[Senate Report 107-337]
[From the U.S. Government Publishing Office]
Calendar No. 750
107th Congress Report
SENATE
2d Session 107-337
======================================================================
EDUCATION SCIENCES REFORM ACT OF 2002
_______
November 12, 2002.--Ordered to be printed
_______
Mr. Kennedy, from the Committee on Health, Education, Labor, and
Pensions, submitted the following
R E P O R T
[To accompany S. 2969]
The Committee on Health, Education, Labor, and Pensions, to
which was referred the bill (S. 2969) to provide for
improvement of Federal education research, statistics,
evaluation, information, and dissemination, and for other
purposes, reports favorably thereon with an amendment in the
nature of a substitute and recommends that the bill (as
amended) do pass.
CONTENTS
Page
I. Introduction.....................................................1
II. Purpose and summary..............................................1
III Background and need for legislation..............................2
IV. Legislative history and committee action.........................2
V. Explanation of bill and committee views..........................4
VI. Cost estimate...................................................14
VII. Regulatory impact statement.....................................18
VIII.Application of law to the legislative branch....................18
IX. Section-by-section analysis.....................................18
X. Changes in existing law.........................................39
I. Introduction
S. 2969 was introduced by Senator Kennedy and Senator Gregg
on September 19, 2002.
II. Purpose and Summary
As reported by the Committee on Health, Education, Labor,
and Pensions, S. 2969 continues an office within the Department
of Education to conduct high quality research using a variety
of scientifically valid methods, to evaluate Federal Education
Programs as well as research conducted outside the Department,
develop products, and to disseminate information that will
improve the quality of education for all students. S. 2969
provides a new structure to that office, to be known as the
U.S. Institute for Education Sciences. The committee believes
that the goal of providing every individual with a high quality
education requires the continued pursuit of knowledge about
education through research, development, data collection,
synthesis, technical assistance and information dissemination.
III. Background and Need for Legislation
With the passage of the No Child Left Behind Act (NCLBA),
P.L. 107-110 in 2001, States and school districts are more
anxious than ever to get the best information on how to improve
student achievement and underperforming schools. If schools are
to be held accountable for the performance of their students,
the Federal Government should stand accountable for offering
our States, our schools and our citizens the research that
meets the highest standards of scholarship and scientifically
valid methodology.
In 2000, the Panel on Improving Education Research, a
bipartisan group concerned about the quality of education
research and the public perception of OERI, made
recommendations as follows:
Create a National Center for Education Research
within OERI;
Establish a Commissioner of Education Research;
Re-define the Assistant Secretary's Role;
Emphasize the Priority-Setting Responsibilities of
the National Educational Research Policy and Priorities
Board;
Improve the Office of Dissemination to Expand Access
to Research Information;
Allow a Balance of Institutes, Centers, and Field-
Initiated Studies;
Create a New Capacity to Recruit and Retain Expert
Staff Through an Expanded Excepted Appointing
Authority; and
Provide a Responsible Level of Appropriations.
The committee took these recommendations seriously and
invited researchers, policymakers and practitioners to offer
suggestions on how to elevate the status of Federal education
research and provide meaningful assistance to States and
schools across the country.
The new legislation was built on the most successful
aspects of the current organization and those of other Federal
research agencies with the primary goal of providing educators
and policymakers with reliable research, statistics and
technical assistance in order to improve the quality of
education in America's schools.
IV. Legislative History and Committee Action
Legislation specifically authorizing educational research
and development began with the creation of the National
Institute of Education (NIE) in 1972. Since that time Congress
has acted on education research in eight key pieces of
legislation:
The 1972 establishment of NIE;
The 1974 establishment of the National Center for
Education Statistics (NCES);
The 1978 authorization of the National Assessment of
Educational Progress (NAEP);
The 1979 establishment of the Department of
Education;
The 1985 termination of NIE and establishment of
OERI;
The 1988 reauthorization of NCES and NAEP;
The 1994 reauthorization of OERI, NCES and NAEP; and
The 2002 reauthorization of NAEP, requiring state
participation, in NCLBA.
Federal education research and statistics activities are
currently administered by the Office of Educational Research
and Improvement (OERI) of the U.S. Department of Education.
OERI conducts a variety of programs that include educational
research, development, dissemination, statistics, assessment,
and regional education assistance. OERI is charged with
extending knowledge about education through its research
activities and to provide leadership in the conduct and support
of scientific inquiry into the educational process.
The purpose of NCES is to ensure the collection and
reporting of information on the condition and progress of
education in the United States (and other nations) in order to
promote and accelerate the improvement of American education.
The purpose of NAEP is to provide a fair and accurate
portrayal of educational achievement in reading, writing, and
other subjects.
Since 1994, OERI has maintained five national education
research institutes (which in turn have supported research and
development centers), various national dissemination
activities, ten regional education laboratories, the ERIC
system of 16 clearinghouses, and NCES.
The five OERI Institutes are: Student Achievement,
Curriculum, and Assessment; Education of At-Risk Students;
Governance, Finance, Policymaking, and Management; Early
Childhood Development and Education; and Postsecondary
Education, Libraries, and Lifelong Learning.
The Institutes have in turn supported university-based
research and development centers and field-initiated studies.
The OERI dissemination activities have included:
Educational Laboratories for ten geographic regions
to meet regional needs;
The National Library of Education;
ERIC and its system of sixteen clearinghouses;
A school facilities information clearinghouse;
Dissemination of promising and exemplary practices;
and
Electronic dissemination of information.
The NCES is required to issue three comprehensive annual
reports--the Digest of Educational Statistics; the Condition of
Education; and Projections of Education Statistics--and other
regular and special reports on selected topics. Six statistical
program areas were specified in 1994 as follows:
Institutional census surveys at the preschool,
elementary, secondary, and postsecondary levels,
providing basic information on students, teachers,
schools, and libraries, as well as financial
information;
Special purpose cross-sectional surveys providing
nationally representative data on education service
providers and consumers, with collection cycles varying
from annually to once a decade;
Longitudinal surveys, collecting in-depth information
on the same students as they progress over time in
obtaining their education;
International studies, providing comparisons of
educational systems and their possible relationship to
economic growth and competition;
Statistical research, development, and report
compilations, to enhance the quality and usefulness of
education data collection; and
Training, technical assistance, and dissemination, to
assist education agencies, organizations, and
institutions.
The NAEP must collect data from samples that are
representative of the national, State and regional levels.
Assessments must take place periodically, but at least every 2
years, of students ages 9, 13, and 17, and for grades 4, 8, and
12 in public and private schools. The nonfederal share of state
assessments must be paid from nonfederal sources. In addition,
the 25 member National Assessment Governing Board must
formulate policy guidelines for the NAEP.
Senators Kennedy and Gregg introduced S. 2969 on September
19, 2002, and a Substitute was unanimously accepted and passed
through the HELP Committee on September 25, 2002.
V. Explanation of Bill and Committee Views
S. 2969 changes the organization of OERI and establishes
the United States Institute for Education Sciences. The
Institute is headed by a Director, who will be presidentially-
appointed and confirmed by the Senate and shall have the same
standing as the current Assistant Secretary.
The mission of the Institute is to provide national
leadership in expanding fundamental knowledge and understanding
of education from early childhood through postsecondary study
in order to provide parents, educators, students, researchers,
policymakers, and the general public with reliable information
about the condition and progress of education in the United
States; educational practices that support learning, and
improve academic achievement and educational equity for all
students; and the effectiveness of Federal and other education
programs.
The Institute shall include the Office of the Director and
four Centers: the National Center for Education Research, the
National Center for Education Statistics, the National Center
for Education Evaluation, and the National Center for Knowledge
Utilization in Education.
The Institute shall conduct and support scientifically
valid basic and applied research, statistics activities,
evaluation and development and shall widely disseminate the
findings and results. In addition the Institute will work to
promote the use and application of research to improve
classroom practice.
The Institute shall have a 15 member board of directors,
known as the National Board for Education Sciences. The 15
members shall be appointed by the President, with the advice
and consent of the Senate, with not fewer than eight members
representing researchers, and the other members representing
teachers, local and State education officers and experts,
parents, business and policy-makers. The Board shall work with
the Director to establish priorities, to improve the
effectiveness of the agency and to expand the dissemination of
quality research.
The committee feels strongly that it is imperative to raise
the quality of research conducted at the Institute, and the
Institute's standing in the research community. Raising the
quality of scholarship of the Institute should be a top
priority. In order to support that goal, the Director is given
the authority to retain the ability to appoint excepted
scientific or technical employees, following the current
practice of 30-day notice to allow qualified employees the
opportunity to apply for such positions. The total number of
such employees may not exceed the greater of either 30
employees or \1/5\ of the number of full-time employees.
In order to strengthen the national capacity for carrying
out high quality research, statistics and evaluation, the
Director is directed to establish and maintain research,
statistics and evaluation fellowships in institutions of higher
education that support graduate and postgraduate study,
including minority serving institutions, with particular
attention to the recruitment of women and minorities.
Each of the National Centers will be headed by a
commissioner appointed by the Director, except the Commissioner
of the National Center for Education Statistics. The committee
feels strongly that it is important to maintain the current
status of the Statistics Commissioner--being presidentially
appointed with the advice and consent of the Senate, in order
to maintain the independence of statistical collection and
analysis.
Each of the Commissioners will be appointed for 6-year
terms. Several provisions of the bill create presidentially
appointed and Senate confirmed individuals who serve for a
specified term of years. For example, section 114 creates a
presidentially appointed and Senate confirmed Director of the
Institute who serves for a term of 6 years, section 116 creates
a National Board for Education Sciences with presidentially
appointed and Senate confirmed members who serve for a term of
4 years, and Section 117(b) creates a presidentially appointed
and Senate confirmed Commissioner for Education Statistics who
serves for a term of 6 years. Similarly, section 117(a)(3)
provides for the appointment of commissioners of the National
Centers for a term of 6 years. The committee understands that
these officials may be removed by the President (or, in the
case of the commissioners, the Director) prior to the
expiration of their terms. See Parsons v. United States, 167
U.S. 324 (1897).
In order to ensure the quality of work at the Institute,
all the commissioners shall ensure that all work conducted
follows scientifically based standards, as well as using a peer
review system involving highly qualified individuals to ensure
that all work is objective, secular, neutral, nonideological
and free of partisan political influence and racial, cultural,
gender or regional bias.
The Director shall complete a biennial report that includes
a description of the activities carried out through the Centers
and how they relate to the mission of the Institute; a summary
of every grant, contract and cooperative agreement in excess of
$100,000; and any other materials that the Director feels would
inform Congress and the public about the findings of
scientifically valid research conducted by the Institute.
THE NATIONAL CENTER FOR EDUCATION RESEARCH
In order to ensure the highest quality research, the
Commissioner shall support rigorous, peer-reviewed research to
determine practices that improve the teaching and learning of
students, especially in reading, mathematics, and science, and
through the use of technology.
The No Child Left Behind Act requires annual testing of
reading and mathematics of students in grades 3 through 8.
States and school districts will identify schools that are low-
performing on the basis of such tests. As of school year 2007-
08, schools will be required to carry out standards-based
assessments and will be held accountable for student
performance on those assessments. Due to the critical
importance of mathematics and science knowledge, the committee
believes that it is valuable to invest in high-quality research
to determine the best methods of teaching those subjects.
Empowered with the knowledge of effective mathematics and
science instructional practices, the committee will be better
positioned to argue effectively for more funding for the Math
and Science Partnership Program.
In order to ensure that there is a reliable base of
scientifically valid research, 50 percent of the funds
available for research shall be used to fund long-term research
programs. The Commissioner is permitted to establish up to 15
Research Centers for the long-term and continued study of
research in areas of ongoing national need. To ensure quality
research within areas that are affected by other authorizing
legislation, the committee feels that those centers shall
include:
Adult Literacy Research Center
A Center for Adult Literacy is authorized to conduct
scientifically valid research that would help build effective,
cost-efficient education programs that provide instruction and
support services for adults who have low literacy and math
skills, who do not speak English well, or who do not have a
high school diploma. These programs are known as Adult Basic
Education (ABE), English for Speakers of Other Languages
(ESOL), and Adult Secondary Education (ASE). The Center should
also (1) describe the adults who need these services in ways
that are useful for designing instruction and support services,
(2) identify policies that improve instruction and support
services, and (3) explore the use of technology as a tool for
expanding and improving adult programs.
Evaluation of these programs should include measuring
instructional progress and program impact, especially on the
adults' ability to perform as workers, parents, citizens and
life-long learners.
Assessment, Standards and Accountability Research Center
A Center for Assessment, Standards and Accountability
Research is authorized to conduct research to assist States,
local educational agencies and schools to implement high
standards, fair and effective assessment and accountability
systems that are consistent with the requirements of the No
Child Left Behind Act. The research of the Center shall
include: (1) effective practices for developing and revising
academic content and achievement standards; (2) design and
evaluation of State accountability systems; (3) effective
strategies for benchmarking and alignment of standards to
assessments; (4) the demand for, impact of, and quality of
school improvement and corrective action activities on
improving low-performing schools, especially in rural and urban
schools and in schools with large Native American populations;
(5) uses of multiple measures in state accountability systems,
and the use of assessments that measure the academic progress
and growth of students over time; (6) strategies for developing
State standards for English language development, and assessing
English proficiency of LEP students; (7) effective strategies
to help teachers in the application of assessment data to
classroom practice; (8) the use of alternative assessments for
children with disabilities and effective accommodations for LEP
students and children with disabilities in large-scale
assessments programs; (9) the effectiveness of criterion-
referenced and norm-referenced assessments in state
accountability systems; (10) the impact of statewide
assessment, if any, on teacher retention, graduation rates,
course content, curricular offerings and other factors; or (11)
other research that furthers the Center's mission.
Early Childhood Development and Education Center
It is the intention of the committee that the Early
Childhood Development and Education Center authorized under
title I should conduct research on the following topics:
strategies for increasing cognitive, emotional, social and
physical development for children at any age from birth through
the age at which the child may start primary school; cognitive
development of infants and toddlers and the relationship of
development and learning prior to both entry into school and
later success in school; access to high quality early childhood
care and education and the effects of such care and education
on school readiness; the availability of high-quality early
childhood care and education programs that meet the needs of
working families; characteristics of literacy programs for
children prior to entry to school and their later school
success; strategies for increasingliteracy through family based
intervention programs; the transition to school as children move from
home and other early childhood settings into kindergarten; the
professional development of early childhood personnel and the relation
of that training to child development and school readiness; the unique
early childhood developmental and educational needs of children with
disabilities, and how to address those needs through high quality early
childhood care and education programs, including professional
development for early childhood service providers; or other topics
relevant to the mission of the Early Childhood Development and
Education Center.
English Language Learners Research Center
An English Language Learners Research Center is authorized
to conduct research that would help develop research-based
instructional practices for linguistically diverse learners by
examining second language acquisition and language instruction
educational models for serving LEP students, including methods
for integrating core academic content areas into language
instruction educational programs. The Center also should
conduct research on: (1) how LEP students are being included in
the State accountability systems; (2) methods used by States to
assist school districts in building capacity to establish and
sustain native language instructional support for LEP students;
(3) effective professional development and training activities
for mainstream teachers in the areas of educational linguistics
and second language acquisition; (4) effective newcomer and
immigrant education programs; (5) the impact of sociocultural
factors, linguistic background, and refugee or asylum status on
achievement of LEP students, and integration into all-English
classrooms; (6) methods to promote parental and community
participation in language instruction educational programs; (7)
effective methods of evaluation for language instruction
educational programs; or (8) other research that furthers the
Center's mission.
Improving Low Achieving Schools Research Center
A Center for Improving Low Achieving Schools is authorized
to conduct research that would help develop and implement
effective programs for improving student achievement,
especially in reading, math, and science, at schools with high
concentrations of poverty, minorities, students with
disabilities, and Limited English Proficiency students. The
Center should focus particularly on schools that are not
meeting Adequate Yearly Progress or are at risk of not meeting
Adequate Yearly Progress, as defined by the No Child Left
Behind Act of 2001.
Center on Innovation in Education Reform
The Center on Innovation in Education Reform shall conduct
scientifically valid research identifying (1) the best
practices in the design and implementation of educational
reform programs involving charter schools, magnet schools,
public school choice, extended learning, or whole-school
reform; (2) the effectiveness of such reform programs in
improving student academic achievement, particularly in school
districts with high concentrations of disadvantaged students;
or (3) other topics relevant to innovative school reform
programs.
Postsecondary Education and Training Center
A Center on Postsecondary Education and Training is
authorized to conduct research on: (1) academic access and
preparation for postsecondary education and training such as
academic readiness, transition to postsecondary education,
enrollment rates, and persistence rates; (2) financial access
to postsecondary education and training such as the
availability of different types of financial aid, the impact of
different types of financial aid on the decision to enroll and
persist in postsecondary education, the impact of debt burden
on college enrollment, persistence and career choices, and
trends in college costs; (3) strategies and statistical
analyses on how to prepare a diverse student body to
participate in today's labor force; (4) the impact of
postsecondary education and training on labor force development
and economic growth; and (5) the impact of distance education
on access to postsecondary education and the academic success
of the students who choose to utilize distance education.
State and Local Policy Center
A State and Local Policy Center is authorized to conduct
research to examine the effects of State and local policy
reforms on students' access to educational opportunities and
success academically and in life, including policies on school
finance, school staffing and organization (including efforts to
improve teacher quality), K-16 linkages, meeting accountability
requirements, elementary and secondary school reform,
intergovernmental relationships, utilization of best practices
based on scientifically valid research, or other research that
furthers the center's mission.
Teacher Quality
In order to better meet the requirements of No Child Left
Behind, the Center for Teacher Quality shall conduct research
on issues that impact the teaching profession. Research should
include studies of (1) the effectiveness of teacher training
programs through traditional and alternative routes to
certification; (2) innovative measures to attract, retain and
continue to build the skills of teachers through high quality
in-service and pre-service professional development programs;
and (3) performance assessment, hiring practices and
compensation policies. The committee feels strongly that any
research done on teacher quality should give special attention
to improving the quality of teachers in high need public
elementary and secondary schools, as well as fields with high
vacancy rates, such as mathematics, science, English language
learning and special education.
Rural Education Research Center
A Center for Rural Education is authorized to conduct
research on (1) increasing the capacity of rural schools to
initiate and sustain systemic changes designed to facilitate
high levels of academic achievement for all students; (2)
effective methods of utilizing distance education to improve
elementary, secondary, and postsecondary education for rural
students; (3) ensuring all rural students have access to
postsecondary education and training; (4) other topics relevant
to improving education in rural areas.
All of the Research Centers will be awarded contracts for
up to 5 years to conduct research on the relevant topics, which
may be renewed for up to 5 years without recompeting if the
Commissioner and the Director feel that the quality of work and
the needs in the field require such continuation. The committee
intends for grants for National Research and Development
Centers to be awarded to the most eligible applicant. While
current eligible Research and Development Center grantees are
limited to institutions of higher education, we recognize that
other entities or consortia who demonstrate the ability to
conduct scientifically valid research and have the capacity to
successfully conduct the required functions should be eligible
to compete. To the extent feasible, all research carried out
under this subsection shall be disaggregated by age, race,
gender, and socio-economic background so that it may be most
useful to States and schools seeking to replicate results.
THE CENTER FOR EDUCATION STATISTICS
The Commissioner for the Center for Education Statistics
shall collect, analyze and report education data. The new
requirements make the accurate and timely report of the NCES
critical if States and school districts are to comply with the
new reporting requirements of NCLBA. Data on student
achievement, teacher quality, school financing and retention
and completion rates will be of increased interest to parents,
teachers, school officials and policymakers.
The committee feels strongly that NCES should develop a set
of standards and guidelines to assist states in the development
of statewide systems to collect data on student achievement,
progress and other relevant points. Regarding Section
153(a)(5), the committee feels that the NCLBA requires LEA's
and schools to collect detailed information on student
performance and make this data available to the public. The
committee believes that NCES would be able to provide valuable
assistance to States and LEA's without significant past
experience in collecting, standardizing, and disseminating this
type of data. The standards and guidelines should focus on the
statistical questions surrounding data collection, such as how
to track students over time and how to protect student privacy,
and ways to ensure the quality and integrity of data. The
guidelines should also be consistent with ensuring the
appropriate use of student performance data and should
encourage interoperability across States to track migrant and
homeless students and others who may move among States.
Although NCES may indicate best practices, the committee
feels that the standards should be guidelines, not particular
software, and that those guidelines are not intended to
establish one mandatory reporting format. Nothing in section
153(a) shall be construed to require a State educational agency
to comply with such a standard or guideline.
In addition, by proposing a set of guidelines and
encouraging States to use them when and if they apply for the
grant program authorized in title II for statewide,
longitudinal data systems, it can help encourage a similar
process for data collection across the country which will allow
for better comparisons across the States. These high quality
longitudinal data systems will be integral to ensuring that no
child is left behind.
The No Child Left Behind Act (NCLB) requires State
education departments and local school districts to ensure that
low-income and minority students are not taught
disproportionately by inexperienced, unqualified, or out-of-
field teachers. The data collected and disseminated by the
Department plays a critical role in evaluating compliance with
this important obligation. Although local school districts and
State departments of education will begin self-reporting on
these issues, only the Department has the capacity to provide
comparable national data with which to conduct state-by-state
and within State analyses of teacher distribution. The SASS
survey provides valuable information on this issue, but the
most recent survey has taken 5 years to be conducted. The
Department has utilized its Fast Response Survey protocol
periodically to examine teacher quality issues on a more
frequent basis, but the sample size has been insufficient to
allow reliable state-by-state and within State analysis of
teacher quality and distribution. To facilitate a better
understanding of teacher distribution and to provide an
external data source with which to evaluate compliance with the
teacher quality and distribution provisions of NCLB, the
committee urges NCES to collect and disseminate data regarding
the qualifications of the distribution of teachers on an annual
or semiannual basis.
NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS
The committee feels strongly that it is important to
maintain the independence of the National Assessment of
Educational Progress (NAEP), especially with the expanded role
it is assigned under NCLBA. The committee has added overseeing
the release of NAEP data to the public to the duties of the
National Assessment Governing Board to make the Assessment
Board responsible for planning and for executing NAEP data
releases. The committee also agrees that the Assessment Board
is responsible, with respect to NAEP, for developing and
overseeing the implementation of the peer review process
described in section 186(c).
THE NATIONAL CENTER FOR EDUCATION EVALUATION
The Commissioner of the National Center for Education
Evaluation will decide on a scope of work that will include the
evaluation of Federal programs, conduct field-based evaluations
of state and local programs and oversee the quality of other
evaluations done with the Department.
THE NATIONAL CENTER FOR KNOWLEDGE UTILIZATION IN EDUCATION
The Commissioner of the National Center for Knowledge
Utilization in Education is responsible for the wide
dissemination of research, statistics and evaluation conducted
at the Institute in a manner that is user-friendly for the
members of the broad education community and the oversight of
the National Education Library and the ERIC system. The
committee believes that the Commissioner should have the
ability to restructure the ERIC system to improve quality and
efficiency, but the committee also believes that all of the
topics currently covered by the ERIC system should continue to
be covered under any new configuration.
In requiring the dissemination of the most current research
findings, the committee believes that access to older research
reports, findings, and information remains both useful and
necessary. The committee does not intend for older research
reports, findings, and information to be deleted from the
dissemination mechanisms of the National Center for Knowledge
Utilization in Education or the U.S. Department of Education.
The Commissioner is also directly responsible for the
Regional Education Laboratories. The Regional Education
Laboratories are responsible for conducting applied research
reflecting the needs of the field, providing technical
assistance and professional development to states and school
districts as they begin to implement the requirements of NCLBA,
developing products to improve student achievement and
educational access, and disseminating information on research
within their region.
The Regional Education Laboratories (REL) shall collaborate
with other technical assistance providers in their region to
ensure the broadest coverage and nonduplication when providing
assistance to States and local school districts, with a
priority on serving high poverty urban and rural school
districts. Each REL will conduct a biennial needs assessment of
their region with the cooperation of their governing board.
The committee intends that the REL, in establishing its
regional governing board, shall include the Chief State School
Officer from each State in the region, and the REL shall select
from nominations received from organizations representing
superintendents, principals, institutions of higher education,
teachers, parents, business, and researchers in the states in
the Regional Education Laboratory's region.
In making selections from among these nominations, the REL
shall ensure that the board maintains a regional and technical
expertise balance; the REL should not be expected to select all
nominations to do so.
TITLE II
Currently there are a variety of underfunded regional
technical assistance providers. The committee established in
title II the provision for no fewer than 20 Comprehensive
Centers, which will include individual agencies or consortia of
training providers, who will offer technical assistance and
professional development to district and school staff in
implementing school reform projects.
While recognizing the contribution of all the regional
technical assistance providers in an attempt to respond to the
comprehensive needs of schools, the committee does not
reauthorize the Eisenhower Math and Science Consortia, or the
Regional Technology Assistance Centers (R-Techs).
In order to cause a minimum disruption in the services to
schools, the committee extends the awards to all existing
regional technical assistance providers--the Eisenhower
Consortia, the R-Techs and the existing comprehensive centers
through FY 04. In establishing the new Comprehensive Centers in
Title II, Section 203 of this Act, the members of the committee
intend that the current Regional Technology in Education
Consortia and Eisenhower Regional Mathematics and Science
Consortia will continue their services through the 2003-04
school year. We encourage the Department of Education to
conduct a competition for the new Comprehensive Centers in the
2003-04 school year so that these centers will begin their
services with the 2004-05 school year. In order to ensure that
SEA's, LEA's and local schools receive the needed technical
assistance throughout this transition into the new
Comprehensive Centers, it is also our intention that there
shall be no gap in services for these entities. The members of
the committee would encourage those existing Regional
Technology in Education Consortia and Eisenhower Regional
Mathematics Consortia to submit an application to become a
Comprehensive Center.
It is the intent of this committee that when that new
competition is held that the amount dedicated to technical
assistance and professional development will be greater than
the $53 million that is currently appropriated. It is critical
if schools are to rely on one Comprehensive Center to provide
service to them in reading, mathematics, science, English
language learning, and technology that the number of Centers,
as well as the funding for each Center, should reflect the
scope of the job. It is equally important that the applicants
for the new Comprehensive Centers reflect demonstrated
expertise in delivering technical assistance and professional
development in reading, mathematics, science, English language
acquisition and the use of technology, to improve teaching and
learning in those areas.
The authorizations for the continuation of both the
Eisenhower National Clearinghouse and the Education Facilities
Clearinghouse are also in title II. Both entities provide an
important service to schools and the committee encourages
efforts to improve their quality and expand their use.
As states begin the implementation of the reporting
requirements for the NCLBA, some states are finding that their
technology infrastructure is unable to comply with the
collection, disaggregation and reporting of school data. In
response to this need, the committee has given the Secretary
the authority to award competitive grants to States to upgrade
their technology without new authorization.
CONDITION OF EDUCATION IN RURAL SCHOOLS REPORT
The committee acknowledges the positive impact made by the
U.S. Department of Education's Office of Educational Research
and Improvement in producing the Condition of Education in
Rural Schools report in 1994. The committee encourages the
Institute for Education Sciences to produce future Condition of
Education in Rural Schools reports on a regular basis. The
committee further encourages the Institute to include topics
addressed in the original 1994 report and additional issues,
including the role and impact of technology for rural schools,
the latest research and statistics on the state of rural
schools facilities, population declines, cost factors,
transportation issues and data associated with English language
learners in rural schools. Furthermore the committee strongly
urges the report to identify the state of the knowledge base
for rural education research and what additional research is
needed to inform the education research and policy community in
its endeavor to assist rural schools.
The committee also encourage the Institute to utilize
existing rural education resources within the Department,
including the new National Center for Rural Education,
Navigating Resources for Rural Schools, Pulling Together: R&D
Resources for Rural Schools, and the ERIC Clearinghouse on
Rural Education and Small Schools in the development of future
reports.
VI. Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 30, 2002.
Hon. Edward M. Kennedy,
Chairman, Committee on Health, Education, Labor, and Pensions,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2969, the Education
Sciences Reform Act of 2002.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Donna Wong.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
Congressional Budget Office Cost Estimate
S. 2969--Education Sciences Reform Act of 2002
Summary: S. 2969 would restructure and reauthorize programs
authorized under the National Education Statistics Act of 1994,
and the Educational Research, Development, Dissemination, and
Improvement Act of 1994. These programs previously were
authorized through fiscal year 2002. S. 2969 would reorganize
and reauthorize these programs through 2008.
The bill would authorize total appropriations of $734
million in 2003. CBO estimates that total authorizations under
S. 2969 would amount to about $4.6 billion over the 2003-2008
period, assuming that annual levels are adjusted to keep pace
with inflation when specific annual authorization are not
provided. (Without such inflation adjustments, total
authorizations would be about $4.4 billion over the 2003-2008
period.) CBO estimates that appropriations of the authorized
levels would result in additional outlays of $3.9 billion over
the 2003-2008 period if inflation adjustments are included (and
about $3.7 billion without inflation adjustments). Enacting the
bill would not affect direct spending or receipts.
S. 2969 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
The bill would authorize programs and grants for educational
research, and state, local, and tribal governments would
benefit from both funding and technical assistance. Any costs
they incur as a result of applying for and receiving the grants
would be voluntary.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 2969 is shown in Table 1. The costs of
this legislation fall within budget function 500 (education,
training, employment, and social services).
TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF S. 2969, THE EDUCATION SCIENCES REFORM ACT OF 2002
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------------------
2002 2003 2004 2005 2006 2007 2008
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
WITH ADJUSTMENTS FOR INFLATION
Spending under Current Law:
Budget Authority \1\......................... 444 0 0 0 0 0 0
Estimated Outlays............................ 366 317 89 0 0 0 0
Total Proposed Changes:
Estimated Authorization Level................ 0 734 749 764 779 795 811
Estimated Outlays............................ 0 184 591 750 765 780 796
Spending Under S. 2969:
Estimated Authorization Level................ 444 734 749 764 779 795 811
Estimated Outlays............................ 366 500 680 750 765 780 796
WITHOUT ADJUSTMENTS FOR INFLATION
Spending Under Current Law:
Budget Authority \1\......................... 444 0 0 0 0 0 0
Estimated Outlays............................ 366 317 89 0 0 0 0
Total Proposed Changes:
Estimated Authorization Level................ 0 734 734 734 734 734 734
Estimated Outlays............................ 0 184 587 734 734 734 734
Spending Under S. 2969:
Estimated Authorization Level................ 444 734 734 734 734 734 734
Estimated Outlays............................ 366 500 676 734 734 734 734
----------------------------------------------------------------------------------------------------------------
\1\ The 2002 level is the amount appropriated for that year for programs authorized under the National Education
Statistics Act and the Educational Research, Development, Dissemination, and Improvement Act.
Note.--Components may not sum to totals because of rounding.
Basis of estimate: S. 2969 would reorganize and reauthorize
programs created under the National Education Statistics Act
and the Educational Research, Development, Dissemination, and
Improvement Act. All programs would be reauthorized at specific
levels for 2003 and for such sums as may be necessary for 2004
through 2008.
S. 2969 would increase authorized levels by $734 million in
2003 and by an estimated $4.6 billion over the 2003-2008 period
assuming that ``such sums'' amounts provided after 2003 are
adjusted for inflation. If the authorized amounts are
appropriated, outlays would increase relative to current law by
$194 million in the first year and by $3.9 billion over the
six-year period. (Without inflation adjustments, the increased
authorizations would result in outlays of $3.7 billion over the
six years.)
Table 2 presents CBO's estimates with inflation adjustments
for the various components of each title under S. 2969. The
bill specifies authorization levels for 2003 and CBO's estimate
of authorization levels for subsequent years reflect inflation
adjustments to the 2003 amounts. The estimated outlays reflect
historical rates of spending for the affected programs.
Title I--Education Sciences Reform
Title I of S. 2969 would authorize a total of $520 million
in 2003. CBO estimates the total funding for title I for the
2003-2008 period would be $3.3 billion, assuming adjustments
for inflation, with resulting outlays of $2.7 billion over
those six years.
Part A--The United States Institute for Education Sciences.
The institute would replace the current Office of Education,
Research, and Improvement although it would continue to support
and conduct education research and statistics activities. The
institute would oversee the National Education Centers created
in Parts B, C, D, and E and would be run by a director and
overseen by a National Board for Education Sciences. Although
more autonomous in structure, the institute would remain part
of the Department of Education.
Part B--National Center for Education Research. S. 2969
would structure and rename the current National Education
Research Institutes into the National Research and Development
Center. The center's mission would include sponsoring research
into a broad range of activities intended to enhance
educational quality. It would support up to 15 other research
and developmental centers, 10 of which would focus on specific
areas of research such as adult literacy, educational
assessment, improving low achieving schools, teacher quality,
and other topics.
Part C--National Center for Education Statistics. Part C
would reauthorize the National Center for Education Statistics.
The center would continue and analyze data and report the
information to practitioners, researchers, policymakers, and
the public.
TABLE 2.--DETAILED EFFECTS OF S. 2969, THE EDUCATION SCIENCES REFORM ACT OF 2002, WITH ADJUSTMENTS FOR INFLATION
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------------------
2002 2003 2004 2005 2006 2007 2008
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law:
Budget Authority \1\......................... 444 0 0 0 0 0 0
Estimated Outlays............................ 366 317 89 0 0 0 0
Proposed Changes:
Title I--Education Sciences Reform
United States Institute for Education
Sciences:
Estimated Authorization Level............ 0 400 408 416 425 433 442
Estimated Outlays........................ 0 100 322 409 417 425 434
Regional Educational Laboratories:
Estimated Authorization Level............ 0 120 122 125 127 130 133
Estimated Outlays........................ 0 30 97 123 125 128 130
Subtotal:
Estimated Authorization Level........ 0 520 531 541 552 563 575
Estimated Outlays.................... 0 130 419 531 542 553 564
Title II--Regional Educational Applied Research and Technical Assistance
School Facilities Clearinghouse:
Estimated Authorization Level............ 0 2 2 2 2 2 2
Estimated Outlays........................ 0 1 2 2 2 2 2
Comprehensive Centers and Data Systems Grant
Program:
Estimated Authorization Level............ 0 100 102 104 106 108 111
Estimated Outlays........................ 0 25 81 102 104 106 108
Subtotal, Title II:
Estimated Authorization Level........ 0 102 104 106 108 111 113
Estimated Outlays.................... 0 26 82 104 106 108 111
Title III--National Assessment of Educational Progress
National Assessment Governing Board:
Estimated Authorization Level............ 0 5 5 5 5 5 5
Estimated Outlays........................ 0 1 4 5 5 5 5
National Assessment of Education Progress:
Estimated Authorization Level............ 0 108 110 112 114 116 119
Estimated Outlays........................ 0 27 87 110 112 114 117
Subtotal, Title III:
Estimated Authorization Level........ 0 112 114 117 119 121 124
Estimated Outlays.................... 0 28 90 115 117 119 122
Total Proposed Changes:..............
Estimated Authorization Level................ 0 734 749 764 779 795 811
Estimated Outlays.................... 0 184 591 750 765 780 796
Spending Under S. 2969:
Estimated Authorization Level \1\............ 444 734 749 764 779 795 811
Estimated Outlays............................ 366 500 680 750 765 780 796
----------------------------------------------------------------------------------------------------------------
\1\ The 2002 level is the amount appropriated for that year for programs authorized under the National Education
Statistics Act and the Educational Research. Development, Dissemination, and Improvement Act.
Note.--Components may not sum to totals because of rounding.
Part D--National Center for Education Evaluation. This
center would coordinate evaluations of federal education
programs administered by the Secretary of Education to
determine the impact of the programs, especially on student
academic achievement in reading, mathematics, and science.
Part E--National Center for Knowledge Utilization in
Education. This center would house the 10 current regional
educational laboratories, the National Library of Education,
and the Educational Resources Information Center.
Part F--General Provisions. Part F authorize $400 million
in 2003 for the United States Institute of Education Sciences
and its centers (excluding the regional
educationallaboratories), and such sums as may be necessary for 2004
through 2008. Funding in 2002 for comparable programs totaled $206
million. Part F also would authorize $120 million for 2003 and such
sums as may be necessary for each of the next five years for regional
educational laboratories. Funding 2002 was $68 million.
Title II--Regional Educational Technical Assistance
Title II would authorize a total of $102 million in 2003
and would authorize such sums as may be necessary in 2004
through 2008. CBO estimates the total funding for title II for
the 2003-2008 period would be $644 million, assuming
adjustments for inflation, with resulting outlays of $537
million over those six years.
Comprehensive Centers and Grant Program for Statewide,
Longitudinal Data Systems. S. 2969 would authorize $100 million
in 2003 and such sums as may be necessary in 2004 through 2008
for Comprehensive Centers and a grant program for statewide
data systems. The Comprehensive Centers would work with state
educational agencies and schools in the region on school
improvement activities. The Statewide Longitudinal Data Systems
program would award competitive grants to state educational
agencies to design and develop statewide data systems to track
individual student progress. Similar programs were funded at
$58 million in 2002.
School Facilities Clearinghouse. The bill would authorize
$1.5 million in 2003 and such sums as may be necessary for
years 2004 through 2008 for a school facilities clearinghouse.
The clearinghouse would collect and disseminate information on
best practices for school facility planning and operations. The
program was funded at $1.1 million in 2002.
Title III--National Assessment of Educational Progress
Title III would authorize $4.6 million in 2003 for the
National Assessment Governing Board and $107.5 million for
National Assessment of Education Progress (NAEP), and would
authorize such sums as may be necessary in 2004 through 2008
for both programs. Both NAEP and the National Assessment
Governing Board were amended in the No Child Left Behind Act of
2001 but funding was not reauthorized in that act. Funding for
NAEP and the governing board in 2002 is $4.05 million and
$107.5 million, respectively.
Repeals. S. 2969 would repeal the National Education
Statistics Act of 1994, Parts A through E and Parts K through N
of the Educational Research, Development, Dissemination, and
Improvement Act of 1994 (title IX of the Goals 2000: Educate
America Act), and section 401(b)(2) of the Department of
Education Organization Act.
Intergovernmental and private-sector impact: S. 2969
contains no intergovernmental or private-sector mandates as
defined in UMRA. The bill would authorize programs and grants
for educational research, and state, local, and tribal
governments would benefit from both funding and technical
assistance. Any costs they incur as a result of applying for
and receiving the grants would be voluntary.
Previous estimate: On April 3, 2002, COB transmitted a cost
estimate for H.R. 3801, the Education Sciences Reform Act of
2002, as ordered reported by the House Committee on Education
and the Workforce on March 20, 2002. The two bills are similar;
however, the authorizations of appropriations are structured
differently and S. 2969 would authorize slightly higher total
appropriations than H.R. 3801.
Estimate prepared by: Federal costs: Donna Wong; impact on
state, local, and tribal governments: Leo Lex; impact on the
private sector: Nabeel Alsalam.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
VII. Regulatory Impact Statement
The committee has determined that there will be minimal
increases in the regulatory burden imposed by this bill.
VIII. Application of Law to the Legislative Branch
The Committee has determined that there is no legislative
impact.
IX. Section-by-Section Analysis
Title I--Education Sciences Reform
Section 101. Short title
The title may be cited as the ``Education Sciences Reform
Act of 2002.''
Section 102. Definitions
Defines key terms used in title I including: elementary and
secondary school, local and State education agency, freely
associated states and outlying areas; applied research; basic
research; Board; bureau; comprehensive center; Department;
development; Director; dissemination; early childhood educator;
field-initiated research; historically Black colleges;
Institute; institution of higher education; national research
and development center; provider of early childhood services;
scientifically based research; scientifically valid education
evaluation; scientifically valid research; Secretary; and
technical assistance;
PART A--THE UNITED STATES INSTITUTE FOR EDUCATION SCIENCES
Section 111. Establishment
There shall be in the Department of Education, the
Institute for U.S. Education Sciences to be administered by a
director and board of directors.
The mission of the Institute is to provide national
leadership in expanding fundamental knowledge and understanding
of education from early childhood through postsecondary study.
This will provide parents, educators, students, researchers,
policymakers and the general public with information about: the
condition and progress of education (including early education)
in the United States; educational practices that support
learning and improve academic achievement and educational
equity for all students; and the effectiveness of Federal and
other education programs.
The Institute shall compile statistics, develop products,
and conduct research, evaluations, and wide dissemination
activities in areas of demonstrated national need that are
supported by federal funds appropriated to the Institute. The
Institute shall also ensure that activities: conform to high
standards of quality, integrity, and accuracy, and are
objective, secular, neutral, and non-ideological, and are free
of partisan political influence and racial, cultural, gender,
or regional bias.
The Institute shall consist of: The Office of the Director;
The National Board for Education Sciences; and The National
Centers, including the National Center for Education Research,
the National Center for Education Statistics, the National
Center for Education Evaluation, and the National Center for
Knowledge Utilization in Education.
Section 112. Functions
Through funding, the Institute, directly or through grants,
contracts, or cooperative agreements, shall: conduct and
support scientifically valid research activities, including
basic research and applied research, statistics activities,
scientifically valid education evaluation, development and wide
dissemination; disseminate the findings and results of
scientifically valid research in education; promote the use,
development, and application of knowledge gained from
scientifically valid research activities; strengthen the
national capacity to conduct, develop, and disseminate
scientifically valid research in education;promote the
coordination, development, and dissemination of scientifically valid
research in education within the Department and the Federal Government;
and promote the use and application of research and development to
improve teaching and learning.
Section 113. Delegation
The Secretary shall delegate to the Director all functions
for carrying out this title except that: nothing in this title
or in the National Assessment of Educational Progress
Authorization Act shall limit the role, responsibilities or
authority of the National Assessment Governing Board with
respect to the National Assessment of Educational Progress;
appointments made to the National Assessment Governing Board;
section 302 (f)(1) of the National Assessment of Educational
Progress Authorization Act shall apply to the National
Assessment Governing Board; and sections 115 and 116 shall not
apply to both the National Assessment of Educational Program or
the National Assessment Governing Board.
The Secretary may assign the Institute responsibility for
administering other activities, if those activities are
consistent with: the Institute's priorities, as approved by the
National Board of Education Sciences; or the Institute's
mission, but only if those activities do not divert the
Institute's focus from activities that are consistent with its
priorities and mission.
Section 114. Office of the Director
The President shall appoint the Director of the Institute
with the advice and consent of the Senate.
The Director shall serve a 6-year term. The first Director
shall be the Assistant Secretary of the Office of Educational
Research and Improvement. The Board may make recommendations to
the President with respect to subsequent directors. The
Director shall be paid the rate of level II of the Executive
Schedule.
In the future, 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 the areas, and have a
demonstration capacity for sustained productivity and
leadership.
The Director shall administer, oversee, and coordinate the
activities carried out by the Institute, including the
activities of the National Centers. In addition, the Director
shall coordinate and approve budgets and operating plans for
each of the National Centers for submission to the Secretary.
The duties of the Director shall include: proposing
Institute priorities to the Board; ensuring the methodology
applied in conducting education research and related activities
research, development, evaluation, and statistical analysis is
consistent with the title; coordinating with both the
Department and the Federal Government the work carried out by
the Institute; advising the Secretary on research, evaluation,
and statistics relevant to Department activities; establishing
necessary procedures for technical and scientific peer review
activities of the Institute; ensuring that all participants in
research conducted or supported by the Institute are afforded
their privacy rights and other relevant protections in
accordance to the U.S. Code and General Education Provisions
Act; ensuring activities conducted or supported by the
Institute are objective, secular, neutral, and non ideological
and are free of partisan political influence and racial,
cultural, gender, or regional bias; increasing participation of
researchers and institutions that have been historically under-
utilized in Federal education research activities, including
minority-serving institutions; coordinating with the Secretary
to promote and provide coordination of research and development
activities and technical assistance activities between the
Institute and comprehensive centers; soliciting and considering
recommendations of education stakeholders to ensure broad and
regular public and professional input from the educational
field in the Institute's activities; coordinating the
dissemination of information on scientifically valid research;
and carrying out and supporting other activities consistent
with the priorities and mission of the Institute.
The Director may establish technical and scientific peer-
review groups and scientific program advisory committees for
research and evaluations, as the Director deems necessary. The
Director shall appoint personnel to serve as members of such a
group or committee, without additional compensation.
The Director may review the products and publications of
other offices of the Department to certify that evidence-based
claims about those products and publications are
scientifically-valid.
Section 115. Priorities
The Director shall propose to the Board priorities for the
Institute, which take 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
focus on understanding and solving particular education
problems and issues, including those associated with the
Elementary and Secondary Education Act and the Higher Education
Act, such as: closing the achievement gap; ensuring that all
children have access to a high-quality education and reach
proficiency on challenging State academic achievement standards
and assessments (particularly in math, science, and reading or
language arts); educational access to postsecondary education;
and the efficacy, impact on academic achievement, and cost-
effectiveness of technology use within the Nation's schools.
The Board shall review the priorities proposed by the
Director and make revisions, if necessary. The Board shall also
transmit priorities to the appropriate congressional
committees. The Board shall ensure that priorities for the
Institute and National Centers are consistent with the
Institute's mission.
The Director shall make such priorities available to the
public for comment through the Internet and the Federal
Register before submitting them to the Board, and submit all
comments to the Board. Upon the approval of priorities, the
Director shall make the Institute's plan for addressing the
priorities available for public comment.
The Board shall approve or disapprove the priorities of the
Institute, including any necessary revisions. In addition, the
Board shall transmit approved priorities to the appropriate
congressional committees. The Board shall also ensure that
priorities of the Institute and the National Center for
Educational Research and the National Center for Education
Evaluation are consistent with the mission of the Institute.
Section 116. National Board for Education Sciences
The Institute shall have a board of directors, known as the
National Board for Education Sciences.
The duties of the Board shall be to: advise and collaborate
with the Director on policies; consider, approve, and guide the
priorities proposed by the Director; review and approve
procedures for technical and scientific peer review of the
Institute's activities; advise the Director on the
establishment of activities to be supported by the Institute;
present the Director with recommendations for strengthening
educational research and funding; advise the Director on the
funding of applications for grants, contracts, and cooperative
agreements for research after peer review; review and evaluate
the Institute's work to ensure that scientifically valid
research, evaluation, and statistical analysis are consistent
with standards; advise the Director on ensuring that activities
are objective, secular, neutral, and nonideological and free of
partisan political influence and racial, cultural, gender, or
regional bias; solicit advice and information from the
educational field; advise the Director on opportunities for the
participation and advancement of women, minorities, and persons
with disabilities in research, statistics, and evaluation
activities for the Institute; recommend ways to enhance
strategic partnerships and collaborative efforts among Federal
and State research agencies; and recommend to the Director
individuals to serve as Commissioners of the National Centers.
The Board shall have 15 voting members appointed by the
President with the advice and consent of the Senate, the Board
from the National Academy of Sciences, the National Science
Board, and the National Science Advisor.
The Board shall also have nonvoting ex officio members
including: the Director of the U.S. Institute for Education
Sciences; each commissioner of the National Centers; the
Director of the National Institute of Child Health and Human
Development; the Director of the Census; the Commissioner of
Labor Statistics; and the Director of the National Science
Foundation.
The appointed members shall be highly qualified to appraise
education research, statistics, evaluations, or development. It
shall include not fewer than eight researchers in the field of
statistics, evaluation, social sciences, or physical and
biological sciences, which may include researchers recommended
by the National Academy of Sciences. The Board shall also
include individuals who are knowledgeable about the education
needs of the country, and may include school-based professional
educators, parents, chief state school officers, State
postsecondary education executives, presidents of institutions
of higher education, superintendents, early childhood experts,
principals, members of State or local boards of education, and
individuals from business and industry.
Each member appointed to the Board shall serve a 4-year
term. However, terms of initial members appointed shall be for
staggered terms of: 4 years for each of 5 members; 3 years for
each of 5 members and 2 years for each of 5 members. In
addition, no Board member shall serve more than two consecutive
terms. The Board is responsible for electing a chair from among
the members.
Members of the Board will not be paid, however they will
receive travel expenses in accordance with the U.S.
The Board shall have an executive director appointed by the
Board.
The Board shall utilize additional staff as may be
appointed or assigned by the Executive Director, in
consultation with the Chair and the approval of the Director.
The Board may also use the services and facilities of any
department or agency of the Federal Government and to the
extent permitted by law, obtain information as they determine
necessary to carry out its functions.
The Board may enter into contracts or make arrangements as
may be necessary to carry out its functions. The Board shall
meet not less than two times each year, and can hold additional
meetings at the call of the chair or upon the written request
of six voting members. In addition, all meetings shall be open
to the public.
The Board may establish standing committees that will each
serve one of the National Centers. In addition, they can
advise, consult with, and make recommendations to the Director
and the Commissioner of the appropriate National Centers.
The majority of the members of each standing committee
shall be voting members of the Board. In addition, the
membership of each standing committee may include: experts and
scientists in research, statistics, evaluation, or development;
ex officio members of the Board; and policy makers and expert
practitioners.
The Board may establish standing committees. Each standing
committee shall review and comment, at the discretion of the
Board, on any grant, contract, or cooperative agreement entered
into by the applicable National Center. They shall also prepare
for and submit to the Board an annual evaluation for the
operations of the applicable National Center. In addition, they
shall review and comment on the relevant plan for activities to
be undertaken by the Center for each fiscal year, and report
periodically to the Board regarding the activities of the
committee and Center.
By July 1 of each year, the Board shall submit to the
Director, Secretary, and appropriate congressional committees a
report that assesses the effectiveness of the Institute in
carrying out its priorities and mission.
The Board shall submit to the Director, the Secretary, and
the appropriate congressional committees a report that includes
any recommendations regarding actions that may be taken to
enhance the ability of the Institute to carry out its
priorities and mission. An interim report shall be submitted
not later than 3 years after enactment and a final report not
later than 5 years after enactment.
Section 117. Commissioners of the National Center for Research and the
National Center for Evaluation and the National Center for
Knowledge Utilization in Education
The National Centers shall be headed by commissioners
appointed by the Director. In appointing commissioners, the
Director shall seek to promote continuity in leadership of the
National Centers while taking into consideration
recommendations of the Board.
Each commissioner shall receive the rate of basic pay for
level IV of the Executive Schedule and be highly qualified in
the field of education research or evaluation.
Each commissioner shall report to the Director. A
commissioner shall serve for a period of not more than 6 years.
However, a commissioner may be reappointed by the Director and
may serve after the expiration of their term until a successor
has been appointed, which shall not exceed one additional year.
The National Center for Education Statistics shall be
headed by a commissioner for Education Statistics who shall be
appointed by the President, with advice and consent of the
Senate. The Commissioner shall have substantial knowledge of
programs assisted by the National Center for Education
Statistics, receive the rate of basic pay for level IV and
serve a 6-year term, which shall expire every sixth year on
June 21, beginning in 2003.
Each commissioner shall coordinate with each of the other
commissioners in carrying out their duties.
Section 118. Agreements
The Institute may carry out research projects of common
interest with the National Science Foundation and the National
Institute of Child Health and Human Development through
agreements in accordance with section 430 of the General
Education Provisions Act.
Section 119. Biennial report
On a biennial basis, the Director shall transmit to the
President, the Board, the appropriate congressional committees,
and the public, a report containing the following: a
description of the activities carried out by and through the
National Centers; a summary of each grant, contract and
cooperative agreement in excess of $100,000 funded through the
Centers, which shall be available in a user-friendly electronic
database; a description of how the activities of the Centers
are consistent with the principles of scientifically valid
research and the priorities of the Institute; and additional
comments, recommendations, and materials, as appropriate.
Section 120. Competitive awards
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.
PART B--NATIONAL CENTER FOR EDUCATION RESEARCH
Section 131. Establishment
There is established in the Institute a National Center for
Education Research, referred to as the ``Research Center.''
The mission of the Research Center is to: sponsor sustained
research that will lead to the accumulation of knowledge and
understanding of education to ensure that all children can
obtain a high quality education and improve academic
achievement and close the achievement gap between high- and
low-performing students, ensure access and opportunity for
postsecondary education, and ensure that educational
institutions are free of violence and promote characteristics
which are important requirements of citizenship; support the
synthesis and integration of education research; promote
quality and integrity through the use of accepted practices of
scientific inquiry; and promote scientifically valid research
findings that can provide the basis for improving academic
instruction and lifelong learning.
Section 132. Commissioner for Education Research
The Research Center shall be headed by a commissioner, who
shall have substantial knowledge of the activities of the
Research Center.
Section 133. Duties
The Research Center shall:
(1) Maintain published peer-review standards and
standards for the conduct and evaluation of all
research and development carried out under the Research
Center;
(2) Propose to the Director a research plan
consistent with the priorities and mission of the
Institute and Research Center;
(3) Carry out specific long-term research activities
consistent with the priorities and mission of the
Institute and approved by the Director.
(4) Implement the plan to carry out scientifically
valid research that uses objective and measurable
indicators, including timeliness, meets procedures for
peer review, and includes basic and applied research;
(5) Promote scientifically valid research within the
Federal Government and interagency research projects;
(6) Ensure that research is relevant to education
practice and policy;
(7) Synthesize and disseminate, through the National
Center for Knowledge Utilization in Education, the
findings and results of education research conducted
and supported by the Research Center;
(8) Assist the Director in preparation of the
Institute's biennial report;
(9) Carry out research on successful state and local
education reform activities approved by the Director;
(10) Address research and development areas related
to how technology affects student achievement,
cognitive learning, and the implementation and best
models of how to best integrate technology into the
classroom; and
(11) Carry out research that is rigorous, peer-
reviewed, and large scale to determine the most
effective, cost efficient, applicable, and duplicated
mathematics and science teaching models for use in
elementary and secondary classrooms.
Research carried out through contracts, grants, or
cooperative agreements shall be carried out only by recipients
with the ability and capacity to conduct scientifically valid
research.
The Research Commissioner shall support not more than 15
national research and development centers including: An Adult
Literacy Center; an Assessment, Standards, and Accountability
Research Center; an Early Childhood Development and Education
Research Center; an English Language Learners Research Center;
a Center for Improving Low Achieving Schools; a Center on
Innovation in Education Reform; a Center on Postsecondary
Education and Training; a Center on State and Local Policy; a
Center on Rural Education; and a Center on Teacher Quality.
The National Research and Development Centers shall address
areas of national need. In addition, the research carried out
shall incorporate the current or potential role of education
technology in achieving the goals of each center.
Support for a National Research and Development Center
shall be for 5 years, and may be renewed without competition
for not more than an additional 5 years if the Director in
consultation with the Research Commissioner and the Board,
determines that the research of the National Research and
Development Center continues to address priorities of the
Institute and merits renewal.
No National Research and Development Center may be
supported for more than ten years without a competitive process
for the award of the support.
The Director shall continue awards made to the national
research and development centers that are currently in effect
on the date of enactment in accordance with the terms of the
awards.
Research conducted shall be disaggregate by age, race,
gender, and socioeconomic background.
Each Center that receives funding shall use technology,
where appropriate.
Section 134. Standards for conduct and evaluation of research
The Research Commissioner shall: ensure all research
follows scientifically based research standards; develop other
standards necessary to govern the conduct and evaluation of all
research, development, and wide dissemination activities
carried out to ensure high standards; review procedures used by
the National Institutes of Health, the National Science
Foundation, and other Federal departments or agencies engaged
in research and development, in addition to soliciting
recommendation for research organizations and the public to
develop the highest standards; and ensure research complies
with Federal guidelines relating to research misconduct.
The Director shall establish a peer review system for
evaluating and assessing the products developed by all
recipients of grants and cooperative agreements that exceed
$100,000.
The Research Commissioner shall: develop procedures to be
used in reviewing applications for research grants, cooperative
agreements, and contracts, and specify the criteria and factors
which shall be considered; and evaluate the performance of each
recipient of an award.
The Research Commissioner shall ensure that not less than
50 percent of the funds made available for research for each
fiscal year are used to fund long-term research programs
expected to last at least 5 years, which support the priorities
and mission of the Institute and the Research Center.
PART C--NATIONAL CENTER FOR EDUCATION STATISTICS
Section 151. Establishment
There is established in the Institute a National Center for
Education Statistics, referred to as the ``Statistics Center.''
The mission of the Statistics Center shall be to: collect
and analyze education information and statistics that meet the
highest methodological standards; report information in a
timely manner; ensure that information is gathered in an
objective, secular, neutral, and nonideological and is free of
partisan political influence and racial, cultural, gender or
regional bias; and is relevant and useful to practitioners,
researchers, policymakers, and the public.
Section 152. Commissioner for Education Statistics
The Center shall be headed by a Commissioner for Education
Statistics who shall be highly qualified and have substantial
knowledge of statistical methodologies and activities.
Section 153. Duties
The Statistics Center shall collect, report, analyze, and
disseminate statistical data related to education in the United
States and other nations.
Specifically, the Center shall include:
(1) The collection, acquisition, compilation, and
dissemination of full and complete statistics, disaggregated by
population characteristics, on the condition and progress of
education from preschool through adult levels in the United
States. Within this data, the Center shall include information
on State and local education reform activities, State and local
early childhood school readiness activities, student
achievement in core academic areas, secondary school
completion, dropouts, and adult reading and literacy skills,
access and opportunity for postsecondary education, including
financial aid. In addition, data collected on teachers should
include in-service professional development opportunities and
the percentage of highly qualified teachers, instruction, the
conditions of the workplace, and the supply and demand of
teachers; and
A. Violence affecting schools;
B. Financing and management of education;
C. Social and economic status and academic
achievement of children;
D. Existence and use of educational technology and
access to the Internet by students and teachers at the
elementary and secondary school level;
E. Educational access and opportunity for early
childhood education;
F. Availability and access of before- and after-
school programs;
G. Student participation and completion in secondary
and postsecondary vocational and technical education
programs by specific program area; and
H. Existence and use of school libraries;
(2) Conducting and publishing reports on the meaning of
statistics which the Center will be responsible for compiling;
(3) Collecting, analyzing, cross-tabulating, and reporting
disaggregated data;
(4) Assisting public and private educational agencies,
organizations, and institutions in improving and automating
statistical and data collection activities, including assisting
State educational agencies and local educational agencies with
the desegregation of data and with the development of
longitudinal student data systems;
(5) Determining standards and guidelines to assist State
educational agencies in developing statewide longitudinal data
systems to track individual student progress;
(6) Acquiring and disseminating data on educational
activities and student achievement in the United States
compared with foreign nations;
(7) Conducting longitudinal and special data collections to
report on the condition and progress of education;
(8) Assisting the Director in preparing the biennial
report; and
(9) Consulting with the National Research Council and the
National Academies on the methodology by which States can
accurately measure graduation rates;
The Commissioner may establish a training program or
fellowship program to train employees of public and private
educational agencies, organizations, and institutions in the
use of statistical procedures and concepts in order to assist
the Center in carrying out its duties.
Section 154. Performance of duties
The Statistics Commissioner may award grants, enter into
contracts and cooperative agreements and provide technical
assistance.
The Commissioner may also use sampling and random sampling
in order to gather information 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 other offices within the Institute and
by other Federal departments and agencies.
In order to collect statistics, the Commissioner may: enter
into interagency agreements; make arrangements with any agency,
organization or institution; and assign employees of the Center
to any such agency, organization, or institution to assist in
such collection.
The Statistics Commissioner shall provide technical
assistance and coordinate with other Department offices that
gather statistical data.
The grants, contracts, and cooperative agreements under
this section may be awarded on a competitive basis for not more
than 5 years, and at the discretion of the Commissioner, can be
renewed for an additional 5 years.
Section 155. Reports
The Statistics Commissioner shall establish procedures to
ensure that the reports issued are relevant, high quality,
useful, subject to peer review, produced in a timely fashion,
and free from partisan political influence.
The Commissioner shall submit to the President and
appropriate congressional committees a report on the condition
and progress of education across the country by June 1, 2003,
and each following June 1. In addition, the Commissioner shall
issue regular and special statistical reports on education
topics, particularly in the areas of reading, mathematics, and
science.
Section 156. Dissemination
The Statistics Center may furnish transcripts or copies of
tables and other statistical records and make compilations and
surveys for State and local officials, public and private
organizations and individuals. The Center shall provide State
education agencies, local educational agencies, and
institutions of higher education with opportunities to suggest
the establishment of particular compilations of statistics,
surveys, and analyses that will assist those educational
agencies.
The Statistics Center shall provide special statistical
compilations and surveys as the relevant congressional
committees may request.
The Statistics Center may engage in joint statistical
projects related to the mission of the Center or other
statistical purposes authorized by law with nonprofit
organization for agencies. The cost of such projects shall be
equally shared, as determined by the Director.
Statistical compilations and surveys that are carried out
by the Center, excluding both congressional requests and joint
statistical projects, may be made subject to the payment of the
actual or estimated cost of such work. All funds that are
received in payment for work or services may be used to pay the
costs directly or repay appropriations that initially bore all
or part of such costs, or to refund excess sums.
The Statistics Center shall cooperate with other Federal
agencies having a need for education data in providing access
to education data. The Center shall provide all interested
parties, including public and private agencies, parents, and
other individuals, direct access to data that they collect for
the purposes of research and acquiring statistical information.
Section 157. Cooperative Education Statistics Systems
The Statistics Center may establish one or more national
cooperative education statistics systems in order to produce
and maintain uniform information and data on education from
early childhood through adult education, including libraries,
which are useful for policymaking at the Federal, State and
local levels.
Section 158. State defined
In Part C, ``state'' is defined as each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.
PART D--NATIONAL CENTER FOR EDUCATION EVALUATION
Section 171. Establishment
In the Institute, there will be a National Center for
Education Evaluation, referred to as the ``Evaluation Center.''
The mission of the Evaluation Center shall be to conduct
evaluations of Federal education programs administered by the
Secretary, and determine the impact of such programs. The
Evaluation Center will focus on student achievement in core
academic areas and support the synthesis and dissemination of
results and encourage the use of scientifically valid education
evaluation throughout the country.
Section 172. Commissioner for Education Evaluation
The Evaluation Center shall be headed by a commissioner for
education evaluation. The Commissioner shall possess a capacity
for sustained productivity and leadership in conducting
scientifically valid education evaluations, and oversee all
evaluation activities. In addition, they shall establish a
methodology in reporting the findings to the public and
appropriate congressional committees. The Director may award
grants, enter into contracts and cooperative agreements, and
provide technical assistance, in order to carry out the duties
under this part.
Section 173. Duties
The Evaluation Centers may: evaluate the impact of Federal
education programs; support field-based evaluations of State
and local education programs; examine evaluations conducted or
supported by others to determine the quality and relevance of
evidence of effectiveness generated by those evaluations;
coordinate activities of the Center with other activities in
the Department; review and supplement Federal education program
evaluations to determine or enhance the quality and relevance
of the evidence gathered; and assist the Director in the
preparation of the biennial report.
The Evaluation Center shall adhere to the highest possible
standards of quality for conducting scientifically valid
education evaluation and be subject to peer review.
The Evaluation Commissioner shall administer all operations
and contracts associated with evaluations authorized by part E
of Title I of the Elementary and Secondary Education Act and
administered by the Department on the date of enactment of this
Act.
PART E--NATIONAL CENTER FOR KNOWLEDGE UTILIZATION IN EDUCATION
Section 175. National Center for Knowledge Utilization in Education
There is established in the Institute a National Center for
Knowledge Utilization in Education. The Center shall include
the ten regional education laboratories, the National Library
of Education and the Educational Resources Information Center.
The Center shall be headed by a commissioner, who is highly
qualified and shall: disseminate information on scientifically
valid research, statistics, and evaluation to State and local
educational agencies, institutions of higher education, the
public, media, voluntary organizations, professional
associations, and other constituencies; make information
accessible in a friendly, timely and efficient manner to
schools, institutions of higher education, educators, parents,
administrators, policymakers, researchers, public and private
entities, entities responsible for carrying out technical
assistance through the Department and the general public;
support regional laboratories in conducting, developing and
disseminating education research, while providing technical
assistance; manage the National Library of Education; and
assist the Director in the preparation of a biennial report.
The Center shall ensure that disseminated information is
cost-effective and non duplicative. It shall also include the
most recent research findings that support both the Educational
Resources Information Center (ERIC) and the clearinghouses to
address the topics covered by the Educational Resources
Information Center clearinghouses. The Center shall also
describe the type of scientific evidence that is used to
support the findings that are disseminated and clearly explain
the appropriate use of the funding and the evidence used to
support the findings. In addition, the Center shall respond to
inquiries from individuals or entities who are responsible for
carrying out technical assistance.
The Director shall continue awards for the support of the
Education Resources Information Center Clearinghouses and
contracts for regional education laboratories, for the duration
of those awards.
A National Library of Education shall continue within the
Center. The National Library of Education shall be headed by an
individual who is highly qualified in library science. The role
of the Library is to: collect and archive information; provide
a central location for information about education; provide
comprehensive reference services related to education to
employees of the Department of Education and its contractors
and grantees, to Federal employees and members of the public;
and promote greater cooperation and resource sharing among
providers and repositories of education information in the
United States.
The information collected and archived shall include:
products and publications developed through, or supported by
the Institute and other relevant and useful education-related
research, statistics, and evaluation materials that are
consistent with scientifically valid research, priorities of
the Institute, and developed by the Department and other
Federal agencies or entities.
Section 176. Regional Educational Laboratories for Research,
Development, Dissemination, and Technical Assistance
The Director shall enter into contracts with public or
private entities to establish a networked system of 10 regional
educational laboratories. The amount of assistance allocated to
each laboratory by the Commissioner, shall reflect the number
of local educational agencies and school-age children served by
such laboratory, including the cost of providing services
within the specific geographic areas. The regions served shall
be the 10 geographic regions already in existence.
The Director shall invite applicants, including those
already in existence, to compete for contracts through notice
in the Federal Register and the Federal Business Opportunities
publication. Each application submitted shall contain a 5-year
plan which addresses the needs of all States within the region
to be served.
In awarding contracts, the Director shall enter into a 5-
year contract and ensure that the regional educational
laboratories awarded have strong and effective governance,
organization, management, and administration, and employ
qualified staff.
The Commissioner shall share information about specific
regional education laboratories' activities with the Department
of Education, Director and Board; oversee a strategic plan
ensuring each laboratory increases collaboration and resource-
sharing activities; ensure that activities for each laboratory
serve national interests; and ensure that each laboratory
coordinates activities with the activities each other regional
technical assistance provider.
In conducting competitions for contracts, the Director
shall: actively encourage entities to compete by making
information and technical assistance available; and seek input
from chief executive officers, chief state school officers,
educators, and parents on the need for applied research,
dissemination, training, technical assistance, and development
activities and how those educational needs could be addressed
most effectively.
The Director shall design objectives and measurable
indicators to be used to assess programs or initiatives and
ongoing progress and performance of regional laboratories, to
ensure that education needs are being met. In addition, the
Knowledge Utilization Commissioner shall establish a system for
technical and peer review to ensure that research and products
are consistent with the Institute's standards.
Each regional education laboratory shall promote the
implementation of systemic school improvement strategies. The
laboratory's central mission and primary functions shall be to:
develop and disseminate education research products and
processes; develop a plan for identifying and serving the needs
of the region by conducting a continuing survey of needs;
provide technical assistance; serve needs by providing research
in usable forms; facilitate communication among those in
education to help develop a plan to meet State education goals;
providing training in education research, methods, practices
and techniques; use applied research to assist in solving site-
specific problems, including professional development and
effective parental involvement strategies; conduct applied
research projects designed to serve needs of the region;
collaborate and coordinate services with other technical
assistance providers funded by the Department of Education;
provide support and technical assistance in exemplary and
promising practices, curriculum frameworks, assessments,
professional development, technology, school finance systems,
and the development of administrative structures; and bring
experts together to develop and implement school improvement
plans and strategies.
Regional Educational Laboratories shall: collaborate with
the National Centers to maximize research, and to keep the
Centers apprised of their work and identify additional research
needs that they have identified in the field; consult with the
State educational agencies and library agencies in developing
plans; develop strategies to utilize schools as an important
component in reforming education and revitalizing rural
communities; report and disseminate information on overcoming
obstacles in high poverty urban and rural areas; and identify
successful education programs used in laboratories to be used
as models at the national level.
In carrying out its responsibilities, each regional
education laboratory shall establish a governing board. Each
board must have a balanced representation of states in the
region, interests of constituencies and technical expertise. It
should also include the Chief State School Officer or such
Officers' designee of each State represented as well as
nominations from state education and community organizations.
The governing board is not to be more than 10 percent
independently selected by the regional educational laboratory.
The governing board is the sole entity that guides and directs
the laboratory in carrying out the terms and conditions of the
award, determines the agenda engages in dialog with the
Knowledge Utilization Commissioner, and determines the mission
of the laboratory. The governing board shall also ensure that
the laboratory maintains a high level of quality and
established standards; direct the laboratory to carry out
duties that will make progress toward achieving State education
goals; and survey the education needs, strengths and weaknesses
by soliciting educators in the region.
The governing board shall establish and maintain a network
to: share information about activities; plan joint activities;
create a strategic plan for the development of activities to
reduce redundancy and increase collaboration and resource
sharing: and devise a way in which individual laboratories
could serve not just regional, but national needs.
Additionally, each Regional Educational Laboratory shall
conduct a biennial needs assessment of the region that it
serves.
Each Regional Educational Laboratory shall support applied
research, development dissemination and technical assistance
by: providing training and technical assistance to State
departments of education and school districts on the
implementation of the No Child Left Behind Act, and
scientifically valid research in education on teaching methods
and assessment tools in core academic subjects, English
language acquisition and education technology and communication
among those in the education field; dissemination of
information in many forms on closing the achievement gap and
sustaining school improvement to the education field and
National Center for Knowledge Utilization in Education;
carrying out applied research projects designed to address
specific needs in a user-friendly format to promote increased
student achievement; and supporting development activities
which will lead to increased knowledge on problems in
elementary and secondary education and access to postsecondary
education.
Each regional education laboratory shall coordinate its
activities, collaborate and exchange information with the
Secretary, the Director, the National Center for Knowledge
Utilization in Education, and other appropriate entities.
The Knowledge Utilization Commissioner shall provide for
the independent evaluations of each regional educational
laboratory in the third year in which the laboratory receives
assistance. The results shall be shared with relevant
committees of the Congress and the regional educational
laboratory governing boards.
No regional education laboratory shall be ineligible to
receive any other assistance from the Department of Education
as authorized by law or be prohibited from engaging in
activities involving international projects or endeavors.
Each regional education laboratory shall participate in the
advance payment system at the Department of Education. In
addition to authorized activities, the Director is authorized
to enter into contracts or agreements with laboratories to
carry out additional projects that enable them to assist in
efforts to achieve State education goals.
By July 1 of each year, regional education laboratories
shall submit to the Knowledge Utilization Commissioner a plan
describing the succeeding fiscal year, including a description
of plans the laboratory plans to submit in the remaining years
of their contract. It must also include an assessment of how
well they are meeting the needs of the region by listing:
activities, entities served, and products.
PART F--GENERAL PROVISIONS
Section 181. Interagency data sources and formats
The Secretary shall consult with the Director to ensure
that the Department and the Institute use common sources of
data in standardized formats.
Section 182. Prohibitions
This title does not authorize the establishment of a
nationwide database of individually identifiable information on
individuals involved in studies or other collections of data.
The title does not 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 or local educational agency, or
school, or mandate a State to spend any funds or incur any
costs not provided for under this title.
No funds provided under this title to the Institute, may be
used by the Institute to endorse, approve, or sanction any
curriculum or develop, pilot test, field test, implement,
administer, or distribute any federally sponsored national test
in reading, mathematics, or any other subject to be used in
elementary or secondary schools. The only exception shall be
made to international comparative assessments developed under
the authority of the National Education Statistics Act of 1994,
which is administered to only a representative sample of pupils
in the United States and in foreign nations.
Section 183. Confidentiality
The collection, maintenance, use and dissemination of data
by the Institute shall conform with the requirements of the
U.S. Code and the General Education Provisions Act. In
addition, the Director shall ensure that all individually
identifiable information collected about students remains
confidential in accordance with the U.S. Code and the General
Education Provisions Act.
Section 184. Availability of data
While taking into consideration section 183, data collected
by the Institute shall be made available to the public,
including through use of the Internet.
Section 185. Performance management
The Director shall ensure that all activities conducted
under this act make customer service a priority through the
following methods: establishing and improving feedback
mechanisms; disseminating information in a timely manner and in
user-friendly formats; utilizing modern technology;
establishing and measuring performance for quality purposes;
continuously improving management strategies and practices;
making information available to the public in an expeditious
fashion.
Section 186. Authority to publish
The Director may prepare and publish information for 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. The Director shall provide
offices of the Department with an opportunity to comment upon
reports of the Institute prior to publication. All information
from the Institute shall be subjected to rigorous peer review
before being published or made available to the public.
However, these provisions do not apply to: information on
current or proposed budgets, appropriations, or legislation;
information prohibited from disclosure by the law or
Constitution, classified national security information, or
information classified as confidential by the U.S. Code; and
review by officers of the United States in order to prevent the
unauthorized disclosure of information.
Section 187. Vacancies
A member appointed to fill a vacancy on the Board occurring
before expiration of the term, shall be appointed only for the
remainder of that term. The vacancy shall be filled in the same
manner in which the original appointment was made.
Section 188. Scientific or technical employees
The Director may appoint for 6 year terms, scientific or
technical employees to carry out functions of the Institute, or
the office, board, committee, or center, respectively, if: 30
days prior to the appointment, public notice is given of the
availability of such position and an opportunity is provided
for qualified individuals to apply and compete for such a
position; the rate of basic pay does not exceed the maximum
rate of basic pay payable for positions at GS-15; the
appointment is necessary, as determined by the Director, to
provide the Institute with scientific or technical expertise
which couldn't be obtained otherwise; and the total number of
such employees does not exceed 30 individuals or \1/5\ of the
number of full-time, regular scientific or professional
employees of the Institute, whichever is greater.
All scientific or technical employees shall work on
activities of the Institute, and shall not be reassigned to
other duties outside the Institute.
Section 189. Fellowships
The Director shall establish and maintain research,
evaluation, and statistics fellowships in higher education that
support graduate and postdoctoral study. The Director shall
ensure that women and minorities are actively recruited for
participation.
Section 190. Voluntary service
The Director may accept voluntary and uncompensated
services that are consistent with the priorities and mission of
the Institute.
Section 191. Rulemaking
Notwithstanding section 437(d) of the General Education
Provisions Act, the exemption for public property, loans,
grants, and benefits in section 553(a)(2) of title 5, U.S.
Code, shall apply to the Institute.
Section 192. Authorization of appropriations
$400,000,000 is authorized for fiscal year 2003 and such
sums as necessary for each of the 5 succeeding fiscal years
(except section 176B Regional Educational Laboratories). Of
which: not less than the amount provided to the National Center
for Education Statistics for fiscal year 2002 shall be provided
to the National Center for Education Statistics, as authorized
under part C; and not more than the lesser of 2 percent of such
funds or $1,000,000 shall be made to carry out section 116.
$120,000,000 is authorized to be appropriated for Regional
Education Laboratories for fiscal year 2003 and such sums as
may be necessary for each of the 5 succeeding fiscal years. For
a fiscal year, the Director shall obligate not less than 25
percent to carry out such purpose to rural areas.
Funds made available shall remain available until expended.
Title II--Regional Educational Technical Assistance
Section 201. Short title
This title may be cited as the ``Regional Assistance Act of
2002.''
Section 202. Definitions
Defines key terms in this title including: Local
educational agency; State educational agency; early childhood
educator; provider of early childhood services; and Secretary.
Section 203. Comprehensive Centers
Starting in fiscal year 2004, the Secretary is authorized
to award not less than 20 grants to a local entity or consortia
of entities, with expertise in providing technical assistance
and professional development in reading, mathematics, science,
and technology, to establish Comprehensive Centers.
Each Center established shall allocate resources to and
within each region which reflects regional needs, taking into
account poverty levels, cost of service in under-populated
areas, and special initiatives undertaken by States which may
require special assistance from the center.
Each Center shall work with state and local educational
agencies, and schools in the region where the Center is
located, on school improvement activities. Priority will be
given to: schools in the region with high percentages of
students from low-income families, as determined by the
Elementary and Secondary Education Act, including schools in
rural and urban areas receiving title I funding; local
educational agencies in the region with high percentages of
students from low-income families, as determined by the
Elementary and Secondary Education Act, including schools in
rural and urban areas; and schools in regions that have been
identified for school improvement under the Elementary and
Secondary Education Act.
A Comprehensive Center shall support professional
development and technical assistance activities by: providing
training, professional development and technical assistance
regarding the administration and implementation of programs
under the Elementary and Secondary Education Act and the use of
scientifically valid teaching methods and assessment tools for
core academic subjects, English language acquisition, education
technology, and the facilitation of communication between
education experts, school officials, teachers, parents and
librarians; and disseminating and providing information,
reports, and publications that are useful for improving
academic achievement, narrowing achievement gaps, and
sustaining school improvement.
Each center shall coordinate its activities and exchange
information with the regional educational laboratory in the
region, the National Center for KnowledgeUtilization in
Education, the Office of the Secretary, the State service agency, and
other technical assistance providers in their respective regions.
Each Comprehensive Center established shall have an
advisory board that will support the priorities of the Center
and advise the Center concerning its activities. The advisory
board shall consist of: the Chief State School Officers or
their designees in the region, or other State officials who
have the primary responsibility for elementary and secondary
education in the State; and not more than 15 other members who
are representative of educational interests in the region,
including local education agencies representatives serving both
urban and rural areas, representatives of institutions of
higher education, parents, practicing educators, business
representatives, and policymakers. It 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 with the State educational agency in selecting
additional members.
Section 204. Priorities and evaluations
The Secretary may establish priorities that directly
correspond with educational needs particular to the regions of
Comprehensive Centers. The Secretary shall provide for ongoing
independent evaluations of the Centers. The results shall be
transmitted to the appropriate congressional committees and the
Director of the U.S. Institute of Education Sciences. Included
in the evaluation shall be an analysis of services, the extent
to which the Centers meet their objectives, and whether
services meet the educational needs of State and local
educational agencies, and schools in their respective regions.
Section 205. Clearinghouses on education facilities
The Secretary shall award a 5 year grant or contract, on a
competitive basis, to create and maintain an education
facilities clearinghouse to collect and disseminate information
on effective educational practices and the latest research
regarding kindergarten through grade 12 school facilities
planning, design, financing, construction, operations, and
maintenance. $1,500,000 for fiscal year 2003, and such sums as
necessary for each of the 5 succeeding fiscal years is
authorized to be appropriated to carry out this section.
The Secretary shall also award a contract for the
Eisenhower National Clearinghouse for Mathematics and Science
Education as authorized in the Elementary and Secondary
Education Act.
Section 206. Existing technical assistance providers
The Secretary shall continue Eisenhower Regional
Mathematics and Science Education Consortia awards, in
accordance with the existing award.
Section 207. Study
In consultation with the National Academy of Sciences, the
Secretary shall conduct a study to determine the use of alcohol
or illegal narcotics as contributing factors to incidents of
school violence.
Section 208. Grant program for statewide, longitudinal data systems
The Secretary is authorized to award competitive grants to
State educational agencies to enable them to design and develop
statewide, longitudinal data systems to track individual
student progress based on a unique student identifier.
In awarding grants, the Secretary shall use a peer review
process that: ensures technical quality and student privacy;
promotes generation of data needed for States and local
education agencies to comply with the Elementary and Secondary
Education Act and facilitate research to improve student
academic achievement; gives priority to applications that meet
the standards and guidelines developed by the National Center
for Education Statistics.
Each State educational agency shall design and develop
statewide, longitudinal data systems to track individual
student progress based on a unique student identifier to comply
with the Elementary and Secondary Education Act, to facilitate
research to improve student achievement, and to be used for
other purposes. Funds shall be used to supplement, and not
supplant, other Federal, State or local funds used for
developing State data systems.
One year after enactment, and again 3 years after, 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,
States, and local efforts related to the goals. The report
shall include: the identification and analysis of State
practices regarding the development and use of statewide,
longitudinal data systems that track individual student
progress; evaluation of the interoperability of such systems;
and the best practices and areas of needed improvement.
Title III--National Assessment of Educational Progress
Section 301. Short title
This title may be referred to as the ``National Assessment
of Educational Progress Authorization Act.''
Section 302. Definitions
Defines key terms in this title including: Director and
State.
Section 303. Authorization of appropriations
For fiscal year 2003, $4,600,000 is authorized to carry out
section 302, as amended by section 401 of this act, relating to
the National Assessment Governing Board; and $107,500,000 to
carry our section 303 as amended by section 401 of this act,
relating to the National Assessment of Educational Progress.
Such sums as may be necessary for each of 5 succeeding fiscal
years to carry out sections 302 and 303, as amended by section
401. Amounts made available under this section shall remain
available unit expended.
Title IV--Amendatory Provisions
Section 401. Redesignations
Section 402. Amendments to the Department of Education Organization Act
Section 403. Repeals
The following provisions of law are repealed:
The National Education Statistics Act of 1994;
Parts A through E and K through N of the Educational
Research, Development, Dissemination, and Improvement
Act of 1994; and Section 401(b)(2) of the department of
Education Organization Act.
Section 404. Conforming and Technical Amendments
Made to the following bills:
Goals 2000: Educate America Act; Title 5, U.S. Code;
General Education Provisions Act; Elementary and
Secondary Education Act of 1965; and School-To-Work
Opportunities Act of 1994.
Section 405. Effective date
The act and amendments shall take effect on October 1,
2002.
Section 406. Orderly transition
The Secretary of Education shall take the necessary steps
to provide for the orderly transition to, and implementation of
the offices, boards, committees, and centers established or
authorized by this act and by the amendments made by this act.
X. Changes in Existing Law
In compliance with rule XXVI paragraph 12 of the Standing
Rules of the Senate, the following provides a print of the
statute or the part or section thereof to be amended or
replaced (existing law proposed to be omitted is enclosed in
black brackets, new matter is printed in italic, existing law
in which no change is proposed is shown in roman):
* * * * * * *
NATIONAL EDUCATION STATISTICS ACT OF 1994
* * * * * * *
SEC. 183. CONFIDENTIALITY.
(a) In General.-- * * *
* * * * * * *
(b) Student Information.-- * * *
* * * * * * *
[SEC. 408. CONFIDENTIALITY.]
[(a)] (c) Confidentiality Standards.--
(1) In general.--(A) The [Center] Director shall
develop and enforce standards designed to protect the
confidentiality of persons in the collection,
reporting, and publication of data under this title.
(B) This section shall not be construed to protect
the confidentiality of information about institutions,
organizations, and agencies that receive grants from,
or have contracts or cooperative agreements with, the
Federal Government.
(2) Prohibition.--No person may--
(A) use any individually identifiable
information furnished under this title for any
purpose other than a [statistical purpose]
research, statistics, or evaluation purpose
under this title;
(B) make any publication whereby the data
furnished by any particular person under this
title can be identified; or
(C) permit anyone other than the individuals
authorization by the [Commissioner] Director to
examine the individual reports.
[(b)] (d) Administration.--
[(1) In general.--No department, bureau, agency,
officer, or employee of the Federal Government, except
the [Commissioner] Director in carrying out the
purposes of this title, shall require, for any reason,
copies of reports that have been filed under this title
with the [Center] Director or retained by any
individual respondent. Copies of such reports that have
been so filed or retained with the [Center] Director or
any of the Center's employees, contractors, or agents
shall be immune from 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 administrative
proceeding. This paragraph shall apply only to
individually identifiable information (as defined in
paragraph (5)(A)).]
(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 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 administrative 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 information.
(2) Employee or staff violations.--Whoever, being or
having been an employee or staff member of the
Department, having taken or subscribed the oath of
office, or having sworn to observe the limitations
imposed by [subsection (a)(2)] subsection (c)(2);
knowingly publishes or communicates any individually
identifiable information (as defined in paragraph
(5)(A)), the disclosure of which is prohibited by
[subsection (a)(2)] subsection (c)(2), and that comes
into such employee or staff's possession by reason of
employment (or otherwise providing services) under this
title, shall be found guilty of a class E felony and
imprisoned for not more than five years, or fined as
specified in section 3571 of title 18, United States
Code, or both.
(3) Temporary staff.--The [Commissioner] Director may
utilize temporary staff, including employees of
Federal, State, or local agencies or instrumentalities
(including local educational agencies), and employees
of private organizations to assist the [Center]
Director in performing the [Center's] Director's
responsibilities, but only if such temporary staff are
sworn to observe the limitations imposed by this
section.
(4) Information requirements.--No collection of
information or data acquisition activity undertaken by
the [Center] Director shall be subject to any review,
coordination, or approval procedure except as required
by the Director of the Office of Management and Budget
under the rules and regulations established pursuant to
chapter 35 of title 44, United States Code, except such
collection of information or data acquisition activity
may be subject to review or coordination if the
[Commissioner] Director determines that such review or
coordination is beneficial.
(5) Definitions.--For the purposes of this section--
(A) the term ``individually identifiable
information'' means any record, response form,
completed survey, or aggregation thereof from
which information about particular individuals
may be revealed; and
(B) the term ``report'' means a response
provided by or about an individual to an
inquiry from the [Center] Director and does not
include a statistical aggregation from which
individually identifiable information cannot be
revealed.
(6) Violations.--Any person who uses any data
provided by the [Center] Director, in conjunction with
any other information or technique, to identify any
individual student, teacher, administrator, or other
individual and who knowingly discloses, publishes, or
uses such data for a purpose other than a statistical
purpose, or who otherwise violates subparagraph (A) or
(B) of [subsection (a)(2)] subsection (c)(2), shall be
found guilty of a class E felony and imprisoned for not
more than five years, or fined as specified in section
3571 of title 18, United States Code, or both.
(7) Access to reports or records.--Nothing in this
section shall restrict the right of the Secretary, the
Comptroller General of the United States, the Director
of the Congressional Budget Office, and the Librarian
of Congress, to gain access to any reports or other
records, including information identifying individuals,
in the [Center's] Director's possession, except that
the same restrictions on disclosure that apply under
paragraphs (1) and (6) shall apply to such individuals.
[(c)] (e) Investigation and Prosecution of Terrorism.--
(1) In general.--Notwithstanding subsections (a) and
(b), the Attorney General (or any Federal officer or
employee, in a position not lower than an Assistant
Attorney General, designated by the Attorney General)
may submit a written application to a court of
competent jurisdiction for an ex parte order requiring
the Secretary to permit the Attorney General (or his
designee) to--
(A) collect reports, records, and information
(including individually identifiable
information) in the possession of the [center]
Director that are relevant to an authorized
investigation or prosecution of an offense
listed in section 2332b(g)(5)(B) of title 18,
United States Code, or an act of domestic or
international terrorism as defined in section
2331 of that title; and
(B) for official purposes related to the
investigation or prosecution of an offense
described in paragraph (1)(A), retain,
disseminate, and use (including as evidence at
trial or in other administrative or judicial
proceedings) such information, consistent with
such guidelines as the Attorney General, after
consultation with the Secretary, shall issue to
protect confidentiality.
* * * * * * *
SEC. 301. SHORT TITLE.
This title may be referred to as the ``National Assessment
of Educational Progress Authorization Act''.
SEC. [412.] 302. NATIONAL ASSESSMENT GOVERNING BOARD.
(a) Establishment.--There is established the National
Assessment Governing Board (hereafter in this title [referred
to as the ``Board''] referred to as the ``Assessment Board''),
which shall formulate policy guidelines for the National
Assessment (carried out under section 303).
(b) Membership.--
(1) Appointment and composition.--The [Board]
Assessment Board shall be appointed by the Secretary
and be composed as follows:
(A) Two Governors, or former Governors, who
shall not be members of the same political
party.
(B) Two State legislators, who shall not be
members of the same political party.
(C) Two chief State school officers.
(D) One superintendent of a local educational
agency.
(E) One member of a State board of education.
(F) One member of a local board of education.
(G) Three classroom teachers representing the
grade levels at which the National Assessment
is conducted.
(H) One representative of business or
industry.
(I) Two curriculum specialists.
(J) Three testing and measurement experts,
who shall have training and experience in the
field of testing and measurement.
(K) One nonpublic school administrator or
policy-maker.
(L) Two school principals, of whom one shall
be an elementary school principal and one shall
be a secondary school principal.
(M) Two parents who are not employed by a
local, State or Federal educational agency.
(N) Two additional members who are
representatives of the general public, and who
may be parents, but who are not employed by a
local, State, or Federal educational agency.
(2) [Assistant secretary for educational research]
Director of the united states institute for education
sciences.--The [Assistant Secretary for Educational
Research and Improvement] Director of the United States
Institute for Education Sciences shall serve as an ex
officio, nonvoting member of the [Board] Assessment
Board.
(3) Balance and diversity.--The Secretary and the
[Board] Assessment Board shall ensure at all times that
the membership of the [Board] Assessment Board reflects
regional, racial, gender, and cultural balance and
diversity and that the [Board] Assessment Board
exercises its independent judgment, free from
inappropriate influences and special interests.
(c) Terms.--
(1) In general.--Terms of service of members of the
[Board] Assessment Board shall be staggered and may not
exceed a period of 4 years, as determined by the
Secretary.
(2) Service limitation.--Members of the [Board]
Assessment Board may serve not more than two terms.
(3) Change of status.--A member of the [Board]
Assessment Board who changes status under subsection
(b) during the term of the appointment of the member
may continue to serve as a member until the expiration
of such term.
(4) Conforming provision.--Members of the [Board]
Assessment Board previously granted 3 year terms, whose
terms are in effect on the date of enactment of the
Department of Education Appropriations Act, 2001, shall
have their terms extended by 1 year.
(d) Vacancies.--
(1) In general.--
(A) Organizations.--The Secretary shall
appoint new members to fill vacancies on the
[Board] Assessment Board from among individuals
who are nominated by organizations representing
the type of individuals described in subsection
(b)(1) with respect to which the vacancy
exists.
(B) Nominations.--Each organization
submitting nominations to the Secretary with
respect to a particular vacancy shall nominate
for such vacancy six individuals who are
qualified by experience or training to fill the
particular [Board] Assessment Board vacancy.
(C) Maintenance of board.--The Secretary's
appointments shall maintain the composition,
diversity, and balance of the [Board]
Assessment Board required under subsection (b).
(2) Additional nominations.--The Secretary may
request that each organization described in paragraph
(1)(A) submit additional nominations if the Secretary
determines that none of the individuals nominated by
such organization have appropriate knowledge or
expertise.
(e) Duties.--
(1) In general.--In carrying out its functions under
this section the [Board] Assessment Board shall--
(A) select the subject areas to be assessed
(consistent with [section 411(b)] section
303(b)];
(B) develop appropriate student achievement
levels as provided in section [411(e)] section
303(e);
(C) develop assessment objectives consistent
with the requirements of this section and test
specifications that produce an assessment that
is valid and reliable, and are based on
relevant widely accepted professional
standards;
(D) develop a process for review of the
assessment which includes the active
participation of teachers, curriculum
specialists, local school administrators,
parents, and concerned members of the public;
(E) design the methodology of the assessment
to ensure that assessment items are valid and
reliable, in consultation with appropriate
technical experts in measurement and
assessment, content and subject matter,
sampling, and other technical experts who
engage in large scale surveys[, including the
Advisory Council established under section
407];
(F) consistent with [section 411] section
303, measure student academic achievement in
grades 4, 8, and 12 in the authorized academic
subjects;
(G) develop guidelines for reporting and
disseminating results;
(H) develop standards and procedures for
regional and national comparisons; [and]
(I) take appropriate actions needed to
improve the form, content, use, and reporting
of results of any assessment authorized by
[section 411] section 303 consistent with the
provisions of this section and [section 411.]
section 303; and
(J) oversee the release to the public of
National Assessment of Educational Progress
data.
(2) Delegation.--The [Board] Assessment Board may
delegate any of the Board's procedural and
administrative functions to its staff.
(3) All cognitive and noncognitive assessment
items.--The [Board] Assessment Board shall have final
authority on the appropriateness of all assessment
items.
(4) Prohibition against bias.--The [Board] Assessment
Board shall take steps to ensure that all items
selected for use in the National Assessment are free
from racial, cultural, gender, or regional bias and are
secular, neutral, and non-ideological.
(5) Technical.--In carrying out the duties required
by paragraph (1), the [Board] Assessment Board may seek
technical advice, as appropriate, from the
[Commissioner] Commissioner for Education Statistics
[and the Advisory Council on Education Statistics] and
other experts.
(6) Report.--Not later than 90 days after an
evaluation of the student achievement levels under
section [411(e)] section 303(e), the [Board] Assessment
Board shall make a report to the Secretary, of the
Committee on Education and Workforce of the House of
Representatives, and the Committee on Health,
Education, Labor, and Pensions of the Senate describing
the steps the [Board] Assessment Board is taking to
respond to each of the recommendations contained in
such evaluation.
(f) Personnel.--
(1) In general.--In the exercise of its
responsibilities, the [Board] Assessment Board shall be
independent of the Secretary and the other offices and
officers of the Department.
(2) Staff.--
(A) In general.--The Secretary may appoint,
at the request of the [Board] Assessment Board,
such staff as will enable the [Board]
Assessment Board to carry out its
responsibilities.
(B) Technical employees.--Such appointments
may include, for terms not to exceed 3 years
and without regard to the provisions of title
5, United States Code, governing appointments
in the competitive service, not more than six
technical employees who may be paid 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.
(g) Coordination.--The [Commissioner] Commissioner for
Education Statistics and the [Board] Assessment Board shall
meet periodically--
(1) to ensure coordination of their duties and
activities relating to the National Assessment; and
(2) for the [Commissioner] Commissioner for Education
Statistics to report to the [Board] Assessment Board on
the Department's actions to implement the decisions for
the [Board] Assessment Board.
(h) Administration.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply with respect to the [Board]
Assessment Board other than sections 10, 11, and 12 of such
Act. Enacted January 8, 2002, P.L. 107-110, 115 Stat. 1425.
* * * * * * *
SEC. [411] (303.) NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.
(a) Establishment.--The [Commissioner] Commissioner for
Education Statistics shall, with the advice of the [National
Assessment Governing Board] Assessment Board established under
[section 412] section 302, [and with the technical assistance
of the Advisory Council established under section 407,] carry
out, through grants, contracts, or cooperative agreements with
one or more qualified organizations, or consortia thereof, a
National Assessment of Educational Progress, which collectively
refers to a national assessment, State assessments, and a long-
term trend assessment in reading and mathematics.
(b) Purpose; State Assessments.--
(1) Purpose.--The purpose of this section is to
provide, in a timely manner, a fair and accurate
measurement of student academic achievement and
reporting of trends in such achievement in reading,
mathematics, and other subject matter as specified in
this section.
(2) Measurement and reporting.--The [Commissioner]
Commissioner for Education Statistics, in carrying out
the measurement and reporting described in paragraph
(1), shall--
(A) use a random sampling process which is
consistent with relevant, widely accepted
professional assessment standards and that
produces data that are representative on a
national and regional basis;
(B) conduct a national assessment and collect
and report assessment data, including
achievement data trends, in a valid and
reliable manner on student academic achievement
in public and private elementary schools and
secondary schools at least once every 2 years,
in grades 4 and 8 in reading and mathematics;
* * * * * * *
(3) State assessments.--
(A) In general.--The [Commissioner]
Commissioner for Education Statistics--
(i) shall conduct biennial State
academic assessments of student
achievement in reading and mathematics
in grades 4 and 8 as described in
[paragraphs (1)(B) and (1)(E)]
paragraphs (2)(B) and (2)(E);
(ii) may conduct the State academic
assessments of student achievement in
reading and mathematics in grade 12 as
described in [paragraph (1)(C)]
paragraph (2)(C);
(iii) may conduct State academic
assessments of student achievement in
grades 4, 8, and 12 as described in
[paragraph (1)(D)] paragraph (2)(D);
and
(iv) shall conduct each such State
assessment, in each subject area and at
each grade level, on a developmental
basis until the [Commissioner]
Commissioner for Education Statistics
determines, as the result of an
evaluation required by subsection (f),
that such assessment produces high
quality data that are valid and
reliable.
* * * * * * *
(5) Requirement.--In carrying out any assessment
authorized under this section, the [Commissioner]
Commissioner for Education Statistics, in a manner
consistent with subsection [(c)(2)] (c)(3), shall--
(A) use widely accepted professional testing
standards, objectively measure academic
achievement, knowledge, and skills, and ensure
that any academic assessment authorized under
this section be tests that do not evaluate or
assess personal or family beliefs and attitudes
or publicly disclose personally identifiable
information;
(B) only collect information that is directly
related to the appraisal of academic
achievement, and to the fair and accurate
presentation of such information; and
(C) collect information on race, ethnicity,
socioeconomic status, disability, limited
English proficiency, and gender.
(6) Technical assistance.--In carrying out any
assessment authorized under this section, the
[Commissioner] Commissioner for Education Statistics
may provide technical assistance to States, localities,
and other parties.
(c) Access.--
(1) Public access.--
(A) In general.--Except as provided in
paragraph (3), parents and members of the
public shall have access to all assessment
data, questions, and complete and current
assessment instruments of any assessment
authorized under this section. The local
educational agency shall make reasonable
efforts to inform parents and members of the
public about the access required under this
paragraph.
(B) Timeline.--The access described in this
paragraph shall be provided within 45 days of
the date the request was made, in writing, and
be made available in a secure setting that is
convenient to both parties.
(C) Prohibition.--To protect the integrity of
the assessment, no copy of the assessment items
or assessment instruments shall be duplicated
or taken from the secure setting.
(2) Complaints.--
(A) In general.--Parents and members of the
public may submit written complaints to the
[National Assessment Governing Board]
Assessment Board.
(B) Forwarding of complaints.--The [National
Assessment Governing Board] Assessment Board
shall forward such complaints to the
[Commissioner] Commissioner for Education
Statistics, the Secretary of Education, and the
State and local educational agency from within
which the complaint originated within 30 days
of receipt of such complaint.
(C) Review.--The [National Assessment
Governing Board] Assessment Board, in
consultation with the [Commissioner]
Commissioner for Education Statistics, shall
review such complaint and determine whether
revisions are necessary and appropriate. As
determined by such review, the Board shall
revise, as necessary and appropriate, the
procedures or assessment items that have
generated the complaint and respond to the
individual submitting the complaint, with a
copy of such response provided to the
Secretary, describing any action taken, not
later than 30 days after so acting.
(D) Report.--The Secretary shall submit a
summary report of all complaints received
pursuant to subparagraph (A) and responses by
the [National Assessment Governing Board]
Assessment Board pursuant to [subparagraph (B)]
subparagraph (C) to the Chairman of the House
Committee on Education and the Workforce, and
the Chairman of the Senate Committee on Health,
Education, Labor, and Pensions.
(E) Cognitive questions.--
(i) In general.--The [Commissioner]
Commissioner for Education Statistics
may decline to make available through
public means, such as posting on the
Internet, distribution to the media,
distribution through public agencies,
or in response to a request under
section 552 of title 5, United States
Code, for a period, not to exceed 10
years after initial use, cognitive
questions that the [Commissioner]
Commissioner for Education Statistics
intends to reuse in the future.
(ii) Extension.--Notwithstanding
clause (i), the [Commissioner]
Commissioner for Education Statistics
may decline to make cognitive questions
available as described in clause (i)
for a period longer than 10 years if
the [Commissioner] Commissioner for
Education Statistics determines such
additional period is necessary to
protect the security and integrity of
long-term trend data.
(3) Personally identifiable information.--
(A) In general.--The [Commissioner]
Commissioner for Education Statistics shall
ensure that all personally identifiable
information about students, their academic
achievement, and their families, and that
information with respect to individual schools,
remains confidential, in accordance with
section 552a of title 5, United States Code.
(B) Prohibition.--The [National Board]
Assessment Board, the [Commissioner]
Commissioner for Education Statistics, and any
contractor or subcontractor shall not maintain
any system of records containing a student's
name, birth information, Social Security
number, or parents' name or names, or any other
personally identifiable information.
(4) Penalties.--Any unauthorized person who knowingly
discloses, publishes, or uses assessment questions, or
complete and current assessment instruments of any
assessment authorized under this section may be fined
as specified in section 3571 of title 18, United States
Code or charged with a class E felony.
* * * * * * *
(e) Student Achievement Levels.--
(1) Achievement levels.--The [National Assessment
Governing Board] Assessment Board shall develop
appropriate student achievement levels for each grade
or age in each subject area to be tested under
assessments authorized under this section, except the
trend assessment described in subsection (b)(2)(F).
(2) Determination of levels.--
(A) In general.--Such levels shall--
(i) be determined by--
(I) identifying the knowledge
that can be measured and
verified objectively using
widely accepted professional
assessment standards; and
(II) developing achievement
levels that are consistent with
relevant widely accepted
professional assessment
standards and based on the
appropriate level of subject
matter knowledge for grade
levels to be assessed, or the
age of the students, as the
case may be.
(B) National consensus approach.--After the
determinations described in subparagraph (A),
devising a national consensus approach.
(C) Trial basis.--The achievement levels
shall be used on a trial basis until the
[Commissioner] Commissioner for Education
Statistics determines, as a result of an
evaluation under subsection (f), that such
levels are reasonable, valid, and informative
to the public.
(D) Status.--The [Commissioner] Commissioner
for Education Statistics and the Board shall
ensure that reports using such levels on a
trial basis do so in a manner that makes clear
the status of such levels.
(E) Updates.--Such levels shall be updated as
appropriate by the [National Assessment
Governing Board] Assessment Board in
consultation with the [Commissoner]
Commissioner for Education Statistics.
(3) Reporting.--After determining that such levels
are reasonable, valid, and informative to the public,
as the result of an evaluation under subsection (f),
the [Commissioner] Commissioner for Education
Statistics shall use such levels or other methods or
indicators for reporting results of the National
Assessment and State assessments.
(4) Review.--The [National Assessment Governing
Board] Assessment Board shall provide for a review of
any trial student achievement levels under development
by representatives of State educational agencies or the
chief State school officer in a manner consistent with
subsection (c), except the review described in
[subparagraph (2)(C)] paragraph (2)(C) of such
subsection shall take place in consultation with the
representatives described in this paragraph.
(f) Review of National and State Assessments.--
(1) Review.--
(A) In general.--The Secretary shall provide
for continuing review of any assessment
authorized under this section, and student
achievement levels, by one or more professional
assessment evaluation organizations.
(B) Issues addressed.--Such continuing review
shall address--
(i) whether any authorized assessment
is properly administered, produces high
quality data that are valid and
reliable, is consistent with relevant
widely accepted professional assessment
standards, and produces data on student
achievement that are not otherwise
available to the State (other than data
comparing participating States to each
other and the Nation);
(ii) whether student achievement
levels are reasonable, valid, reliable,
and informative to the public;--
(iii) whether any authorized
assessment is being administered as a
random sample and is reporting the
trends in academic achievement in a
valid and reliable manner in the
subject areas being assessed;
(iv) whether any of the test
questions are biased, as described in
[section 412(e)(4)] section 302(e)(4);
and
(v) whether the appropriate
authorized assessments are measuring,
consistent with this section, reading
ability and mathematical knowledge.
(2) Report.--The Secretary shall report to the
Committee on Education and the Workforce of the House
of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate, the
President, and the Nation on the findings and
recommendations of such reviews.
(3) Use of findings and recommendations.--The
[Commissioner] Commissioner for Education Statistics
and the [National Assessment Governing Board]
Assessment Board shall consider the findings and
recommendations of such reviews in designing the
competition to select the organization, or
organizations, through which the [Commissioner]
Commissioner for Education Statistics carries out the
National Assessment.
* * * * * * *
SECTION 1. TABLE OF CONTENTS.
* * * * * * *
TITLE II--REGIONAL EDUCATIONAL TECHNICAL ASSISTANCE
* * * * * * *
[TITLE III--NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS
[Sec. 301. Short title.
[Sec. 302. Definitions.
[Sec. 303. Authorization of appropriations.]
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. [302] 304. DEFINITIONS.
In this title:
(1) * * *
* * * * * * *
SEC. [303] 305. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.-- * * *
* * * * * * *
DEPARTMENT OF EDUCATION ORGANIZATION ACT
* * * * * * *
Section 1. This Act may be cited as the ``Department of
Education Organization Act''.
TABLE OF CONTENTS
Sec. 1. Short title; table of contents.
TITLE I--GENERAL PROVISIONS
* * * * * * *
TITLE II--ESTABLISHMENT OF THE DEPARTMENT
* * * * * * *
[Sec. 208. Office of Educational Research and Improvement.]
Sec. 208. United States Institute for Education Sciences.
Sec. 202. (a)(1) * * *
* * * * * * *
(b)(1) There shall be in the Department-- * * *
* * * * * * *
[(4) There shall be in the Department an Assistant
Secretary for Educational Research and Improvement who
shall be--
[(A) appointed by the President, by and with
the consent of the Senate; and
[(B) selected (giving due consideration to
recommendations from the National Educational
Research Policy and Priorities Board) from
among individuals who--
[(i) are distinguished educational
researchers or practitioners;
[(ii) have proven management ability;
and
[(iii) have substantial knowledge of
education within the United States.]
(4) There shall be in the Department a Director of
the United States Institute for 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.
* * * * * * *
[Sec. 208. There shall be in the Department an Office of
Educational Research and Improvement, to be administered by the
Assistant Secretary for Educational Research and Improvement
appointed under section 202(b). The Assistant Secretary shall
administer such functions concerning research, development,
demonstration, dissemination, evaluation, and assessment
activities as the Secretary shall delegate and such functions
as set forth in the Educational Research, Development,
Dissemination, and Improvement Act of 1994.]
UNITED STATES INSTITUTE FOR EDUCATION SCIENCES
Sec. 208. There shall be in the Department of Education the
United States Institute for 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.
GOALS 2000: EDUCATE AMERICA ACT
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS
(a) Short Title.--This Act (other than titles V and IX) may
be cited as the ``Goals 2000: Educate America Act''.
(b) Table of Contents.--The table of contents is as
follows:
* * * * * * *
TITLE IX--EDUCATIONAL RESEARCH AND IMPROVEMENT
Sec. 901. Short title.
Sec. 902. Findings.
[Part A--General Provisions Regarding the Office of Educational Research
and Improvement
[Sec. 911. Repeal.
[Sec. 912. Office of Educational Research and Improvement.
[Sec. 913. Assistant Secretary for Educational Research and Improvement.
[Sec. 914. Savings provision.
[Sec. 915. Existing grants and contracts.
[Part B--National Educational Research Policy and Priorities Board
[Sec. 921. Establishment within Office of Educational Research and
Improvement.
[Part C--National Research Institutes
[Sec. 931. Establishment within the Office of Educational Research and
Improvement.
[Part D--National Education Dissemination System
[Sec. 941. Establishment within Office of Educational Research and
Improvement.
[Part E--National Library of Education
[Sec. 951. Establishment within Office of Educational Research and
Improvement.]
TITLE 5, UNITED STATES CODE
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Sec. 5315. POSITIONS AT LEVEL IV
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GENERAL EDUCATION PROVISIONS ACT
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SEC. 447. PROHIBITION OF FEDERALLY SPONSORED TESTING.
(a) General Prohibition.--Notwithstanding any other
provision of Federal law and except as provided in subsection
(b), no funds provided to the Department of Education or to an
applicable program, may be used to pilot test, field test,
implement, administer or distribute in any way any federally
sponsored national test in reading, mathematics, or any other
subject that is not specifically and explicitly provided for in
authorizing legislation enacted into law.
(b) Exceptions.--Subsection (a) shall not apply to the
Third International Mathematics and Science Study or other
international comparative assessments developed under the
authority of [section 404(a)(6) of the National Education
Statistics Act of 1994 (20 U.S.C. 9003(a)(6))] section
153(a)(6) of the Education Sciences Reform Act of 2002 and
administered to only a representative sample of pupils in the
United States and in foreign nations.
ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965
* * * * * * *
SEC. 1111. STATE PLANS.
(a) Plans Required.-- * * *
* * * * * * *
(c) Other Provisions To Support Teaching and Learning.--
Each State plan shall contain assurances that-- * * *
* * * * * * *
(2) the State will, beginning in school year 2002-
2003, participate in biennial State academic
assessments of 4th and 8th grade reading and
mathematics under the National Assessment of
Educational Progress carried out under [section
411(b)(2) of the National Education Statistics Act of
1994] section 303(b)(2) of the National Assessment of
Educational Progress Authorization Act if the Secretary
pays the costs of administering such assessments;
SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.
(a) Plans Required.-- * * *
* * * * * * *
(b) Plan Provisions.--
(1) In general.--In order to help low-achieving
children meet challenging achievement academic
standards, each local educational agency plan shall
include--
(A) a description of high-quality student
academic assessments, if any, that are in
addition to the academic assessments described
in the State plan under section 1111(b)(3),
that the local educational agency and schools
served under this part will use-- * * *
* * * * * * *
(F) an assurance that the local educational
agency will participate, if selected, in the
State National Assessment of Educational
Progress in 4th and 8th grade reading and
mathematics carried out under section
[411(b)(2) of the National Education Statistics
Act of 1994] section 303(b)(2) of the National
Assessment of Educational Progress
Authorization Act;
* * * * * * *
SEC. 1117. SCHOOL SUPPORT AND RECOGNITION.
(a) System for Support.--
(1) In general.-- * * *
* * * * * * *
(3) Regional centers.--Such a statewide system shall,
to the extent practicable, work with and receive
support and assistance from regional educational
laboratories established under part E of the Education
Sciences Reform Act of 2002 and comprehensive centers
established under the Regional Assistance Act of 2002
and the comprehensive regional technical assistance
centers and the regional educational laboratories under
section 941(h) of the Educational Research,
Development, Dissemination, and Improvement Act of 1994
(as such section existed on the day before the date of
enactment of the Education Sciences Reform Act of
2002), or other providers of technical assistance.
SEC. 1501. EVALUATIONS.
(a) National Assessment of Title I.--
(1) In general.-- * * *
* * * * * * *
(3) Sources of information.--In conducting the
assessment under this subsection, the Secretary shall
use information from a variety of sources, including
the National Assessment of Educational Progress
(carried out under [section 411 of the National
Education Statistics Act of 1994] section 303 of the
National Assessment of Educational Progress
Authorization Act), State evaluations, and other
research studies.
* * * * * * *
SEC. 3222. RESEARCH.
(a) Administration.--The Secretary shall conduct research
activities authorized by this subpart through the [Office of
Educational Research and Improvement] United States Institute
for Education Sciences in coordination and collaboration with
the Office of English Language Acquisition, Language
Enhancement, and Academic Achievement for Limited English
Proficient Students.
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SEC. 3303. NATIONAL CLEARINGHOUSE.
The Secretary shall establish and support the operation of
a National Clearinghouse for English Language Acquisition and
Language Instruction Educational Programs, which shall collect,
analyze, synthesize, and disseminate information about language
instruction educational programs for limited English proficient
children, and related programs. The National Clearinghouse
shall--
(1) be administered as an adjunct clearinghouse of
the Educational Resources Information Center
Clearinghouses system supported by the [Office of
Educational Research and Improvement] United States
Institute for Education Sciences;
* * * * * * *
SEC. 5464. AUTHORIZED PROGRAMS.
(a) Establishment of Program.--
(1) In general.--
* * * * * * *
(e) Coordination.--Scientifically based research activities
supported under this supart--
(1) shall be carried out in consultation with the
[Office of Educational Research and Improvement] United
States Institute for Education Sciences to ensure that
such activities are coordinated with and enhance the
research and development activities supported by [such
Office] such Institute; and
(2) may include collaborative scientifically based
research activities which are jointly funded and
carried out with [such Office] such Institute.
* * * * * * *
SEC. 5613. PROGRAMS AUTHORIZED.
(a) In General.--The Secretary is authorized--
(1) to promote, coordinate, and evaluate gender
equity policies, programs, activities, and initiatives
in all Federal education programs and offices;
(2) to develop, maintain, and disseminate materials,
resources, analyses, and research relating to education
equity for women and girls;
(3) to provide information and technical assistance
to assure the effective implementation of gender equity
programs;
(4) to coordinate gender equity programs and
activities with other Federal agencies with
jurisdiction over education and related programs;
(5) to assist the [the Assistant Secretary of the
Office of Educational and Research and Improvement]
Director of the United States Institute for Educational
Sciences in identifying research priorities related to
education equity for women and girls; and
(6) to perform any other activities consistent with
achieving the purposes of this subpart.
(b) Grants Authorized.--
(1) In general.--The Secretary is authorized to award
grants to, and enter into contracts and cooperative
agreements with, public agencies, private nonprofit
agencies, organizations, institutions, student groups,
community groups, and individuals, for a period not to
exceed 4 years, to--
(A) provide grants to develop model equity
programs; and
(B) provide funds for the implementation of
equity programs in schools throughout the
Nation.
(2) Support and technical assistance.--To achieve the
purposes of this subpart, the Secretary is authorized
to provide support and technical assistance--
(A) to implement effective gender-equity
policies and programs at all educational
levels, including-- * * *
* * * * * * *
(B) for research and development, which shall
be coordinated with each of the [research
institutes of the Office of Educational
Research and Improvement] National Education
Centers of the United States Institute for
Education Sciences to avoid duplication of
research efforts, designed to advance gender
equity nationwide and to help make policies and
practices in * * *
* * * * * * *
SEC. 5615. CRITERIA AND PRIORITIES.
(a) Criteria and Priorities.--
(1) In general.-- * * *
* * * * * * *
(d) Coordination.--Research activities support under this
subpart--
(1) shall be carried out in consultation with the
[Office of Education Research and Improvement] United
States Institute for Education Sciences to ensure that
such activities are coordinated with and enhance the
research and development activities supported [by the
Office] by the Institute; and
(2) may include collaborative research activities
which are jointly funded and carried out with the
[Office of Educational Research and Improvement] United
States Institute for Education Sciences.
(3) Limitation.--Nothing in this subpart shall be construed
as prohibiting men and boys from participating in any programs
or activities assisted with funds under this subpart.
* * * * * * *
SEC. 7131. [20 U.S.C. 7451] NATIONAL RESEARCH ACTIVITIES.
(a) Authorized Activities.-- * * *
* * * * * * *
(c) Coordination.--Research activities supported under this
section--
(1) shall be carried out in consultation with the
[Office of Educational Research and Improvement] United
States Institute for Education Sciences to ensure that
such activities are coordinated with and enhance the
research and development activities supported [by the
Office] by the Insitute; and
(2) may include collaborative research activities
that are jointly funded and carried out [by the Office]
by the Institute of Indian Education Programs and the
[Office of Educational Research and Improvement] United
States Institute for Education Sciences.
SEC. 9529. PROHIBITION ON FEDERALLY SPONSORED TESTING.
(a) General Prohibition.--Notwithstanding any other
provision of Federal law and expect as provided in subsection
(b), no funds provided under this Act to the Secretary or to
the recipient of any award may be used to develop, pilot test,
field test, implement, administer, or distribute any federally
sponsored national test in reading, mathematics, or any other
subject, unless specifically and explicitly authorized by law.
(b) Exceptions.--Subsection (a) shall not apply to
international comparative assessments developed under the
authority of [section 404(a)(6) of the National Education
Statistics Act of 1994] section 153(a)(5) of the Education
Sciences Reform Act of 2002 and administered to only a
representative sample of pupils in the United States and in
foreign nations.
SEC. 404. CAPACITY BUILDING AND INFORMATION AND DISSEMINATION NETWORK.
The Secretaries, acting through such mechanisms as the
Capacity Building and Information and Dissemination Network
established under section 453(b) of the Job Training
Partnership Act (29 U.S.C. 1733(b)), the Educational Resources
Information Center Clearinghouses referred to in the
Educational Research, Development, Dissemination, and
Improvement Act of 1994 (as such Act existed on the day before
the date of enactment of the Education Sciences Reform Act of
2002), and the National Network for curriculum Coordination in
Vocational and Technical Education under section 402(c) of the
Carl D. Perkins Vocational and Applied Technology Education Act
(20 U.S.C. 2402(c)), shall-- * * *
* * * * * * *