[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1263 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1263

   To establish requirements regarding national tests in reading and 
                              mathematics.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 7, 1997

 Mr. Bingaman introduced the following bill; which was read twice and 
         referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
   To establish requirements regarding national tests in reading and 
                              mathematics.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. NATIONAL TESTS.

    (a) OERI Annual Spending Plan.--Notwithstanding any other provision 
of law, the Assistant Secretary for Educational Research and 
Improvement shall submit to the Committee on Appropriations of the 
Senate a spending plan for activities funded through the Office of 
Educational Research and Improvement for each fiscal year, prior to the 
obligation of any funds for the fiscal year.
    (b) Exclusive Authority.--Notwithstanding any other provision of 
law, the National Assessment Governing Board established under section 
412 of the National Education Statistics Act of 1994 (20 U.S.C. 9011) 
(hereafter in this section referred to as the ``Board'') shall 
hereafter have exclusive authority over all policies, direction, and 
guidelines for establishing and implementing voluntary national tests 
for 4th grade English reading and 8th grade mathematics.
    (c) Availability.--The tests described in subsection (b) shall be 
made available to a State, local educational agency, or private or 
parochial school, upon the request of the State, agency, or school, and 
the use of the tests shall not be a condition for receiving any Federal 
funds.
    (d) Contract.--
            (1) In general.--Within 90 days after the date of enactment 
        of this Act, the Board shall review the national test 
        development contract in effect on the date of enactment of this 
        Act, and modify the contract as the Board determines necessary. 
        If the contract cannot be modified to the extent determined 
        necessary by the Board, the contract shall be terminated and 
        the Board shall negotiate a new contract, under the Board's 
        exclusive control, for the tests.
            (2) Board duties.--In exercising the Board's 
        responsibilities under paragraph (1) regarding the national 
        tests, and notwithstanding any action undertaken by the 
        Department of Education or a person contracting with or 
        providing services for the Department regarding the planning, 
        or the development of specifications, for the tests, the Board 
        shall--
                    (A) ensure that the content and standards for the 
                tests are the same as the content and standards for the 
                National Assessment;
                    (B) exercise exclusive authority over any expert 
                panel or advisory committee that will be or is 
                established with respect to the tests;
                    (C) ensure that the tests are linked to the 
                National Assessment to the maximum degree possible ;
                    (D) develop test objectives, test specifications, 
                and test methodology;
                    (E) develop policies for test administration, 
                including guidelines for inclusion of, and 
                accommodations for, students with disabilities and 
                students with limited English proficiency;
                    (F) develop policies for reporting test results, 
                including the use of standards or performance levels, 
                and for test use;
                    (G) have final authority over the appropriateness 
                of all test items;
                    (H) ensure that all items selected for use on the 
                tests are free from racial, cultural, or gender bias; 
                and
                    (I) take such actions and make such policies as the 
                Board determines necessary.
    (e) Consent Required.--No State or local educational agency may 
require any private or parochial school student, or home-schooled 
individual, to take any test developed under this Act without the 
written consent of the student or individual.
    (f) NAGB Amendments.--Section 412 of the National Education 
Statistics Act of 1994 (20 U.S.C. 9011) is amended--
            (1) in subsection (b)(1)--
                    (A) by amending subparagraph (A) to read as 
                follows:
                    ``(A) three Governors, or former Governors, of whom 
                not more than 1 shall be a member of the same political 
                party as the President;'';
                    (B) by amending subparagraph (B) to read as 
                follows:
                    ``(B) two State legislators, of whom not more than 
                1 shall be a member of the same political party as the 
                President;'';
                    (C) in subparagraph (H), by striking ``one 
                representative'' and inserting ``three 
                representatives'';
                    (D) by amending subparagraph (I) to read as 
                follows:
                    ``(I) two mayors, of whom not more than 1 shall be 
                a member of the same political party as the 
                President;'';
                    (E) by striking subparagraph (J); and
                    (F) by redesignating subparagraphs (K), (L), and 
                (M) as subparagraphs (J), (K), and (L), respectively;
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``and may not 
                exceed a period of 3'' and inserting ``and shall be for 
                periods of 4''; and
                    (B) in paragraph (2), by inserting ``consecutive'' 
                after ``two'';
            (3) by amending subsection (d) to read as follows:
    ``(d) Vacancies.--As vacancies on the Board occur, new members of 
the Board shall be appointed by the Secretary from among individuals 
who are nominated by the Board after consultation with representatives 
of the individuals described in subsection (b)(1). For each vacancy, 
the Board shall nominate at least 3 individuals who are qualified by 
experience or training to fill the particular Board vacancy.''; and
            (4) in subsection (e) by adding at the end the following:
            ``(7) Independence.--In the exercise of its functions, 
        powers, and duties, the Board shall be independent of the 
        Secretary and the other offices and officers of the Department. 
        The Secretary shall, by written delegation of authority, 
        authorize the Board to award grants and contracts, and 
        otherwise operate, to the maximum extent practicable, 
        independent of the Department.''.
    (g) Appointments.--Not later than 30 days after the date of 
enactment of this Act, the Secretary of Education, in consultation with 
the Speaker and Minority Leader of the House of Representatives, and 
the Majority Leader and Minority Leader of the Senate, shall appoint 
individuals to fill vacancies on the National Assessment Governing 
Board caused by the expiration of the terms of members of the Board, or 
the creation of new membership positions on the Board pursuant to 
amendments made by this Act.
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