To provide for improvement of Federal education research, statistics, evaluation, information, and dissemination, and for other purposes.
PL 107-279 (H.R.3801), enacted 11/05/2002

116 STAT. 1940 
PUBLIC LAW 107-279—NOV. 5, 2002 
Public Law 107-279 
107th Congress 
An Act 
Nov. 5, 2002 
To provide for improvement of Federal education research, statistics, evaluation, 
[H.R. 3801] 
information, and dissemination, and for other piu-poses. 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
SECTION 1. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Table of contents. 
TITLE I—EDUCATION SCIENCES REFORM 
Sec. 101. Short title. 
Sec. 102. Definitions. 
PART A—THE INSTITUTE OF EDUCATION SCIENCES 
Sec. 111. Establishment. 
Sec. 112. Functions. 
Sec. 113. Delegation. 
> 
Sec. 114. Office of the Director. 
Sec. 115. Priorities. 
Sec. 116. National Board for Education Sciences. 
Sec. 117. Commissioners of the National Education Centers. 
Sec. 118. Agreements. 
Sec. 119. Biennial report. 
Sec. 120. Competitive awards. 
PABT B—NATIONAL CENTER FOR EDUCATION RESEARCH 
Sec. 131. Establishment. 
Sec. 132. Commissioner for Education Research. 
Sec. 133. Duties. 
Sec. 134. Standards for conduct and evaluation of research. 
PART C—^NATIONAL CENTER FOR EDUCATION STATISTICS 
Sec. 151. Establishment. 
Sec. 152. Commissioner for Education Statistics. 
Sec. 153. Duties. 
Sec. 154. Performance of duties. 
Sec. 155. Reports. 
Sec. 156. Dissemination. 
Sec. 157. Cooperative education statistics systems. 
Sec. 158. State defined. 
PART D—NATIONAL CENTER FOR EDUCATION EVALUATION AND REGIONAL 
ASSISTANCE 
Sec. 171. Establishment. 
Sec. 172. Commissioner for Education Evaluation and Regional Assistance. 
Sec. 173. Evaluations. 
Sec. 174. Regional educationeJ laboratories for research, development, dissemina-
tion, and technical assistance. 
PART E—GENERAL PROVISIONS 
Sec. 181. Interagency data sources and formats. 
PUBLIC LAW 107-279—NOV. 5, 2002 
116 STAT. 1941 
Sec. 182. Prohibitions. 
Sec. 183. Confidentiality. 
Sec. 184. Availability of data. 
Sec. 185. Performance management. 
Sec. 186. Authority to publish. 
Sec. 187. Vacancies. 
Sec. 188. Scientific or technical employees. 
Sec. 189. Fellowships. 
Sec. 190. Voluntary service. 
Sec. 191. Rulemaking. 
Sec. 192. Copyright. 
Sec. 193. Removal. 
Sec. 194. Authorization of appropriations. 
TITLE II—EDUCATIONAL TECHNICAL ASSISTANCE 
Sec. 201. Short title. 
Sec. 202. Definitions. 
Sec. 203. Comprehensive centers. 
Sec. 204. Evaluations. 
Sec. 205. Existing technical assistance providers. 
Sec. 206. Regional advisory committees. 
Sec. 207. Priorities. 
Sec. 208. Grant program for statewide, longitudinal data systems. 
Sec. 209. Authorization of appropriations. 
TITLE III—NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS 
Sec. 301. Short title. 
Sec. 302. Definitions. 
Sec. 303. Authorization of appropriations. 
TITLE IV—AMENDATORY PROVISIONS 
Sec. 401. Redesignations. 
Sec. 402. Amendments to Department of Education Organization Act. 
Sec. 403. Repeals. 
Sec. 404. Conforming and technical amendments. 
Sec. 405. Orderly transition. 
Sec. 406. Impact aid. 
TITLE I—EDUCATION SCIENCES 
Education 
REFORM 
IST/ooY""' 
SEC. 101. SHORT TITLE. 
20 USC 9501 
This title may be cited as the "Education Sciences Reform 
Act of 2002". 
SEC. 102. DEFINITIONS. 
20 USC 9501. 
In this title: 
(1) IN GENERAL.—The terms "elementary school", "sec-
ondary school", "local educational agency", and "State edu-
cational agency" have the meanings given those terms in section 
9101 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7801) and the terms "freely associated states" and 
"outlying area" have the meanings given those terms in section 
1121(c) of such Act (20 U.S.C. 6331(c)). 
(2) APPLIED RESEARCH.—The term "applied 
research" 
means research— 
(A) to gain knowledge or understanding necessary for 
determining the means by which a recognized and specific 
need may be met; and 
(B) that is specifically directed to the advancement 
of practice in the field of education. 
(3) BASIC RESEARCH.—The term "basic research" means 
research— 
116 STAT. 1942 
PUBLIC LAW 107-279—NOV. 5, 2002 
(A) to gain fundamental knowledge or understanding 
of phenomena and observable facts, without 
specific 
application toward processes or products; and 
(B) for the advancement of knowledge in the field 
of education. 
(4) BOARD.—The term "Board" means the National Board 
for Education Sciences established under section 116. 
(5) BUREAU.—The term "Bureau" means the Bureau of 
Indian Affairs. 
(6) COMPREHENSIVE CENTER.—The term "comprehensive 
center" means an entity established under section 203 of the 
Educational Technical Assistance Act of 2002. 
(7) DEPARTMENT.—The term "Department" means the 
Department of Education. 
(8) DEVELOPMENT.—The term "development" means the 
systematic use of knowledge or understanding gained from 
the findings of scientifically valid research and the shaping 
of that knowledge or understanding into products or processes 
that can be applied and evaluated and may prove useful in 
areas such as the preparation of materials and new methods 
of instruction and practices in teaching, that lead to the 
improvement of the academic skills of students, and that are 
replicable in different educational settings. 
(9) DIRECTOR.—The term "Director" means the Director 
of the Institute of Education Sciences. 
(10) DISSEMINATION.—^The term "dissemination" means the 
communication and transfer of the results of scientifically valid 
research, statistics, and evaluations, in forms that are under-
standable, easily accessible, and usable, or adaptable for use 
in, the improvement of educational practice by teachers, 
administrators, librarians, other practitioners, researchers, par-
ents, policymakers, and the public, through technical assist-
ance, publications, electronic transfer, and other means. 
(11) EARLY CHILDHOOD EDUCATOR.—The term "early child-
hood educator" means a person providing, or employed by a 
provider of, nonresidential child care services (including center-
based, family-based, and in-home child care services) that is 
legally operating under State law, and that complies with 
applicable State and local requirements for the provision of 
child care services to children at any age from birth through 
the age at which a child may start kindergarten in that State. 
(12) FIELD-INITIATED RESEARCH.—The term "field-initiated 
research" means basic research or applied research in which 
specific questions and methods of study are generated by inves-
tigators (including teachers and other practitioners) and that 
conforms to standards of scientifically valid research. 
(13) HISTORICALLY BLACK COLLEGE OR UNIVERSITY.—The 
term "historically Black college or university" means a part 
B institution as defined in section 322 of the Higher Education 
Act of 1965 (20 U.S.C. 1061). 
(14) INSTITUTE.—The term "Institute" means the Institute 
of Education Sciences established under section 111. 
(15) 
INSTITUTION 
OF 
HIGHER 
EDUCATION.—^The 
term 
"institution of higher education" has the meaning given that 
term in section 101(a) of the Higher Education Act of 1965 
(20 U.S.C. 1001(a)). 
PUBLIC LAW 107-279—NOV. 5, 2002 
116 STAT. 1943 
(16) NATIONAL RESEARCH AND DEVELOPMENT CENTER.—The 
term "national research and development center" means a 
research and development center supported under section 
133(c). 
(17) PROVIDER OF EARLY CHILDHOOD SERVICES.—The term 
"provider of early childhood services" means a public or private 
entity that serves young children, including— 
(A) child care providers; 
(B) Head Start agencies operating Head Start pro-
grams, and entities carrying out Early Head Start pro-
grams, under the Head Start Act (42 U.S.C. 9831 et seq.); 
(C) preschools; 
(D) kindergartens; and 
(E) libraries. 
(18) SCIENTIFICALLY BASED RESEARCH STANDARDS.—(A) 
The 
term "scientifically based research standards" means research 
standards that— 
(i) apply rigorous, systematic, and objective method-
ology to obtain reliable and valid knowledge relevant to 
education activities and programs; and 
(ii) present findings and make claims that are appro-
priate to and supported by the methods that have been 
employed. 
(B) The term includes, appropriate to the research being 
conducted— 
(i) employing systematic, empirical methods that draw 
on observation or experiment; 
(ii) involving data analyses that are adequate to sup-
port the general findings; 
(iii) relying on measurements or observational methods 
that provide reliable data; 
(iv) making clsiims of causal relationships only in 
random assignment experiments or other designs (to the 
extent such designs substantially eliminate plausible com-
peting explanations for the obtained results); 
(v) ensuring that studies and methods are presented 
in sufficient detail and clarity to allow for replication or, 
at a minimum, to offer the opportunity to build systemati-
cally on the findings of the research; 
(vi) obtaining acceptance by a peer-reviewed journal 
or approval by a panel of independent experts through 
a comparably rigorous, objective, and scientific review; and 
(vii) using research designs and methods appropriate 
to the research question posed. 
(19) 
SCIENTIFICALLY VALID EDUCATION EVALUATION.—The 
term "scientifically valid education evaluation" means an 
evaluation that— 
(A) adheres to the highest possible standards of quality 
with respect to research design and statistical analysis; 
(B) provides an adequate description of the programs 
evaluated and, to the extent possible, examines the rela-
tionship between program implementation and program 
impacts; 
(C) provides an analysis of the results achieved by 
the program with respect to its projected effects; 
116 STAT. 1944 
PUBLIC LAW 107-279—NOV. 5, 2002 
(D) employs experimental 
designs using 
random 
assignment, when feasible, and other research methodolo-
gies that allow for the strongest possible causal inferences 
when random assignment is not feasible; and 
(E) may study program implementation through a com-
bination of scientifically valid and reliable methods. 
(20) SCIENTIFICALLY VALID RESEARCH.—The term "scientif-
ically valid research" includes applied research, basic research, 
and field-initiated research in which the rationale, design, and 
interpretation are soundly developed in accordance with sci-
entifically based research standards. 
(21) SECRETARY.—The term "Secretary" means the Sec-
retary of Education. 
(22) STATE.—The term "State" includes (except as provided 
in section 158) each of the 50 States, the District of Columbia, 
the Commonwealth of Puerto Rico, the freely associated states, 
and the outlying areas. 
(23) TECHNICAL ASSISTANCE.—The term "technical assist-
ance" means— 
(A) assistance in identifying, selecting, or designing 
solutions based on research, including professional develop-
ment and high-quality training to implement solutions 
leading to— 
(i) improved educational and other practices and 
classroom instruction based on scientifically valid 
research; and 
(ii) improved planning, design, and administration 
of programs; 
(B) assistance in interpreting, analyzing, and utilizing 
statistics and evaluations; and 
(C) other assistance necessary to encourage 
the 
improvement of teaching and learning through the applica-
tions of techniques 
supported by scientifically 
valid 
research. 
PART A—THE INSTITUTE OF EDUCATION SCIENCES 
20 use 9511. 
SEC. 111. ESTABLISHMENT. 
(a) ESTABLISHMENT.—^There shall be in the Department the 
Institute of Education Sciences, to be administered by a Director 
(as described in section 114) and, to the extent set forth in section 
116, a board of directors. 
(b) MISSION.— 
(1) IN GENERAL.—The mission of the Institute is to provide 
national leadership in expanding fundamental knowledge and 
understanding of education from early childhood through post-
secondary study, in order to provide parents, educators, stu-
dents, researchers, policymakers, and the general public with 
reliable information about— 
(A) the condition and progress of education in the 
United States, including early childhood education; 
(B) educational practices that support learning and 
improve academic achievement and access to educational 
opportunities for all students; and 
(C) the effectiveness of Federal and other education 
programs. 
PUBLIC LAW 107-279—NOV. 5, 2002 
116 STAT. 1945 
(2) CARRYING OUT MISSION.—In carrying out the mission 
described in paragraph (1), the Institute shall compile statistics, 
develop products, and conduct research, evaluations, and wide 
dissemination activities in areas of demonstrated national need 
(including in technology areas) that are supported by Federal 
funds appropriated to the Institute and ensure that such 
activities— 
(A) conform to high standards of quality, integrity, 
and accuracy; and 
(B) are objective, secular, neutral, and nonideological 
and are free of partisan political influence and racial, cul-
tural, gender, or regional bias. 
(c) ORGANIZATION.—The Institute shall consist of the following: 
(1) The Office of the Director (as described in section 114). 
(2) The National Board for Education Sciences (as described 
in section 116). 
(3) The National Education Centers, which include— 
(A) the National Center for Education Research (as 
described in part B); 
(B) the National Center for Education Statistics (as 
described in part C); and 
(C) the National Center for Education Evaluation and 
Regional Assistance (as described in part D). 
SEC. 112. FUNCTIONS. 
20 USC 9512. 
From funds appropriated under section 194, the Institute, 
directly or through grants, contracts, or cooperative agreements, 
shall— 
(1) conduct and support scientifically valid research activi-
ties, including basic research and applied research, statistics 
activities, scientifically valid education evaluation, develop-
ment, and wide dissemination; 
(2) widely disseminate the findings and results of scientif-
ically valid research in education; 
(3) promote the use, development, and application of knowl-
edge gained from scientifically valid research activities; 
(4) strengthen the national capacity to conduct, develop, 
and widely disseminate scientifically valid research in edu-
cation; 
(5) promote the coordination, development, and dissemina-
tion of scientifically valid research in education within the 
Department and the Federal Government; and 
(6) promote the use and application of research and 
development to improve practice in the classroom. 
SEC. 113. DELEGATION. 
20 USC 9513. 
(a) DELEGATION OF AUTHORITY.—Notwithstanding section 412 
of the Department of Education Organization Act (20 U.S.C. 3472), 
the Secretary shall delegate to the Director all functions for carrying 
out this title (other than administrative and support functions), 
except that— 
(1) nothing in this title or in the National Assessment 
of Educational Progress Authorization Act (except section 
302(e)(l)(J) of such Act) shall be construed to alter or diminish 
the role, responsibilities, or authority of the National Assess-
ment Governing Board with respect to the National Assessment 
of Educational Progress (including with respect to the meth-
odologies of the National Assessment of Educational Progress 
99-194O-03-12:QL3Part3 
116 STAT. 1946 
PUBLIC LAW 107-279—NOV. 5, 2002 
described in section 302(e)(1)(E)) from those authorized by the 
National Education Statistics Act of 1994 (20 U.S.C. 9001 at 
seq.) on the day before the date of enactment of this Act; 
(2) members of the National Assessment Governing Board 
shall continue to be appointed by the Secretary; 
(3) section 302(f)(1) of the National Assessment of Edu-
cational Progress Authorization Act shall apply to the National 
Assessment Governing Board in the exercise of its responsibil-
ities under this Act; 
(4) sections 115 and 116 shall not apply to the National 
Assessment of Educational Progress; and 
(5) sections 115 and 116 shall not apply to the National 
Assessment Governing Board. 
(b) OTHER ACTIVITIES.—^The Secretary may assign the Institute 
responsibility for administering other activities, if those activities 
are consistent with— 
(1) the Institute's priorities, as approved by the National 
Board for Education Sciences under section 116, and the 
Institute's mission, as described in section 111(b); or 
(2) the Institute's mission, but only if those activities do 
not divert the Institute from its priorities. 
20 use 9514. 
SEC. 114. OFFICE OF THE DIRECTOR. 
(a) APPOINTMENT.—Except as provided in subsection (b)(2), the 
President, by and with the advice and consent of the Senate, shall 
appoint the Director of the Institute. 
(b) TERM.— 
(1) IN GENERAL.—The Director shall serve for a term of 
6 years, beginning on the date of appointment of the Director. 
(2) FIRST DIRECTOR.—The President, without the advice 
and consent of the Senate, may appoint the Assistant Secretary 
for the Office of Educational Research and Improvement (as 
such office existed on the day before the date of enactment 
of this Act) to serve as the first Director of the Institute. 
(3) SUBSEQUENT DIRECTORS.—^The Board may make rec-
ommendations to the President with respect to the appointment 
of a Director under subsection (a), other than a Director 
appointed under paragraph (2). 
(c) PAY.—The Director shall receive the rate of basic pay for 
level II of the Executive Schedule. 
(d) QUALIFICATIONS.—The Director shall be selected from 
individuals who are highly qualified authorities in the fields of 
scientifically valid research, statistics, or evaluation in education, 
as well as management within such areas, and have a demonstrated 
capacity for sustained productivity and leadership in these areas. 
(e) ADMINISTRATION.—The Director shall— 
(1) administer, oversee, and coordinate the activities carried 
out under the Institute, including the activities of the National 
Education Centers; and 
(2) coordinate and approve budgets and operating plans 
for each of the National Education Centers for submission 
to the Secretary. 
(f) DUTIES.—The duties of the Director shall include the fol-
lowing: 
(1) To propose to the Board priorities for the Institute, 
in accordance with section 115(a). 
PUBLIC LAW 107-279—NOV. 5, 2002 
116 STAT. 1947 
(2) To ensure the methodology applied in conducting 
research, development, evaluation, and statistical analysis is 
consistent with the standards for such activities under this 
title. 
(3) To coordinate education research and related activities 
carried out by the Institute with such research and activities 
carried out by other agencies within the Department and the 
Federal Government. 
(4) To advise the Secretary on research, evaluation, and 
statistics activities relevant to the activities of the Department. 
(5) To establish necessary procedures for technical and 
scientific peer review of the activities of the Institute, consistent 
with section 116(b)(3). 
(6) To ensure that all participants in research conducted 
or supported by the Institute are afforded their privacy rights 
and other relevant protections as research subjects, in accord-
ance with section 183 of this title, section 552a of title 5, 
United States Code, and sections 444 and 445 of the General 
Education Provisions Act (20 U.S.C. 1232g, 1232h). 
(7) To ensure that activities conducted or supported by 
the Institute are objective, secular, neutral, and nonideological 
and are free of partisan political influence and racial, cultural, 
gender, or regional bias. 
(8) To undertake initiatives and programs to increase the 
participation of researchers and institutions that have been 
historically underutilized in Federal education research activi-
ties of the Institute, including historically Black colleges or 
universities or other institutions of higher education with large 
numbers of minority students. 
(9) To coordinate with the Secretary to promote and provide 
for the coordination of research and development activities and 
technical assistance activities between the Institute and com-
prehensive centers. 
(10) To solicit and consider the recommendations of edu-
cation stakeholders, in order to ensure that there is broad 
and regular public and professional input from the educational 
field in the planning and carrying out of the Institute's activi-
ties. 
(11) To coordinate the wide dissemination of information 
on scientifically valid research. 
(12) To carry out and support other activities consistent 
with the priorities and mission of the Institute. 
(g) EXPERT GUIDANCE AND ASSISTANCE.—The Director 
may 
establish technical and scientific peer-review groups and scientific 
program advisory committees for research and evaluations that 
the Director determines are necessary to carry out the requirements 
of this title. The Director shall appoint such personnel, except 
that officers and employees of the United States shall comprise 
no more than V4 of the members of any such group or committee 
and shall not receive additional compensation for their service 
as members of such a group or committee. The Director shall 
ensure that reviewers are highly qualified and capable to appraise 
education research and development projects. The Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to a peer-review 
group or an advisory committee established under this subsection. 
(h) REVIEW.—The Director may, when requested by other offi-
cers of the Department, and shall, when directed by the Secretary, 
116 STAT. 1948 
PUBLIC LAW 107-279—NOV. 5, 2002 
review the products and publications of other offices of the Depart-
ment to certify that evidence-based claims about those products 
and publications are scientifically valid. 
20 use 9515. 
SEC. 115. PRIORITIES. 
(a) PROPOSAL.—The Director shall propose to the Board prior-
ities for the Institute (taking into consideration long-term research 
and development on core issues conducted through the national 
research and development centers). The Director shall identify 
topics that may require long-term research and topics that are 
focused on understanding and solving particular education problems 
and issues, including those associated with the goals and require-
ments established in the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6301 et seq.) and the Higher Education 
Act of 1965 (20 U.S.C. 1001 et seq.), such as— 
(1) closing the achievement gap between high-performing 
and low-performing children, especially achievement gaps 
between minority and nonminority children and between dis-
advantaged children and such children's more advantaged 
peers; and 
(2) ensuring— 
(A) that all children have the ability to obtain a high-
quality education (from early childhood through postsec-
ondary education) and reach, at a minimum, proficiency 
on challenging State academic achievement standards and 
State academic assessments, particularly in mathematics, 
science, and reading or language arts; 
(B) access to, and opportunities for, postsecondary edu-
cation; and 
(C) the efficacy, impact on academic achievement, and 
cost-effectiveness of technology use within the Nation's 
schools. 
(b) APPROVAL.—The Board shall approve or disapprove the 
priorities for the Institute proposed by the Director, including any 
necessary revision of those priorities. The Board shall transmit 
any priorities so approved to the appropriate congressional commit-
tees. 
(c) CONSISTENCY.—The Board shall ensure that priorities of 
the Institute and the National Education Centers are consistent 
with the mission of the Institute. 
(d) PUBLIC AVAILABILITY AND COMMENT.— 
(1) PRIORITIES.—Before submitting to the Board proposed 
priorities for the Institute, the Director shall make such prior-
ities available to the public for comment for not less than 
60 days (including by means of the Internet and through pub-
lishing such priorities in the Federal Register). The Director 
shall provide to the Board a copy of each such comment sub-
mitted. 
(2) PLAN.—^Upon approval of such priorities, the Director 
shall make the Institute's plan for addressing such priorities 
available for public comment in the same manner as under 
paragraph (1). 
20 use 9516. 
SEC. 116. NATIONAL BOARD FOR EDUCATION SCIENCES. 
(a) ESTABLISHMENT.—^The Institute shall have a board of direc-
tors, which shall be known as the National Board for Education 
Sciences. 
(b) DUTIES.—^The duties of the Board shall be the following: 
PUBLIC LAW 107-279—NOV. 5, 2002 
116 STAT. 1949 
(1) To advise and consult with the Director on the poHcies 
of the Institute. 
(2) To consider and approve priorities proposed by the 
Director under section 115 to guide the work of the Institute. 
(3) To review and approve procedures for technical and 
scientific peer review of the activities of the Institute. 
(4) To advise the Director on the establishment of activities 
to be supported by the Institute, including the general areas 
of research to be carried out by the National Center for Edu-
cation Research. 
(5) To present to the Director such recommendations as 
it may find appropriate for— 
(A) the strengthening of education research; and 
(B) the funding of the Institute. 
(6) To advise the Director on the funding of applications 
for grants, contracts, and cooperative agreements for research, 
after the completion of peer review. 
(7) To review and regularly evaluate the work of the 
Institute, to ensure that scientifically valid research, develop-
ment, evaluation, and statistical analysis are consistent with 
the standards for such activities under this title. 
(8) To advise the Director on ensuring that activities con-
ducted or supported by the Institute are objective, secular, 
neutral, and nonideological and are free of partisan political 
influence and racial, cultural, gender, or regional bias. 
(9) To solicit advice and information from those in the 
educational field, particularly practitioners and researchers, 
to recommend to the Director topics that require long-term, 
sustained, systematic, programmatic, and integrated research 
efforts, including knowledge utilization and wide dissemination 
of research, consistent with the priorities and mission of the 
Institute. 
(10) To advise the Director on opportunities for the partici-
pation in, and the advancement of, women, minorities, and 
persons with disabilities in education research, statistics, and 
evaluation activities of the Institute. 
(11) To recommend to the Director ways to enhance stra-
tegic partnerships and collaborative efforts among other Federal 
and State research agencies. 
(12) To recommend to the Director individuals to serve 
as Commissioners of the National Education Centers. 
(c) COMPOSITION.— 
(1) VOTING MEMBERS.—The Board shall have 15 voting 
members appointed by the President, by and with the advice 
and consent of the Senate. 
(2) ADVICE.—The President shall solicit advice regarding 
individuals to serve on the Board from the National Academy 
of Sciences, the National Science Board, and the National 
Science Advisor. 
(3) NONVOTING EX OFFICIO MEMBERS.—The Board shall 
have the following nonvoting ex officio members: 
(A) The Director of the Institute of Education Sciences. 
(B) Each of the Commissioners of the National Edu-
cation Centers. 
(C) The Director of the National Institute of Child 
Health and Human Development. 
(D) The Director of the Census. 
116 STAT. 1950 
PUBLIC LAW 107-279—NOV. 5, 2002 
(E) The Commissioner of Labor Statistics. 
(F) The Director of the National Science Foundation. 
(4) APPOINTED MEMBERSHIP.— 
(A) QUALIFICATIONS.—Members appointed under para-
graph (1) shall be highly qualified to appraise education 
research, statistics, evaluations, or development, and shall 
include the following individuals: 
(i) Not fewer than 8 researchers in the field of 
statistics, evaluation, social sciences, or physical and 
biological 
sciences, 
which 
may 
include 
those 
researchers recommended by the National Academy 
of Sciences. 
(ii) Individuals who are knowledgeable about the 
educational needs of the United States, who may 
include school-based professional educators, parents 
(including parents with experience in 
promoting 
parental involvement in education). Chief State School 
Officers, State postsecondary education executives, 
presidents of institutions of higher education, local edu-
cational 
agency 
superintendents, 
early 
childhood 
experts, principals, members of State or local boards 
of education or Bureau-funded school boards, and 
individuals from business and industry with experience 
in promoting private sector involvement in education. 
(B) TERMS.—Each member appointed under paragraph 
(1) shall serve for a term of 4 years, except that— 
(i) the terms of the initial members appointed 
under such paragraph shall (as determined by a 
random selection process at the time of appointment) 
be for staggered terms of— 
(I) 4 years for each of 5 members; 
(II) 3 years for each of 5 members; and 
(III) 2 years for each of 5 members; £ind 
(ii) no member appointed under such paragraph 
shall serve for more than 2 consecutive terms. 
(C) UNEXPIRED TERMS.—Any member appointed to fill 
a vacancy 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. 
(D) CONFLICT OF INTEREST.—^A voting member of the 
Board shall be considered a special Government employee 
for the purposes of the Ethics in Government Act of 1978. 
(5) CHAIR.—The Board shall elect a chair from among 
the members of the Board. 
(6) COMPENSATION.—Members of the Board shall serve 
without pay for such service. Members of the Board who are 
officers or employees of the United States may not receive 
additional pay, allowances, or benefits by reason of their service 
on the Board. 
(7) TRAVEL EXPENSES.—The members of the Board shall 
receive travel expenses, including per diem in lieu of subsist-
ence, in accordance with subchapter I of chapter 57 of title 
5, United States Code. 
(8) POWERS OF THE BOARD.— 
(A) EXECUTIVE DIRECTOR.—The Board shall have an 
Executive Director who shall be appointed by the Board. 
PUBLIC LAW 107-279—NOV. 5, 2002 
116 STAT. 1951 
(B) ADDITIONAL STAFF.—The Board shall utilize such 
additional staff as may be appointed or assigned by the 
Director, in consultation with the Chair and the Executive 
Director. 
(C) DETAIL OF PERSONNEL.—The Board may use the 
services and facilities of any department or agency of the 
Federal Government. Upon the request of the Board, the 
head of any Federal department or agency may detail any 
of the personnel of that department or agency to the Board 
to assist the Board in carrying out this Act. 
(D) CONTRACTS.—The Board may enter into contracts 
or make other arrangements as may be necessary to carry 
out its functions. 
(E) INFORMATION.—The Board may, to the extent other-
wise permitted by law, obtain directly from £iny executive 
department or agency of the Federal Government such 
information as the Board determines necessary to carry 
out its functions. 
(9) MEETINGS.—^The Board shall meet not less than 3 times 
each year. The Board shall hold additional meetings at the 
call of the Chair or upon the written request of not less than 
6 voting members of the Board. Meetings of the Board shall 
be open to the public. 
(10) QUORUM.—^A majority of the voting members of the 
Board serving at the time of the meeting shall constitute a 
quorum. 
(d) STANDING COMMITTEES.— 
(1) ESTABLISHMENT.—^The Board may establish standing 
committees— 
(A) that will each serve 1 of the National Education 
Centers; and 
(B) to advise, consult with, and make recommendations 
to the Director and the Commissioner of the appropriate 
National Education Center. 
(2) MEMBERSHIP.—^A majority of the members of each 
standing committee shall be voting members of the Board whose 
expertise is needed for the functioning of the committee. In 
addition, the membership of each standing committee may 
include, as appropriate— 
(A) experts and scientists in research, statistics, 
evaluation, or development who are recognized in their 
discipline as highly qualified to represent such discipline 
and who are not members of the Board, but who may 
have been recommended by the Commissioner of the appro-
priate National Education Center and approved by the 
Board; 
(B) ex officio members of the Board; and 
(C) policymakers and expert practitioners with knowl-
edge of, and experience using, the results of research, 
evaluation, and statistics who are not members of the 
Board, but who may have been recommended by the 
Commissioner of the appropriate National 
Education 
Center and approved by the Board. 
(3) DUTIES.—^Each standing committee shall— 
(A) review and comment, at the discretion of the Board 
or the standing committee, on any grgmt, contract, or 
116 STAT. 1952 
PUBLIC LAW 107-279—NOV. 5, 2002 
Deadline. 
Reports. 
Deadline. 
cooperative agreement entered into (or proposed to be 
entered into) by the applicable National Education Center; 
(B) prepare for, and submit to, the Board an annual 
evaluation of the operations of the applicable National Edu-
cation Center; 
(C) review and comment on the relevant plan for activi-
ties to be undertaken by the applicable National Education 
Center for each fiscal year; and 
(D) report periodically to the Board regarding the 
activities of the committee and the applicable National 
Education Center. 
(e) ANNUAL REPORT.—^The Board shall submit to the Director, 
the Secretary, and the appropriate congressional committees, not 
later than July 1 of each year, a report that assesses the effective-
ness of the Institute in carrying out its priorities and mission, 
especially as such priorities and mission relate to carrying out 
scientifically valid research, conducting unbiased evaluations, col-
lecting and reporting accurate education statistics, and translating 
research into practice. 
(f) 
RECOMMENDATIONS.—The Board 
shall 
submit 
to 
the 
Director, the Secretary, and the appropriate congressional commit-
tees a report that includes any recommendations regarding any 
actions that may be taken to enhance the ability of the Institute 
to carry out its priorities and mission. The Board shall submit 
an interim report not later than 3 years after the date of enactment 
of this Act and a final report not later than 5 years after such 
date of enactment. 
20 u s e 9517. 
SEC. 117. COMMISSIONERS OF THE NATIONAL EDUCATION CENTERS. 
(a) APPOINTMENT OF COMMISSIONERS.— 
(1) IN GENERAL.—Except as provided in subsection (b), each 
of the National Education Centers shall be headed by a 
Commissioner 
appointed by the Director. In 
appointing 
Commissioners, the Director shall seek to promote continuity 
in leadership of the National Education Centers and shall con-
sider individuals recommended by the Board. The Director may 
appoint a Commissioner to carry out the functions of a National 
Education Center without regard to the provisions of title 5, 
United States Code, governing appointments in the competitive 
service, and the provisions of chapter 51 and subchapter III 
of chapter 53 of such title relating to classification and General 
Schedule pay rates. 
(2) PAY AND QUALIFICATIONS.—Except as provided in sub-
section (b), each Commissioner shall— 
(A) receive the rate of basic pay for level IV of the 
Executive Schedule; and 
(B) be highly qualified in the field of education research 
or evaluation. 
(3) SERVICE.—Except as provided in subsection (b), each 
Commissioner shall report to the Director. A Commissioner 
shall serve for a period of not more than 6 years, except 
that a Commissioner— 
(A) may be reappointed by the Director; and 
(B) may serve after the expiration of that Commis-
sioner's term, until a successor has been appointed, for 
a period not to exceed 1 additional year. 
PUBLIC LAW 107-279—NOV. 5, 2002 
116 STAT. 1953 
(b) APPOINTMENT OF COMMISSIONER FOR EDUCATION STATIS-
TICS.—The National Center for Education Statistics shall be headed 
by a Commissioner for Education Statistics who shall be appointed 
by the President, by and with the advice and consent of the Senate, 
and who shall— 
(1) have substantial knowledge of programs assisted by 
the National Center for Education Statistics; 
(2) receive the rate of basic pay for level IV of the Executive 
Schedule; and 
(3) serve for a term of 6 years, with the term to expire 
every sixth June 21, beginning in 2003. 
(c) COORDINATION.—Each Commissioner of a National Edu-
cation Center shall coordinate with each of the other Commissioners 
of the National Education Centers in carrying out such Commis-
sioner's duties under this title. 
(d) SUPERVISION AND APPROVAL.—Each Commissioner, except 
the Commissioner for Education Statistics, shall carry out such 
Commissioner's duties under this title under the supervision and 
subject to the approval of the Director. 
SEC. 118. AGREEMENTS. 
20 USC 9518. 
The Institute may carry out research projects of common 
interest with entities such as the National Science Foundation 
and the National Institute of Child Health and Human Development 
through agreements with such entities that are in accordance with 
section 430 of the General Education Provisions Act (20 U.S.C. 
1231). 
SEC. 119. BIENNIAL REPORT. 
20 USC 9519. 
The Director shall, on a biennial basis, transmit to the Presi-
dent, the Board, and the appropriate congressional committees, 
and make widely available to the public (including by means of 
the Internet), a report containing the following: 
(1) A description of the activities carried out by and through 
the National Education Centers during the prior fiscal years. 
(2) A summary of each grant, contract, and cooperative 
agreement in excess of $100,000 funded through the National 
Education Centers during the prior fiscal years, including, at 
a minimum, the amount, duration, recipient, purpose of the 
award, and the relationship, if any, to the priorities and mission 
of the Institute, which shall be available in a user-friendly 
electronic database. 
(3) A description of how the activities of the National 
Education Centers are consistent with the principles of scientif-
ically valid research and the priorities and mission of the 
Institute. 
(4) Such additional comments, recommendations, and mate-
rials as the Director considers appropriate. 
SEC. 120. COMPETITIVE AWARDS. 
20 USC 9520. 
Activities carried out under this Act through grants, contracts, 
or cooperative agreements, at a minimum, shall be awarded on 
a competitive basis and, when practicable, through a process of 
peer review. 
116 STAT. 1954 
PUBLIC LAW 107-279—NOV. 5, 2002 
PART B—NATIONAL CENTER FOR EDUCATION 
RESEARCH 
20 use 9531. 
SEC. 131. ESTABLISHMENT. 
(a) ESTABLISHMENT.—There is established in the Institute a 
National Center for Education Research (in this part referred to 
as the "Research Center"). 
(b) MISSION.—The mission of the Research Center is— 
(1) to sponsor sustained research that will lead to the 
accumulation of knowledge and understanding of education, 
to— 
(A) ensure that all children have access to a high-
quality education; 
(B) improve student academic achievement, including 
through the use of educational technology; 
(C) close the achievement gap between high-performing 
and low-performing students through the improvement of 
teaching and learning of reading, writing, mathematics, 
science, and other academic subjects; and 
(D) improve access to, and opportunity for, postsec-
ondary education; 
(2) to support the synthesis and, as appropriate, the 
integration of education research; 
(3) to promote quality and integrity through the use of 
accepted practices of scientific inquiry to obtain knowledge and 
understanding of the validity of education theories, practices, 
or conditions; and 
(4) to promote scientifically valid research findings that 
can provide the basis for improving academic instruction and 
lifelong learning. 
20 use 9532. 
SEC. 132. COMMISSIONER FOR EDUCATION RESEARCH. 
The Research Center shall be headed by a Commissioner for 
Education Research (in this part referred to as the "Research 
Commissioner") who shall have substantial knowledge of the activi-
ties of the Research Center, including a high level of expertise 
in the fields of research and research management. 
20 use 9533. 
SEC. 133. DUTIES. 
(a) GENERAL DUTIES.—The Research Center shall— 
(1) maintain published peer-review standards and stand-
ards for the conduct and evaluation of all research and develop-
ment carried out under the auspices of the Research Center 
in accordance with this part; 
(2) propose to the Director a research plan that— 
(A) is consistent with the priorities and mission of 
the Institute and the mission of the Research Center and 
includes the activities described in paragraph (3); and 
(B) shall be carried out pursuant to paragraph (4) 
and, as appropriate, be updated and modified; 
(3) carry out specific, long-term research activities that 
are consistent with the priorities and mission of the Institute, 
and are approved by the Director; 
(4) implement the plan proposed under paragraph (2) to 
carry out scientifically valid research that— 
PUBLIC LAW 107-279—NOV. 5, 2002 
116 STAT. 1955 
(A) uses objective and measurable indicators, including 
timelines, that are used to assess the progress and results 
of such research; 
(B) meets the procedures for peer review established 
by the Director under section 114(f)(5) and the standards 
of research described in section 134; and 
(C) includes both basic research and applied research, 
which shall include research conducted through field-initi-
ated research and ongoing research initiatives; 
(5) promote the use of scientifically valid research within 
the Federal Government, including active participation in inter-
agency research projects described in section 118; 
(6) ensure that research conducted under the direction 
of the Research Center is relevant to education practice and 
policy; 
(7) synthesize and disseminate, through the National 
Center for Education Evaluation and Regional Assistance, the 
findings and results of education research conducted or sup-
ported by the Research Center; 
(8) assist the Director in the preparation of a biennial 
report, as described in section 119; 
(9) carry out research on successful State and local edu-
cation reform activities, including those that result in increased 
academic achievement and in closing the achievement gap, 
as approved by the Director; 
(10) carry out research initiatives regarding the impact 
of technology, including— 
(A) research into how technology affects 
student 
achievement; 
(B) long-term research into cognition and learning 
issues as they relate to the uses of technology; 
(C) rigorous, peer-reviewed, large-scale, long-term, and 
broadly applicable empirical research that is designed to 
determine which approaches to the use of technology are 
most effective and cost-efficient in practice and under what 
conditions; and 
(D) field-based research on how teachers implement 
technology and Internet-based resources in the classroom, 
including an understanding how these resources are being 
accessed, put to use, and the effectiveness of such resources; 
and 
(11) carry out research that is rigorous, peer-reviewed, 
and large scale to determine which methods of mathematics 
and science teaching are most effective, cost efficient, and able 
to be applied, duplicated, and scaled up for use in elementary 
and secondary classrooms, including in low-performing schools, 
to improve the teaching of, and student achievement in, mathe-
matics and science as required under the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6301 et seq.). 
(b) ELIGIBILITY.—Research carried out under subsection (a) 
through contracts, grants, or cooperative agreements shall be car-
ried out only by recipients with the ability and capacity to conduct 
scientifically valid research. 
(c) NATIONAL RESEARCH AND DEVELOPMENT CENTERS.— 
(1) SUPPORT.—In carrying out activities under subsection 
(a)(3), the Research Commissioner shall support not less than 
8 national research and development centers. The Research 
116 STAT. 1956 
PUBLIC LAW 107-279—NOV. 5, 2002 
Commissioner shall assign each of the 8 national research 
and development centers not less than 1 of the topics described 
in paragraph (2). In addition, the Research Commissioner may 
assign each of the 8 national research and development centers 
additional topics of research consistent with the mission and 
priorities of the Institute and the mission of the Research 
Center. 
(2) TOPICS OF RESEARCH.—The Research Commissioner 
shall support the following topics of research, through national 
research and development centers or through other means: 
(A) Adult literacy. 
(B) 
Assessment, 
standards, 
and 
accountability 
research. 
(C) Early childhood development and education. 
(D) English language learners research. 
(E) Improving low achieving schools. 
(F) Innovation in education reform. 
(G) State and local policy. 
(H) Postsecondary education and training. 
(I) Rural education. 
(J) Teacher quality. 
(K) Reading and literacy. 
(3) 
DUTIES OF CENTERS.—The national 
research 
and 
development centers shall address areas of national need, 
including in educational technology areas. The Research 
Commissioner may support additional national research and 
development centers to address topics of research not described 
in paragraph (2) if such topics are consistent with the priorities 
and mission of the Institute and the mission of the Research 
Center. The research carried out by the centers shall incor-
porate the potential or existing role of educational technology, 
where appropriate, in achieving the goals of each center. 
(4) SCOPE.—Support for a national research and develop-
ment center shall be for a period of not more than 5 years, 
shall be of sufficient size and scope to be effective, and notwith-
standing section 134(b), may be renewed without competition 
for not more than 5 additional years if the Director, in consulta-
tion with the Research Commissioner and the Board, deter-
mines that the research of the national research and develop-
ment center— 
(A) continues to address priorities of the Institute; 
and 
(B) merits renewal (applying the procedures and stand-
ards established in section 134). 
(5) LIMIT.—No national research and development center 
may be supported under this subsection for a period of more 
than 10 years without submitting to a competitive process 
for the award of the support. 
(6) CONTINUATION OF AWARDS.—The Director shall continue 
awards made to the national research and development centers 
that are in effect on the day before the date of enactment 
of this Act in accordsmce with the terms of those awards and 
may renew them in accordance with paragraphs (4) and (5). 
(7) DISAGGREGATION.—To the extent feasible, research con-
ducted under this subsection shall be disaggregated by age, 
race, gender, and socioeconomic background. 
PUBLIC LAW 107-279—NOV. 5, 2002 
116 STAT. 1957 
SEC. 134. STANDARDS FOR CONDUCT AND EVALUATION OF RESEARCH. 
20 USC 9534. 
(a) IN GENERAL.—In carrying out this part, the Research 
Commissioner shall— 
(1) ensure that all research conducted under the direction 
of the Research Center follows scientifically based research 
standards; 
(2) develop such other standards as may be necessary to 
govern the conduct and evaluation of all research, development, 
and wide dissemination activities carried out by the Research 
Center to assure that such activities meet the highest standards 
of professional excellence; 
(3) review the procedures utilized by the National Institutes 
of Health, the National Science Foundation, and other Federal 
departments or agencies engaged in research and development, 
and actively solicit recommendations from research organiza-
tions and members of the general public in the development 
of the standards described in paragraph (2); and 
(4) ensure that all research complies with Federal guide-
lines relating to research misconduct. 
(b) PEER REVIEW.— 
(1) IN GENERAL.—The Director shall establish a peer review 
system, involving highly qualified individuals with an in-depth 
knowledge of the subject to be investigated, for reviewing and 
evaluating all applications for grants and cooperative agree-
ments that exceed $100,000, and for evaluating and assessing 
the products of research by all recipients of grants and coopera-
tive agreements under this Act. 
(2) EVALUATION.—The Research Commissioner shall— 
(A) develop the procedures to be used in evaluating 
applications for research grants, cooperative agreements, 
and contracts, and specify 
the criteria and 
factors 
(including, as applicable, the use of longitudinal data 
linking test scores, enrollment, and graduation rates over 
time) which shall be considered in making such evaluations; 
and 
(B) evaluate the performance of each recipient of an 
award of a research grant, contract, or cooperative agree-
ment at the conclusion of the award. 
(c) LONG-TERM RESEARCH.—The Research Commissioner shall 
ensure that not less than 50 percent of the fiinds made available 
for research for each fiscal year shall be used to fund long-term 
research programs of not less than 5 years, which support the 
priorities and mission of the Institute and the mission of the 
Research Center. 
PART C—NATIONAL CENTER FOR EDUCATION 
STATISTICS 
SEC. 151. ESTABLISHMENT. 
20 USC 9541. 
(a) ESTABLISHMENT.—There is established in the Institute a 
National Center for Education Statistics (in this part referred to 
as the "Statistics Center"). 
(b) MISSION.—^The mission of the Statistics Center shall be— 
(1) to collect and analyze education information and statis-
tics in a manner that meets the highest methodological stand-
ards; 
116 STAT. 1958 
PUBLIC LAW 107-279—NOV. 5, 2002 
(2) to report education information and statistics in a timely 
manner; and 
(3) to collect, analyze, and report education information 
and statistics in a manner that— 
(A) is objective, secular, neutral, and nonideological 
and is free of partisan political influence and racial, cul-
tural, gender, or regional bias; and 
(B) is relevant and useful to practitioners, researchers, 
policymakers, and the public. 
20 use 9542. 
SEC. 152. COMMISSIONER FOR EDUCATION STATISTICS. 
The Statistics Center shall be headed by a Commissioner for 
Education Statistics (in this part referred to as the "Statistics 
Commissioner") who shall be highly qualified and have substantial 
knowledge of statistical methodologies and activities undertaken 
by the Statistics Center. 
20 use 9543. 
SEC. 153. DUTIES. 
(a) GENERAL DUTIES.—The Statistics Center shall collect, 
report, analyze, and disseminate statistical data related to edu-
cation in the United States and in other nations, including— 
(1) collecting, acquiring, compiling (where appropriate, on 
a State-by-State basis), and disseminating full and complete 
statistics (disaggregated by the population 
characteristics 
described in paragraph (3)) on the condition and progress of 
education, at the preschool, elementary, secondary, postsec-
ondary, and adult levels in the United States, including data 
on— 
(A) State and local education reform activities; 
(B) State and local early childhood school readiness 
activities; 
(C) student achievement in, at a minimum, the core 
academic areas of reading, mathematics, and science at 
all levels of education; 
(D) secondary school completions, dropouts, and adult 
literacy and reading skills; 
(E) access to, and opportunity for, postsecondary edu-
cation, including data on financial aid to postsecondary 
students; 
(F) teaching, including— 
(i) data on in-service professional development, 
including a comparison of courses taken in the core 
academic areas of reading, mathematics, and science 
with courses in noncore academic areas, including tech-
nology courses; and 
(ii) the percentage of teachers who are highly quali-
fied (as such term is defined in section 9101 of the 
Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7801)) in each State and, where feasible, in 
each local educational agency and school; 
(G) instruction, the conditions of the education work-
place, and the supply of, and demand for, teachers; 
(H) the incidence, frequency, seriousness, and nature 
of violence affecting students, school personnel, and other 
individuals participating in school activities, as well as 
other indices of school safety, including 
information 
regarding— 
PUBLIC LAW 107-279—NOV. 5, 2002 
116 STAT. 1959 
(i) the relationship between victims and perpetra-
tors; 
(ii) demographic characteristics of the victims and 
perpetrators; and 
(iii) the type of weapons used in incidents, as 
classified in the Uniform Crime Reports of the Federal 
Bureau of Investigation; 
(I) the financing and management of education, 
including data on revenues and expenditures; 
(J) the social and economic status of children, including 
their academic achievement; 
(K) the existence and use of educational technology 
and access to the Internet by students and teachers in 
elementary schools and secondary schools; 
(L) access to, and opportunity for, early childhood edu-
cation; 
(M) the availability of, and access to, before-school 
and after-school programs (including such programs during 
school recesses); 
(N) student participation in and completion of sec-
ondary and postsecondary vocational and technical edu-
cation programs by specific program area; and 
(O) the existence and use of school libraries; 
(2) conducting and publishing reports on the meaning and 
significance of the statistics described in paragraph (1); 
(3) collecting, analyzing, cross-tabulating, and reporting, 
to the extent feasible, information by gender, race, ethnicity, 
socioeconomic status, limited English proficiency, mobility, dis-
ability, urban, rural, suburban districts, and other population 
characteristics, when such disaggregated information will facili-
tate educational and policy decisionmaking; 
(4) assisting public and private educational agencies, 
organizations, and institutions in improving and automating 
statistical and data collection activities, which may include 
assisting State educational agencies and local educational agen-
cies with the disaggregation of data and with the development 
of longitudinal student data systems; 
(5) determining voluntary standards and guidelines to 
assist State educational agencies in developing statewide 
longitudinal data systems that link individual student data 
consistent with the requirements of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6301 et seq.), promote 
linkages across States, and protect student privacy consistent 
with section 183, to improve student academic achievement 
and close achievement gaps; 
(6) acquiring and disseminating data on educational activi-
ties and student achievement (such as the Third International 
Math and Science Study) in the United States compared with 
foreign nations; 
(7) conducting longitudinal and special data collections nec-
essary to report on the condition and progress of education; 
(8) assisting the Director in the preparation of a biennial 
report, as described in section 119; and 
(9) determining, in consultation with the National Research 
Council of the National Academies, methodology by which 
States may accurately measure graduation rates (defined as 
the percentage of students who graduate from secondary school 
116 STAT. 1960 
PUBLIC LAW 107-279—NOV. 5, 2002 
with a regular diploma in the standard number of years), 
school completion rates, and dropout rates. 
(b) TRAINING PROGRAM.—The Statistics Commissioner may 
establish a program to train employees of public and private edu-
cational agencies, organizations, and institutions in the use of 
standard statistical procedures and concepts, and may establish 
a fellowship program to appoint such employees as temporary fel-
lows at the Statistics Center, in order to assist the Statistics Center 
in carrying out its duties. 
20 use 9544. 
SEC. 154. PERFORMANCE OF DUTIES. 
(a) GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS.—In 
carrying out the duties under this part, the Statistics Commissioner, 
may award grants, enter into contracts and cooperative agreements, 
and provide technical assistance. 
(b) GATHERING INFORMATION.— 
(1) SAMPLING.—^The Statistics Commissioner may use the 
statistical method known as sampling (including random sam-
pling) to carry out this part. 
(2) SOURCE OF INFORMATION.—The Statistics Commissioner 
may, as appropriate, use information collected— 
(A) from States, local educational agencies, public and 
private schools, preschools, institutions of higher education, 
vocational 
and 
adult 
education 
programs, 
libraries, 
administrators, teachers, students, the general public, and 
other individuals, organizations, agencies, and institutions 
(including information collected by States and local edu-
cational agencies for their own use); and 
(B) by other offices within the Institute and by other 
Federal departments, agencies, and instrumentalities. 
(3) COLLECTION.—The Statistics Commissioner may— 
(A) enter into interagency agreements for the collection 
of statistics; 
(B) arrange with any agency, organization, or institu-
tion for the collection of statistics; and 
(C) assign employees of the Statistics Center to any 
such agency, organization, or institution to assist in such 
collection. 
(4) TECHNICAL ASSISTANCE AND COORDINATION.—In order 
to maximize the effectiveness of Department efforts to serve 
the educational needs of children and youth, the Statistics 
Commissioner shall— 
(A) provide technical assistance to the Department 
offices that gather data for statistical purposes; and 
(B) coordinate with other Department offices in the 
collection of data. 
(c) DURATION.—Notwithstanding any other provision of law, 
the grants, contracts, and cooperative agreements under this section 
may be awarded, on a competitive basis, for a period of not more 
than 5 years, and may be renewed at the discretion of the Statistics 
Commissioner for an additional period of not more than 5 years. 
20 use 9545. 
SEC. 155. REPORTS. 
(a) PROCEDURES FOR ISSUANCE OF REPORTS.—The Statistics 
Commissioner, shall establish procedures, in accordance with sec-
tion 186, to ensure that the reports issued under this section 
are relevant, of high quality, useful to customers, subject to rigorous 
PUBLIC LAW 107-279—NOV. 5, 2002 
116 STAT. 1961 
peer review, produced in a timely fashion, and free from any par-
tisan political influence. 
(b) REPORT ON CONDITION AND PROGRESS OF EDUCATION.— 
Not later than June 1, 2003, and each June 1 thereafter, the Deadline. 
Statistics Commissioner, shall submit to the President and the 
appropriate congressional committees a statistical report on the 
condition and progress of education in the United States. 
(c) STATISTICAL REPORTS.—^The Statistics Commissioner shall 
issue regular and, as necessary, special statistical reports on edu-
cation topics, particularly in the core academic areas of reading, 
mathematics, and science, consistent with the priorities and the 
mission of the Statistics Center. 
SEC. 156. DISSEMINATION. 
20USC9546. 
(a) GENERAL REQUESTS.— 
(1) IN GENERAL.—The Statistics Center may furnish tran-
scripts or copies of tables and other statistical records and 
make special statistical compilations and surveys for State 
and local ofEicials, public and private organizations, and individ-
uals. 
(2) COMPILATIONS.—The Statistics Center shall provide 
State educational agencies, local educational agencies, and 
institutions of higher education with opportunities to suggest 
the establishment of particular compilations of statistics, sur-
veys, and analyses that will assist those educational agencies. 
(b) CONGRESSIONAL REQUESTS.—The Statistics Center shall fur-
nish such special statistical compilations and surveys as the rel-
evant congressional committees may request. 
(c) JOINT STATISTICAL PROJECTS.—^The Statistics Center may 
engage in joint statistical projects related to the mission of the 
Center, or other statistical purposes authorized by law, with non-
profit organizations or agencies, and the cost of such projects shall 
be shared equitably as determined by the Secretary. 
(d) FEES.— 
(1) IN GENERAL.—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) FUNDS RECEIVED.—^All funds received in payment for 
work or services described in this subsection may be used 
to pay directly the costs of such work or services, to repay 
appropriations that initially bore all or part of such costs, 
or to refund excess sums when necessary. 
(e) ACCESS.— 
(1) OTHER AGENCIES.—The Statistics Center shall, con-
sistent with section 183, cooperate with other Federal agencies 
having a need for educational data in providing access to edu-
cational data received by the Statistics Center. 
(2) INTERESTED PARTIES.—The Statistics Center shall, in 
accordance with such terms and conditions as the Center may 
prescribe, provide all interested parties, including public and 
private agencies, parents, and other individuals, direct access, 
in the most appropriate form (including, where possible, elec-
tronically), to data collected by the Statistics Center for the 
purposes of research and acquiring statistical information. 
116 STAT. 1962 
PUBLIC LAW 107-279—NOV. 5, 2002 
20 use 9547. 
SEC. 157. COOPERATIVE EDUCATION STATISTICS SYSTEMS. 
The Statistics Center may establish 1 or more national coopera-
tive education statistics systems for the purpose of producing and 
maintaining, with the cooperation of the States, comparable and 
uniform information 
and data on early childhood education, 
elementary and secondary education, postsecondary education, 
adult education, and libraries, that are useful for polic3anaking 
at the Federal, State, and local levels. 
20 use 9548. 
SEC. 158. STATE DEFINED. 
In this part, the term "State" means each of the 50 States, 
the District of Columbia, and the Commonwealth of Puerto Rico. 
PART D—NATIONAL CENTER FOR EDUCATION 
EVALUATION AND REGIONAL ASSISTANCE 
20 use 9561. 
SEC. 171. ESTABLISHMENT. 
(a) ESTABLISHMENT.—There is established in the Institute a 
National Center for Education Evaluation and Regional Assistance. 
(b) MISSION.—The mission of the National Center for Education 
Evaluation and Regional Assistance shall be— 
(1) to provide technical assistance; 
(2) to conduct evaluations of Federal education programs 
administered by the Secretary (and as time and resources allow, 
other education programs) to determine the impact of such 
programs (especially on student academic achievement in the 
core academic areas of reading, mathematics, and science); 
(3) to support synthesis and wide dissemination of results 
of evaluation, research, and products developed; and 
(4) to encourage the use of scientifically valid education 
research and evaluation throughout the United States. 
(c) GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS.—In 
carrying out the duties under this part, the Director may award 
grants, enter into contracts and cooperative agreements, and pro-
vide technical assistance. 
20 use 9562. 
SEC. 
172. COMMISSIONER 
FOR 
EDUCATION 
EVALUATION 
AND 
REGIONAL ASSISTANCE. 
(a) IN GENERAL.—The National Center for Education Evalua-
tion and Regional Assistance shall be headed by a Commissioner 
for Education Evaluation and Regional Assistance (in this part 
referred to as the "Evaluation and Regional Assistance Commis-
sioner") who is highly qualified and has demonstrated a capacity 
to carry out the mission of the Center and shall— 
(1) conduct evaluations pursuant to section 173; 
(2) widely disseminate information on scientifically valid 
research, statistics, and evaluation on education, particularly 
to State educational agencies and local educational agencies, 
to institutions of higher education, to the public, the media, 
voluntary organizations, professional associations, and other 
constituencies, especially with respect to information relating 
to, at a minimum— 
(A) the core academic areas of reading, mathematics, 
and science; 
(B) closing the achievement gap between high-per-
forming students and low-performing students; 
PUBLIC LAW 107-279—NOV. 5, 2002 
116 STAT. 1963 
(C) educational 
practices that 
improve 
academic 
achievement and promote learning; 
(D) education technology, including software; and 
(E) those topics covered by the Educational Resources 
Information Center Clearinghouses (established under sec-
tion 941(f) of the Educational Research, Development, 
Dissemination, and Improvement Act of 1994 (20 U.S.C. 
6041(f)) (as such provision was in effect on the day before 
the date of enactment of this Act); 
(3) make such information accessible in a user-friendly, 
timely, and efficient manner (including through use of a search-
able Internet-based online database that shall include all topics 
covered in paragraph (2)(E)) to schools, institutions of higher 
education, educators (including early childhood educators), par-
ents, administrators, policymakers, researchers, public and pri-
vate entities (including providers of early childhood services), 
entities responsible for carrying out technical 
assistance 
through the Department, and the general public; 
(4) support the regional educational laboratories in con-
ducting applied research, the development and dissemination 
of educational research, products and processes, the provision 
of technical assistance, and other activities to serve the edu-
cational needs of such laboratories' regions; 
(5) manage the National Library of Education described 
in subsection (d), and other sources of digital information on 
education research; 
(6) assist the Director in the preparation of a biennial 
report, described in section 119; and 
(7) award a contract for a prekindergarten through grade 
12 mathematics and science teacher clearinghouse. 
(b) ADDITIONAL DUTIES.—In carrying out subsection (a), the 
Evaluation and Regional Assistance Commissioner shall— 
(1) ensure that information disseminated under this section 
is provided in a cost-effective, nonduplicative manner that 
includes the most current research findings, which may include 
through the continuation of individual clearinghouses author-
ized under the Educational Research, Development, Dissemina-
tion, and Improvement Act of 1994 (title IX of the Goals 2000: 
Educate America Act; 20 U.S.C. 6001 et seq.) (as such Act 
existed on the day before the date of enactment of this Act); 
(2) describe prominently the t5T)e of scientific evidence that 
is used to support the findings that are disseminated; 
(3) explain clearly the scientifically 
appropriate 
and 
inappropriate uses of— 
(A) the findings that are disseminated; and 
(B) the types of evidence used to support those findings; 
and 
(4) respond, as appropriate, to inquiries from schools, edu-
cators, parents, administrators, policymakers, researchers, 
public and private entities, and entities responsible for carrying 
out technical assistance. 
(c) CONTINUATION.—The Director shall continue awards for the 
support of the Educational Resources Information Center Clearing-
houses and contracts for regional educational laboratories (estab-
lished under subsections (f) and (h) of section 941 of the Educational 
Research, Development, Dissemination, and Improvement Act of 
1994 (20 U.S.C. 6041(f) and (h)) (as such awards were in effect 
116 STAT. 1964 
PUBLIC LAW 107-279—NOV. 5, 2002 
on the day before the date of enactment of this Act)) for the 
duration of those awards, in accordance with the terms and agree-
ments of such awards. 
(d) NATIONAL LIBRARY OF EDUCATION.— 
(1) ESTABLISHMENT.—There is established within the 
National Center for Education Evaluation and Regional Assist-
ance a National Library of Education that shall— 
(A) be headed by an individual who is highly qualified 
in library science; 
(B) collect and archive information; 
(C) provide a central location within the Federal 
Government for information about education; 
(D) provide comprehensive reference services on mat-
ters related to education to employees of the Department 
of Education and its contractors and grantees, other Fed-
eral employees, and members of the public; and 
(E) promote greater cooperation and resource sharing 
among providers and repositories of education information 
in the United States. 
(2) INFORMATION.—The information collected and archived 
by the National Library of Education shall include— 
(A) products and publications developed through, or 
supported by, the Institute; and 
(B) other 
relevant 
and useful 
education-related 
research, statistics, and evaluation materials and other 
information, projects, and publications that are— 
(i) consistent with— 
(I) scientifically valid research; or 
(II) the priorities and mission of the Institute; 
and 
(ii) developed by the Department, other Federal 
agencies, or entities (including entities supported under 
the Educational Technical Assistance Act of 2002 and 
the 
Educational 
Resources 
Information 
Center 
Clearinghouses (established under section 941(f) of the 
Educational Research, Development, Dissemination, 
and Improvement Act of 1994 (20 U.S.C. 6041(f)) (as 
such provision was in effect on the day before the 
date of enactment of this Act))). 
20 use 9563. 
SEC. 173. EVALUATIONS. 
(a) IN GENERAL.— 
(1) REQUIREMENTS.—In carrying out its missions, the 
National Center for Education Evaluation and Regional Assist-
ance may— 
(A) conduct or support evaluations consistent with the 
Center's mission as described in section 171(b); 
(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 con-
ducted or supported by others in order to determine the 
quality and relevance of the evidence of effectiveness gen-
erated by those evaluations, with the approval of the 
Director; 
PUBLIC LAW 107-279—NOV. 5, 2002 
116 STAT. 1965 
(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 rel-
evance 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 119. 
(2) 
ADDITIONAL 
REQUIREMENTS.—Each evaluation con-
ducted 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 171(b), shall administer all oper-
ations 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 the date of enactment of this Act. 
SEC. 174. REGIONAL EDUCATIONAL LABORATORIES FOR RESEARCH, 
20 USC 9564. 
DEVELOPMENT, 
DISSEMINATION, 
AND 
TECHNICAL 
ASSISTANCE. 
(a) REGIONAL EDUCATIONAL LABORATORIES.—^The Director shall Contracts. 
enter into contracts with entities to establish a networked system 
of 10 regional educational laboratories that serve the needs of 
each region of the United States in accordance with the provisions 
of this section. The amount of assistance allocated to each laboratory 
by the Evaluation and Regional Assistance Commissioner shall 
reflect the number of local educational agencies and the number 
of school-age children within the region served by such laboratory, 
as well as the cost of providing services within the geographic 
area encompassed by the region. 
(b) REGIONS.—^The regions served by the regional educational 
laboratories shall be the 10 geographic regions served by the 
regional educational laboratories established under section 941(h) 
of the Educational Research, Development, Dissemination, and 
Improvement Act of 1994 (as such provision existed on the day 
before the date of enactment of this Act). 
(c) ELIGIBLE APPLICANTS.—The Director may enter into con-
tracts under this section with research organizations, institutions, 
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 this section, 
including regional entities that carried out activities under the 
Educational Research, Development, Dissemination, and Improve-
ment 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 Education Act of 1965 (as such title existed on 
the day before the date of enactment of the No Child Left Behind 
Act of 2001 (Public Law 107-110)). 
116 STAT. 1966 
PUBLIC LAW 107-279—NOV. 5, 2002 
(d) APPLICATIONS.— 
(1) SUBMISSION.—Each applicant desiring a contract under 
this section shall submit an application at such time, in such 
manner, and containing such information as the Director may 
reasonably require. 
(2) PLAN.—Each application submitted under paragraph 
(1) shall contain a 5-year plan for carrying out the activities 
described in this section in a manner that addresses the prior-
ities established under section 207 and addresses the needs 
of all States (and to the extent practicable, of local educational 
agencies) within the region to be served by the regional edu-
cational laboratory, on an ongoing basis. 
(e) ENTERING INTO CONTRACTS.— 
(1) IN GENERAL.—In entering into contracts under this sec-
tion, the Director shall— 
(A) enter into contracts for a 5-year period; and 
(B) ensure that regional educational laboratories estab-
lished under this section have strong and effective govern-
ance, organization, management, and administration, and 
employ qualified staff. 
(2) COORDINATION.—In order to ensure coordination and 
prevent unnecessary duplication of activities among the regions, 
the Evaluation and Regional Assistance Commissioner shall— 
(A) share information about the activities of each 
regional educational laboratory awarded a contract under 
this section with each other regional educational laboratory 
awarded a contract under this section and with the Depart-
ment of Education, including the Director and the Board; 
(B) oversee a strategic plan for ensuring that each 
regional educational laboratory awarded a contract under 
this section increases collaboration and resource-sharing 
in such activities; 
(C) ensure, where appropriate, that the activities of 
each regional educational laboratory awarded a contract 
under this section also serve national interests; and 
(D) ensure that each regional educational laboratory 
awarded a contract under this section coordinates such 
laboratory's activities with the activities of each other 
regional technical assistance provider. 
(3) OUTREACH.—In conducting competitions for contracts 
under this section, the Director shall— 
(A) actively encourage eligible entities to compete for 
such awards by making information and technical assist-
ance relating to the competition widely available; and 
(B) seek input from the chief executive officers of 
States, chief State school officers, educators, and parents 
regarding the need for applied research, wide dissemina-
tion, training, technical assistance, and development activi-
ties authorized by this title in the regions to be sei^^ed 
by the regional educational laboratories and how those 
educational needs could be addressed most effectively. 
(4) OBJECTIVES AND INDICATORS.—Before entering into a 
contract under this section, the Director shall design specific 
objectives and measurable indicators to be used to assess the 
particular programs or initiatives, and ongoing progress and 
performance, of the regional educational laboratories, in order 
to ensure that the educational needs of the region are being 
PUBLIC LAW 107-279—NOV. 5, 2002 
116 STAT. 1967 
met and that the latest and best research and proven practices 
are being carried out as part of school improvement efforts. 
(5) STANDARDS.—The Evaluation and Regional Assistance 
Commissioner shall establish a system for technical and peer 
review to ensure that applied research activities, research-
based reports, and products of the regional educational labora-
tories are consistent with the research standards described 
in section 134 and the evaluation standards adhered to pursu-
ant 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, development, wide dissemination, and 
technical assistance activities by— 
(1) providing training (which may include supporting 
internships and fellowships and providing stipends) and tech-
nical assistance to State educational agencies, local educational 
agencies, school boards, schools funded by the Bureau as appro-
priate, and State boards of education regarding, at 
a 
minimum— 
(A) the administration and implementation of programs 
under the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6301 et seq.); 
(B) scientifically 
valid research in education 
on 
teaching methods, assessment tools, and high quality, chal-
lenging curriculum frameworks for use by teachers and 
administrators in, at a minimum— 
(i) the core academic subjects of mathematics, 
science, and reading; 
(ii) English language acquisition; 
(iii) education technology; and 
(iv) the replication and adaption of exemplary and 
promising practices and new educational methods, 
including professional development strategies and the 
use of educational technology to improve teaching and 
learning; and 
(C) the facilitation of communication between edu-
cational experts, school officials, and teachers, parents, and 
librarians, to enable such individuals to assist schools to 
develop a plan to meet the State education goals; 
(2) developing and widely disseminating, including through 
Internet-based means, scientifically valid research, information, 
reports, and publications that are usable for improving aca-
demic achievement, closing achievement gaps, and encouraging 
and sustaining school improvement, to— 
(A) schools, districts, institutions of higher education, 
educators (including early childhood educators and librar-
ians), parents, policymakers, and other constituencies, as 
appropriate, within the region in which the regional edu-
cational laboratory 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 edu-
cational needs, strengths, and weaknesses within the region, 
including a process of open hearings to solicit the views of 
schools, teachers, administrators, parents, local educational 
116 STAT. 1968 
PUBLIC LAW 107-279—NOV. 5, 2002 
agencies, librarians, and State educational agencies within the 
region; 
(4) in the event such quality applied research does not 
exist as determined by the regional educational laboratory or 
the Department, carrying out applied research projects that 
are designed to serve the particular educational needs (in pre-
kindergarten through grade 16) of the region in which the 
regional educational laboratory is located, that reflect findings 
fi*om scientifically valid research, and that result in user-
fi'iendly, replicable school-based classroom applications geared 
toward promoting increased student achievement, including 
using applied research to assist in solving site-specific problems 
and assisting in development activities (including high-quality 
and on-going professional development and effective parental 
involvement strategies); 
(5) supporting and serving the educational development 
activities and needs of the region by providing educational 
applied research in usable forms to promote school-improve-
ment, academic achievement, and the closing of achievement 
gaps and contributing to the current base of education knowl-
edge by addressing enduring problems in elementary and sec-
ondary education and access to postsecondary education; 
(6) collaborating and coordinating services with other tech-
nical assistance providers funded by the Department of Edu-
cation; 
(7) assisting in gathering information on school finance 
systems to promote improved access to educational opportuni-
ties and to better serve all public school students; 
(8) assisting in gathering information on alternative 
administrative structures that are more conducive to planning, 
implementing, and sustaining school reform and improved aca-
demic achievement; 
(9) bringing teams of experts together to develop and imple-
ment school improvement plans and strategies, especially in 
low-performing or high poverty schools; and 
(10) developing innovative approaches to the application 
of technology in education that are unlikely to originate from 
within the private sector, but which could result in the develop-
ment of new forms of education software, education content, 
and technology-enabled pedagogy. 
(g) ACTIVITIES.—Each regional educational laboratory awarded 
a contract under this section shall carry out the following activities: 
(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 labora-
tory; 
(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 addi-
tional research needs identified in the field. 
(2) Consult with the State educational agencies and local 
educational agencies in the region in developing the plan for 
serving the region. 
PUBLIC LAW 107-279—NOV. 5, 2002 
116 STAT. 1969 
(3) Develop strategies to utilize schools as critical compo-
nents in reforming education and revitalizing rural commu-
nities in the United States. 
(4) Report and disseminate information on overcoming 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 carrying 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 available to the Secretary and the network 
of regional educational laboratories so that such programs may 
be considered for inclusion in the national education dissemina-
tion system. 
(h) GOVERNING BOARD AND ALLOCATION.— 
(1) IN GENERAL.—In carrying out its responsibilities, each 
regional educational laboratory awarded a contract under this 
section, in keeping with the terms and conditions of such labora-
tory'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 officer or such 
officer's designee of each State represented in such 
board's region; 
(iii) includes— 
(I) representatives nominated by chief execu-
tive officers of States and State organizations of 
superintendents, principals, institutions of higher 
education, 
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 enact-
ment of this Act; 
(iv) is the sole entity that— 
(I) guides and directs the laboratory in car-
rying out the provisions of this subsection and 
satisfying the terms and conditions of the contract 
award; 
(II) determines the regional agenda of the lab-
oratory; 
(III) engages in an ongoing dialogue with the 
Evaluation and Regional Assistance Commissioner 
concerning the laboratory's goals, activities, and 
priorities; and 
(IV) determines at the start of the contract 
period, subject to the requirements of this section 
and in consultation with the Evaluation and 
Regional Assistance Commissioner, the mission of 
the regional educational laboratory for the dura-
tion of the contract period; 
116 STAT. 1970 
PUBLIC LAW 107-279—NOV. 5, 2002 
(v) ensures that the regional educational labora-
tory 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, organization, management, and adminis-
tration, and employs qualified staff; 
(vii) directs the regional educational laboratory to 
carry out the laboratory's duties in a manner that 
will make progress toward achieving the State edu-
cation goals and reforming schools and educational 
systems; and 
(viii) conducts a continuing survey of the edu-
cational needs, strengths, and weaknesses within the 
region, including a process of open hearings to solicit 
the views of schools and teachers; and 
(B) allocate the regional educational 
laboratory's 
resources 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 Bureau-funded schools, as appropriate, which 
may require special assistance from the laboratory. 
(2) SPECIAL RULE.—If a regional educational laboratory 
needs flexibility in order to meet the requirements of paragraph 
(l)(A)(i), the regional educational laboratory may select not 
more than 10 percent of the governing board from individuals 
outside those representatives nominated in accordance with 
paragraph (l)(A)(iii). 
(i) DUTIES OF GOVERNING BOARD.—In order to improve the 
efficiency and effectiveness of the regional educational laboratories, 
the governing boards of the regional educational laboratories shall 
establish and maintain a network to— 
(1) share information about the activities each laboratory 
is carrying out; 
(2) plan joint activities that would meet the needs of mul-
tiple regions; 
(3) create a strategic plan for the development of activities 
undertaken by the laboratories to reduce redundancy and 
increase collaboration and resource-sharing in such activities; 
and 
(4) otherwise devise means by which the work of the indi-
vidual laboratories could serve national, as well as regional, 
needs. 
(j) EVALUATIONS.—^The Evaluation and Regional Assistance 
Commissioner shall provide for independent evaluations 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 section in accordance with the stand-
ards developed by the Evaluation and Regional Assistance Commis-
sioner and approved 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 gov-
erning board. 
PUBLIC LAW 107-279—NOV. 5, 2002 
116 STAT. 1971 
(k) RULE OF CONSTRUCTION.—NO regional educational labora-
tory 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 Education as authorized by 
law or be prohibited from engaging in activities involving inter-
national projects or endeavors. 
(1) ADVANCE PAYMENT SYSTEM.—Each regional educational lab-
oratory awarded a contract under this section shall participate 
in the advance payment system at the Department 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 educational laboratory for the pur-
pose of carrying out additional projects to enable such regional 
educational laboratory 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 Deadline, 
year, each regional educational laboratory awarded a contract under 
this section shall submit to the Evaluation 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 meeting 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 labora-
tory may consider 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 educational 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. 
20USC957L 
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. 
20 USC 9572. 
(a) NATIONAL DATABASE.—Nothing in this title may be con-
strued to authorize the establishment of a nationwide database 
of individually identifiable information on individuals 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 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 title. 
(c) ENDORSEMENT OF CURRICULUM.—Notwithstanding any other 
provision of Federal law, no funds provided under this title to 
the Institute, including any office, board, committee, or center of 
116 STAT. 1972 
PUBLIC LAW 107-279—NOV. 5, 2002 
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 pro-
vided under this title to the Secretary or to the recipient of 
any award may be used to develop, pilot test, field test, imple-
ment, 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) shall not apply to inter-
national 
comparative 
assessments 
developed 
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 enactment of this Act) and administered to only 
a representative sample of pupils in the United States and 
in foreign nations. 
20 use 9573. 
SEC. 183. CONFEDENTIALITY. 
(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 subsection (c) of this section, and sec-
tions 444 and 445 of the General Education Provisions Act (20 
U.S.C. 1232g, 1232h). 
(b) STUDENT INFORMATION.—The Director shall ensure that 
all individually identifiable information about students, their aca-
demic 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 subsection (c) of this section, and sections 444 and 
445 of the General Education Provisions Act (20 U.S.C. 1232g, 
1232h). 
20 use 9574. 
SEC. 184. AVAILABILITY OF DATA. 
Subject to section 183, 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 avail-
able to the public, including through use of the Internet. 
20 use 9575. 
SEC. 185. PERFORMANCE MANAGEMENT. 
The Director shall ensure that all activities conducted or sup-
ported by the Institute or a National Education Center make cus-
tomer 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 modem 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. 
PUBLIC LAW 107-279—NOV. 5, 2002 
116 STAT. 1973 
(4) Establishing and measuring performance against a set 
of indicators for the quahty of data collected, analyzed, and 
reported. 
(5) Continuously improving management strategies and 
practices. 
(6) Making information available to the public in an expedi-
tious fashion. 
SEC. 186. AUTHORITY TO PUBLISH. 
20 USC 9576. 
(a) PUBLICATION.—The Director may prepare and publish 
(including through oral presentation) such research, statistics (con-
sistent with part C), 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, emd 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 (a), (b), or 
(c) shall be construed to apply to— 
(1) information on current or proposed budgets, appropria-
tions, 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 
(3) review by officers of the United States in order to 
prevent the unauthorized disclosure of information described 
in paragraph (1) or (2). 
SEC. 187. VACANCIES. 
20 USC 9577. 
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 appoint-
ment was made. This section does not apply to employees appointed 
under section 188. 
SEC. 188. SCIENTIFIC OR TECHNICAL EMPLOYEES. 
20 USC 9578. 
(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 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-
116 STAT. 1974 
PUBLIC LAW 107-279—NOV. 5, 2002 
15, as determined in accordance with section 5376 of title 
5, United States Code, 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, com-
mittee, 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 Vs 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 sub-
section (a) 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. 
20 use 9579. 
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 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. 
20 use 9580. 
SEC. 190. VOLUNTARY SERVICE. 
The Director may accept voluntary and uncompensated services 
to carry out and support activities that are consistent with the 
priorities and mission of the Institute. 
20 use 9581. 
SEC. 191. RULEMAKING. 
Notwithstanding section 437(d) of the General Education Provi-
sions 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. 
20 use 9582. 
SEC. 192. COPYRIGHT. 
Nothing in this Act shall be construed to affect the rights, 
remedies, limitations, or defense under title 17, United States Code. 
20 use 9583. 
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. 
PUBLIC LAW 107-279—NOV. 5, 2002 
116 STAT. 1975 
SEC. 194. AUTHORIZATION OF APPROPRIATIONS. 
20 USC 9584. 
(a) IN GENERAL.—^There are authorized to be appropriated to 
administer and carry out this title (except section 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 National 
Center for Education Statistics (as such Center was in existence 
on the day before the date of enactment of this Act) for fiscal 
year 2002 shall be provided to the National Center for Edu-
cation Statistics, as authorized under part C; 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 
116 (relating to the National Board for Education Sciences). 
(b) REGIONAL EDUCATIONAL LABORATORIES.—There are author-
ized 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 Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801). 
(2) SECRETARY.—The term "Secretary" means the Secretary 
of Education. 
SEC. 203. COMPREHENSIVE CENTERS. 
20 USC 9602. 
(a) AUTHORIZATION.— 
Grants. 
(1) IN GENERAL.—Subject to paragraph (2), beginning in 
fiscal year 2004, the Secretary is authorized to award not 
less than 20 grants to local entities, or consortia of such entities, 
with demonstrated expertise in providing technical assistance 
and professional development in reading, mathematics, science, 
and technology, especially to low-performing schools and dis-
tricts, to establish comprehensive centers. 
(2) REGIONS.—In awarding grants under paragraph (1), 
the Secretary— 
(A) shall ensure that not less than 1 comprehensive 
center is established in each of the 10 geographic regions 
served by the regional educational laboratories established 
under section 941(h) of the Educational Research, Develop-
ment, Dissemination, and Improvement Act of 1994 (as 
Educational 
Technical 
Assistance Act of 
2002. 
20 USC 9501 
note. 
20 USC 9601. 
116 STAT. 1976 
PUBLIC LAW 107-279—NOV. 5, 2002 
such provision existed on the day before the date of enact-
ment of this Act); and 
(B) after meeting the requirements of subparagraph 
(A), shall consider, in awarding the remainder of the grants, 
the school-age population, proportion of economically dis-
advantaged students, the increased cost burdens of service 
delivery in areas of sparse population, and the number 
of schools identified for school improvement (as described 
in section 1116(b) of the Elementary and Secondary Edu-
cation 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, institutions, 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 Education Act of 1965 (as such title existed on 
the day before the date of enactment of the No Child Left 
Behind Act of 2001 (Public Law 107-110)). 
(2) OUTREACH.—In conducting competitions for grants 
under this section, the Secretary shall actively encourage poten-
tial 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 indicators, 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 ensure 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 improvement efforts. 
(c) APPLICATION.— 
(1) SUBMISSION.—Each local entity, or consortium of such 
entities, seeking a grant under this section shall submit an 
application at such time, in such manner, and containing such 
additional information as the Secretary may reasonably require. 
(2) PLAN.—^Each application submitted under paragraph 
(1) shall contain a 5-year plan for carrying out the activities 
described in this section in a manner that addresses the prior-
ities established under section 207 and addresses the needs 
of all States (and to the extent practicable, of local educational 
agencies) within the region to be served by the comprehensive 
center, on an ongoing basis. 
(d) ALLOCATION.—Each comprehensive center established under 
this section shall allocate such center's resources 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. 
PUBLIC LAW 107-279—NOV. 5, 2002 
116 STAT. 1977 
or Bureau-funded schools, as appropriate, which may require special 
assistance from the center. 
(e) SCOPE OF WORK.—Each comprehensive center established 
under this section shall work with State educational agencies, local 
educational agencies, regional educational agencies, and schools 
in the region where such center is located on school improvement 
activities that take into account factors such as the proportion 
of economically 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 determined 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 children 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 agencies 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 established 
under this section shall support dissemination and technical 
assistance activities by— 
(A) providing training, professional development, and 
technical assistance regarding, at a minimum— 
(i) the administration and implementation of pro-
grams under the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6301 et seq.); 
(ii) the use of scientifically valid teaching methods 
and assessment tools for use by teachers and adminis-
trators 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 edu-
cation experts, school officials, teachers, parents, and 
librarians, as appropriate; and 
(B) disseminating and providing information, reports, 
and publications that are usable for improving academic 
achievement, closing achievement gaps, and encouraging 
and sustaining school improvement (as described in section 
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 inservice and 
preservice training models that illustrate best practices 
in the use of technology in different content areas. 
(2) COORDINATION AND COLLABORATION.—Each comprehen-
sive center established under this section shall coordinate its 
activities, collaborate, and regularly exchange information with 
116 STAT. 1978 
PUBLIC LAW 107-279—NOV. 5, 2002 
the regional educational laboratory in the region in which the 
center is located, the National Center for Education Evaluation 
and Regional Assistance, the Office of the Secretary, the State 
service agency, and other technical assistance providers in the 
region. 
(g) COMPREHENSIVE CENTER ADVISORY BOARD.— 
(1) ESTABLISHMENT.—Each comprehensive center estab-
lished under this section shall have an advisory board that 
shall support the priorities of such center. 
(2) DUTIES.—Each advisory board established under para-
graph (1) shall advise the comprehensive center— 
(A) concerning the activities described in subsection 
(d); 
(B) on strategies for monitoring and addressing 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 activities; and 
(D) on carrying out the center's duties in a manner 
that promotes progress toward improving student academic 
- 
achievement. 
(3) COMPOSITION.— 
(A) IN GENERAL.—Each advisory board shall be com-
posed o
f
— 
(i) the chief State school officers, or such officers' 
designees or other State officials, in each State served 
by the comprehensive 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 rep-
resentative of the educational interests in the region 
served by the comprehensive center and are selected 
jointly by the officials specified in clause (i) and the 
chief executive officer of each State served by the com-
prehensive center, including the following: 
(I) Representatives of local educational agen-
cies and regional educational agencies, including 
representatives of local 
educational 
agencies 
serving urban and rural areas. 
(II) Representatives of institutions of higher 
education. 
(III) Parents. 
(IV) Practicing educators, including classroom 
teachers, principals, and administrators. 
(V) Representatives of business. 
(VI) Policymakers, expert practitioners, 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 primary responsibility 
under State law for elementary 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 estab-
lished under this section shall submit to the Secretary an annual 
PUBLIC LAW 107-279—NOV. 5, 2002 
116 STAT. 1979 
report, at such time, in such manner, and containing such informa-
tion as the Secretary may require, which shall include the following: 
(1) A summary of the comprehensive center's activities 
during the preceding year. 
(2) A listing of the States, local educational agencies, and 
schools the comprehensive center assisted during the preceding 
year. 
SEC. 204. EVALUATIONS. 
20 USC 9603. 
The Secretary shall provide for ongoing independent evalua-
tions by the National Center for Education Evaluation and Regional 
Assistance of the comprehensive centers receiving assistance under 
this title, the results of which shall be transmitted to the appro-
priate congressional committees 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 respective 
plan, and whether such services meet the educational needs of 
State educational agencies, local educational agencies, and schools 
in the region. 
SEC. 205. EXISTING TECHNICAL ASSISTANCE PROVIDERS. 
20 USC 9604. 
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, Develop-
ment, Dissemination, and Improvement Act of 1994 (as such part 
existed on the day before the date of enactment of this Act), 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 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, Development, 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. 
20 USC 9605. 
(a) ESTABLISHMENT.—Beginning in 2004, the Secretary shall 
establish a regional advisory committee for each region described 
in section 174(b) of the Education Sciences Reform Act of 2002. 
(b) MEMBERSHIP.— 
(1) 
COMPOSITION.—The membership of each 
regional 
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 representative of each 
State educational agency geographically located in the 
region. 
(2) ELIGIBILITY.—The membership of each regional advisory 
committee may include the following: 
(A) Representatives of local educational agencies, 
including rural and urban local educational agencies. 
116 STAT. 1980 
PUBLIC LAW 107-279—NOV. 5, 2002 
(B) Representatives of institutions of higher education, 
including individuals representing university-based edu-
cation research and university-based research on subjects 
other than education. 
(C) Parents. 
(D) Practicing educators, including classroom teachers, 
principals, administrators, school board members, and 
other local school officials. 
(E) Representatives of business. 
(F) Researchers. 
(3) RECOMMENDATIONS.—In choosing individuals for mem-
bership on a regional advisory committee, the Secretary shall 
consult with, and solicit recommendations from, the chief execu-
tive officers of States, chief State school officers, and education 
stakeholders 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 paragraph (2), collectively, shall exceed 
the total number of members who are selected under para-
graph (1)(C) and subparagraphs (B), (E), and (F) of para-
graph (2), collectively. 
(B) DISSOLUTION.—Each regional advisory committee 
shall be dissolved by the Secretary after submission of 
such committee's report described 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: 
(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. 
Deadline. 
(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 advisory committee 
shall— 
(1) assess the educational needs within the region to be 
served; 
(2) in conducting the assessment under paragraph (1), seek 
input from chief executive officers of States, chief State school 
officers, educators, and parents (including through a process 
of open hearings to solicit the views and needs of schools 
(including public charter schools), teachers, administrators, 
members of the regional educational laboratory governing 
board, 
parents, 
local 
educational 
agencies, 
librarians, 
businesses. State educational agencies, and other customers 
(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 
(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 Sec-
retary may require. 
PUBLIC LAW 107-279—NOV. 5, 2002 
116 STAT. 1981 
SEC. 207. PRIORITIES. 
20 USC 9606. 
The Secretary shall establish priorities for the regional edu-
cational laboratories (established under section 174 of the Education 
Sciences Reform Act of 2002) and comprehensive centers (estab-
lished under section 203 of this title) to address, taking onto account 
the regional assessments conducted under section 206 and other 
relevant regional surveys of educational needs, to the extent the 
Secretary deems appropriate. 
SEC. 208. GRANT PROGRAM FOR STATEWIDE, LONGITUDINAL DATA 20 USC 9607. 
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 sec-
tion, the Secretary shall use a peer review process that— 
(1) ensures technical quality (including validity and reli-
ability), 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 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 153(a)(5). 
(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 the date of enactment Deadline, 
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 regarding the 
development and use of statewide, longitudinal data systems; 
(2) evaluating the ability of such systems to manage indi-
vidual student data consistent with the Elementary and Sec-
ondary 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 improvement. 
116 STAT. 1982 
PUBLIC LAW 107-279—NOV. 5, 2002 
20 use 9608. 
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. 
TITLE III—NATIONAL ASSESSMENT OF 
EDUCATIONAL PROGRESS 
National 
Assessment of 
Educational 
Progress 
Authorization 
^^^ 
^^^ ^^^^^^ 
^^^^^ 
20 use 9501 
'pj^jg I^IIQ jj^ay be referred to as the "National Assessment 
of Educational Progress Authorization Act". 
20 use 9623. 
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 Commonwealth of Puerto Rico. 
20 use 9624. 
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 Assess-
ment Governing Board); and 
(B) $107,500,000 to carry out section 303, as amended 
by section 401 of this Act (relating to the National Assess-
ment of Educational Progress); and 
(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 "Commissioner" each 
place any such term appears and inserting "Director"; 
(2) in subsection (a)(2)(A), by striking "statistical 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 department, bureau, 
agency, officer, or employee and no recipient of a Federal 
grant, contract, or cooperative agreement may, for any 
reason, require the Director, any Commissioner of a 
National Education Center, or any other employee of the 
Institute to disclose individually identifiable information 
that has been collected or retained under this title. 
"(B) IMMUNITY.—Individually identifiable information 
collected or retained under this title shall be immune from 
PUBLIC LAW 107-279—NOV. 5, 2002 
116 STAT. 1983 
legal process and shall not, without the consent of the 
individual concerned, be admitted as evidence or used for 
any purpose in any action, suit, or other judicial or adminis-
trative proceeding. 
"(C) APPLICATION.—This paragraph does not apply to 
requests for individually identifiable information submitted 
by or on behalf of the individual identified in the informa-
tion."; 
(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 "Direc-
tor's"; and 
(6) by striking the section heading and transferring all 20USC9007, 
the subsections (including subsections (a) through (c)) and 9573. 
redesignating such subsections as 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, respectively. 
Ante, p. 1982. 
(c) NATIONAL ASSESSMENT GOVERNING BOARD.—Section 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 Education Statistics"; 
(4) in subsection (b)(2)— 
(A) by striking 
"ASSISTANT 
SECRETARY FOR EDU-
CATIONAL 
RESEARCH" in the heading and inserting 
"DIRECTOR OF THE INSTITUTE OF EDUCATION SCIENCES"; and 
(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 established under section 407"; 
(iv) in subparagraphs (F) and (I), by striking "sec-
tion 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 following: 
"(J) plan and execute the initial public release of 
National Assessment of Educational Progress reports. 
116 STAT. 1984 
PUBLIC LAW 107-279—NOV. 5, 2002 
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 
20 use 9011, 
(6) by transferring and redesignating the section as section 
9621. 
302 (following section 301) of title III of this Act. 
(d) NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.—Sec-
tion 411 of the National Education Statistics Act of 1994 (20 U.S.C. 
9010) is amended— 
(1) by striking "Commissioner" each place such term 
appears and inserting "Commissioner for Education 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 
(B) by striking "and with the technical assistance of 
the Advisory Council established under section 407,"; 
(4) in subsection (b)— 
(A) in paragraph (1), by inserting "of after "academic 
achievement £md reporting"; 
(B) in paragraph (3)(A)— 
(i) in clause (i), by striking "paragraphs (1)(B) and 
(1)(E)" and inserting "paragraphs (2)(B) and (2)(E)"; 
(ii) in clause (ii), by striking "paragraph (1)(C)" 
and inserting "paragraph (2)(C)"; and 
(iii) in clause (iii), by striking "paragraph (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 "subparagraph (B)" 
and inserting "subparagraph (C)"; 
(6) in subsection (e)(4), by striking "subparagraph (2)(C)" 
and inserting "paragraph (2)(C) of such subsection"; 
(7) in subsection (f)(l)(B)(iv), by striking "section 412(e)(4)" 
and inserting "section 302(e)(4)"; and 
20 use 9010, 
(8) by transferring and redesignating the section as section 
9622. 
303 (following section 302) oftitle III of this Act. 
(e) TABLE OF CONTENTS AMENDMENT.—The items relating 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 ORGANIZA-
TION ACT. 
The Department of Education Organization Act (20 U.S.C. 3401 
et seq.) is amended— 
20 use 3412. 
(1) by striking section 202(b)(4) and inserting the following: 
PUBLIC LAW 107-279—NOV. 5, 2002 
116 STAT. 1985 
"(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 following: 
"INSTITUTE OF EDUCATION SCIENCES 
"SEC. 208. There shall be in the Department of Education 
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 Education 
Organization Act (20 U.S.C. 3461(b)(2)). 
SEC. 404. CONFORMING AND TECHNICAL AMENDMENTS. 
20 
use 
3419. 
20 
use 
9001 
note, 
9001-9009, 
9012. 
20 
use 122 
le 
notes, 
6011, 
6021, 
6031, 
6041, 
6051, 
6053-
6053e, 
6054-
6054b, 
6055-
6055h, 
6056, 
6056a. 
(a) GOALS 2000: EDUCATE AMERICA ACT.—The table of contents 
in section 1(b) of the Goals 2000: Educate America 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). 
(b) TITLE 5, UNITED STATES CODE.—Section 5315 of title 5, 
United States Code, is amended by striking the following: 
"Commissioner, National Center for Education Statistics.". 
(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 Education 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 20USe63ll 
411(b)(2) of the National Education Statistics Act of 1994" 
and inserting "section 303(b)(2) of the National Assessment 
of Educational Progress Authorization Act". 
(2) Section 1112(b)(1)(F) is amended by striking "section 
411(b)(2) of the National Education Statistics Act of 1994" 
and inserting "section 303(b)(2) of the National Assessment 
of Educational Progress Authorization Act". 
(3) Section 1117(a)(3) is amended— 
(A) by inserting "(as such section existed on the day 
before the date of enactment of the Education Sciences 
Reform Act of 2002)" after "Act of 1994"; and 
(B) by inserting "regional educational laboratories 
established under part E of the Education Sciences Reform 
20 u s e 6312. 
20 u s e 6317. 
116 STAT. 1986 
PUBLIC LAW 107-279—NOV. 5, 2002 
Act of 2002 and comprehensive centers established under 
the Educational Technical Assistance Act of 2002 and" 
after "assistance from". 
20 use 6491. 
(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 Improvement" 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)(l)). 
(D) Paragraphs (1) and (2) of section 5615(d) (20 U.S.C. 
7283d(d)). 
(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 "Assistant Secretary 
of the OfHce of Educational Research and Improvement" 
and inserting "Director of the Institute of Education 
Sciences"; and 
(B) in subsection (b)(2)(B), by striking "research 
institutes of the Office of Educational Research and 
Improvement" and inserting "National Education Centers 
of the Institute of Education Sciences". 
(8) 
Sections 
5615(d)(1) 
and 7131(c)(1) 
(20 U.S.C. 
7283d(d)(l), 7451(c)(1)) are each amended by striking "by the 
Office" and inserting "by the Institute". 
20 use 7909. 
(9) Section 9529(b) is amended by striking "section 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". 
(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". 
20 u s e 9501 
SEC. 405. ORDERLY TRANSITION. 
The Secretary of Education shall take such steps as are nec-
essary to provide for the orderly transition to, and implementation 
of, the offices, boards, committees, and centers (and their various 
functions and responsibilities) established or authorized by this 
Act, and by the amendments made by this Act, from those estab-
lished 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. 
9001etseq.). 
SEC. 406. IMPACT AID. 
(a) PAYMENTS FOR FEDERALLY CONNECTED CHILDREN.—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: 
PUBLIC LAW 107-279—NOV. 5, 2002 
116 STAT. 1987 
"(bb) for a local educational agency that has 
a total student enrollment of less than 350 stu-
dents, has a per-pupil expenditure that is less 
than the average per-pupil expenditure of a com-
parable local education agency or three comparable 
local educational agencies in the State in which 
the local educational agency is located; and". 
(b) EFFECTIVE DATE.—The amendment made by section 406(a) 
shall be effective on September 30, 2001, and shall apply with 
respect to fiscal year 2001, and all subsequent fiscal years. 
(c) BONESTEEL-FAIRFAX SCHOOL DISTRICT.—The Secretary of 
Education shall deem the local educational agency serving the 
Bonesteel-Fairfax school district, 26-5, in Bonesteel, South Dakota, 
as eligible in fiscal year 2003 for a basic support payment for 
heavily impacted local educational agencies under section 8003(b)(2) 
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7703(b)(2)). 
(d) CENTRAL SCHOOL DISTRICT.—Notwithstanding any other 
provision of law, the Secretary of Education shall treat as timely 
filed an application filed by Central School District, Sequoyah 
County, Oklahoma, for payment for federally connected students 
for fiscal year 2003, pursuant to section 8003 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7703), and shall 
process such application for payment, if the Secretary has received 
such application not later than 30 days after the date of enactment 
of this Act. 
Applicability. 
20 u s e 7703 
note. 
Deadline. 
Approved November 5, 2002. 
L E G I S L A T I V E H I S T O R Y — H . R . 3801: 
HOUSE REPORTS: No. 107-404 (Comm. on Education and the Workforce). 
C O N G R E S S I O N A L R E C O R D , Vol. 148 (2002): 
Apr. 30, considered and passed House. 
Oct. 15, considered and passed Senate, amended. 
Oct. 16, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002): 
Nov. 5, Presidential statement.