[Congressional Record Volume 148, Number 51 (Tuesday, April 30, 2002)]
[House]
[Pages H1729-H1743]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1800
EDUCATION SCIENCES REFORM ACT OF 2002
Mr. CASTLE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3801) to provide for improvement of Federal education
research, statistics, evaluation, information, and dissemination, and
for other purposes, as amended.
The Clerk read as follows:
H.R. 3801
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
TITLE I--EDUCATION SCIENCES REFORM
SEC. 101. SHORT TITLE.
This title may be cited as the ``Education Sciences Reform
Act of 2002''.
SEC. 102. TABLE OF CONTENTS.
The table of contents for this title is as follows:
Sec. 101. Short title.
Sec. 102. Table of contents.
Part A--Academy of Education Sciences
Sec. 111. Establishment.
Sec. 112. Organization.
Sec. 113. Functions.
Sec. 114. Delegation.
Sec. 115. Office of the Director.
Sec. 116. Priorities.
Sec. 117. National Board for Education Sciences.
Sec. 118. Commissioners of the National Education Centers.
Sec. 119. Office of Educational Resources and Dissemination.
Part B--National Center for Education Research
Sec. 131. Establishment.
Sec. 132. Commissioner for Education Research.
Sec. 133. Duties.
Sec. 134. Biennial report.
Sec. 135. Standards for conduct and evaluation of research.
Part C--National Center for Education Statistics
Sec. 151. Establishment.
Sec. 152. Commissioner for Education Statistics.
Sec. 153. Duties.
Sec. 154. Performance of duties.
Sec. 155. Reports.
Sec. 156. Dissemination.
Sec. 157. Cooperative education statistics systems.
Sec. 158. State defined.
Part D--National Center for Education Evaluation
Sec. 171. Establishment.
Sec. 172. Commissioner for Education Evaluation.
Sec. 173. Duties.
Part E--General Provisions
Sec. 181. Definitions.
Sec. 182. Interagency data sources and formats.
Sec. 183. Prohibitions.
Sec. 184. Confidentiality.
Sec. 185. Availability of data.
Sec. 186. Performance management.
Sec. 187. Authority to publish.
Sec. 188. Vacancies.
Sec. 189. Scientific or technical employees.
Sec. 190. Voluntary service.
Sec. 191. Fellowships.
Sec. 192. Rulemaking.
Sec. 193. Authorization of appropriations.
PART A--ACADEMY OF EDUCATION SCIENCES
SEC. 111. ESTABLISHMENT.
(a) Establishment.--There shall be in the Department an
Academy of Education Sciences, to be administered by a
Director (as provided in section 115) and a board of
directors (as provided in section 117).
(b) Mission.--The mission of the Academy is to provide
national leadership in expanding fundamental knowledge and
understanding of education, 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 for all students, and the effectiveness of
Federal and other education programs. In carrying out this
mission, the Academy shall conduct research, evaluation,
statistics, and dissemination activities supported by Federal
funds through the Academy and ensure that such activities--
(1) conform to high standards of quality, integrity, and
accuracy; and
(2) are objective, secular, neutral, and nonideological and
are free of partisan political influence and racial,
cultural, gender, or regional bias.
SEC. 112. ORGANIZATION.
The Academy consists of the following:
(1) The Office of the Director (as set out in section 115).
(2) The National Board for Education Sciences (as set out
in section 117).
(3) The Office of Educational Resources and Dissemination
(as set out in section 119).
(4) The National Education Centers, which include--
(A) the National Center for Education Research (as set out
in part B);
(B) the National Center for Education Statistics (as set
out in part C); and
(C) the National Center for Education Evaluation (as set
out in part D).
SEC. 113. FUNCTIONS.
The Academy, directly or through grants, contracts, or
cooperative agreements, shall--
(1) conduct and support scientifically valid research
activities, including basic and applied research, statistics
activities, scientifically valid education evaluation,
development, and dissemination;
(2) disseminate the findings and results of scientifically
valid research in education;
(3) promote the application of knowledge gained from
scientifically valid research activities;
(4) strengthen the national capacity to conduct
scientifically valid research in education; and
(5) promote the coordination of scientifically valid
research in education within the Department and the Federal
Government.
SEC. 114. DELEGATION.
(a) Delegation of Authority.--Notwithstanding section 412
of the Department of Education Organization Act (20 U.S.C.
3472), the Secretary shall delegate to the Director all
functions for carrying out this title (other than
administrative and support functions), except that--
(1) nothing in this title or in the National Assessment of
Educational Progress Authorization Act may be construed to
alter or diminish the role, responsibilities, or authority of
the National Assessment Governing Board with respect to the
National Assessment of Educational Progress from those
authorized by the National Education Statistics Act of 1994
immediately before the enactment of this Act;
(2) members of the National Assessment Governing Board
shall continue to be appointed by the Secretary;
(3) section 302(f)(1) of the National Assessment of
Educational Progress Authorization Act shall apply to the
National Assessment Governing Board in the exercise of its
responsibilities under this Act;
(4) sections 116 and 117(b)(2) shall not apply to the
National Assessment of Educational Progress; and
(5) sections 116 and 117 shall not apply to the National
Assessment Governing Board.
(b) Other Activities.--The Secretary may assign the Academy
responsibility for administering other activities, if those
activities are consistent with--
(1) the Academy's priorities, as approved by the National
Board for Education Sciences under section 116; or
(2) the Academy's mission, if the activities are not
consistent with such priorities.
SEC. 115. OFFICE OF THE DIRECTOR.
(a) Appointment.--Except as provided in subsection (b)(2),
the President, with the advice and consent of the Senate,
shall appoint the Director of the Academy.
(b) Term.--
(1) In general.--The Director shall serve for a term of 6
years, beginning on the date of appointment of the Director,
but may be removed by the President prior to the expiration
of that term.
(2) First director.--The President, without the advice and
consent of the Senate, may appoint the Assistant Secretary
for the Office of Educational Research and Improvement (as
such office existed on the day before the date of enactment
of this Act) to serve as the first Director of the Academy.
(3) Subsequent directors.--The Board may make
recommendations to the President with respect to the
appointment of a
[[Page H1730]]
Director, other than a Director appointed under paragraph
(2).
(c) Pay.--The Director shall receive the rate of basic pay
for level III of the Executive Schedule.
(d) Qualifications.--The Director shall be selected from
individuals who are highly qualified authorities in the
fields of scientifically valid research, statistics, or
evaluation in education, as well as management within such
areas, and have a demonstrated capacity for sustained
productivity and leadership in these areas.
(e) Administration.--The Director shall--
(1) administer, supervise, and coordinate the activities
carried out under the Academy, including the activities of
the National Education Centers; and
(2) coordinate and approve budgets and operating plans for
each of the National Education Centers for submission to the
Secretary.
(f) Duties.--The duties of the Director shall include the
following:
(1) To propose to the Board priorities for the Academy, in
accordance with section 116(a).
(2) To ensure the methodology applied in conducting
research, evaluation, and statistical analysis is consistent
with the standards for such activities under this title.
(3) To coordinate education research and related activities
carried out by the Academy with such research and activities
carried out by other agencies within the Department and the
Federal Government.
(4) To advise the Secretary on research, evaluation, and
statistics activities relevant to the activities of the
Department.
(5) To establish necessary procedures for technical and
scientific peer review of the activities of the Academy,
consistent with section 117(b)(3).
(6) To ensure that all participants in research conducted
or supported by the Academy are afforded their privacy rights
and other relevant protections as research subjects, in
accordance with section 184 of this title, section 552a of
title 5, United States Code, and sections 444 and 445 of the
General Education Provisions Act (20 U.S.C. 1232g, 1232h).
(7) To ensure that activities conducted or supported by the
Academy are objective, secular, neutral, and nonideological
and are free of partisan political influence and racial,
cultural, gender, or regional bias.
(8) To undertake initiatives and programs to increase the
participation of researchers and institutions that have been
historically underutilized in Federal education research
activities in the activities of the Academy, including
historically Black colleges and universities and other
institutions of higher education with large numbers of
minority students.
(9) To coordinate with the Secretary to promote and provide
for the coordination of research and development activities
and technical assistance activities between the Academy and
the regional governing boards and regional entities described
in section 203 of the Regional Assistance Act of 2002 to
ensure collaboration and resource sharing and reduce
redundancy in such activities.
(10) To solicit and consider the recommendations of
education stakeholders, in order to ensure that there is
broad and regular public and professional input from the
educational field in the planning and carrying out of the
Academy's activities.
(11) At the discretion of the Director and in consultation
with the National Academy of Sciences, to conduct a study to
determine--
(A) a standard by which States may accurately measure the
rate at which students drop out of or graduate from secondary
schools in the United States (including on-time graduation);
and
(B) the use of alcohol or illegal narcotics as contributing
factors to incidents of school violence committed by students
during the regular school day and while participating in
other school-related activities.
(12) To carry out and support other activities consistent
with the priorities and mission of the Academy.
(g) Expert Guidance and Assistance.--The Director may
establish technical and scientific peer-review groups and
scientific program advisory committees that the Director
determines are necessary to carry out the requirements of
this title. The Director shall appoint such personnel, except
that officers and employees of the United States shall
comprise no more than one-fourth of the members of any such
group or committee and shall not receive additional
compensation for their service as members of such a group or
committee. The Director shall ensure that reviewers are
highly qualified and capable to appraise education research
and development projects. The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to a peer-review group or an
advisory committee established under this subsection.
SEC. 116. PRIORITIES.
(a) Proposal.--The Director shall propose to the Board
priorities for the Academy (taking into consideration long-
term research and development on core issues conducted
through the national research and development centers (as
defined in section 181)) identifying topics that may require
long-term research and topics that are focused on
understanding and solving particular education problems and
issues, including those associated with the goals and
requirements established in the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.), such as--
(1) closing the achievement gap between high-performing and
low-performing children, especially achievement gaps between
minority and nonminority children and between disadvantaged
children and their more advantaged peers; and
(2) ensuring that all children reach, at a minimum,
proficiency on challenging State academic achievement
standards and assessments.
(b) Approval.--The Board shall approve or disapprove the
priorities for the Academy proposed by the Director,
including any necessary revision of those priorities. The
Board shall transmit any priorities so approved to the
appropriate congressional committees.
(c) Consistency.--The Board shall ensure that priorities of
the Academy and the National Education Centers are consistent
with the mission of the Academy.
(d) Public Availability and Comment.--
(1) Priorities.--Before submitting to the Board proposed
priorities for the Academy, the Director shall make such
priorities available to the public for comment (including by
means of the Internet and through publishing such priorities
in the Federal Register). The Director shall provide to the
Board a copy of each such comment submitted.
(2) Plan.--Upon approval of such priorities, the Director
shall make the Academy's plan for addressing such priorities
available for public comment in the same manner as under
paragraph (1).
SEC. 117. NATIONAL BOARD FOR EDUCATION SCIENCES.
(a) Establishment.--The Academy shall have a board of
directors, which shall be known as the National Board for
Education Sciences.
(b) Duties.--The duties of the Board shall be the
following:
(1) To advise the Director on the policies of the Academy.
(2) To consider and approve priorities under section 116 to
guide the work of the Academy.
(3) To review and approve procedures for scientific peer
review of the activities of the Academy.
(4) To advise the Director on the development of activities
to be supported by the Academy, including the general areas
of research to be carried out by the National Center for
Education Research.
(5) To present to the Director such recommendations as it
may find appropriate for--
(A) the strengthening of education research; and
(B) the funding of the Academy.
(6) To advise the Director on the funding of applications
for grants, contracts, and cooperative agreements for
research, after the completion of peer review.
(7) To review and regularly evaluate the work of the
Academy, to ensure that scientifically valid research,
evaluation, and statistical analysis are consistent with the
standards for such activities under this title.
(8) To advise the Director on ensuring that activities
conducted or supported by the Academy are objective, secular,
neutral, and nonideological and are free of partisan
political influence and racial, cultural, gender, or regional
bias.
(9) To solicit advice and information from those in the
educational field, particularly practitioners and
researchers, to recommend to the Director topics that require
long-term, sustained, systematic, programmatic, and
integrated research efforts, including knowledge utilization
and dissemination of research, consistent with the priorities
and mission of the Academy.
(10) To advise the Director on opportunities for the
participation in, and the advancement of, women, minorities,
and persons with disabilities in education research,
statistics, and evaluation activities of the Academy.
(11) To recommend to the Director ways to enhance strategic
partnerships and collaborative efforts among other Federal
and State research agencies.
(12) To recommend to the Director individuals to serve as
Commissioners of the National Education Centers.
(c) Composition.--
(1) Voting members.--The Board shall have 15 voting members
appointed by the President, with the advice and consent of
the Senate.
(2) Advice.--The President shall solicit advice on
individuals to serve on the Board from the National Academy
of Sciences, the National Science Foundation, and the Office
of Science and Technology Policy.
(3) Nonvoting ex officio members.--The Board shall have the
following nonvoting ex officio members:
(A) The Director of the Academy of Education Sciences.
(B) Each of the Commissioners of the National Education
Centers.
(C) The Director of the National Institute of Child Health
and Human Development.
(D) The Director of the Census.
(E) The Commissioner of Labor Statistics.
(F) The Director of the National Science Foundation.
(4) Appointed membership.--
(A) Qualifications.--Members appointed under paragraph (1)
shall be highly qualified to appraise education research,
statistics, evaluations, or development, and shall include
individuals from each of the following groups:
[[Page H1731]]
(i) Educators, including classroom teachers, principals,
and other school administrators.
(ii) Parents.
(iii) Business leaders.
(iv) Experts and scientists in research, statistics,
evaluation, or development, who are recognized in their
discipline as highly qualified to represent such discipline.
(B) Special rule.--A majority of the voting members of the
Board must be appointed from the groups described in clauses
(i) and (iv) of subparagraph (A).
(C) Terms.--Each member appointed under paragraph (1) shall
serve for a term of 4 years, except that--
(i) each such member may be removed by the President before
the expiration of that term;
(ii) the terms of the initial members appointed under such
paragraph shall (as determined by a random selection process
at the time of appointment) be for staggered terms of--
(I) 4 years for each of five members;
(II) 3 years for each of five members; and
(III) 2 years for each of five members; and
(iii) no member appointed under such paragraph shall serve
for more than two consecutive terms.
(D) Unexpired terms.--Any member appointed to fill a
vacancy occurring before the expiration of the term for which
the member's predecessor was appointed shall be appointed
only for the remainder of that term.
(5) Chair.--The Board shall elect a chairperson from among
the members of the Board.
(6) Compensation.--Members of the Board shall serve without
pay for such service. Members of the Board who are officers
or employees of the United States may not receive additional
pay, allowances, or benefits by reason of their service on
the Board.
(7) Travel expenses.--The members of the Board shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with subchapter I of chapter 57 of
title 5, United States Code.
(8) Powers of the board.--
(A) Executive director.--The Board shall have an Executive
Director who shall be appointed by the Board.
(B) Additional staff.--The Board shall utilize such
additional staff as may be appointed or assigned by the
Director, in consultation with the Chair.
(C) Detail of personnel.--The Board may use the services
and facilities of any department or agency of the Federal
Government. Upon the request of the Board, the head of any
Federal department or agency may detail any of the personnel
of that department or agency to the Board to assist the Board
in carrying out this Act.
(D) Contracts.--The Board may enter into contracts or make
other arrangements as may be necessary to carry out its
functions.
(E) Information.--The Board may, to the extent otherwise
permitted by law, obtain directly from any executive
department or agency of the Federal Government such
information as the Board deems necessary to carry out its
functions.
(9) Meetings.--The Board shall meet not less than four
times each year. The Board shall hold additional meetings at
the call of the chairperson or upon the written request of at
least six voting members of the Board.
(10) Quorum.--A majority of the voting members of the Board
shall constitute a quorum.
(d) Standing Committees.--
(1) Establishment.--The Board may establish standing
committees--
(A) to each serve one of the National Education Centers;
and
(B) to advise, consult with, and make recommendations to
the Director and the Commissioner of the appropriate National
Education Centers.
(2) Membership.--A majority of the members of each standing
committee shall be voting members of the Board whose
expertise is needed for the functioning of the committee. In
addition, the membership of each standing committee may
include, as appropriate--
(A) experts and scientists in research, statistics,
evaluation, or development who are recognized in their
discipline as highly qualified to represent such discipline
and who are not members of the Board, but who may have been
recommended by the Commissioner of the appropriate National
Education Center and approved by the Board;
(B) ex officio members of the Board; and
(C) policymakers and expert practitioners with knowledge
of, and experience using, the results of research,
evaluation, and statistics who are not members of the Board,
but who may have been recommended by the Commissioner of the
appropriate National Education Center and approved by the
Board.
(3) Duties.--Each standing committee shall--
(A) at the discretion of the Board or the standing
committee, review and comment on any grant, contract, or
cooperative agreement entered into (or proposed to be entered
into) by the applicable National Education Center;
(B) prepare for, and submit to, the Board an annual
evaluation of the operations of the applicable National
Education Center;
(C) review and comment on the relevant plan for activities
to be undertaken by the applicable National Education Center
for each fiscal year; and
(D) periodically report to the Board regarding the
activities of the committee and the applicable National
Education Center.
(e) Annual Report.--The Board shall submit to the Director,
the Secretary, and the appropriate congressional committees,
not later than July 1 of each year, a report that assesses
the effectiveness of the Academy in carrying out its
priorities and mission, especially as such priorities and
mission relate to carrying out scientifically valid research,
conducting unbiased evaluations, and collecting and reporting
accurate education statistics.
(f) Recommendations.--The Board shall submit to the
Director, the Secretary, and the appropriate congressional
committees a report that includes any recommendations
regarding any actions that could be taken to enhance the
ability of the Academy to carry out its priorities and
mission. The Board shall submit an interim report not later
than 3 years after the date of enactment of this Act and a
final report not later than 5 years after such date of
enactment.
SEC. 118. COMMISSIONERS OF THE NATIONAL EDUCATION CENTERS.
(a) Appointment.--The National Education Centers shall each
be headed by a Commissioner appointed by the Director. In
appointing Commissioners, the Director shall seek to promote
continuity in leadership of the National Education Centers
and shall consider individuals recommended by the Board. The
Director may appoint a Commissioner to carry out the
functions of a National Education Center without regard to
the provisions of title 5, United States Code, governing
appointments in the competitive service, and the provisions
of chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates.
(b) Pay.--The Commissioners shall each receive the rate of
basic pay for level IV of the Executive Schedule.
(c) Qualifications.--Each Commissioner shall be highly
qualified in the field of education research, statistics, or
evaluation.
(d) Service and Removal.--Each Commissioner shall report to
the Director and may be removed by the Director. A
Commissioner shall serve for a period of no more than 6
years, unless reappointed by the Director, except that a
Commissioner may serve for an additional period, not to
exceed 1 year, until a successor has been appointed by the
Director.
SEC. 119. OFFICE OF EDUCATIONAL RESOURCES AND DISSEMINATION.
(a) Establishment.--There is established within the Academy
an Office of Educational Resources and Dissemination.
(b) Duties.--The Office of Educational Resources and
Dissemination shall--
(1) disseminate information on scientifically valid
research, statistics, and evaluation on education to the
public, the media, voluntary organizations, and other
constituencies, especially with respect to information
relating to, at a minimum--
(A) the core academic areas of reading, mathematics, and
science;
(B) closing the achievement gap between high-performing
students and low-performing students;
(C) educational practices that improve academic achievement
and promote learning; and
(D) education technology, including software;
(2) manage the National Library of Education described in
subsection (e), and other sources of digital information on
education research; and
(3) make such information accessible in a user-friendly,
timely, and efficient manner (including through use of a
searchable Internet web-based online database) to schools,
educators, parents, administrators, policymakers,
researchers, public and private entities, entities
responsible for carrying out technical assistance through the
Department, and the general public.
(c) Additional Duties.--In carrying out subsection (b), the
Office of Educational Resources and Dissemination shall--
(1) ensure that information disseminated under this section
is provided in a cost-effective, nonduplicative manner,
including the most current research findings, which may
include through the continuation of individual clearinghouses
authorized under the Educational Research, Development,
Dissemination, and Improvement Act of 1994 (title IX of the
Goals 2000: Educate America Act; 20 U.S.C. 6001 et seq.) (as
such Act existed on the day before the date of enactment of
this Act) or the clearinghouse authorized under section
2102(b) of the Elementary and Secondary Education Act of 1965
(as such section existed on the day before the date of
enactment of the No Child Left Behind Act of 2001 (Public Law
107-110));
(2) prominently describe the type of scientific evidence
that is used to support the findings that are disseminated;
(3) clearly explain the scientifically appropriate and
inappropriate uses of--
(A) the findings that are disseminated; and
(B) the types of evidence used to support those findings;
and
(4) respond, as appropriate, to inquiries from schools,
educators, parents, administrators, policymakers,
researchers, public and private entities, and entities
responsible for carrying out technical assistance.
(d) Continuation.--The Director shall continue the existing
awards of the Educational Resources Information Center
Clearinghouses (established under section 941(f) of the
Educational Research, Development, Dissemination, and
Improvement Act of 1994 (as such provision existed on the day
before the
[[Page H1732]]
date of enactment of this Act)) for the duration of those
existing awards, in accordance with the terms and agreements
of such awards.
(e) National Library of Education.--There is established
within the Office of Educational Resources and Dissemination
a National Library of Education that shall be headed by an
individual who is highly qualified in library science and
shall collect and archive information, including products and
publications developed through, or supported by, the Academy,
and other relevant and useful education-related research,
statistics, and evaluation and other information, projects,
and publications that are consistent with scientifically
valid research or the priorities and mission of the Academy
and are developed by the Department, other Federal agencies,
or entities (including entities supported under the Regional
Educational Technical Assistance Act).
PART B--NATIONAL CENTER FOR EDUCATION RESEARCH
SEC. 131. ESTABLISHMENT.
(a) Establishment.--There is established in the Academy a
National Center for Education Research (in this part referred
to as the ``Research Center'').
(b) Mission.--The mission of the Research Center is--
(1) to sponsor sustained research that will lead to the
accumulation of knowledge and understanding of education,
particularly to improve student academic achievement and
close the achievement gap between high-performing and low-
performing students, including through the improvement of
teaching and learning of reading, writing, mathematics,
science, and other academic subjects;
(2) to support the synthesis and, as appropriate, the
integration of education research;
(3) to promote quality and integrity through the use of
accepted practices of scientific inquiry to obtain knowledge
and understanding of the validity of education theories,
practices, or conditions; and
(4) to promote scientifically valid research findings that
can provide the basis for improving academic instruction and
lifelong learning.
SEC. 132. COMMISSIONER FOR EDUCATION RESEARCH.
The Research Center shall be headed by a Commissioner for
Education Research (in this part referred to as the
``Research Commissioner'') who shall have substantial
knowledge of the activities of the Research Center, including
a high level of expertise in the fields of research and
research management.
SEC. 133. DUTIES.
(a) General 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 auspices of the Research
Center in accordance with this part;
(2) propose to the Director a research plan that--
(A) is consistent with the priorities and mission of the
Academy and the mission of the Research Center and includes
the activities described in paragraph (3); and
(B) shall be carried out pursuant to paragraph (4) and, as
appropriate, be updated and modified;
(3) carry out specific, long-term research activities that
are consistent with the priorities and mission of the
Academy, and are approved by the Director;
(4) implement the plan proposed under paragraph (2) to
carry out scientifically valid research that--
(A) uses objective and measurable indicators, including
timelines, that are used to assess the progress and results
of such research;
(B) meets the procedures for peer review established by the
Director under section 115(f)(5) and the standards of
research described in section 135; and
(C) includes both basic research and applied research,
which shall include research conducted through field-
initiated studies and may include ongoing research
initiatives;
(5) promote the use of scientifically valid research within
the Federal Government, including active participation in
interagency research initiatives;
(6) ensure that research conducted by the Research Center
is relevant to education practice and policy;
(7) synthesize and disseminate, through the Office of
Educational Resources and Dissemination, the findings and
results of education research conducted or supported by the
Research Center;
(8) prepare and submit to the Director for approval a
biennial report, as described in section 134, which shall be
made available to the public through such means as the
Internet; and
(9) carry out research on successful State and local
education reform activities that result in increased academic
achievement and narrowing of achievement gaps, as approved by
the Director.
(b) Eligibility.--Research carried out under subsection (a)
through contracts, grants, or cooperative agreements shall be
carried out only by recipients with the ability and capacity
to conduct scientifically valid research.
(c) National Research and Development Centers.--
(1) Support.--In carrying out activities under subsection
(a)(3), the Director, acting through the Research
Commissioner, shall support national research and development
centers.
(2) Scope.--Support for a national research and development
center shall be for a period of not more than 5 years, shall
be of sufficient size and scope to be effective, and
notwithstanding section 135(b), may be renewed without
competition for not more than 5 additional years if the
Director, in consultation with the Research Commissioner and
the Board, determines that the research of the national
research and development center--
(A) continues to address priorities of the Academy; and
(B) merits renewal (applying the procedures and standards
established in section 135).
(3) Limit.--No national research and development center may
be supported under this subsection for a period of more than
10 years without competition.
(4) Continuation of awards.--The Director, acting through
the Research Commissioner, shall continue awards made to the
national research and development centers in effect on the
day before the date of enactment of this Act in accordance
with the terms of those awards and may renew them in
accordance with paragraphs (2) and (3).
SEC. 134. BIENNIAL REPORT.
The Director shall, on a biennial basis, transmit to the
President, the Board, and the appropriate congressional
committees and make widely available to the public (including
by means of the Internet), a report containing the following:
(1) A description of the activities carried out by and
through the Research Center during the prior fiscal year.
(2) A detailed summary of each grant, contract, and
cooperative agreement in excess of $100,000 funded during the
prior fiscal year, including, at a minimum, the amount,
duration, recipient, purpose, and goal of the award and its
relationship to the priorities and mission of the Academy,
and the reports and publications produced, which shall be
available in a user-friendly electronic database.
(3) A description of how the activities of the Research
Center are consistent with the principles of scientifically
valid research and the priorities and mission of the Academy.
(4) Such additional comments, recommendations, and
materials as the Director considers appropriate.
SEC. 135. STANDARDS FOR CONDUCT AND EVALUATION OF RESEARCH.
(a) In General.--In carrying out this part, the Director,
acting through the Research Commissioner, shall--
(1) ensure that all research conducted under the direction
of the Research Center follows scientifically based research
standards;
(2) develop such other standards as may be necessary to
govern the conduct and evaluation of all research,
development, and dissemination activities carried out by the
Research Center to assure that such activities meet the
highest standards of professional excellence;
(3) review the procedures utilized by the National
Institutes of Health, the National Science Foundation, and
other Federal departments or agencies engaged in research and
development and actively solicit recommendations from
research organizations and members of the general public in
the development of the standards described in paragraph (2);
and
(4) ensure that all research complies with Federal
guidelines relating to research misconduct.
(b) Research Awards.--
(1) In general.--Research carried out under this part
through grants, contracts, or cooperative agreements, at a
minimum, shall--
(A) be awarded through a process of open competition; and
(B) be subject to a system of peer review of highly
qualified individuals with an in-depth knowledge of the
subject to be investigated--
(i) for reviewing and evaluating all applications for
grants and cooperative agreements and bids for contracts that
exceed $100,000; and
(ii) for evaluating and assessing the performance of all
recipients of grants, cooperative agreements, and contracts.
(2) Evaluation.--The Director, acting through the Research
Commissioner, shall--
(A) develop the procedures to be used in evaluating
applications for research grants, cooperative agreements, and
contracts and specify the criteria and factors which shall be
considered in making such evaluations; and
(B) evaluate the performance of each recipient of an award
of a research grant, contract, or cooperative agreement at
the conclusion of the award.
(c) Long-Term Research.--The Director, acting through the
Research Commissioner, shall assure that not less than 50
percent of the funds made available for research for each
fiscal year shall be used to fund long-term research programs
of not less than 5 years, which support the priorities and
mission of the Academy and the mission of the Research
Center.
PART C--NATIONAL CENTER FOR EDUCATION STATISTICS
SEC. 151. ESTABLISHMENT.
(a) Establishment.--There is established in the Academy a
National Center for Education Statistics (in this part
referred to as the ``Statistics Center'').
(b) Mission.--The mission of the Statistics Center shall
be--
[[Page H1733]]
(1) to collect and analyze education information and
statistics in a manner that meets the highest methodological
standards;
(2) to report education information and statistics in a
timely manner; and
(3) to collect, analyze, and report education information
and statistics in a manner that--
(A) is objective, secular, neutral, and nonideological and
is free of partisan political influence and racial, cultural,
gender, or regional bias; and
(B) is relevant and useful to practitioners, researchers,
policymakers, and the public.
SEC. 152. COMMISSIONER FOR EDUCATION STATISTICS.
The Statistics Center shall be headed by a Commissioner for
Education Statistics (in this part referred to as the
``Statistics Commissioner'') who shall have substantial
knowledge of statistical methodologies and activities
undertaken by the Statistics Center.
SEC. 153. DUTIES.
(a) General Duties.--The Statistics Center shall collect,
report, analyze, and disseminate statistical data related to
education in the United States and in other nations,
including--
(1) collecting, acquiring, compiling (where appropriate, on
a State-by-State basis), and disseminating full and complete
statistics on the condition and progress of education, at the
preschool, elementary, secondary, postsecondary, and adult
levels in the United States, including data on--
(A) student achievement in, at a minimum, the core academic
areas of reading, mathematics, and science at all levels of
education;
(B) secondary school completions, dropouts, and adult
literacy and reading skills;
(C) educational access to, and opportunity for,
postsecondary education, including data on financial aid to
postsecondary students;
(D) teaching, including--
(i) data on in-service professional development, including
a comparison of courses taken in the core academic areas of
reading, mathematics, and science with courses in noncore
academic areas; and
(ii) the percentage of teachers who are highly qualified
(as such term is defined in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801)) in each
State and, where feasible, in each local educational agency
and school;
(E) instruction, the conditions of the education workplace,
and the supply of, and demand for, teachers;
(F) the incidence, frequency, seriousness, and nature of
violence affecting students, school personnel, and other
individuals participating in school activities, as well as
other indices of school safety, including information
regarding--
(i) the relationship between victims and perpetrators;
(ii) demographic characteristics of the victims and
perpetrators; and
(iii) the type of weapons used in incidents, as classified
in the Uniform Crime Reports of the Federal Bureau of
Investigation;
(G) the financing and management of education, including
data on revenues and expenditures;
(H) the social and economic status of children, including
their academic achievement;
(I) the existence and use of educational technology and
access to the Internet in elementary schools and secondary
schools;
(J) educational access to, and opportunity for, early
childhood education; and
(K) the availability of, and access to, before-school and
after-school programs (including such programs during school
recesses);
(2) conducting and publishing reports on the meaning and
significance of the statistics described in paragraph (1);
(3) collecting, analyzing, cross-tabulating, and reporting,
to the extent feasible, information by gender, race,
ethnicity, socioeconomic status, limited English proficiency,
mobility, and disability, when such disaggregated information
would facilitate educational and policy decisionmaking;
(4) assisting public and private educational agencies,
organizations, and institutions in improving and automating
statistical and data collection activities, which may include
assisting State educational agencies and local educational
agencies with the disaggregation of data;
(5) acquiring and disseminating data on educational
activities and student achievement (such as the Third
International Math and Science Study) in the United States
compared with foreign nations; and
(6) conducting longitudinal and special data collections
necessary to report on the condition and progress of
education.
(b) Training Program.--The Director, acting through the
Statistics Commissioner, may establish a program to train
employees of public and private educational agencies,
organizations, and institutions in the use of standard
statistical procedures and concepts and may establish a
fellowship program to appoint such employees as temporary
fellows at the Statistics Center in order to assist the
Statistics Center in carrying out its duties.
SEC. 154. PERFORMANCE OF DUTIES.
(a) Grants, Contracts, and Cooperative Agreements.--In
carrying out the duties under this part, the Director, acting
through the Statistics Commissioner, may award grants, enter
into contracts and cooperative agreements, and provide
technical assistance.
(b) Gathering Information.--
(1) Sampling.--The Statistics Commissioner may use the
statistical method known as sampling (including random
sampling) to carry out this part.
(2) Source of information.--The Statistics Commissioner
may, as appropriate, use information collected--
(A) from States, local educational agencies, public and
private schools, preschools, institutions of postsecondary
education, vocational and adult education programs,
libraries, administrators, teachers, students, the general
public, and other individuals, organizations, agencies, and
institutions (including information collected by States and
local educational agencies for their own use); and
(B) by other offices within the Academy and by other
Federal departments, agencies, and instrumentalities.
(3) Collection.--The Director, acting through the
Statistics Commissioner, may--
(A) enter into interagency agreements for the collection of
statistics;
(B) arrange with any agency, organization, or institution
for the collection of statistics; and
(C) assign employees of the Statistics Center to any such
agency, organization, or institution to assist in such
collection.
(4) Technical assistance and coordination.--In order to
maximize the effectiveness of Department efforts to serve the
educational needs of children and youth, the Statistics
Commissioner shall--
(A) provide technical assistance to the Department offices
that gather data for statistical purposes; and
(B) coordinate with other Department offices in the
collection of data.
SEC. 155. REPORTS.
(a) Procedures for Issuance of Reports.--The Director,
acting through the Statistics Commissioner, shall establish
procedures, in accordance with section 187, to ensure that
the reports issued under this section are relevant, of high
quality, useful to customers, subject to rigorous peer
review, produced in a timely fashion, and free from any
partisan political influence.
(b) Report on Condition and Progress of Education.--Not
later than June 1, 2002, and each succeeding June 1
thereafter, the Director, acting through the Statistics
Commissioner, shall submit to the President and the
appropriate congressional committees a statistical report on
the condition and progress of education in the United States.
(c) Statistical Reports.--The Director, acting through the
Statistics Commissioner, shall issue regular and, as
necessary, special statistical reports on education topics,
particularly in the core academic areas of reading,
mathematics, and science, consistent with the priorities and
mission of the Academy and the mission of the Statistics
Center.
SEC. 156. DISSEMINATION.
(a) General Requests.--
(1) In general.--The Statistics Center may furnish
transcripts or copies of tables and other statistical records
and make special statistical compilations and surveys for
State and local officials, public and private organizations,
and individuals.
(2) Compilations.--The Statistics Center shall provide
State and local educational agencies opportunities to suggest
the development of particular compilations of statistics,
surveys, and analyses that would assist those educational
agencies.
(b) Congressional Requests.--The Statistics Center shall
furnish such special statistical compilations and surveys as
the relevant congressional committees may request.
(c) Joint Statistical Projects.--The Statistics Center may
engage in joint statistical projects related to the mission
of the Center, or other statistical purposes authorized by
law, with nonprofit organizations or agencies, and the cost
of such projects shall be shared equitably.
(d) Fees.--
(1) In general.--Statistical compilations and surveys under
this section, other than those carried out pursuant to
subsections (b) and (c), may be made subject to the payment
of the actual or estimated cost of such work.
(2) Funds received.--All funds received in payment for work
or services described in this subsection may be used to pay
directly the costs of such work or services, to repay
appropriations that initially bore all or part of such costs,
or to refund excess sums when necessary.
(e) Access.--
(1) Other agencies.--The Statistics Center shall,
consistent with section 184, cooperate with other Federal
agencies having a need for educational data in providing
access to educational data received by the Statistics Center.
(2) Interested parties.--The Statistics Center shall, in
accordance with such terms and conditions as the Center may
prescribe, provide all interested parties, including public
and private agencies, parents, and other individuals, direct
access, in the most appropriate form (including, where
possible, electronically), to data collected by the
Statistics Center for the purposes of research and acquiring
statistical information.
SEC. 157. COOPERATIVE EDUCATION STATISTICS SYSTEMS.
The Statistics Center may establish one or more national
cooperative education statistics systems for the purpose of
producing and maintaining, with the cooperation of the
States, comparable and uniform information
[[Page H1734]]
and data on early childhood education, elementary and
secondary education, postsecondary education, adult
education, and libraries, that are useful for policymaking at
the Federal, State, and local levels.
SEC. 158. STATE DEFINED.
In this part, the term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
PART D--NATIONAL CENTER FOR EDUCATION EVALUATION
SEC. 171. ESTABLISHMENT.
(a) Establishment.--There is established in the Academy a
National Center for Education Evaluation (in this part
referred to as the ``Evaluation Center'').
(b) Mission.--The mission of the Evaluation Center shall be
to conduct evaluations of Federal education programs
administered by the Secretary (and as time and resources
allow, other education programs) to determine the impact of
such programs (especially on student academic achievement in
the core academic areas of reading, mathematics, and
science), to support synthesis and dissemination of results
of evaluation research, and to encourage the use of
scientifically valid education evaluation throughout the
United States.
SEC. 172. COMMISSIONER FOR EDUCATION EVALUATION.
(a) In General.--The Evaluation Center shall be headed by a
Commissioner for Education Evaluation (in this part referred
to as the ``Evaluation Commissioner'') who--
(1) shall possess a demonstrated capacity for sustained
productivity and leadership in education evaluation, and be
technically competent in conducting scientifically valid
education evaluations; and
(2) shall oversee all evaluation activities of the
Evaluation Center, the development of evaluation methodology,
the reporting of findings of evaluations to the public and
appropriate congressional committees, and other duties
essential to carrying out the mission of the Evaluation
Center.
(b) Grants, Contracts, and Cooperative Agreements.--In
carrying out the duties under this part, the Director, acting
through the Evaluation Commissioner, may award grants, enter
into contracts and cooperative agreements, and provide
technical assistance.
SEC. 173. DUTIES.
(a) General Duties.--
(1) In general.--The Evaluation Center shall--
(A) conduct or support evaluations consistent with the
Evaluation Center's mission as described in section 171(b);
(B) evaluate programs under title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.);
(C) coordinate the activities of the Evaluation Center with
other evaluation activities in the Department; and
(D) review and, where feasible, supplement Federal
education program evaluations, particularly those by the
Department, to determine or enhance the quality and relevance
of the evidence generated by those evaluations.
(2) Additional requirements.--Each evaluation conducted by
the Evaluation Center pursuant to paragraph (1) shall adhere
to the highest possible standards of quality for conducting
scientifically valid education evaluation.
(3) Report.--The Director, acting through the Evaluation
Commissioner, shall submit to the President and the
appropriate congressional committees a report on the
Evaluation Center's evaluation activities on a biennial
basis.
(b) Administration of Evaluations Under Title I of the
Elementary and Secondary Education Act of 1965.--The
Director, acting through the Evaluation Commissioner,
consistent with the mission of the Evaluation Center under
section 171(b), shall administer all operations and contracts
associated with evaluations authorized by part E of title I
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6491 et seq.) and administered by the Department as of
the date of enactment of this Act.
PART E--GENERAL PROVISIONS
SEC. 181. DEFINITIONS.
In this title:
(1) The terms ``elementary school'', ``secondary school'',
``local educational agency'', and ``State educational
agency'' have the meanings given those terms in section 9101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801) and the terms ``freely associated states'' and
``outlying area'' have the meanings given those terms in
section 1121(c) of such Act (20 U.S.C. 6331(c)).
(2) The term ``Academy'' means the Academy of Education
Sciences established under section 111.
(3) The term ``applied research'' means research--
(A) to gain knowledge or understanding necessary for
determining the means by which a recognized and specific need
may be met; and
(B) that is specifically directed to the advancement of
practice in the field of education.
(4) The term ``basic research'' means research--
(A) to gain fundamental knowledge or understanding of
phenomena and observable facts, without specific application
toward processes or products; and
(B) for the advancement of knowledge in the field of
education.
(5) The term ``Board'' means the National Board for
Education Sciences established under section 117.
(6) The term ``Department'' means the Department of
Education.
(7) The term ``development'' means the systematic use of
knowledge or understanding gained from the findings of
scientifically valid research that may prove useful in areas
(such as the preparation of materials and new methods of
instruction and practices in teaching), that may lead to the
improvement of the academic skills of students, and that are
replicable in different educational settings.
(8) The term ``Director'' means the Director of the Academy
of Education Sciences.
(9) The term ``dissemination'' means the communication and
transfer of the results of scientifically valid research,
statistics, and evaluations, in forms that are
understandable, easily accessible, and usable, or adaptable
for use in, the improvement of educational practice by
teachers, administrators, librarians, other practitioners,
researchers, policymakers, and the public, through the
provision of technical assistance, electronic transfer, and
other means.
(10) The term ``field-initiated research'' means basic
research or applied research in which specific questions and
methods of study are generated by investigators (including
teachers and other practitioners) and that conforms to
standards of scientifically valid research.
(11) The term ``institution of higher education'' has the
meaning given that term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).
(12) The term ``national research and development center''
means a research and development center under section
931(c)(1)(B) of the Education Research, Development,
Dissemination, and Improvement Act of 1994 (20 U.S.C.
6031(c)(1)(B)) (as such provision existed on the day before
the date of enactment of this Act).
(13)(A) The term ``scientifically based research
standards'' means research standards that--
(i) apply rigorous, systematic, and objective methodology
to obtain reliable and valid knowledge relevant to education
activities and programs; and
(ii) present findings and make claims that are appropriate
to and supported by the methods that have been employed.
(B) The term includes, appropriate to the research being
conducted--
(i) employing systematic, empirical methods that draw on
observation or experiment;
(ii) involving data analyses that are adequate to support
the general findings;
(iii) relying on measurements or observational methods that
provide reliable data;
(iv) making claims of causal relationships only in random
assignment experiments or other designs (to the extent such
designs substantially eliminate plausible competing
explanations for the obtained results);
(v) ensuring that studies and methods are presented in
sufficient detail and clarity to allow for replication or, at
a minimum, to offer the opportunity to build systematically
on the findings of the research;
(vi) obtaining acceptance by a peer-reviewed journal or
approval by a panel of independent experts through a
comparably rigorous, objective, and scientific review; and
(vii) using research designs and methods appropriate to the
research question posed.
(14) The term ``scientifically valid education evaluation''
means an evaluation that--
(A) adheres to the highest possible standards of quality
with respect to research design and statistical analysis;
(B) provides an adequate description of the programs
evaluated and, to the extent possible, examines the
relationship between program implementation and program
impacts;
(C) provides an analysis of the results achieved by the
program with respect to its projected effects;
(D) employs experimental designs using random assignment,
when feasible, and other research methodologies that allow
for the strongest possible causal inferences when random
assignment is not feasible; and
(E) may study program implementation through a combination
of scientifically valid and reliable methods.
(15) The term ``scientifically valid research'' includes
applied research, basic research, and field-initiated
research in which the rationale, design, and interpretation
are soundly developed in accordance with scientifically based
research standards.
(16) The term ``Secretary'' means the Secretary of
Education.
(17) The term ``State'' includes (except as provided in
section 158 and in the National Assessment of Educational
Progress Authorization Act) each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the
freely associated states, and the outlying areas.
(18) The term ``technical assistance'' means--
(A) assistance in identifying, selecting, or designing
solutions (including professional development and training to
implement such solutions) leading to--
(i) improved educational practices and classroom
instruction based on scientifically valid research; and
(ii) improved planning, design, and administration of
programs;
(B) assistance in interpreting, analyzing, and utilizing
statistics and evaluations; and
[[Page H1735]]
(C) other assistance necessary to encourage the adoption or
application of scientifically valid research.
SEC. 182. INTERAGENCY DATA SOURCES AND FORMATS.
The Secretary, in consultation with the Director, shall
ensure that the Department and the Academy use common sources
of data in standardized formats.
SEC. 183. PROHIBITIONS.
(a) National Database.--Nothing in this title may be
construed to authorize the development of a nationwide
database of individually identifiable information on
individuals involved in studies or other collections of data
under this title.
(b) Federal Government and Use of Federal Funds.--Nothing
in this title may be construed to authorize an officer or
employee of the Federal Government to mandate, direct, or
control the curriculum, program of instruction, or allocation
of State or local resources of a State, local educational
agency, or school, or to mandate a State, or any subdivision
thereof, to spend any funds or incur any costs not provided
for under this title.
(c) Endorsement of Curriculum.--Notwithstanding any other
provision of Federal law, no funds provided under this title
to the Academy, including any office, board, committee, or
center of the Academy, may be used by the Academy to endorse,
approve, or sanction any curriculum designed to be used in an
elementary school or secondary school.
(d) federally Sponsored Testing.--
(1) In general.--Subject to paragraph (2), no funds
provided under this title to the Secretary or to the
recipient of any award may be used to develop, pilot test,
field test, implement, administer, or distribute any
federally sponsored national test in reading, mathematics, or
any other subject, unless specifically and explicitly
authorized by law.
(2) Exceptions.--Subsection (a) shall not apply to
international comparative assessments developed under the
authority of section 153(a)(5) of this title or section
404(a)(6) of the National Education Statistics Act of 1994
(20 U.S.C. 9003(a)(6)) (as such section existed on the day
before the date of enactment of this Act) and administered to
only a representative sample of pupils in the United States
and in foreign nations.
SEC. 184. CONFIDENTIALITY.
(a) In General.--All collection, maintenance, use, and
dissemination of data by the Academy, including each office,
board, committee, and center of the Academy, shall conform
with the requirements of section 552a of title 5, United
States Code, the confidentiality standards of subsection (c)
of this section, and sections 444 and 445 of the General
Education Provisions Act (20 U.S.C. 1232g, 1232h).
(b) Student Information.--The Director shall ensure that
all individually identifiable information about students,
their academic achievements, and their families, and
information with respect to individual schools, remains
confidential in accordance with section 552a of title 5,
United States Code, subsection (c) of this section, and
sections 444 and 445 of the General Education Provisions Act
(20 U.S.C. 1232g, 1232h).
SEC. 185. AVAILABILITY OF DATA.
Subject to section 184, data collected by the Academy,
including any office, board, committee, or center of the
Academy, in carrying out the priorities and mission of the
Academy, shall be made available to the public, including
through use of the Internet.
SEC. 186. PERFORMANCE MANAGEMENT.
The Director shall ensure that all activities conducted or
supported by the Academy or a National Education Center make
customer service a priority. The Director shall ensure a high
level of customer satisfaction through the following methods:
(1) Establishing and improving feedback mechanisms in order
to anticipate customer needs.
(2) Disseminating information in a timely fashion and in
formats that are easily accessible and usable by researchers,
practitioners, and the general public.
(3) Utilizing the most modern technology and other methods
available, including arrangements to use data collected
electronically by States and local educational agencies, to
ensure the efficient collection and timely distribution of
information, including data and reports.
(4) Establishing and measuring performance against a set of
indicators for the quality of data collected, analyzed, and
reported.
(5) Continuously improving management strategies and
practices.
(6) Making information available to the public in an
expeditious fashion.
SEC. 187. AUTHORITY TO PUBLISH.
(a) Publication.--The Director may prepare and publish
(including through oral presentation) such research,
statistics, and evaluation information and reports from any
office, board, committee, and center of the Academy as needed
to carry out the priorities and mission of the Academy.
(b) Peer Review.--All research, statistics, and evaluation
reports conducted by, or supported through, the Academy shall
be subjected to rigorous peer review before being published
or otherwise made available to the public.
(c) Advance Copies.--The Director shall provide the
Secretary an advance copy of any information to be published
under this section at least 30 days before publication.
(d) Items Not Covered.--Nothing in subsection (a) or (b)
shall be construed to apply to--
(1) information on current or proposed budgets,
appropriations, or legislation;
(2) information prohibited from disclosure by law or the
Constitution, classified national security information, or
information described in section 552(b) of title 5, United
States Code; and
(3) review by officers of the United States in order to
prevent the unauthorized disclosure of information described
in paragraph (1) or (2).
SEC. 188. VACANCIES.
Any member appointed to fill a vacancy on the Board
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only
for the remainder of that term. A vacancy in an office,
board, committee, or center of the Academy shall be filled in
the manner in which the original appointment was made. This
section does not apply to employees appointed under section
189.
SEC. 189. SCIENTIFIC OR TECHNICAL EMPLOYEES.
(a) Appointment and Pay.--The Director may appoint for
limited periods of time and fix the pay of certain scientific
or technical employees to carry out the functions of the
Academy or the office, board, committee, or center,
respectively, without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service, and the provisions of chapter 51 and subchapter III
of chapter 53 of such title relating to classification and
General Schedule pay rates, provided that--
(1) at least 30 days before the appointment of any employee
under this subsection, the Director shall give public notice
of the availability of such position and shall provide an
opportunity for qualified individuals to apply and compete
for the position; and
(2) the Director may not appoint an employee under this
subsection unless the employee is necessary to provide the
Academy with scientific or technical expertise that could not
otherwise be obtained by the Academy through the competitive
service and such necessity can be justified in a clear and
convincing fashion.
(b) Maximum Number.--Employees appointed under this section
and employed at the Academy at any particular time shall not
exceed the greater of 20 percent of the total employees of
the Academy or a total of 60 individuals.
(c) Maximum Pay Rate.--An employee appointed under this
section may not be paid at a rate that exceeds the rate of
basic pay for level V of the Executive Schedule, except that
not more than 10 individuals appointed under this section may
be paid at a rate that does not exceed the rate of basic pay
for level IV of the Executive Schedule.
(d) Duration.--An employee appointed under this section may
not serve longer than 6 years.
SEC. 190. VOLUNTARY SERVICE.
The Secretary, acting through the Director, may accept
voluntary and uncompensated services to carry out and support
activities that are consistent with the priorities and
mission of the Academy.
SEC. 191. FELLOWSHIPS.
In order to strengthen the national capacity to carry out
high-quality research, evaluation, and statistics related to
education, the Director shall establish and maintain
research, evaluation, and statistics fellowships in the
Academy and institutions of higher education (which may
include the establishment of such fellowships in historically
Black colleges and universities and other institutions of
higher education with large numbers of minority students)
that support graduate and postdoctoral study, particularly
for women and minorities, with such stipends and allowances
(including travel and subsistence expenses) as the Director
may determine necessary to obtain the assistance of highly
qualified research, evaluation, and statistics fellows.
SEC. 192. RULEMAKING.
Notwithstanding section 437(d) of the General Education
Provisions Act (20 U.S.C. 1232(d)), the exemption for public
property, loans, grants, and benefits in section 553(a)(2) of
title 5, United States Code, shall apply to the Academy.
SEC. 193. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
administer and carry out this title $400,000,000 for fiscal
year 2003 and such sums as may be necessary for each of the 5
succeeding fiscal years, of which--
(1) no less than the amount provided to the National Center
for Education Statistics (as such Center was in existence on
the day before the date of enactment of this Act) for fiscal
year 2002 shall be provided to the National Center for
Education Statistics, as authorized under part C; and
(2) the lesser of 2 percent of such funds or $1,000,000
shall be made available to carry out section 117 (relating to
the National Board for Education Sciences).
(b) Availability.--Amounts made available under this
section shall remain available until expended.
TITLE II--REGIONAL EDUCATIONAL APPLIED RESEARCH AND TECHNICAL
ASSISTANCE
SEC. 201. SHORT TITLE.
This title may be cited as the ``Regional Assistance Act of
2002''.
SEC. 202. TABLE OF CONTENTS.
The table of contents for this title is as follows:
Sec. 201. Short title.
Sec. 202. Table of contents.
[[Page H1736]]
Sec. 203. Regional educational applied research and technical
assistance entities.
Sec. 204. Regional advisory committees.
Sec. 205. Priorities and evaluations.
Sec. 206. Authorization of appropriations.
Sec. 207. General provisions.
SEC. 203. REGIONAL EDUCATIONAL APPLIED RESEARCH AND TECHNICAL
ASSISTANCE ENTITIES.
(a) Establishment.--
(1) In general.--The Secretary shall support, through
competitive contracts, a system of regional educational
applied research and technical assistance entities (in this
title referred to as ``regional entities'') to provide
applied research, dissemination, training, technical
assistance, and development activities related to the
administration and implementation of Federal education
programs and other regional education needs to States, local
educational agencies, schools, Indian tribes, community-based
organizations, and other appropriate entities.
(2) Regions.--In establishing geographical regions to be
served by the regional entities, the Secretary shall serve
the same geographical regions as served by the regional
educational laboratories established under section 941(h) of
the Educational Research, Development, Dissemination, and
Improvement Act of 1994 (as such provision existed on the day
before the date of enactment of this Act).
(3) Allocation.--From the funds appropriated under section
206, the Secretary shall allocate for each region for each
fiscal year an amount of funds that is comparable in
proportion to the amount of funds awarded to serve the needs
of that region under prior regional assistance programs under
section 3141 and parts A and C of title XIII of the
Elementary and Secondary Education Act of 1965 (as such
provisions existed on the day before the date of enactment of
the No Child Left Behind Act of 2001 (Public Law 107-110))
and section 941(h) of the Educational Research, Development,
Dissemination, and Improvement Act of 1994 (as such Act
existed on the day before the date of enactment of this Act).
(b) Activities of the Regional Entities.--
(1) Regional support activities.--The system of regional
entities, established under subsection (a)(1), shall support
applied research, development, dissemination, and technical
assistance activities by--
(A) providing training and technical assistance regarding,
at a minimum--
(i) the administration and implementation of programs under
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6301 et seq.);
(ii) scientifically valid research in education on teaching
methods and assessment tools for use by teachers and
administrators in, at a minimum--
(I) the core academic areas of mathematics, science, and
reading; and
(II) education technology; and
(iii) the facilitation of communication between education
experts, school officials, teachers, parents, and librarians,
as appropriate;
(B) disseminating and providing scientifically valid
research, information, reports, and publications that are
usable for improving academic achievement, narrowing
achievement gaps, and encouraging and sustaining school
improvement, to--
(i) schools, educators, parents, and policymakers within
the applicable region in which the entity is located; and
(ii) the Office of Educational Resources and Dissemination;
(C) carrying out applied research projects that are
designed to serve the particular educational needs of the
region, that reflect findings from scientifically valid
research, and that result in user-friendly, replicable
classroom applications geared toward promoting increased
student achievement; and
(D) supporting development activities and contributing to
the current base of education knowledge by addressing
enduring problems in elementary and secondary education.
(2) Coordination and collaboration.--Each regional entity
shall coordinate its activities, collaborate, and regularly
exchange information with the Secretary, the Director of the
Academy of Education Sciences, the Office of Educational
Resources and Dissemination of the Academy, and other
appropriate entities (including educational service agencies,
as defined in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801)).
(3) Allocation of resources.--Each regional entity shall
direct its resources under this title to, and within, each
State in a manner that reflects the need for assistance,
taking into account factors such as the proportion of
economically disadvantaged students and the cost burden in
areas of sparse populations, and giving priority to--
(A) schools with high percentages or numbers of students
from low-income families, as determined under section
1113(a)(5) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6313(a)(5)), including such schools in rural
and urban areas, and schools participating in schoolwide
programs under title I of that Act (20 U.S.C. 6301 et seq.);
(B) local educational agencies in which high percentages or
numbers of school-age children are from low-income families,
as determined under section 1124(c)(1)(A) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
6333(c)(1)(A)), including such local educational agencies in
rural and urban areas; and
(C) schools that have been identified for school
improvement under section 1116 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6316).
(4) Report to secretary.--Each regional entity shall submit
to the Secretary an annual report, at such time, in such
manner, and containing such information as the Secretary may
require, which shall include the following:
(i) The information described in paragraph (5)(E).
(ii) A summary of the entity's activities during the
preceding year.
(iii) A listing of the States, local educational agencies,
and schools the entity assisted during the preceding year.
(5) Regional contract boards.--
(A) Establishment.--Not later than 120 days after entering
into a contract under this section, a regional entity shall
establish a regional contract board.
(B) Composition.--
(i) In general.--The regional contract board shall be
composed of--
(I) the chief State school officers (or other State
officials in each State served by the regional entity who
have primary responsibility under State law for elementary
and secondary education in the State), or their designees, in
the region served by the regional entity; and
(II) not more than 15 other members who are representative
of the educational interests in the region served by the
regional entity and are selected jointly by the officials
specified in subclause (I) and the Governors of each State
within the region, including the following:
(aa) Representatives of local educational agencies,
including representatives of local educational agencies
serving urban and rural areas.
(bb) Representatives of institutions of higher education.
(cc) Parents.
(dd) Practicing educators, including classroom teachers,
principals, and administrators.
(ee) Representatives of business.
(ff) Policymakers, expert practitioners, and researchers
with knowledge of, and experience using, the results of
research, evaluation, and statistics.
(ii) Special rule.--In the case of a State in which the
Governor has the primary responsibility under State law for
elementary and secondary education in the State, the Governor
shall consult with the State educational agency in selecting
additional members of the regional contract board under
clause (i)(II).
(C) Duties.--The regional contract board shall--
(i) oversee, guide, and direct the regional entity's
performance of its contract awarded under this section,
subject to the Secretary's ultimate authority to enforce the
contract;
(ii) ensure that the activities of the regional entity
under this section monitor and address the educational needs
of the region, on an ongoing basis;
(iii) ensure that the regional entity attains and maintains
a high standard of quality in the performance of its
activities, consistent with the standards established under
section 205(b); and
(iv) ensure that the regional entity carries out its duties
in a manner that promotes progress toward reforming schools
and educational systems.
(D) Acceptance of other assistance.--Each regional contract
board may accept gifts, in-kind contributions, services, or
other assistance to facilitate its activities.
(E) Board report.--The regional contract board shall submit
to the regional entity, for inclusion in the entity's annual
report under paragraph (4), the following:
(i) A summary of the board's activities during the
preceding year.
(ii) A description of how well the regional entity is
meeting the educational needs of the region.
(iii) Any other information the Secretary may require.
(c) Application.--
(1) Submission.--Each regional entity seeking a contract
under this section shall submit an application at such time,
in such manner, and containing such additional information as
the Secretary may reasonably require.
(2) Plan.--Each application submitted under paragraph (1)
shall contain a 5-year plan for carrying out the activities
described in subsection (b) in a manner that addresses the
priorities established under section 205(a) and addresses the
needs of all States (and to the extent practicable, of local
educational agencies) within the region, on an ongoing basis.
(3) Eligible applicants.--Contracts under this section may
be made with private or public, for-profit or nonprofit
research organizations, institutions, agencies, institutions
of higher education, or partnerships among such entities, or
individuals, with the demonstrated ability or capacity to
carry out the activities described in subsection (b), which
may include regional entities that carried out activities
under the Educational Research, Development, Dissemination,
and Improvement Act of 1994 (as such Act existed on the day
before the date of enactment of this Act) and title XIII of
the Elementary and Secondary Education Act of 1965 (as such
title existed on the day before the date of enactment of the
No Child Left Behind Act of 2001 (Public Law 107-110)).
[[Page H1737]]
(4) Outreach.--In conducting competitions for contracts
under this section, the Secretary shall--
(A) actively encourage potential applicants to compete for
such awards by making widely available information and
technical assistance relating to the competition; and
(B) seek input from Governors, chief State school officers,
educators, and parents regarding the need for applied
research, dissemination, training, technical assistance, and
development activities authorized by this title in the
regions to be served and how those educational needs would be
addressed most effectively.
(5) Objectives and indicators.--Before entering into a
contract under this section, the Secretary shall design
specific objectives and measurable indicators, using the
results of the survey conducted under section 204(d), to be
used to assess the particular programs or initiatives, and
ongoing progress and performance, of the regional entities,
in order to ensure that the educational needs of the region
are being met and that the latest and best research and
proven practices are being carried out as part of school
improvement efforts.
(d) Authority.--
(1) In general.--To carry out the activities described in
subsection (b), the Secretary shall--
(A)(i) enter into contracts for a 5-year period with at
least two regional entities for each region described in
subsection (a)(2), of which at least one shall be a nonprofit
entity;
(ii) ensure that the primary duties of at least one
regional entity shall include activities described in
subsection (b)(1)(A); and
(iii) ensure that the primary duties of at least one
regional entity shall include activities described in
subsections (b)(1)(C) and (b)(1)(D); and
(B) ensure that the regional entities have strong and
effective governance, organization, management, and
administration, and employ qualified staff.
(2) Coordination.--In order to ensure coordination and
prevent unnecessary duplication of activities among the
regions, the Secretary shall--
(A) share information about the activities of each regional
entity with each other regional entity and with the
Department, including the Director of the Academy of
Education Sciences and the National Board for Education
Sciences;
(B) create a strategic plan for ensuring that each regional
entity increases collaboration and resource-sharing in such
activities;
(C) where appropriate, ensure that the activities of each
regional entity also serve national interests; and
(D) ensure that each of the regional entities funded under
this title coordinates its activities with the activities of
the other regional entities.
(e) Continuation.--In order to carry out this title and
facilitate the transition to regional entities, the
Secretary--
(1) shall continue the existing awards of the regional
educational laboratories established under section 941(h) of
the Educational Research, Development, Dissemination, and
Improvement Act of 1994 (as such provision existed on the day
before the date of enactment of this Act), the Eisenhower
Regional Mathematics and Science Education Consortia
established under part M of such Act (as such part existed on
the day before the date of enactment of this Act), and the
Regional Technology in Education Consortia under section 3141
of the Elementary and Secondary Education Act of 1965 (as
such section existed on the day before the date of enactment
of the No Child Left Behind Act of 2001 (Public Law 107-
110)), for the duration of those existing awards in
accordance with the terms and agreements of such awards; and
(2) may extend for no more than 2 years the awards of the
Comprehensive Regional Assistance Centers established under
part K of the Educational Research, Development,
Dissemination, and Improvement Act of 1994 (as such part
existed on the day before the date of enactment of this Act).
SEC. 204. REGIONAL ADVISORY COMMITTEES.
(a) Establishment.--The Secretary shall establish a
regional advisory committee for each region described in
section 203(a)(2).
(b) Membership.--
(1) Composition.--The membership of each regional advisory
committee shall--
(A) not exceed 25 members;
(B) contain a balanced representation of States in the
region; and
(C) include not more than one representative of each State
educational agency geographically located in the region.
(2) Eligibility.--The membership of each regional advisory
committee may include the following:
(A) Representatives of local educational agencies,
including rural and urban local educational agencies.
(B) Representatives of institutions of higher education,
including individuals representing university-based education
research and university-based research on subjects other than
education.
(C) Parents.
(D) Practicing educators, including classroom teachers,
principals, administrators, school board members, and other
local school officials.
(E) Representatives of business.
(F) Researchers.
(3) Recommendations.--In choosing individuals for
membership on a regional advisory committee, the Secretary
shall consult with, and solicit recommendations from, the
Governors, chief State school officers, and education
stakeholders within the applicable region.
(4) Special rule.--The total number of members on each
committee who are selected under subparagraphs (A), (C), and
(D) of paragraph (2), collectively, shall exceed the total
number of members who are selected under paragraph (1)(C) and
subparagraphs (B), (E), and (F) of paragraph (2),
collectively.
(c) Duties.--Each regional advisory committee shall advise
the Secretary on the following:
(1) The educational needs of its region (using the results
of the survey conducted under subsection (d)), in order to
assist in making decisions regarding the priorities
established under section 205(a) and the priorities
established under section 116 of the Education Sciences
Reform Act of 2002.
(2) The quality of the applications submitted under section
203(c).
(3) The quality of the regional entity's performance of its
contract.
(d) Regional Surveys.--Each regional advisory committee
shall--
(1) conduct a survey of the educational needs, strengths,
and weaknesses within the region to be served;
(2) in conducting the survey under paragraph (1), seek
input from Governors, chief State school officers, educators,
and parents (including through a process of open hearings to
solicit the views and needs of schools (including public
charter schools), teachers, administrators, parents, local
educational agencies, librarians, businesses, State
educational agencies, and other customers (such as adult
education programs) within the region) regarding the need for
the activities described in section 203(b)(1) and how those
needs would be most effectively addressed; and
(3) submit the survey to the Secretary and to the Director
of the Academy of Education Sciences, at such time, in such
manner, and containing such information as the Secretary may
require.
SEC. 205. PRIORITIES AND EVALUATIONS.
(a) Priorities.--The Secretary may establish priorities for
the regional entities to address. The priorities shall
directly correspond with the educational needs of the region,
using the regional survey conducted under section 204(d).
(b) Standards.--The Secretary shall establish standards,
consistent with those established under section 135(a) of the
Education Sciences Reform Act of 2001, for the conduct of
research and development and the dissemination of
scientifically based research by the regional entities.
(c) Evaluations.--The Secretary shall provide for ongoing
independent evaluations of the regional entities receiving
contracts under this title, the results of which shall be
transmitted to the appropriate congressional committees and
the Director of the Academy of Education Sciences. Such
evaluations shall include an analysis of the services
provided under this title, the extent to which each of the
regional entities meets the objectives of its respective plan
(as submitted in its application under section 203(c)(2)),
and whether such services meet the educational needs of State
educational agencies and local educational agencies and
schools in the region.
SEC. 206. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
carry out this title $189,000,000 for fiscal year 2003 and
such sums as may be necessary for each of the 5 succeeding
fiscal years.
(b) Limitation.--Not more than 5 percent of the funds
appropriated under subsection (a) for a fiscal year may be
used to establish and administer the regional advisory
committees required under section 204 and to conduct the
evaluations required under section 205(c).
SEC. 207. GENERAL PROVISIONS.
Part E of the Education Sciences Reform Act of 2002 applies
to this title, as appropriate, except that any duty of the
Director of the Academy of Education Sciences under that part
shall be a duty of Secretary under this title.
TITLE III--NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS
SEC. 301. SHORT TITLE.
This title may be referred to as the ``National Assessment
of Educational Progress Authorization Act''.
SEC. 302. DEFINITIONS.
In this title:
(1) The term ``Director'' means the Director of the Academy
of Education Sciences.
(2) The term ``State'' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated--
(1) for fiscal year 2003--
(A) $4,600,000 to carry out section 302 (relating to the
National Assessment Governing Board); and
(B) $107,500,000 to carry out section 303 (relating to the
National Assessment of Educational Progress); and
(2) such sums as may be necessary for each of the 5
succeeding fiscal years to carry out sections 302 and 303.
(b) Availability.--Amounts made available under this
section shall remain available until expended.
[[Page H1738]]
TITLE IV--AMENDATORY PROVISIONS
SEC. 401. REDESIGNATIONS.
(a) Confidentiality.--Section 408 of the National Education
Statistics Act of 1994 (20 U.S.C. 9007) is amended--
(1) by striking ``center'', ``Center'', and
``Commissioner'' each place any such term appears and
inserting ``Director'';
(2) in subsection (a)(2)(A), by striking ``statistical
purpose'' and inserting ``research, statistics, or evaluation
purpose under this title'';
(3) so that paragraph (1) of subsection (b) reads as
follows:
``(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 Academy 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.'';
(4) in paragraphs (2) and (6) of subsection (b), by
striking ``subsection (a)(2)'' each place such term appears
and inserting ``subsection (c)(2)'';
(5) in paragraphs (3) and (7) of subsection (b), by
striking ``Center's'' each place such term appears and
inserting ``Director's''; and
(6) by striking the section heading and transferring all
the subsections (including subsections (a) through (c)) and
redesignating such subsections as subsections (c) through
(e), respectively, at the end of section 184 of this Act.
(b) Conforming Amendment.--Sections 302 and 303 of this Act
are redesignated as sections 304 and 305, respectively.
(c) National Assessment Governing Board.--Section 412 of
the National Education Statistics Act of 1994 (20 U.S.C.
9011) is amended--
(1) in subsection (a), by striking ``referred to as the
`Board' '' and inserting ``referred to as the `Assessment
Board' '';
(2) by striking ``Board'' each place such term appears
(other than in subsection (a)) and inserting ``Assessment
Board'';
(3) by striking ``Commissioner'' each place such term
appears and inserting ``Commissioner for Education
Statistics'';
(4) in subsection (a) by inserting ``(carried out under
section 303)'' after ``for the National Assessment'';
(5) in subsection (b)(2)--
(A) by striking ``Assistant secretary for educational
research'' in the heading and inserting ``Director of the
academy of education sciences''; and
(B) by striking ``Assistant Secretary for Educational
Research and Improvement'' and inserting ``Director of the
Academy of Education Sciences'';
(6) in subsection (e)(1)(A), by striking ``section 411(b)''
and inserting ``section 303(b)'';
(7) in subsection (e)(1)(B), by striking ``section 411(e)''
and inserting ``section 303(e)'';
(8) in subsection (e)(1)(E), by striking ``, including the
Advisory Council established under section 407'';
(9) in subsections (e)(1)(F) and (e)(1)(I), by striking
``section 411'' each place such term appears and inserting
``section 303'';
(10) in subsection (e)(5), by striking ``and the Advisory
Council on Education Statistics'';
(11) in subsection (e)(6), by striking ``section 411(e)''
and inserting ``section 303(e)''; and
(12) by transferring and redesignating the section as
section 302 (following section 301) of title III of this Act.
(d) National Assessment of Educational Progress.--Section
411 of the National Education Statistics Act of 1994 (20
U.S.C. 9010) is amended--
(1) by striking ``Commissioner'' each place such term
appears and inserting ``Commissioner for Education
Statistics'';
(2) by striking ``National Assessment Governing Board'' and
``National Board'' each place either such term appears and
inserting ``Assessment Board'';
(3) in subsection (a)--
(A) by striking ``section 412'' and inserting ``section
302'';
(B) by striking ``and with the technical assistance of the
Advisory Council established under section 407,''; and
(C) by inserting ``(awarded by the Director, acting through
the Commissioner for Education Statistics)'' after
``cooperative agreements'';
(4) in subsection (b)(1), by inserting ``of'' after
``academic achievement and reporting'';
(5) in subsection (b)(3)(A)--
(A) in clause (i), by striking ``paragraphs (1)(B) and
(1)(E)'' and inserting ``paragraphs (2)(B) and (2)(E)'';
(B) in clause (ii), by striking ``paragraph (1)(C)'' and
inserting ``paragraph (2)(C)''; and
(C) in clause (iii), by striking ``paragraph (1)(D)'' and
inserting ``paragraph (2)(D)'';
(6) in subsection (b)(5), by striking ``(c)(2)'' and
inserting ``(c)(3)'';
(7) in subsection (c)(2)(D), by striking ``subparagraph
(B)'' and inserting ``subparagraph (C)'';
(8) in subsection (e)(4), by striking ``subparagraph
(2)(C)'' and inserting ``paragraph (2)(C) of such
subsection'';
(9) in subsection (f)(1)(B)(iv), by striking ``section
412(e)(4)'' and inserting ``section 302(e)(4)''; and
(10) by transferring and redesignating the section as
section 303 (following section 302) of title III of this Act.
SEC. 402. AMENDMENTS TO DEPARTMENT OF EDUCATION ORGANIZATION
ACT.
The Department of Education Organization Act (20 U.S.C.
3401 et seq.) is amended as follows:
(1) Paragraph (4) of section 202(b) (20 U.S.C. 3412(b)) is
amended to read as follows:
``(4) There shall be in the Department a Director of the
Academy of Education Sciences who shall be appointed in
accordance with section 115(a) of the Education Sciences
Reform Act of 2002 and perform the duties described in that
Act.''.
(2) Section 208 (20 U.S.C. 3419) is amended to read as
follows:
``academy of education sciences
``Sec. 208. There shall be in the Department of Education
an Academy of Education Sciences, which shall be administered
in accordance with the Education Sciences Reform Act of 2002
by the Director appointed under section 115(a) of that
Act.''.
(3) In the table of contents in section 1 (20 U.S.C. 3401
note), the item relating to section 208 is amended to read as
follows:
``Sec. 208. Academy of Education Sciences.''.
SEC. 403. REPEALS.
The following provisions of law are repealed:
(1) The National Education Statistics Act of 1994 (title IV
of the Improving America's Schools Act of 1994; 20 U.S.C.
9001 et seq.).
(2) Parts A through E and K through N of the Educational
Research, Development, Dissemination, and Improvement Act of
1994 (title IX of the Goals 2000: Educate America Act) (20
U.S.C. 6001 et seq.).
(3) Paragraph (2) of section 401(b) of the Department of
Education Organization Act (20 U.S.C. 3461(b)(2)).
SEC. 404. CONFORMING AND TECHNICAL AMENDMENTS.
(a) Goals 2000: Educate America Act.--The table of contents
in section 1(b) of the Goals 2000: Educate America Act (20
U.S.C. 5801 note) is amended by striking the items relating
to parts A through E of title IX (including the items
relating to sections within those parts).
(b) Title 5, United States Code.--Title 5, United States
Code, is amended--
(1) in section 5314, by inserting a period after ``Under
Secretary of Education''; and
(2) in section 5315, by striking the following:
``Commissioner, National Center for Education
Statistics.''.
(c) General Education Provisions Act.--Section 447(b) of
the General Education Provisions Act (20 U.S.C. 1232j) is
amended by striking ``section 404(a)(6) of the National
Education Statistics Act of 1994 (20 U.S.C. 9003(a)(6))'' and
inserting ``section 153(a)(5) of the Education Sciences
Reform Act of 2002''.
(d) Elementary and Secondary Education Act of 1965.--The
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6301 et seq.) is amended as follows:
(1) Section 1111(c)(2) is amended by striking ``section
411(b)(2) of the National Education Statistics Act of 1994''
and inserting ``section 303(b)(2) of the National Assessment
of Educational Progress Authorization Act''.
(2) Section 1112(b)(1)(F) is amended by striking ``section
411(b)(2) of the National Education Statistics Act of 1994''
and inserting ``section 303(b)(2) of the National Assessment
of Educational Progress Authorization Act''.
(3) Section 1117(a)(3) is amended--
(A) by inserting ``(as such section existed on the day
before the date of enactment of the Education Sciences Reform
Act of 2002)'' after ``Act of 1994''; and
(B) by inserting ``regional educational applied research
and technical assistance entities established under section
203 of the Regional Assistance Act of 2002 and'' after
``assistance from''.
(4) Section 1501(a)(3) is amended by striking ``section 411
of the National Education Statistics Act of 1994'' and
inserting ``section 303 of the National Assessment of
Educational Progress Authorization Act''.
(5) The following provisions are each amended by striking
``Office of Educational Research and Improvement'' and
inserting ``Academy of Education Sciences'':
(A) Section 3222(a) (20 U.S.C. 6932(a)).
(B) Section 3303(1) (20 U.S.C. 7013(1)).
(C) Section 5464(e)(1) (20 U.S.C. 7253c(e)(1)).
(D) Paragraphs (1) and (2) of section 5615(d) (20 U.S.C.
7283d(d)).
(E) Paragraphs (1) and (2) of section 7131(c) (20 U.S.C.
7451(c)).
(6) Paragraphs (1) and (2) of section 5464(e) (20 U.S.C.
7253c(e)) are each amended by striking ``such Office'' and
inserting ``such Academy''.
(7) Section 5613 (20 U.S.C. 7283b) is amended--
(A) in subsection (a)(5), by striking ``Assistant Secretary
of the Office of Educational Research and Improvement'' and
inserting ``Director of the Academy of Education Sciences'';
and
(B) in subsection (b)(2)(B), by striking ``research
institutes of the Office of Educational Research and
Improvement'' and inserting
[[Page H1739]]
``National Education Centers of the Academy of Education
Sciences''.
(8) Sections 5615(d)(1) and 7131(c)(1) (20 U.S.C.
7283d(d)(1), 7451(c)(1)) are each amended by striking ``the
Office'' and inserting ``the Academy''.
(9) Section 9529(b) is amended by striking ``section
404(a)(6) of the National Education Statistics Act of 1994''
and inserting ``section 153(a)(5) of the Education Sciences
Reform Act of 2002''.
(e) School-to-Work Opportunities Act of 1994.--Section 404
of the School-to-Work Opportunities Act of 1994 (20 U.S.C.
6194) is amended by inserting ``(as such Act existed on the
day before the date of enactment of the Education Sciences
Reform Act of 2002)'' after ``Act of 1994''.
SEC. 405. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take
effect on October 1, 2002.
SEC. 406. SEVERABILITY.
If any provision of this Act, or the application of such
provision to any person or circumstance, is held invalid, the
remainder of this Act, or the application of such provision
to persons or circumstances other than those as to which the
provision is held invalid, shall not be affected thereby.
SEC. 407. ORDERLY TRANSITION.
The Secretary of Education shall take such steps as are
necessary to provide for the orderly transition to, and
implementation of, the offices, boards, committees, and
centers (and their various functions and responsibilities)
established or authorized by this Act, and by the amendments
made by this Act, from those established or authorized by the
Educational Research, Development, Dissemination, and
Improvement Act of 1994 (20 U.S.C. 6001 et seq.) and the
National Education Statistics Act of 1994 (20 U.S.C. 9001 et
seq.).
The SPEAKER pro tempore (Mr. Whitfield). Pursuant to the rule, the
gentleman from Delaware (Mr. Castle) and the gentleman from Michigan
(Mr. Kildee) each will control 20 minutes.
The Chair recognizes the gentleman from Delaware (Mr. Castle).
General Leave
Mr. CASTLE. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
and include extraneous information on H.R. 3801.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Delaware?
There was no objection.
Mr. CASTLE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in strong support of H.R. 3801, the
Education Science Reform Act Legislation, which transforms the Office
of Education Research into a streamlined, more independent Academy of
Education Sciences.
Earlier this year President Bush signed landmark education reforms
into law, demanding new and more challenging standards of
accountability from our States and improved student achievement from
our schools. Recognizing that any successful education reform effort
requires the best information on how children learn, the words
``scientifically-based research'' appear more than 100 times in the new
law.
The reason for the focus on scientific research is simple: Educators
need to know what works if they are to improve student achievement and
narrow the gap between our lowest and highest performing students.
Unfortunately, too much of what we recognize as education research is
simply opinion buttressed by anecdotes. Consider the following
examples:
Recently Congress established a national panel to evaluate existing
research on the most effective way to teach children to read. They
examined more than 100,000 federally-funded studies on reading, some
written as far back as 1966, and concluded only 10,000 met their
standards for scientific rigor.
From 1967 to 1976, the Federal Government managed the largest
education research project ever conducted in the United States,
comparing more than 20 different teaching programs on more than 70,000
students in 180 schools. Yet at the end of the study, all of the
programs, those that were successful and those that failed, were
recommended for distribution to schools. Today schools invest untold
time and resources in one education fad after another. Without sound
science to back program claims, teachers and school administrators are
forced to use guesswork to determine the best classroom practices in
students and students' achievement often suffers.
Even when scientific research is conducted, news of the findings
seldom reaches teachers in the classrooms. When it does, it is often
not relevant to the needs or it is not translated into understandable
classroom applications. Two years ago I introduced legislation to
improve the rigor and relevance of education research and to provide
educators and policy-makers access to unbiased and reliable
information.
The legislation before us today, H.R. 3801, picks up where that bill
left off. It ensures that tried and true scientific information, not
fads or fiction, form the basis for setting education policy and
improving education practice. Specifically, H.R. 3801 attempts to
address what I have come to know as serious shortcomings in the fields
of education research, including the creeping influence of short-lived
partisan or political operatives, the funding and dissemination of
questionable studies, programs, and practices, and an overly
bureaucratic office with no real sense of mission, mired by duplicative
programs and competing interests.
Among other things, H.R. 3801 replaces the current Office of
Education Research and Improvement with the new streamlined Academy of
Education Science; insulates the new academy from inappropriate
partisan or political influences; ensures that high quality standards
put an end to education fads that masquerade as sound science; and
creates a culture of science by allowing the new director to attract
and retain the best researchers, evaluators and statisticians to the
academy. It ensures that the research activities of the academy are
driven by the needs of parents, teachers and school administrators, not
ivory tower researchers; and ensures that technical assistance,
including help in implementing the No Child Left Behind Act, is
accountable to States and schools.
For more than 30 years, we have heard excuses on why education could
not be held to the same standards as other professions, and for 30
years Federal research conducted by the Office of Educational Research
and Improvement has been, to a large extent, a disappointment.
If we are to lift those who are struggling to achieve proficiency in
reading, math and science, we must give our educators the information
they need to help their students learn. For that to happen, we must
expect more from our Federal investment in education research. We must
expect scientific rigor and we must ensure that what works in education
informs classroom practice.
To that end, H.R. 3801 makes long overdue changes to the Office of
Education Research and Improvement. I urge my colleagues to support
this bipartisan common sense legislation and send a strong message to
the other body that the successful implementation of No Child Left
Behind Act requires a Federal office that can deliver a high quality
education research product.
Mr. Speaker, I reserve the balance of my time.
Mr. KILDEE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, today's consideration of H.R. 3801 marks an important
step in this committee's addressing the equal and effectiveness of
education research and technical assistance. I believe our work on this
legislation over the last 2 years has produced a good bipartisan
product that warrants our support today. I do want to thank the
gentleman from Delaware (Mr. Castle) and the gentleman from Ohio (Mr.
Boehner) for their willingness to address Democratic concerns on this
legislation.
This legislation addresses several critical issues in the area of
education research. First is adequate resources. H.R. 3801 authorizes
over $700 million for the department's research and technical
assistance activities, nearly double existing funding. This level of
funding is vital in the research academy created under this legislation
to become a top flight education research organization.
This bill also includes the provisions sought by the gentleman from
New York (Mr. Owens), long a leader in Congress on education issues, to
increase outreach and involvement of historically black colleges and
universities and Hispanic-serving institutions, and to permit
fellowships to build research, knowledge and experience.
In addition, H.R. 3801 ensures that research is conducted through
national research and development centers and
[[Page H1740]]
that 50 percent of research funding is for long-term research, both
critical elements necessary to ensure high quality and effective
research. This legislation also seeks to maintain the current
governance relationship between the national assessment of educational
process, the Department of Education, and the national assessment
governing board, and in no way undermines any present authority
provided to the board.
It is my intent that the changes made by this bill do not modify the
manner in which the National Center for Education Statistics
administers the national assessment.
Lastly, the bill ensures that we have a strong regional development
and technical assistance focus that allows the continuation of existing
life quality regional laboratories in comprehensive centers. Each
region will competitively fund entities similar to the existing
regional education laboratories and comprehensive assistance centers.
Our colleague, the gentleman from Wisconsin (Mr. Kind), has worked
hard to ensure the bill's technical assistance focus would be
responsive to local needs.
Mr. Speaker, a strong research focus at the Department of Education
is vital to improving the educational achievement of our children.
Coupled with the elements of the recently passed reauthorization of the
Elementary and Secondary Education Act, this legislation can play a
critical role in providing high quality research, technical assistance,
and developmental activities. It is my belief that this legislation
moves us in the right direction to accomplish these feats, and I urge
Members to support it today.
Mr. Speaker, I reserve the balance of my time.
Mr. CASTLE. Mr. Speaker, I yield such time as he may consume to the
gentleman from Ohio (Mr. Boehner) the chairman of the Committee on
Education and the Workforce.
Mr. BOEHNER. Mr. Speaker, the reauthorization of the Office of
Education Research and Improvement has been waiting for more than 3
years to receive action on the floor of the House. And today we have
the Education Science Reform Act of 2002 here through the hard work of
the chairman of the subcommittee, the gentleman from Delaware (Mr.
Castle), the ranking Democrat on the subcommittee, the gentleman from
Michigan (Mr. Kildee), who have done a marvelous job in bringing this
bill together through subcommittee and full committee and here on the
floor today. And without the leadership of the gentleman from Delaware
(Mr. Castle), it just would not have happened at all.
Providing high quality, scientifically based education research is
vital if we are going to improve our Nation's schools. The Education
Science Act of 2002 does just that. In addition, it provides technical
assistance to regions, States, districts, and schools that is
accountable, customer-driven and focused on the implementation of the
No Child Left Behind Act. Let me emphasize that the reforms in this
bill will greatly assist in helping the No Child Left Behind Act,
successfully transform and reform our schools.
Mr. Speaker, I especially want to thank the gentleman from Delaware
(Mr. Castle) and the gentleman from Michigan (Mr. Kildee) for their
bipartisan leadership in working out this agreement. This is no small
task since we have so few legislative days this year and I want to
thank both of them very much. But they are not alone. The gentleman
from Florida (Mr. Keller), the gentleman from Colorado (Mr. Schaffer),
the gentleman from Michigan (Mr. Ehlers), the gentleman from Virginia
(Mr. Scott), the gentleman from Wisconsin (Mr. Kind), the gentleman
from New York (Mr. Owens) and others have rolled up their sleeves and
worked out the many differences that were in this bill.
The result was the bill went through both the subcommittee and the
full committee by unanimous consent, and we expect the same level of
support today here on the House floor. The President and the
administration also support this bill. I especially want to thank
Assistant Secretaries Russ Whitehurst and Becky Campoverde who, with
their staff, worked closely with us as we brought this legislation
forward. My thanks also to Jay Lefkowitz and Noel Franciso from the
Office of Policy Development at the White House for their help.
Once again, I want to thank my colleague, the ranking Democrat on our
committee, the gentleman from California (Mr. George Miller), for
making this bipartisan process work. We have continued the good
relationship we had during the year-long work on the No Child Left
Behind Act, and I am hopeful that we have set a new tone and a new
example for the Congress, and that the approval of the House today of
the Education Sciences Reform Act of 2002 demonstrates once again that
we can do great things when we work together. The staff of the
committee on both sides of the aisle is to be commended as well for all
of their efforts in working with the Members and really doing the grunt
work that brings us to a successful conclusion today. With that, I am
going to thank my colleagues once again.
Mr. KILDEE. Mr. Speaker, I yield two minutes to the gentleman from
Indiana (Mr. Roemer).
(Mr. ROEMER asked and was given permission to revise and extend his
remarks and include extraneous material.)
Mr. ROEMER. Mr. Speaker, I rise to commend the gentleman from
Delaware's (Mr. Castle) and the gentleman from Michigan's (Mr. Kildee)
contributions, particularly on our side from the gentleman from New
York (Mr. Owens), and the gentleman from Wisconsin (Mr. Kind), to
improve the underlying bill to address the research and reform needed
in this country to better share best practices throughout the United
States to improve our school system.
The chairman mentioned one aspect of this bill that I have a caveat
and a concern about, and that is the money that is provided for
carrying out the No Child Left Behind Act, actually to provide training
and technical assistance that will begin to take the first steps for
the No Child Left Behind Act. The chairman said, I think, very
articulately that that act was a bipartisan act, the Democrats and
Republicans working with the President to maybe pass some of the most
significant reforms in the past 20 years. I agree with that as well.
However, if we do not provide the resources and the money to go along
with the reforms to improve Title I programs, to support the teacher
development, to help the schools in corrective action, then that bill
starts to fall apart.
I would include after my statement an article by David Broader from
this Sunday's Washington Post that says this: ``The gap between the
reality and the Washington rhetoric about raising standards in school
while ensuring that no child is left behind is alarmingly large.''
If the appropriators do not appropriate the significant funds and the
sufficient funds to ensure that we can lock in these reforms, and the
States are cutting their budgets and not providing us money to the
State schools, then this reform, no child left behind, grows
increasingly in peril of backsliding and going backwards on its
commitments to children in this country.
I hope we keep our eye on the appropriations process.
The article mentioned is as follows:
[From The Washington Post]
A Matter of Money . . .
(By David S. Broder)
Last week Oregon newspapers carried an Associated Press
report that more than 4,600 taxpayers had voluntarily donated
almost $700,000 of their tax refunds from the state to a
newly created fund for support of public schools.
It was a small percentage of the $240 million automatically
rebated when revenue for the 1999-2001 biennium exceeded
estimates. But with the economic slowdown now causing a
budget crunch in Oregon, as in more than 40 other states,
these taxpayers recognized that education is in jeopardy. A
recent special session found the Oregon legislature cutting
the schools' budget by $112 million.
What is happening in Oregon is happening across the
country. The National Conference of State Legislatures
reported last week that in the current fiscal year, 17 states
faced reductions in their budgets for elementary and
secondary schools, and 29 faced cuts for colleges and
universities.
The gap between this reality and the Washington rhetoric
about raising standards in schools while ensuring that ``no
child is left behind'' is alarmingly large.
In just the past few days, parents and students in state
after state have heard disturbing news about the schools. The
Massachusetts House of Representatives received a
[[Page H1741]]
committee-approved budget that would cut school spending 10
percent across the board, reducing state aid to local
districts by $320 million.
In Tennessee, seven ``Governor's Schools,'' where gifted
and talented high school students lived together in
dormitories for a month of challenging summer studies of
science, the arts and even international relations, have been
canceled. The $15 million cost apparently is more than the
sate can afford to invest in its most promising young people.
At the other end of the educational spectrum, the
administration of freshman New Jersey Gov. Jim McGreevey has
petitioned for relief from the court order requiring the
state to put extra funds in to the 30 poorest school
districts. These districts--urban areas with low property-tax
bases--were supposed to get $83 million extra in state funds
to help them repair buildings, hire teachers and improve
instruction. Instead, like every other district, they will be
level-funded next year.
No governors or legislators want to damage the schools
their constituents use. But the requirement to balance
budgets in a time of slumping revenues has left them little
choice. While Washington goes blithely on its way, cutting
taxes, running up deficits and borrowing from Social
Security, the states are in a jam.
What is happening to elementary and secondary schools is
minor compared with the hit on higher education. In the face
of rising enrollments, Pennsylvania is cutting its higher ed
budget by almost 5 percent. Penn State students, who were hit
with an 8 percent tuition increase this year, will face
another tuition boost and a fee increase of up to $600 when
they come back to school.
They are better off than students at the University of
Washington, where the budget calls for a 16 percent tuition
increase. And in education-conscious Iowa, the presidents of
the three largest state universities said in a joint
statement that the legislature's cuts ``will unquestionably
compromise the quality of our educational programs.'' State
funding, which once paid 77 percent of the bills, now pays 60
percent, and most of the falloff has been made up by raising
tuition.
The irony is that even as all this is happening, a poll
released last week reaffirms the importance of education to
most voters. The Public Education Network and Education Week
newspaper reported that when it comes to balancing state
budgets, voters overwhelmingly say that schools are the top
priority. Education leads the No. 2 choice, health care, by a
3-to-1 margin. Law enforcement, welfare, services for
seniors, transportation and economic development lag far
behind.
But that is not what the budgets reflect. Medicaid payments
are the fastest-growing state expenditures, and those costs
leave little room for education or other programs.
Washington is not helping much. The federal government is
still falling far short on its promise to pay 40 percent of
the bills for special education students, whose needs are a
crippling cost for local school districts.
After boosts in education spending by healthy double-digit
percentages in the last year of the Clinton administration
and the first year of the Bush administration, this year's
federal budget calls for only a 2.8 percent increase.
With the feds preferring tax cuts to education aid, and the
states cutting back because of their budget squeeze, America
is in serious danger of backsliding on the promise to improve
its schools.
Mr. CASTLE. Mr. Speaker, I have no further speakers and I continue to
reserve the balance of my time.
Mr. KILDEE. Mr. Speaker, I yield four minutes to the gentleman from
Virginia (Mr. Scott).
Mr. SCOTT. Mr. Speaker, I thank the gentleman for yielding me time.
I rise in support of the bill H.R. 3801 which restructures and
refocuses the research branch of the Department of Education. I would
like to thank the committee chairman, the gentleman from Delaware (Mr.
Castle), and the ranking member, the gentleman from Michigan (Mr.
Kildee), for their leadership in crafting this bipartisan bill.
The bill before us significantly restructures the current research
office, known as the Office of Educational Research and Improvement,
into a new Academy of Educational Sciences.
{time} 1815
The reformation of Federal educational research is absolutely
essential if we are to close the achievement gaps and assure that all
children have an opportunity of an equal educational opportunity. The
work that we are doing on this issue will be critical in helping
educators meet these challenges set forth in H.R. 1, the newly signed
education bill.
As the Assistant Secretary of Education noted in his testimony before
the Committee on Education and the Workforce, H.R. 1 mentions
scientifically-based research over 110 times as it relates to
educational programs. Yet there are significant deficits in what we
know about how children learn and which programs work, especially when
it comes to children who are disadvantaged, have limited English
proficiency or have disabilities.
While our present educational system serves most children fairly
well, it struggles to meet the needs of children with special
challenges in their paths. The newly structured academy can help us
figure out how to better serve all children, close achievement gaps and
ensure that all children get a quality education.
In crafting this legislation, we paid special attention to making
sure that the research conducted by the academy was focused on
producing useful findings, that is, teaching methodologies that we
could actually put into practice. We need to find programs that are
scientifically proven to be effective in educating students who have
traditionally been disadvantaged so that they, and their schools, can
meet the standards set forth in H.R. 1.
Structuring the academy so that it concentrates on research that can
be put into practice will be beneficial to all 15,000 school districts
in the United States. The academy will serve as a national resource so
that valuable time is not lost by each individual school and each
individual teacher trying to reinvent the wheel and come up with
educational programs to serve their students.
I am especially pleased that we are authorizing $400 million, double
the funds now available for OERI. Funding for educational research has
been anemic over the years, and no amount of restructuring will achieve
the needed results if appropriate resources are not applied.
I would again like to thank the subcommittee chair and the ranking
member for a chance to work on this bipartisan bill that restructures
Federal educational research that empowers teachers and schools to be
better able to do their jobs.
Mr. CASTLE. Mr. Speaker, I reserve the balance of my time.
Mr. KILDEE. Mr. Speaker, I yield myself such time as I may consume.
Just briefly, I want to thank the gentleman from Delaware (Mr.
Castle) for our work together. He has always been open and frank,
honest, and we had some very fruitful discussions, sometimes some
differences with which we were determined to work out. It is always a
pleasure to work with Governor Castle, and when the President signs
this bill into law, he will be able to add another item to an already
illustrious record, both as governor and as a Member of this House.
Mr. Speaker, I yield back the balance of my time.
Mr. CASTLE. Mr. Speaker, I yield myself such time as I may consume.
Let me just return the compliment to the gentleman from Michigan (Mr.
Kildee). Disagreeing with the gentleman is better than agreeing with
most people I have learned. He is a great pleasure to work with. We
have worked together on a number of issues now, and these are
contentious issues I might add, and have been able to work them out,
greatly to his credit, and I appreciate that.
I would also like to take this time to extend my heartfelt thanks to
the many Members, staff and administration officials that made this
bipartisan reform effort possible.
Although education research is not an area that commands the
attention of many Americans, or even many Members of Congress for all
that matter, I was fortunate to work with a group of dedicated
professionals who wanted to make education research better. They
include obviously the Subcommittee on Education Reform ranking member,
the gentleman from Michigan (Mr. Kildee); but also the gentleman from
Colorado (Mr. Schaffer), the vice-chairman; the gentleman from
California (Mr. George Miller), full committee ranking member; as well
as the gentleman from Florida (Mr. Keller), the gentleman from
Wisconsin (Mr. Kind), the gentleman from Georgia (Mr. Isakson), the
gentleman from Virginia (Mr. Scott); the gentleman from Colorado (Mr.
Tancredo), and the gentleman from New York (Mr. Owens). I thank all of
them for their important contributions.
I also want to extend my gratitude to the gentleman from Ohio (Mr.
Boehner), the chairman of the Education and Workforce Committee.
Without his leadership and thoughtful
[[Page H1742]]
counsel, we would not be on the floor today.
I would also be remiss if I did not thank President Bush, Secretary
Paige and Under Secretary Hickock and Assistant Secretary Russ
Whitehurst and Becky Campoverde. I am indebted to them all for raising
the profile of this issue and for their year-long counsel and
unwaivering support of the principles embodied in this bill.
Last but certainly not least, I want to thank the staff for their
hard work and abiding interest in education reform. Often vacations
were sacrificed and family dinners were put on hold to get us to the
floor of the House of Representatives. I think one has to be a Member
of the House to understand how important staffs are to us and the
extraordinary work they did.
Although many offered a helping hand, I want to especially thank
Sally Lovejoy, the boss in all this; Doug Mesecar, who is to my left;
Bob Sweet, Patrick Lyden, Jo-Marie St. Martin; on the other side, Alex
Nock, Denise Forte and Charlie Barone, all of whom did a superb job.
This team really went above and beyond the call of duty, and I am
grateful to them for their efforts.
I would particularly like to thank Kara Haas of my staff who has
dedicated all the recent years to education issues and has done a
wonderful job of pulling all of this together.
Mrs. MINK of Hawaii. Mr. Speaker, I rise in support of H.R. 3801, the
Education Science Reform Act of 2002.
H.R. 3801 marks a significant step forward in the Congress' effort to
improve the research, evaluation, and technical assistance focus of the
Department of Education, High quality research, statistics,
development, and technical assistance is critical to improving
education in the 21st century.
H.R. 3801 authorizes a total of $700 million for the Department of
Education's research, statistics, evaluations, and technical assistance
activities. This is nearly double the current funding and ensures that
almost 1 percent, or $400 million, of the Department's budget will be
reserved for research activities. This ensures that the Academy of
Education Sciences that the bill creates will become a premier
education research organization that is capable of producing high
quality research.
H.R. 3801 also creates the Regional Development and Technical
Assistance program that provides funds for two entities per region. One
entity will provide applied research and development while the other
will provide technical assistance. These entities are governed by a
local regional board that incorporates all States in the region and
whose membership is chosen by the chief State school officer of each
State.
I am pleased that H.R. 3801 will continue to allow all four states of
the Federated States of Micronesia (FSM) (Chuuk, Kosrae, Pohnpei, and
Yap) to participate in the program and be fully represented on the
regional boards. Hawaii's educational laboratory, research, and
technical assistance provider, the Pacific Resources for Education and
Learning (PREL), has been successful and effective in meeting the needs
of all the States in Hawaii's region, which includes Hawaii, the
outlying area (Guam, American Samoa, and the Northern Mariana Islands)
and the freely associated states (FAS)(Palau, the Marshall Islands, and
the four States of the FSM, Chuuk, Kosrae, Pohnpei, and Yap) because of
the participation of all the chief State school officers.
Mr. Speaker, I am pleased that Congress is committing to creating a
strong office of research, statistics, evaluation, development, and
technical assistance in the Department of Education. The Academy will
be vital to future increases in student achievement and in the
management and operation of our Nation's schools. H.R. 3801 makes the
needed changes and adds the necessary resources to making this office a
reality. I urge my colleagues to support this bill.
Mr. KIND. Mr. Speaker, I rise today in support of H.R. 3801, the
Education Sciences Reform Act of 2002. As a member of the Education and
Workforce committee, I am proud to have been a part of the bipartisan
effort to strengthen the quality of public education in all regions of
the country. This bill restructures the Office of Education Research
and Improvement, OERI, first authorized in 1994, maintaining the
regional support structures to help our schools succeed.
This issue is of special importance to the people of my district in
western Wisconsin. The small, rural schools of my district strive to
provide quality educational opportunities for their students, but need
a support structure to help implement the many changes recently
required by the Federal Government in the No Child Left Behind Act.
OERI provides such a structure through regional laboratories and
comprehensive centers. During reauthorization, I advocated for the
continued funding of these regional entities that provide applied
research and development along with technical assistance to schools in
rural areas. At the same time, I support the need for a competitive
environment geared toward performance-oriented funding for these
regional entities. Without this type of regional structure, there would
be no guarantee that schools such as those in my district would
continue to receive these services.
The comprehensive centers and regional educational laboratories are
invaluable resources for providing quality education to children in our
small, rural schools. The mission of the regional comprehensive center
is to provide technical assistance to schools and districts, while the
regional labs create strategies to promote student improvement through
applied research. Schools in rural areas are often faced with the
challenges of serving a community with a small population, making it
difficult to maintain adequate funding and a strong technology
infrastructure. The labs and comprehensive centers offer the assistance
needed to meet the needs of students in these areas. By supporting
these entities, children in rural schools can be afforded the same
types of educational tools that their counterparts in large, more urban
schools receive: access to educational technologies, enrichment in math
and science, and gifted and talented education, all of which help
prepare our children everywhere for the workforce of the future.
In particular, the Wisconsin Center for Education Research, located
in my home State, is able to provide schools with the tools they need
for success. This comprehensive center at the University of Wisconsin-
Madison School of Education provides services to Iowa, Michigan,
Minnesota, North Dakota, South Dakota, and Wisconsin. All of these
States contain a large number of small, rural schools in need of the
technical assistance and applied research to continue providing quality
education to the students of their districts. The Wisconsin Center
provides proven, quality research dedicated to improving education for
students of all ages, and is indeed one of the premier comprehensive
centers in the Nation.
Mr. Speaker, I am proud to have been a part of the committee that
recognized the importance of strong research and evaluation in
providing quality education to students of our country. I would like to
thank the subcommittee chairman from Delaware, Mr. Castle, the ranking
member from Michigan, Mr. Kildee, and the other members of the
subcommittee for the continued efforts to make this bipartisan bill as
strong as possible. Through our efforts we will continue to ensure that
no child is left behind in our education system.
Mr. GEORGE MILLER of California. Mr. Speaker, I want to first applaud
the achievement of Chairman Castle and Congressman Kildee and their
staffs for their work on this bill. Both members have championed the
need for quality education research and this legislation reflects their
leadership on this issue.
H.R. 3801 complements the bipartisan effort that started with the No
Child Left Behind Act. In that landmark reform measure, states and
schools district are now accountable for providing a quality education
to all children. And, the availability of scientifically based research
that demonstrates what works and what doesn't work will be critical in
this effort. H.R. 3801 establishes the framework to make this happen.
This legislation injects a much needed culture of science into
education research through the newly established Academy of Education
Sciences.
The Academy will be responsible for ensuring that the research used
by school districts in their reform efforts will be of the highest
quality and meet the highest standards. The Academy will also conduct
new research and be the arm through which this research is disseminated
to the field.
H.R. 3801 will bring research directly into the classroom where it is
needed the most. Through a system of regional technical assistance,
school districts will be able to receive support tailored to their
needs.
And, perhaps most important this legislation authorizes a new level
of investment in education research to match the demand for quality
science on what works to improve education.
Again, I commend the work of my colleagues Congressmen Castle and
Kildee and look forward to working with them as it continues through
the legislative process.
Again, I want to applaud the work of the chairman and ranking member.
Mr. SMITH of Michigan. Mr. Speaker, I rise in support of the
Education Science Reform Act.
As one famous scientist observed, ``It is nothing short of a miracle
that the modern methods of instruction have not yet entirely strangled
the holy curiosity of enquiry.'' That scientist was Albert Einstein,
and its apparent that since his day things haven't changed all that
much.
Our colleges and universities are still the best in the world, but as
international tests
[[Page H1743]]
show, U.S.K.-12 students do not measure up to their peers in other
industrialized countries.
As Chairman of the Subcommittee on Research, we have been advocating
that we devote more of our education research funding to research on
how kids learn. Our current knowledge of how children acquire such
academic skills as reading and math is not well advanced. Further, we
know very little about the how to link fundamental research and
educational practice in the classroom.
We have to find out what works in the classroom, and what doesn't. In
hearings before my subcommittee, we have found that new teaching
methods and technologies are often introduced into classrooms with
little or no data showing that they are effective.
This is unfortunate, and it means that many of our kids will not be
prepared for the high-tech future. If we want to do a better job of
imparting to students the skills they need to be successful in science
and math, we have to employ the most effective teaching methods from
kindergarten to college. To help do that, we must conduct the kind of
research and date collections to better discover what works.
Currently, federal funding for education research is a fraction of a
percent of all education spending. It stands to reason that increasing
funding in this area will allow us to develop policies and programs
that will spend the other 99+ percent of funding on education programs
more effectively.
I am pleased that National Mathematics and Science Partnerships Act,
which passed the House last summer, contains language I proposed to
have NSF establish centers for education research. These
multidisciplinary centers will focus on research that has the potential
to transform education research and teaching practice.
Complementing this effort is the work being done by the Department of
Education authorized in this bill. I am particularly pleased that the
bill establishes ``scientifically-based research standards'' for this
program. Witnesses before my subcommittee testified to the shortcomings
of the research being conducted by the Education Department. This
legislation brings scientific rigor to an area of research that often
lacks it, and I want to commend the gentleman from Delaware, Mr.
Castle, and the Chairman of the Education Committee, Mr. Boehner, for
their work in making this needed reform.
Mr. Speaker, it is in this country's best interest to see that
students receive the education they will need to compete and win in the
global marketplace of the future. This bill will help us achieve that
goal.
Mr. HOLT. Mr. Speaker, I rise today to speak on HR 3801, the
Education Sciences Reform Act. The bill restructures the current
statute governing the Office of Educational Research and Improvement by
creating the Academy of Education Sciences.
While there are many positive things in this bill, it also has a
number of weaknesses that should be addressed. Unfortunately, because
this bill is on the suspension calendar, we will not get a chance to
amend it. This legislation is missing two important initiatives, the
Eisenhower Regional Mathematics and Science Consortia and the
Eisenhower National Clearinghouse.
We must continue to make science education a priority in order to be
prepared to compete in the global market place.
One way of doing this is the Eisenhower Regional Mathematics and
Science Consortia. Currently, the 10 regional Eisenhower Mathematics
and Science Consortia provide expert, research-based advice to
teachers, schools, and states on how to improve their math and science
programs and accountability systems.
The Consortia have economies of scale for expert staff and programs
that most school districts could never duplicate; and as a network,
their use of Federal resources is even more efficient.
With their regional partners, the Consortia provide professional
development and technical assistance that enables teachers and
policymakers learn from math and science research in their efforts to
improve math and science teaching and learning.
The Consortia work with National Science Foundation to disseminate
exemplary teaching methods for science and math.
The Consortia coordinate resources on math and science within their
regions to maximize their collective impact.
The Consortia deliver customized services without red tape. Without
the Consortia, teachers and administrators must procure other funds
with the associated paperwork for assistance that the Consortia
proactively supply without administrative burdens.
The other important science and mathematics institution is the
Eisenhower National Clearinghouse.
The Eisenhower National Clearinghouse acquires and catalogs
mathematics and science curriculum resources, creating the most
comprehensive collection in the nation.
The clearinghouse provides the best selection of math and science
education resources on the Internet.
The clearinghouse also supports teachers' professional development in
math, science, and the effective use of technology.
Most importantly it serves all K-12 educators, parents, and students
with free products and services. To help them do the best possible job
of teaching math and science to our kids.
We must supply the resources for our schools and teachers for math
and science education. Giving all children an understanding of science
is one of the greatest challenges facing our nation today. The degree
to which our children acquire these important skills will help
determine their future economic success and, in turn, will help shape
the productivity and economic future of the entire United States.
A quality science education is important for reasons of economics or
national security. But it is also important for personal well-being and
for the well-being of our democracy.
Science brings order, harmony, and balance to our lives. It teaches
us that our world is intelligible and not capricious. They give us the
skill for lifelong learning, for creating progress itself.
Mr. Speaker, this bill will pass today, but as it moves forward we
should correct this oversight regarding the Eisenhower Regional
Mathematics and Science Consortia and the Eisenhower National
Clearinghouse.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
The SPEAKER pro tempore (Mr. Whitfield). The question is on the
motion offered by the gentleman from Delaware (Mr. Castle) that the
House suspend the rules and pass the bill, H.R. 3801, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________