[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 893 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 893

    To provide that the National Assessment Governing Board has the 
 exclusive authority over all policies, direction, and guidelines for 
    establishing and implementing certain voluntary national tests.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 2, 1999

  Mr. Forbes introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
    To provide that the National Assessment Governing Board has the 
 exclusive authority over all policies, direction, and guidelines for 
    establishing and implementing certain voluntary national tests.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Voluntary Basic Educational Skills 
Testing Act''.

SEC. 2. OERI ANNUAL SPENDING PLAN.

    Notwithstanding any other provision of law, the Assistant Secretary 
for Educational Research and Improvement shall submit to the Committees 
on Appropriations of the House of Representatives and 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.

SEC. 3. 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.

SEC. 4. AVAILABILITY OF TESTS.

    The tests described in section 5(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.

SEC. 5. CONTRACT AUTHORITY.

    (a) 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.
    (b) Board Duties.--In exercising the Board's responsibilities under 
paragraph (a) 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--
            (1) ensure that the content and standards for the tests are 
        the same as the content and standards for the National 
        Assessment;
            (2) exercise exclusive authority over any expert panel or 
        advisory committee that will be or is established with respect 
        to the tests;
            (3) ensure that the tests are linked to the National 
        Assessment to the maximum degree possible;
            (4) develop test objectives, test specifications, and test 
        methodology;
            (5) develop policies for test administration, including 
        guidelines for inclusion of, and accommodations for, students 
        with disabilities and students with limited English 
        proficiency;
            (6) develop policies for reporting test results, including 
        the use of standards or performance levels, and for test use;
            (7) have final authority over the appropriateness of all 
        test items;
            (8) ensure that all items selected for use on the tests are 
        free from racial, cultural, or gender bias; and
            (9) take such actions and make such policies as the Board 
        determines necessary.

SEC. 6. CONSENT REQUIREMENT.

    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 title without the written consent of the student 
or individual.

SEC. 7. CONFORMING 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.''.

SEC. 8. 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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