section 5376 of Title 5.
20 U.S.C. § 9579 (EDUCATION)
§ 9579. 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 research, evaluation, and statistics fellowships in institutions of higher education (which may include the establishment of such fellowships in historically Black colleges and universities 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 institution of higher education. In establishing the fellowships, the Director shall ensure that women and minorities are actively recruited for participation.
(Pub. L. 107–279, title I, § 189, Nov. 5, 2002, 116 Stat. 1974.)
20 U.S.C. § 9581 (EDUCATION)
§ 9581. Rulemaking
Notwithstanding section 1232(d) of this title, the exemption for public property, loans, grants, and benefits in section 553(a)(2) of title 5 shall apply to the Institute.
(Pub. L. 107–279, title I, § 191, Nov. 5, 2002, 116 Stat. 1974.)
20 U.S.C. § 9582 (EDUCATION)
§ 9582. Copyright
Nothing in this Act shall be construed to affect the rights, remedies, limitations, or defense under title 17.
(Pub. L. 107–279, title I, § 192, Nov. 5, 2002, 116 Stat. 1974.)
heading: References in Text
text: This Act, referred to in text, means Pub. L. 107–279, Nov. 5, 2002, 116 Stat. 1940, which enacted this chapter and section 3419 of this title, amended sections 1232j, 3412, 3461, 6194, 6311, 6312, 6317, 6491, 6932, 7013, 7253c, 7283b, 7283d, 7451, 7703, 7909, 9007, 9010, 9011, 9573, 9623, and 9624 of this title and section 5315 of Title 5, Government Organization and Employees, transferred sections 9010 and 9011 of this title to sections 9621 and 9622 of this title, respectively, repealed sections 3419, 6011, 6021, 6031, 6041, 6051, 6053 to 6053e, 6054 to 6054b, 6055 to 6055h, 6056, 6056a, 9001 to 9009, and 9012 of this title, enacted provisions set out as notes under section 7703 and 9501 of this title, and repealed provisions set out as notes under sections 1221e and 9001 of this title. For complete classification of this Act to the Code, see Tables.
20 U.S.C. § 9583 (EDUCATION)
§ 9583. 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 9517 of this title may be removed by the Director prior to the expiration of the term of each such Commissioner.
(Pub. L. 107–279, title I, § 193, Nov. 5, 2002, 116 Stat. 1974.)
20 U.S.C. § 9584 (EDUCATION)
§ 9584. Authorization of appropriations
(a) In general
There are authorized to be appropriated to administer and carry out this subchapter (except section 9564 of this title) $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 National Center for Education Statistics (as such Center was in existence on the day before November 5, 2002) for fiscal year 2002 shall be provided to the National Center for Education Statistics, as authorized under part C of this subchapter; and
(2) not more than the lesser of 2 percent of such funds or $1,000,000 shall be made available to carry out section 9516 of this title (relating to the National Board for Education Sciences).
(b) Regional educational laboratories
There are authorized to be appropriated to carry out section 9564 of this title $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.
(Pub. L. 107–279, title I, § 194, Nov. 5, 2002, 116 Stat. 1975.)
20 U.S.C. § 9601 (EDUCATION)
§ 9601. Definitions
In this subchapter:
(1) In general
The terms “local educational agency” and “State educational agency” have the meanings given those terms in section 7801 of this title.
(2) Secretary
The term “Secretary” means the Secretary of Education.
(Pub. L. 107–279, title II, § 202, Nov. 5, 2002, 116 Stat. 1975.)
heading: Short Title
text: This subchapter known as the “Educational Technical Assistance Act of 2002”, see Short Title note set out under section 9501 of this title.
20 U.S.C. § 9603 (EDUCATION)
§ 9603. Evaluations
The Secretary shall provide for ongoing independent evaluations by the National Center for Education Evaluation and Regional Assistance of the comprehensive centers receiving assistance under this subchapter, the results of which shall be transmitted to the appropriate congressional committees and the Director of the Institute of Education Sciences. Such evaluations shall include an analysis of the services provided under this subchapter, the extent to which each of the comprehensive centers meets the objectives of its respective plan, and whether such services meet the educational needs of State educational agencies, local educational agencies, and schools in the region.
(Pub. L. 107–279, title II, § 204, Nov. 5, 2002, 116 Stat. 1979.)
20 U.S.C. § 9604 (EDUCATION)
§ 9604. Existing technical assistance providers
The Secretary shall continue awards for the support of the Eisenhower Regional Mathematics and Science Education Consortia established under part M of the Educational Research, Development, Dissemination, and Improvement Act of 1994 (as such part existed on the day before November 5, 2002), the Regional Technology in Education Consortia under section 3141 of the Elementary and Secondary Education Act of 1965 (as such section existed on the day before January 8, 2002), and the Comprehensive Regional Assistance Centers established under part K of the Educational Research, Development, Dissemination, and Improvement Act of 1994 (as such part existed on the day before November 5, 2002), in accordance with the terms of such awards, until the comprehensive centers authorized under section 9602 of this title are established.
(Pub. L. 107–279, title II, § 205, Nov. 5, 2002, 116 Stat. 1979.)
heading: References in Text
text: Parts K and M of the Educational Research, Development, Dissemination, and Improvement Act of 1994 (as such parts existed on the day before November 5, 2002), referred to in text, mean parts K and M of title IX of Pub. L. 103–227, which were classified to parts G (§ 6053 et seq.) and I (§ 6055 et seq.), respectively, of subchapter IX of chapter 68 of this title, prior to repeal by Pub. L. 107–279, title IV, § 403(2), Nov. 5, 2002, 116 Stat. 1985.
Section 3141 of the Elementary and Secondary Education Act of 1965 (as such section existed on the day before January 8, 2002), referred to in text, is section 3141 of title III of Pub. L. 89–10, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3649, which was classified to section 6861 of this title prior to the general amendment of title III of Pub. L. 89–10 by Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1689.
20 U.S.C. § 9606 (EDUCATION)
§ 9606. Priorities
The Secretary shall establish priorities for the regional educational laboratories (established under section 9564 of this title) and comprehensive centers (established under section 9602 of this title) to address, taking onto account the regional assessments conducted under section 9605 of this title and other relevant regional surveys of educational needs, to the extent the Secretary deems appropriate.
(Pub. L. 107–279, title II, § 207, Nov. 5, 2002, 116 Stat. 1981.)
20 U.S.C. § 9607 (EDUCATION)
§ 9607. Grant program for statewide, longitudinal data systems
(a) Grants authorized
The Secretary is authorized to award grants, on a competitive basis, to State educational agencies to enable such agencies to design, develop, and implement statewide, longitudinal data systems to efficiently 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 application 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 9573 of this title;
(2) promotes the generation and accurate and timely use of data that is needed—
(A) for States and local educational agencies to comply with the Elementary and Secondary 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 section 9543(a)(5) of this title.
(d) Supplement not supplant
Funds made available under this section shall be used to supplement, and not supplant, other State or local funds used for developing State data systems.
(e) Report
Not later than 1 year after November 5, 2002, and again 3 years after such date, 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 regarding the development and use of statewide, longitudinal 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 9573 of this title; and
(3) identifying best practices and areas for improvement.
(Pub. L. 107–279, title II, § 208, Nov. 5, 2002, 116 Stat. 1981.)
heading: References in Text
text: The Elementary and Secondary Education Act of 1965, referred to in subsecs. (a), (c)(2)(A), and (e)(2), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, as amended, which is classified generally to chapter 70 (§ 6301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables.
20 U.S.C. § 9608 (EDUCATION)
§ 9608. Authorization of appropriations
There are authorized to be appropriated to carry out this subchapter $80,000,000 for fiscal year 2003 and such sums as may be necessary for each of the 5 succeeding fiscal years.
(Pub. L. 107–279, title II, § 209, Nov. 5, 2002, 116 Stat. 1982.)