[107th Congress Public Law 279]
[From the U.S. Government Printing Office]
[DOCID: f:publ279.107]
[[Page 1939]]
EDUCATION SCIENCES REFORM
[[Page 116 STAT. 1940]]
Public Law 107-279
107th Congress
An Act
To provide for improvement of Federal education research, statistics,
evaluation, information, and dissemination, and for other
purposes. <<NOTE: Nov. 5, 2002 - [H.R. 3801]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
TITLE I--EDUCATION SCIENCES REFORM
Sec. 101. Short title.
Sec. 102. Definitions.
Part A--The Institute of Education Sciences
Sec. 111. Establishment.
Sec. 112. Functions.
Sec. 113. Delegation.
Sec. 114. Office of the Director.
Sec. 115. Priorities.
Sec. 116. National Board for Education Sciences.
Sec. 117. Commissioners of the National Education Centers.
Sec. 118. Agreements.
Sec. 119. Biennial report.
Sec. 120. Competitive awards.
Part B--National Center for Education Research
Sec. 131. Establishment.
Sec. 132. Commissioner for Education Research.
Sec. 133. Duties.
Sec. 134. Standards for conduct and evaluation of research.
Part C--National Center for Education Statistics
Sec. 151. Establishment.
Sec. 152. Commissioner for Education Statistics.
Sec. 153. Duties.
Sec. 154. Performance of duties.
Sec. 155. Reports.
Sec. 156. Dissemination.
Sec. 157. Cooperative education statistics systems.
Sec. 158. State defined.
Part D--National Center for Education Evaluation and Regional Assistance
Sec. 171. Establishment.
Sec. 172. Commissioner for Education Evaluation and Regional Assistance.
Sec. 173. Evaluations.
Sec. 174. Regional educational laboratories for research, development,
dissemination, and technical assistance.
Part E--General Provisions
Sec. 181. Interagency data sources and formats.
[[Page 116 STAT. 1941]]
Sec. 182. Prohibitions.
Sec. 183. Confidentiality.
Sec. 184. Availability of data.
Sec. 185. Performance management.
Sec. 186. Authority to publish.
Sec. 187. Vacancies.
Sec. 188. Scientific or technical employees.
Sec. 189. Fellowships.
Sec. 190. Voluntary service.
Sec. 191. Rulemaking.
Sec. 192. Copyright.
Sec. 193. Removal.
Sec. 194. Authorization of appropriations.
TITLE II--EDUCATIONAL TECHNICAL ASSISTANCE
Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Comprehensive centers.
Sec. 204. Evaluations.
Sec. 205. Existing technical assistance providers.
Sec. 206. Regional advisory committees.
Sec. 207. Priorities.
Sec. 208. Grant program for statewide, longitudinal data systems.
Sec. 209. Authorization of appropriations.
TITLE III--NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Authorization of appropriations.
TITLE IV--AMENDATORY PROVISIONS
Sec. 401. Redesignations.
Sec. 402. Amendments to Department of Education Organization Act.
Sec. 403. Repeals.
Sec. 404. Conforming and technical amendments.
Sec. 405. Orderly transition.
Sec. 406. Impact aid.
TITLE <<NOTE: Education Sciences Reform Act of 2002.>> I--EDUCATION
SCIENCES REFORM
SEC. 101. <<NOTE: 20 USC 9501 note.>> SHORT TITLE.
This title may be cited as the ``Education Sciences Reform Act of
2002''.
SEC. 102. <<NOTE: 20 USC 9501.>> DEFINITIONS.
In this title:
(1) In general.--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) Applied research.--The term ``applied research'' means
research--
(A) to gain knowledge or understanding necessary for
determining the means by which a recognized and specific
need may be met; and
(B) that is specifically directed to the advancement
of practice in the field of education.
(3) Basic research.--The term ``basic research'' means
research--
[[Page 116 STAT. 1942]]
(A) to gain fundamental knowledge or understanding
of phenomena and observable facts, without specific
application toward processes or products; and
(B) for the advancement of knowledge in the field of
education.
(4) Board.--The term ``Board'' means the National Board for
Education Sciences established under section 116.
(5) Bureau.--The term ``Bureau'' means the Bureau of Indian
Affairs.
(6) Comprehensive center.--The term ``comprehensive center''
means an entity established under section 203 of the Educational
Technical Assistance Act of 2002.
(7) Department.--The term ``Department'' means the
Department of Education.
(8) Development.--The term ``development'' means the
systematic use of knowledge or understanding gained from the
findings of scientifically valid research and the shaping of
that knowledge or understanding into products or processes that
can be applied and evaluated and may prove useful in areas such
as the preparation of materials and new methods of instruction
and practices in teaching, that lead to the improvement of the
academic skills of students, and that are replicable in
different educational settings.
(9) Director.--The term ``Director'' means the Director of
the Institute of Education Sciences.
(10) Dissemination.--The term ``dissemination'' means the
communication and transfer of the results of scientifically
valid research, statistics, and evaluations, in forms that are
understandable, easily accessible, and usable, or adaptable for
use in, the improvement of educational practice by teachers,
administrators, librarians, other practitioners, researchers,
parents, policymakers, and the public, through technical
assistance, publications, electronic transfer, and other means.
(11) Early childhood educator.--The term ``early childhood
educator'' means a person providing, or employed by a provider
of, nonresidential child care services (including center-based,
family-based, and in-home child care services) that is legally
operating under State law, and that complies with applicable
State and local requirements for the provision of child care
services to children at any age from birth through the age at
which a child may start kindergarten in that State.
(12) Field-initiated research.--The term ``field-initiated
research'' means basic research or applied research in which
specific questions and methods of study are generated by
investigators (including teachers and other practitioners) and
that conforms to standards of scientifically valid research.
(13) Historically black college or university.--The term
``historically Black college or university'' means a part B
institution as defined in section 322 of the Higher Education
Act of 1965 (20 U.S.C. 1061).
(14) Institute.--The term ``Institute'' means the Institute
of Education Sciences established under section 111.
(15) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
[[Page 116 STAT. 1943]]
(16) National research and development center.--The term
``national research and development center'' means a research
and development center supported under section 133(c).
(17) Provider of early childhood services.--The term
``provider of early childhood services'' means a public or
private entity that serves young children, including--
(A) child care providers;
(B) Head Start agencies operating Head Start
programs, and entities carrying out Early Head Start
programs, under the Head Start Act (42 U.S.C. 9831 et
seq.);
(C) preschools;
(D) kindergartens; and
(E) libraries.
(18) Scientifically based research standards.--(A) The term
``scientifically based research standards'' means research
standards that--
(i) apply rigorous, systematic, and objective
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.
(19) Scientifically valid education evaluation.--The term
``scientifically valid education evaluation'' means an
evaluation that--
(A) adheres to the highest possible standards of
quality with respect to research design and statistical
analysis;
(B) provides an adequate description of the programs
evaluated and, to the extent possible, examines the
relationship between program implementation and program
impacts;
(C) provides an analysis of the results achieved by
the program with respect to its projected effects;
[[Page 116 STAT. 1944]]
(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.
(20) Scientifically valid research.--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.
(21) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(22) State.--The term ``State'' includes (except as provided
in section 158) each of the 50 States, the District of Columbia,
the Commonwealth of Puerto Rico, the freely associated states,
and the outlying areas.
(23) Technical assistance.--The term ``technical
assistance'' means--
(A) assistance in identifying, selecting, or
designing solutions based on research, including
professional development and high-quality training to
implement solutions leading to--
(i) improved educational and other practices
and classroom instruction based on scientifically
valid research; and
(ii) improved planning, design, and
administration of programs;
(B) assistance in interpreting, analyzing, and
utilizing statistics and evaluations; and
(C) other assistance necessary to encourage the
improvement of teaching and learning through the
applications of techniques supported by scientifically
valid research.
PART A--THE INSTITUTE OF EDUCATION SCIENCES
SEC. 111. <<NOTE: 20 USC 9511.>> ESTABLISHMENT.
(a) Establishment.--There shall be in the Department the Institute
of Education Sciences, to be administered by a Director (as described in
section 114) and, to the extent set forth in section 116, a board of
directors.
(b) Mission.--
(1) In general.--The mission of the Institute is to provide
national leadership in expanding fundamental knowledge and
understanding of education from early childhood through
postsecondary study, in order to provide parents, educators,
students, researchers, policymakers, and the general public with
reliable information about--
(A) the condition and progress of education in the
United States, including early childhood education;
(B) educational practices that support learning and
improve academic achievement and access to educational
opportunities for all students; and
(C) the effectiveness of Federal and other education
programs.
[[Page 116 STAT. 1945]]
(2) Carrying out mission.--In carrying out the mission
described in paragraph (1), the Institute shall compile
statistics, develop products, and conduct research, evaluations,
and wide dissemination activities in areas of demonstrated
national need (including in technology areas) that are supported
by Federal funds appropriated to the Institute and ensure that
such activities--
(A) conform to high standards of quality, integrity,
and accuracy; and
(B) are objective, secular, neutral, and
nonideological and are free of partisan political
influence and racial, cultural, gender, or regional
bias.
(c) Organization.--The Institute shall consist of the following:
(1) The Office of the Director (as described in section
114).
(2) The National Board for Education Sciences (as described
in section 116).
(3) The National Education Centers, which include--
(A) the National Center for Education Research (as
described in part B);
(B) the National Center for Education Statistics (as
described in part C); and
(C) the National Center for Education Evaluation and
Regional Assistance (as described in part D).
SEC. 112. <<NOTE: 20 USC 9512.>> FUNCTIONS.
From funds appropriated under section 194, the Institute, directly
or through grants, contracts, or cooperative agreements, shall--
(1) conduct and support scientifically valid research
activities, including basic research and applied research,
statistics activities, scientifically valid education
evaluation, development, and wide dissemination;
(2) widely disseminate the findings and results of
scientifically valid research in education;
(3) promote the use, development, and application of
knowledge gained from scientifically valid research activities;
(4) strengthen the national capacity to conduct, develop,
and widely disseminate scientifically valid research in
education;
(5) promote the coordination, development, and dissemination
of scientifically valid research in education within the
Department and the Federal Government; and
(6) promote the use and application of research and
development to improve practice in the classroom.
SEC. 113. <<NOTE: 20 USC 9513.>> 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 (except section
302(e)(1)(J) of such Act) shall 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 (including with respect to
the methodologies of the National Assessment of Educational
Progress
[[Page 116 STAT. 1946]]
described in section 302(e)(1)(E)) from those authorized by the
National Education Statistics Act of 1994 (20 U.S.C. 9001 et
seq.) on the day before the date of enactment of this Act;
(2) members of the National Assessment Governing Board shall
continue to be appointed by the Secretary;
(3) section 302(f)(1) of the National Assessment of
Educational Progress Authorization Act shall apply to the
National Assessment Governing Board in the exercise of its
responsibilities under this Act;
(4) sections 115 and 116 shall not apply to the National
Assessment of Educational Progress; and
(5) sections 115 and 116 shall not apply to the National
Assessment Governing Board.
(b) Other Activities.--The Secretary may assign the Institute
responsibility for administering other activities, if those activities
are consistent with--
(1) the Institute's priorities, as approved by the National
Board for Education Sciences under section 116, and the
Institute's mission, as described in section 111(b); or
(2) the Institute's mission, but only if those activities do
not divert the Institute from its priorities.
SEC. 114. <<NOTE: 20 USC 9514.>> OFFICE OF THE DIRECTOR.
(a) Appointment.--Except as provided in subsection (b)(2), the
President, by and with the advice and consent of the Senate, shall
appoint the Director of the Institute.
(b) Term.--
(1) In general.--The Director shall serve for a term of 6
years, beginning on the date of appointment of the Director.
(2) First director.--The President, without the advice and
consent of the Senate, may appoint the Assistant Secretary for
the Office of Educational Research and Improvement (as such
office existed on the day before the date of enactment of this
Act) to serve as the first Director of the Institute.
(3) Subsequent directors.--The Board may make
recommendations to the President with respect to the appointment
of a Director under subsection (a), other than a Director
appointed under paragraph (2).
(c) Pay.--The Director shall receive the rate of basic pay for level
II of the Executive Schedule.
(d) Qualifications.--The Director shall be selected from individuals
who are highly qualified authorities in the fields of scientifically
valid research, statistics, or evaluation in education, as well as
management within such areas, and have a demonstrated capacity for
sustained productivity and leadership in these areas.
(e) Administration.--The Director shall--
(1) administer, oversee, and coordinate the activities
carried out under the Institute, including the activities of the
National Education Centers; and
(2) coordinate and approve budgets and operating plans for
each of the National Education Centers for submission to the
Secretary.
(f) Duties.--The duties of the Director shall include the following:
(1) To propose to the Board priorities for the Institute, in
accordance with section 115(a).
[[Page 116 STAT. 1947]]
(2) To ensure the methodology applied in conducting
research, development, evaluation, and statistical analysis is
consistent with the standards for such activities under this
title.
(3) To coordinate education research and related activities
carried out by the Institute with such research and activities
carried out by other agencies within the Department and the
Federal Government.
(4) To advise the Secretary on research, evaluation, and
statistics activities relevant to the activities of the
Department.
(5) To establish necessary procedures for technical and
scientific peer review of the activities of the Institute,
consistent with section 116(b)(3).
(6) To ensure that all participants in research conducted or
supported by the Institute are afforded their privacy rights and
other relevant protections as research subjects, in accordance
with section 183 of this title, section 552a of title 5, United
States Code, and sections 444 and 445 of the General Education
Provisions Act (20 U.S.C. 1232g, 1232h).
(7) To ensure that activities conducted or supported by the
Institute are objective, secular, neutral, and nonideological
and are free of partisan political influence and racial,
cultural, gender, or regional bias.
(8) To undertake initiatives and programs to increase the
participation of researchers and institutions that have been
historically underutilized in Federal education research
activities of the Institute, including historically Black
colleges or universities or other institutions of higher
education with large numbers of minority students.
(9) To coordinate with the Secretary to promote and provide
for the coordination of research and development activities and
technical assistance activities between the Institute and
comprehensive centers.
(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 Institute's
activities.
(11) To coordinate the wide dissemination of information on
scientifically valid research.
(12) To carry out and support other activities consistent
with the priorities and mission of the Institute.
(g) Expert Guidance and Assistance.--The Director may establish
technical and scientific peer-review groups and scientific program
advisory committees for research and evaluations that the Director
determines are necessary to carry out the requirements of this title.
The Director shall appoint such personnel, except that officers and
employees of the United States shall comprise no more than \1/4\ of the
members of any such group or committee and shall not receive additional
compensation for their service as members of such a group or committee.
The Director shall ensure that reviewers are highly qualified and
capable to appraise education research and development projects. The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to a
peer-review group or an advisory committee established under this
subsection.
(h) Review.--The Director may, when requested by other officers of
the Department, and shall, when directed by the Secretary,
[[Page 116 STAT. 1948]]
review the products and publications of other offices of the Department
to certify that evidence-based claims about those products and
publications are scientifically valid.
SEC. 115. <<NOTE: 20 USC 9515.>> PRIORITIES.
(a) Proposal.--The Director shall propose to the Board priorities
for the Institute (taking into consideration long-term research and
development on core issues conducted through the national research and
development centers). The Director shall identify topics that may
require long-term research and topics that are focused on understanding
and solving particular education problems and issues, including those
associated with the goals and requirements established in the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) and the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), such as--
(1) closing the achievement gap between high-performing and
low-performing children, especially achievement gaps between
minority and nonminority children and between disadvantaged
children and such children's more advantaged peers; and
(2) ensuring--
(A) that all children have the ability to obtain a
high-quality education (from early childhood through
postsecondary education) and reach, at a minimum,
proficiency on challenging State academic achievement
standards and State academic assessments, particularly
in mathematics, science, and reading or language arts;
(B) access to, and opportunities for, postsecondary
education; and
(C) the efficacy, impact on academic achievement,
and cost-effectiveness of technology use within the
Nation's schools.
(b) Approval.--The Board shall approve or disapprove the priorities
for the Institute proposed by the Director, including any necessary
revision of those priorities. The Board shall transmit any priorities so
approved to the appropriate congressional committees.
(c) Consistency.--The Board shall ensure that priorities of the
Institute and the National Education Centers are consistent with the
mission of the Institute.
(d) Public Availability and Comment.--
(1) Priorities.--Before submitting to the Board proposed
priorities for the Institute, the Director shall make such
priorities available to the public for comment for not less than
60 days (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 Institute's plan for addressing such priorities
available for public comment in the same manner as under
paragraph (1).
SEC. 116. <<NOTE: 20 USC 9516.>> NATIONAL BOARD FOR EDUCATION SCIENCES.
(a) Establishment.--The Institute 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:
[[Page 116 STAT. 1949]]
(1) To advise and consult with the Director on the policies
of the Institute.
(2) To consider and approve priorities proposed by the
Director under section 115 to guide the work of the Institute.
(3) To review and approve procedures for technical and
scientific peer review of the activities of the Institute.
(4) To advise the Director on the establishment of
activities to be supported by the Institute, including the
general areas of research to be carried out by the National
Center for 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 Institute.
(6) To advise the Director on the funding of applications
for grants, contracts, and cooperative agreements for research,
after the completion of peer review.
(7) To review and regularly evaluate the work of the
Institute, to ensure that scientifically valid research,
development, 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 Institute are objective, secular,
neutral, and nonideological and are free of partisan political
influence and racial, cultural, gender, or regional bias.
(9) To solicit advice and information from those in the
educational field, particularly practitioners and researchers,
to recommend to the Director topics that require long-term,
sustained, systematic, programmatic, and integrated research
efforts, including knowledge utilization and wide dissemination
of research, consistent with the priorities and mission of the
Institute.
(10) To advise the Director on opportunities for the
participation in, and the advancement of, women, minorities, and
persons with disabilities in education research, statistics, and
evaluation activities of the Institute.
(11) To recommend to the Director ways to enhance 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, by and with the advice and consent
of the Senate.
(2) Advice.--The President shall solicit advice regarding
individuals to serve on the Board from the National Academy of
Sciences, the National Science Board, and the National Science
Advisor.
(3) Nonvoting ex officio members.--The Board shall have the
following nonvoting ex officio members:
(A) The Director of the Institute of Education
Sciences.
(B) Each of the Commissioners of the National
Education Centers.
(C) The Director of the National Institute of Child
Health and Human Development.
(D) The Director of the Census.
[[Page 116 STAT. 1950]]
(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 the following
individuals:
(i) Not fewer than 8 researchers in the field
of statistics, evaluation, social sciences, or
physical and biological sciences, which may
include those researchers recommended by the
National Academy of Sciences.
(ii) Individuals who are knowledgeable about
the educational needs of the United States, who
may include school-based professional educators,
parents (including parents with experience in
promoting parental involvement in education),
Chief State School Officers, State postsecondary
education executives, presidents of institutions
of higher education, local educational agency
superintendents, early childhood experts,
principals, members of State or local boards of
education or Bureau-funded school boards, and
individuals from business and industry with
experience in promoting private sector involvement
in education.
(B) Terms.--Each member appointed under paragraph
(1) shall serve for a term of 4 years, except that--
(i) the terms of the initial members appointed
under such paragraph shall (as determined by a
random selection process at the time of
appointment) be for staggered terms of--
(I) 4 years for each of 5 members;
(II) 3 years for each of 5 members;
and
(III) 2 years for each of 5 members;
and
(ii) no member appointed under such paragraph
shall serve for more than 2 consecutive terms.
(C) Unexpired terms.--Any member appointed to fill a
vacancy occurring before the expiration of the term for
which the member's predecessor was appointed shall be
appointed only for the remainder of that term.
(D) Conflict of interest.--A voting member of the
Board shall be considered a special Government employee
for the purposes of the Ethics in Government Act of
1978.
(5) Chair.--The Board shall elect a chair from among the
members of the Board.
(6) Compensation.--Members of the Board shall serve without
pay for such service. Members of the Board who are officers or
employees of the United States may not receive additional pay,
allowances, or benefits by reason of their service on the Board.
(7) Travel expenses.--The members of the Board shall receive
travel expenses, including per diem in lieu of 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.
[[Page 116 STAT. 1951]]
(B) Additional staff.--The Board shall utilize such
additional staff as may be appointed or assigned by the
Director, in consultation with the Chair and the
Executive Director.
(C) Detail of personnel.--The Board may use the
services and facilities of any department or agency of
the Federal Government. Upon the request of the Board,
the head of any Federal department or agency may detail
any of the personnel of that department or agency to the
Board to assist the Board in carrying out this Act.
(D) Contracts.--The Board may enter into contracts
or make other arrangements as may be necessary to carry
out its functions.
(E) Information.--The Board may, to the extent
otherwise permitted by law, obtain directly from any
executive department or agency of the Federal Government
such information as the Board determines necessary to
carry out its functions.
(9) Meetings.--The Board shall meet not less than 3 times
each year. The Board shall hold additional meetings at the call
of the Chair or upon the written request of not less than 6
voting members of the Board. Meetings of the Board shall be open
to the public.
(10) Quorum.--A majority of the voting members of the Board
serving at the time of the meeting shall constitute a quorum.
(d) Standing Committees.--
(1) Establishment.--The Board may establish standing
committees--
(A) that will each serve 1 of the National Education
Centers; and
(B) to advise, consult with, and make
recommendations to the Director and the Commissioner of
the appropriate National Education Center.
(2) Membership.--A majority of the members of each standing
committee shall be voting members of the Board whose expertise
is needed for the functioning of the committee. In addition, the
membership of each standing committee may include, as
appropriate--
(A) experts and scientists in research, statistics,
evaluation, or development who are recognized in their
discipline as highly qualified to represent such
discipline and who are not members of the Board, but who
may have been recommended by the Commissioner of the
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) review and comment, at the discretion of the
Board or the standing committee, on any grant, contract,
or
[[Page 116 STAT. 1952]]
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) report periodically to the Board regarding the
activities of the committee and the applicable National
Education Center.
(e) Annual Report.-- <<NOTE: Deadline.>> 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 Institute in carrying out its priorities and
mission, especially as such priorities and mission relate to carrying
out scientifically valid research, conducting unbiased evaluations,
collecting and reporting accurate education statistics, and translating
research into practice.
(f) Recommendations.--The Board shall submit to the Director, the
Secretary, and the appropriate congressional committees a report that
includes any recommendations regarding any actions that may be taken to
enhance the ability of the Institute to carry out its priorities and
mission. <<NOTE: Reports. Deadline.>> 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. 117. <<NOTE: 20 USC 9517.>> COMMISSIONERS OF THE NATIONAL EDUCATION
CENTERS.
(a) Appointment of Commissioners.--
(1) In general.--Except as provided in subsection (b), each
of the National Education Centers shall be headed by a
Commissioner appointed by the Director. In appointing
Commissioners, the Director shall seek to promote continuity in
leadership of the National Education Centers and shall 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.
(2) Pay and qualifications.--Except as provided in
subsection (b), each Commissioner shall--
(A) receive the rate of basic pay for level IV of
the Executive Schedule; and
(B) be highly qualified in the field of education
research or evaluation.
(3) Service.--Except as provided in subsection (b), each
Commissioner shall report to the Director. A Commissioner shall
serve for a period of not more than 6 years, except that a
Commissioner--
(A) may be reappointed by the Director; and
(B) may serve after the expiration of that
Commissioner's term, until a successor has been
appointed, for a period not to exceed 1 additional year.
[[Page 116 STAT. 1953]]
(b) Appointment of Commissioner for Education Statistics.--The
National Center for Education Statistics shall be headed by a
Commissioner for Education Statistics who shall be appointed by the
President, by and with the advice and consent of the Senate, and who
shall--
(1) have substantial knowledge of programs assisted by the
National Center for Education Statistics;
(2) receive the rate of basic pay for level IV of the
Executive Schedule; and
(3) serve for a term of 6 years, with the term to expire
every sixth June 21, beginning in 2003.
(c) Coordination.--Each Commissioner of a National Education Center
shall coordinate with each of the other Commissioners of the National
Education Centers in carrying out such Commissioner's duties under this
title.
(d) Supervision and Approval.--Each Commissioner, except the
Commissioner for Education Statistics, shall carry out such
Commissioner's duties under this title under the supervision and subject
to the approval of the Director.
SEC. 118. <<NOTE: 20 USC 9518.>> AGREEMENTS.
The Institute may carry out research projects of common interest
with entities such as the National Science Foundation and the National
Institute of Child Health and Human Development through agreements with
such entities that are in accordance with section 430 of the General
Education Provisions Act (20 U.S.C. 1231).
SEC. 119. <<NOTE: 20 USC 9519.>> 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 National Education Centers during the prior fiscal
years.
(2) A summary of each grant, contract, and cooperative
agreement in excess of $100,000 funded through the National
Education Centers during the prior fiscal years, including, at a
minimum, the amount, duration, recipient, purpose of the award,
and the relationship, if any, to the priorities and mission of
the Institute, which shall be available in a user-friendly
electronic database.
(3) A description of how the activities of the National
Education Centers are consistent with the principles of
scientifically valid research and the priorities and mission of
the Institute.
(4) Such additional comments, recommendations, and materials
as the Director considers appropriate.
SEC. 120. <<NOTE: 20 USC 9520.>> COMPETITIVE AWARDS.
Activities carried out under this Act through grants, contracts, or
cooperative agreements, at a minimum, shall be awarded on a competitive
basis and, when practicable, through a process of peer review.
[[Page 116 STAT. 1954]]
PART B--NATIONAL CENTER FOR EDUCATION RESEARCH
SEC. 131. <<NOTE: 20 USC 9531.>> ESTABLISHMENT.
(a) Establishment.--There is established in the Institute a National
Center for Education Research (in this part referred to as the
``Research Center'').
(b) Mission.--The mission of the Research Center is--
(1) to sponsor sustained research that will lead to the
accumulation of knowledge and understanding of education, to--
(A) ensure that all children have access to a high-
quality education;
(B) improve student academic achievement, including
through the use of educational technology;
(C) close the achievement gap between high-
performing and low-performing students through the
improvement of teaching and learning of reading,
writing, mathematics, science, and other academic
subjects; and
(D) improve access to, and opportunity for,
postsecondary education;
(2) to support the synthesis and, as appropriate, the
integration of education research;
(3) to promote quality and integrity through the use of
accepted practices of scientific inquiry to obtain knowledge and
understanding of the validity of education theories, practices,
or conditions; and
(4) to promote scientifically valid research findings that
can provide the basis for improving academic instruction and
lifelong learning.
SEC. 132. <<NOTE: 20 USC 9532.>> 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. <<NOTE: 20 USC 9533.>> 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 Institute and the mission of the Research Center and
includes the activities described in paragraph (3); and
(B) shall be carried out pursuant to paragraph (4)
and, as appropriate, be updated and modified;
(3) carry out specific, long-term research activities that
are consistent with the priorities and mission of the Institute,
and are approved by the Director;
(4) implement the plan proposed under paragraph (2) to carry
out scientifically valid research that--
[[Page 116 STAT. 1955]]
(A) uses objective and measurable indicators,
including timelines, that are used to assess the
progress and results of such research;
(B) meets the procedures for peer review established
by the Director under section 114(f)(5) and the
standards of research described in section 134; and
(C) includes both basic research and applied
research, which shall include research conducted through
field-initiated research and ongoing research
initiatives;
(5) promote the use of scientifically valid research within
the Federal Government, including active participation in
interagency research projects described in section 118;
(6) ensure that research conducted under the direction of
the Research Center is relevant to education practice and
policy;
(7) synthesize and disseminate, through the National Center
for Education Evaluation and Regional Assistance, the findings
and results of education research conducted or supported by the
Research Center;
(8) assist the Director in the preparation of a biennial
report, as described in section 119;
(9) carry out research on successful State and local
education reform activities, including those that result in
increased academic achievement and in closing the achievement
gap, as approved by the Director;
(10) carry out research initiatives regarding the impact of
technology, including--
(A) research into how technology affects student
achievement;
(B) long-term research into cognition and learning
issues as they relate to the uses of technology;
(C) rigorous, peer-reviewed, large-scale, long-term,
and broadly applicable empirical research that is
designed to determine which approaches to the use of
technology are most effective and cost-efficient in
practice and under what conditions; and
(D) field-based research on how teachers implement
technology and Internet-based resources in the
classroom, including an understanding how these
resources are being accessed, put to use, and the
effectiveness of such resources; and
(11) carry out research that is rigorous, peer-reviewed, and
large scale to determine which methods of mathematics and
science teaching are most effective, cost efficient, and able to
be applied, duplicated, and scaled up for use in elementary and
secondary classrooms, including in low-performing schools, to
improve the teaching of, and student achievement in, mathematics
and science as required under the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.).
(b) Eligibility.--Research carried out under subsection (a) through
contracts, grants, or cooperative agreements shall be 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 Research Commissioner shall support not less than 8
national research and development centers. The Research
[[Page 116 STAT. 1956]]
Commissioner shall assign each of the 8 national research and
development centers not less than 1 of the topics described in
paragraph (2). In addition, the Research Commissioner may assign
each of the 8 national research and development centers
additional topics of research consistent with the mission and
priorities of the Institute and the mission of the Research
Center.
(2) Topics of research.--The Research Commissioner shall
support the following topics of research, through national
research and development centers or through other means:
(A) Adult literacy.
(B) Assessment, standards, and accountability
research.
(C) Early childhood development and education.
(D) English language learners research.
(E) Improving low achieving schools.
(F) Innovation in education reform.
(G) State and local policy.
(H) Postsecondary education and training.
(I) Rural education.
(J) Teacher quality.
(K) Reading and literacy.
(3) Duties of centers.--The national research and
development centers shall address areas of national need,
including in educational technology areas. The Research
Commissioner may support additional national research and
development centers to address topics of research not described
in paragraph (2) if such topics are consistent with the
priorities and mission of the Institute and the mission of the
Research Center. The research carried out by the centers shall
incorporate the potential or existing role of educational
technology, where appropriate, in achieving the goals of each
center.
(4) Scope.--Support for a national research and 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 134(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
Institute; and
(B) merits renewal (applying the procedures and
standards established in section 134).
(5) Limit.--No national research and development center may
be supported under this subsection for a period of more than 10
years without submitting to a competitive process for the award
of the support.
(6) Continuation of awards.--The Director shall continue
awards made to the national research and development centers
that are in effect on the day before the date of enactment of
this Act in accordance with the terms of those awards and may
renew them in accordance with paragraphs (4) and (5).
(7) Disaggregation.--To the extent feasible, research
conducted under this subsection shall be disaggregated by age,
race, gender, and socioeconomic background.
[[Page 116 STAT. 1957]]
SEC. 134. <<NOTE: 20 USC 9534.>> STANDARDS FOR CONDUCT AND EVALUATION OF
RESEARCH.
(a) In General.--In carrying out this part, the Research
Commissioner shall--
(1) ensure that all research conducted under the direction
of the Research Center follows scientifically based research
standards;
(2) develop such other standards as may be necessary to
govern the conduct and evaluation of all research, development,
and wide dissemination activities carried out by the Research
Center to assure that such activities meet the highest standards
of professional excellence;
(3) review the procedures utilized by the National
Institutes of Health, the National Science Foundation, and other
Federal departments or agencies engaged in research and
development, and actively solicit recommendations from research
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) Peer Review.--
(1) In general.--The Director shall establish a peer review
system, involving highly qualified individuals with an in-depth
knowledge of the subject to be investigated, for reviewing and
evaluating all applications for grants and cooperative
agreements that exceed $100,000, and for evaluating and
assessing the products of research by all recipients of grants
and cooperative agreements under this Act.
(2) Evaluation.--The Research Commissioner shall--
(A) develop the procedures to be used in evaluating
applications for research grants, cooperative
agreements, and contracts, and specify the criteria and
factors (including, as applicable, the use of
longitudinal data linking test scores, enrollment, and
graduation rates over time) which shall be considered in
making such evaluations; and
(B) evaluate the performance of each recipient of an
award of a research grant, contract, or cooperative
agreement at the conclusion of the award.
(c) Long-Term Research.--The Research Commissioner shall ensure 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
Institute and the mission of the Research Center.
PART C--NATIONAL CENTER FOR EDUCATION STATISTICS
SEC. 151. <<NOTE: 20 USC 9541.>> ESTABLISHMENT.
(a) Establishment.--There is established in the Institute a National
Center for Education Statistics (in this part referred to as the
``Statistics Center'').
(b) Mission.--The mission of the Statistics Center shall be--
(1) to collect and analyze education information and
statistics in a manner that meets the highest methodological
standards;
[[Page 116 STAT. 1958]]
(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. <<NOTE: 20 USC 9542.>> COMMISSIONER FOR EDUCATION STATISTICS.
The Statistics Center shall be headed by a Commissioner for
Education Statistics (in this part referred to as the ``Statistics
Commissioner'') who shall be highly qualified and have substantial
knowledge of statistical methodologies and activities undertaken by the
Statistics Center.
SEC. 153. <<NOTE: 20 USC 9543.>> 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 (disaggregated by the population characteristics
described in paragraph (3)) on the condition and progress of
education, at the preschool, elementary, secondary,
postsecondary, and adult levels in the United States, including
data on--
(A) State and local education reform activities;
(B) State and local early childhood school readiness
activities;
(C) student achievement in, at a minimum, the core
academic areas of reading, mathematics, and science at
all levels of education;
(D) secondary school completions, dropouts, and
adult literacy and reading skills;
(E) access to, and opportunity for, postsecondary
education, including data on financial aid to
postsecondary students;
(F) teaching, including--
(i) data on in-service professional
development, including a comparison of courses
taken in the core academic areas of reading,
mathematics, and science with courses in noncore
academic areas, including technology courses; 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;
(G) instruction, the conditions of the education
workplace, and the supply of, and demand for, teachers;
(H) the incidence, frequency, seriousness, and
nature of violence affecting students, school personnel,
and other individuals participating in school
activities, as well as other indices of school safety,
including information regarding--
[[Page 116 STAT. 1959]]
(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;
(I) the financing and management of education,
including data on revenues and expenditures;
(J) the social and economic status of children,
including their academic achievement;
(K) the existence and use of educational technology
and access to the Internet by students and teachers in
elementary schools and secondary schools;
(L) access to, and opportunity for, early childhood
education;
(M) the availability of, and access to, before-
school and after-school programs (including such
programs during school recesses);
(N) student participation in and completion of
secondary and postsecondary vocational and technical
education programs by specific program area; and
(O) the existence and use of school libraries;
(2) conducting and publishing reports on the meaning and
significance of the statistics described in paragraph (1);
(3) collecting, analyzing, cross-tabulating, and reporting,
to the extent feasible, information by gender, race, ethnicity,
socioeconomic status, limited English proficiency, mobility,
disability, urban, rural, suburban districts, and other
population characteristics, when such disaggregated information
will 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 and with the
development of longitudinal student data systems;
(5) determining voluntary standards and guidelines to assist
State educational agencies in developing statewide longitudinal
data systems that link individual student data consistent with
the requirements of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6301 et seq.), promote linkages across
States, and protect student privacy consistent with section 183,
to improve student academic achievement and close achievement
gaps;
(6) acquiring and disseminating data on educational
activities and student achievement (such as the Third
International Math and Science Study) in the United States
compared with foreign nations;
(7) conducting longitudinal and special data collections
necessary to report on the condition and progress of education;
(8) assisting the Director in the preparation of a biennial
report, as described in section 119; and
(9) determining, in consultation with the National Research
Council of the National Academies, methodology by which States
may accurately measure graduation rates (defined as the
percentage of students who graduate from secondary school
[[Page 116 STAT. 1960]]
with a regular diploma in the standard number of years), school
completion rates, and dropout rates.
(b) Training Program.--The Statistics Commissioner may establish a
program to train employees of public and private 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. <<NOTE: 20 USC 9544.>> PERFORMANCE OF DUTIES.
(a) Grants, Contracts, and Cooperative Agreements.--In carrying out
the duties under this part, the Statistics Commissioner, may award
grants, enter into contracts and cooperative agreements, and provide
technical assistance.
(b) Gathering Information.--
(1) Sampling.--The Statistics Commissioner may use the
statistical method known as sampling (including random 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 higher
education, vocational and adult education programs,
libraries, administrators, teachers, students, the
general public, and other individuals, organizations,
agencies, and institutions (including information
collected by States and local educational agencies for
their own use); and
(B) by other offices within the Institute and by
other Federal departments, agencies, and
instrumentalities.
(3) Collection.--The Statistics Commissioner may--
(A) enter into interagency agreements for the
collection of statistics;
(B) arrange with any agency, organization, or
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.
(c) Duration.--Notwithstanding any other provision of law, the
grants, contracts, and cooperative agreements under this section may be
awarded, on a competitive basis, for a period of not more than 5 years,
and may be renewed at the discretion of the Statistics Commissioner for
an additional period of not more than 5 years.
SEC. 155. <<NOTE: 20 USC 9545.>> REPORTS.
(a) Procedures for Issuance of Reports.--The Statistics
Commissioner, shall establish procedures, in accordance with section
186, to ensure that the reports issued under this section are relevant,
of high quality, useful to customers, subject to rigorous
[[Page 116 STAT. 1961]]
peer review, produced in a timely fashion, and free from any partisan
political influence.
(b) Report on Condition and Progress of Education.--
Not <<NOTE: Deadline.>> later than June 1, 2003, and each June 1
thereafter, 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 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 the mission of the
Statistics Center.
SEC. 156. <<NOTE: 20 USC 9546.>> 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
educational agencies, local educational agencies, and
institutions of higher education with opportunities to suggest
the establishment of particular compilations of statistics,
surveys, and analyses that will assist those educational
agencies.
(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 as determined by the Secretary.
(d) Fees.--
(1) In general.--Statistical compilations and surveys under
this section, other than those carried out pursuant to
subsections (b) and (c), may be made subject to the payment of
the actual or estimated cost of such work.
(2) Funds received.--All funds received in payment for work
or services described in this subsection may be used to pay
directly the costs of such work or services, to repay
appropriations that initially bore all or part of such costs, or
to refund excess sums when necessary.
(e) Access.--
(1) Other agencies.--The Statistics Center shall, consistent
with section 183, 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.
[[Page 116 STAT. 1962]]
SEC. 157. <<NOTE: 20 USC 9547.>> COOPERATIVE EDUCATION STATISTICS
SYSTEMS.
The Statistics Center may establish 1 or more national cooperative
education statistics systems for the purpose of producing and
maintaining, with the cooperation of the States, comparable and uniform
information and data on early childhood education, elementary and
secondary education, postsecondary education, adult education, and
libraries, that are useful for policymaking at the Federal, State, and
local levels.
SEC. 158. <<NOTE: 20 USC 9548.>> STATE DEFINED.
In this part, the term ``State'' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
PART D--NATIONAL CENTER FOR EDUCATION EVALUATION AND REGIONAL ASSISTANCE
SEC. 171. <<NOTE: 20 USC 9561.>> ESTABLISHMENT.
(a) Establishment.--There is established in the Institute a National
Center for Education Evaluation and Regional Assistance.
(b) Mission.--The mission of the National Center for Education
Evaluation and Regional Assistance shall be--
(1) to provide technical assistance;
(2) to conduct evaluations of Federal education programs
administered by the Secretary (and as time and resources allow,
other education programs) to determine the impact of such
programs (especially on student academic achievement in the core
academic areas of reading, mathematics, and science);
(3) to support synthesis and wide dissemination of results
of evaluation, research, and products developed; and
(4) to encourage the use of scientifically valid education
research and evaluation throughout the United States.
(c) Grants, Contracts, and Cooperative Agreements.--In carrying out
the duties under this part, the Director may award grants, enter into
contracts and cooperative agreements, and provide technical assistance.
SEC. 172. <<NOTE: 20 USC 9562.>> COMMISSIONER FOR EDUCATION EVALUATION
AND REGIONAL ASSISTANCE.
(a) In General.--The National Center for Education Evaluation and
Regional Assistance shall be headed by a Commissioner for Education
Evaluation and Regional Assistance (in this part referred to as the
``Evaluation and Regional Assistance Commissioner'') who is highly
qualified and has demonstrated a capacity to carry out the mission of
the Center and shall--
(1) conduct evaluations pursuant to section 173;
(2) widely disseminate information on scientifically valid
research, statistics, and evaluation on education, particularly
to State educational agencies and local educational agencies, to
institutions of higher education, to the public, the media,
voluntary organizations, professional associations, and other
constituencies, especially with respect to information relating
to, at a minimum--
(A) the core academic areas of reading, mathematics,
and science;
(B) closing the achievement gap between high-
performing students and low-performing students;
[[Page 116 STAT. 1963]]
(C) educational practices that improve academic
achievement and promote learning;
(D) education technology, including software; and
(E) those topics covered by the Educational
Resources Information Center Clearinghouses (established
under section 941(f) of the Educational Research,
Development, Dissemination, and Improvement Act of 1994
(20 U.S.C. 6041(f)) (as such provision was in effect on
the day before the date of enactment of this Act);
(3) make such information accessible in a user-friendly,
timely, and efficient manner (including through use of a
searchable Internet-based online database that shall include all
topics covered in paragraph (2)(E)) to schools, institutions of
higher education, educators (including early childhood
educators), parents, administrators, policymakers, researchers,
public and private entities (including providers of early
childhood services), entities responsible for carrying out
technical assistance through the Department, and the general
public;
(4) support the regional educational laboratories in
conducting applied research, the development and dissemination
of educational research, products and processes, the provision
of technical assistance, and other activities to serve the
educational needs of such laboratories' regions;
(5) manage the National Library of Education described in
subsection (d), and other sources of digital information on
education research;
(6) assist the Director in the preparation of a biennial
report, described in section 119; and
(7) award a contract for a prekindergarten through grade 12
mathematics and science teacher clearinghouse.
(b) Additional Duties.--In carrying out subsection (a), the
Evaluation and Regional Assistance Commissioner shall--
(1) ensure that information disseminated under this section
is provided in a cost-effective, nonduplicative manner that
includes the most current research findings, which may include
through the continuation of individual clearinghouses 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);
(2) describe prominently the type of scientific evidence
that is used to support the findings that are disseminated;
(3) explain clearly the scientifically appropriate and
inappropriate uses of--
(A) the findings that are disseminated; and
(B) the types of evidence used to support those
findings; and
(4) respond, as appropriate, to inquiries from schools,
educators, parents, administrators, policymakers, researchers,
public and private entities, and entities responsible for
carrying out technical assistance.
(c) Continuation.--The Director shall continue awards for the
support of the Educational Resources Information Center Clearinghouses
and contracts for regional educational laboratories (established under
subsections (f) and (h) of section 941 of the Educational Research,
Development, Dissemination, and Improvement Act of 1994 (20 U.S.C.
6041(f) and (h)) (as such awards were in effect
[[Page 116 STAT. 1964]]
on the day before the date of enactment of this Act)) for the duration
of those awards, in accordance with the terms and agreements of such
awards.
(d) National Library of Education.--
(1) Establishment.--There is established within the National
Center for Education Evaluation and Regional Assistance a
National Library of Education that shall--
(A) be headed by an individual who is highly
qualified in library science;
(B) collect and archive information;
(C) provide a central location within the Federal
Government for information about education;
(D) provide comprehensive reference services on
matters related to education to employees of the
Department of Education and its contractors and
grantees, other Federal employees, and members of the
public; and
(E) promote greater cooperation and resource sharing
among providers and repositories of education
information in the United States.
(2) Information.--The information collected and archived by
the National Library of Education shall include--
(A) products and publications developed through, or
supported by, the Institute; and
(B) other relevant and useful education-related
research, statistics, and evaluation materials and other
information, projects, and publications that are--
(i) consistent with--
(I) scientifically valid research;
or
(II) the priorities and mission of
the Institute; and
(ii) developed by the Department, other
Federal agencies, or entities (including entities
supported under the Educational Technical
Assistance Act of 2002 and the Educational
Resources Information Center Clearinghouses
(established under section 941(f) of the
Educational Research, Development, Dissemination,
and Improvement Act of 1994 (20 U.S.C. 6041(f))
(as such provision was in effect on the day before
the date of enactment of this Act))).
SEC. 173. <<NOTE: 20 USC 9563.>> EVALUATIONS.
(a) In General.--
(1) Requirements.--In carrying out its missions, the
National Center for Education Evaluation and Regional Assistance
may--
(A) conduct or support evaluations consistent with
the Center's mission as described in section 171(b);
(B) evaluate programs under title I of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.);
(C) to the extent practicable, examine evaluations
conducted or supported by others in order to determine
the quality and relevance of the evidence of
effectiveness generated by those evaluations, with the
approval of the Director;
[[Page 116 STAT. 1965]]
(D) coordinate the activities of the National Center
for Education Evaluation and Regional Assistance with
other evaluation activities in the Department;
(E) review and, where feasible, supplement Federal
education program evaluations, particularly those by the
Department, to determine or enhance the quality and
relevance of the evidence generated by those
evaluations;
(F) establish evaluation methodology; and
(G) assist the Director in the preparation of the
biennial report, as described in section 119.
(2) Additional requirements.--Each evaluation conducted by
the National Center for Education Evaluation and Regional
Assistance pursuant to paragraph (1) shall--
(A) adhere to the highest possible standards of
quality for conducting scientifically valid education
evaluation; and
(B) be subject to rigorous peer-review.
(b) Administration of Evaluations Under Title I of the Elementary
and Secondary Education Act of 1965.--The Evaluation and Regional
Assistance Commissioner, consistent with the mission of the National
Center for Education Evaluation and Regional Assistance under section
171(b), shall administer all 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.
SEC. 174. <<NOTE: 20 USC 9564.>> REGIONAL EDUCATIONAL LABORATORIES FOR
RESEARCH, DEVELOPMENT, DISSEMINATION, AND TECHNICAL
ASSISTANCE.
(a) Regional Educational Laboratories.--
The <<NOTE: Contracts.>> Director shall enter into contracts with
entities to establish a networked system of 10 regional educational
laboratories that serve the needs of each region of the United States in
accordance with the provisions of this section. The amount of assistance
allocated to each laboratory by the Evaluation and Regional Assistance
Commissioner shall reflect the number of local educational agencies and
the number of school-age children within the region served by such
laboratory, as well as the cost of providing services within the
geographic area encompassed by the region.
(b) Regions.--The regions served by the regional educational
laboratories shall be the 10 geographic regions served by the regional
educational laboratories established under section 941(h) of the
Educational Research, Development, Dissemination, and Improvement Act of
1994 (as such provision existed on the day before the date of enactment
of this Act).
(c) Eligible Applicants.--The Director may enter into contracts
under this section with research organizations, institutions, agencies,
institutions of higher education, or partnerships among such entities,
or individuals, with the demonstrated ability or capacity to carry out
the activities described in this section, including regional entities
that carried out activities under the Educational Research, Development,
Dissemination, and 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 116 STAT. 1966]]
(d) Applications.--
(1) Submission.--Each applicant desiring a contract under
this section shall submit an application at such time, in such
manner, and containing such information as the Director may
reasonably require.
(2) Plan.--Each application submitted under paragraph (1)
shall contain a 5-year plan for carrying out the activities
described in this section in a manner that addresses the
priorities established under section 207 and addresses the needs
of all States (and to the extent practicable, of local
educational agencies) within the region to be served by the
regional educational laboratory, on an ongoing basis.
(e) Entering into Contracts.--
(1) In general.--In entering into contracts under this
section, the Director shall--
(A) enter into contracts for a 5-year period; and
(B) ensure that regional educational laboratories
established under this section 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 Evaluation and Regional Assistance Commissioner shall--
(A) share information about the activities of each
regional educational laboratory awarded a contract under
this section with each other regional educational
laboratory awarded a contract under this section and
with the Department of Education, including the Director
and the Board;
(B) oversee a strategic plan for ensuring that each
regional educational laboratory awarded a contract under
this section increases collaboration and resource-
sharing in such activities;
(C) ensure, where appropriate, that the activities
of each regional educational laboratory awarded a
contract under this section also serve national
interests; and
(D) ensure that each regional educational laboratory
awarded a contract under this section coordinates such
laboratory's activities with the activities of each
other regional technical assistance provider.
(3) Outreach.--In conducting competitions for contracts
under this section, the Director shall--
(A) actively encourage eligible entities to compete
for such awards by making information and technical
assistance relating to the competition widely available;
and
(B) seek input from the chief executive officers of
States, chief State school officers, educators, and
parents regarding the need for applied research, wide
dissemination, training, technical assistance, and
development activities authorized by this title in the
regions to be served by the regional educational
laboratories and how those educational needs could be
addressed most effectively.
(4) Objectives and indicators.--Before entering into a
contract under this section, the Director shall design specific
objectives and measurable indicators to be used to assess the
particular programs or initiatives, and ongoing progress and
performance, of the regional educational laboratories, in order
to ensure that the educational needs of the region are being
[[Page 116 STAT. 1967]]
met and that the latest and best research and proven practices
are being carried out as part of school improvement efforts.
(5) Standards.--The Evaluation and Regional Assistance
Commissioner shall establish a system for technical and peer
review to ensure that applied research activities, research-
based reports, and products of the regional educational
laboratories are consistent with the research standards
described in section 134 and the evaluation standards adhered to
pursuant to section 173(a)(2)(A).
(f) Central Mission and Primary Function.--Each regional educational
laboratory awarded a contract under this section shall support applied
research, development, wide dissemination, and technical assistance
activities by--
(1) providing training (which may include supporting
internships and fellowships and providing stipends) and
technical assistance to State educational agencies, local
educational agencies, school boards, schools funded by the
Bureau as appropriate, and State boards of education regarding,
at a minimum--
(A) the administration and implementation of
programs under the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6301 et seq.);
(B) scientifically valid research in education on
teaching methods, assessment tools, and high quality,
challenging curriculum frameworks for use by teachers
and administrators in, at a minimum--
(i) the core academic subjects of mathematics,
science, and reading;
(ii) English language acquisition;
(iii) education technology; and
(iv) the replication and adaption of exemplary
and promising practices and new educational
methods, including professional development
strategies and the use of educational technology
to improve teaching and learning; and
(C) the facilitation of communication between
educational experts, school officials, and teachers,
parents, and librarians, to enable such individuals to
assist schools to develop a plan to meet the State
education goals;
(2) developing and widely disseminating, including through
Internet-based means, scientifically valid research,
information, reports, and publications that are usable for
improving academic achievement, closing achievement gaps, and
encouraging and sustaining school improvement, to--
(A) schools, districts, institutions of higher
education, educators (including early childhood
educators and librarians), parents, policymakers, and
other constituencies, as appropriate, within the region
in which the regional educational laboratory is located;
and
(B) the National Center for Education Evaluation and
Regional Assistance;
(3) developing a plan for identifying and serving the needs
of the region by conducting a continuing survey of the
educational needs, strengths, and weaknesses within the region,
including a process of open hearings to solicit the views of
schools, teachers, administrators, parents, local educational
[[Page 116 STAT. 1968]]
agencies, librarians, and State educational agencies within the
region;
(4) in the event such quality applied research does not
exist as determined by the regional educational laboratory or
the Department, carrying out applied research projects that are
designed to serve the particular educational needs (in
prekindergarten through grade 16) of the region in which the
regional educational laboratory is located, that reflect
findings from scientifically valid research, and that result in
user-friendly, replicable school-based classroom applications
geared toward promoting increased student achievement, including
using applied research to assist in solving site-specific
problems and assisting in development activities (including
high-quality and on-going professional development and effective
parental involvement strategies);
(5) supporting and serving the educational development
activities and needs of the region by providing educational
applied research in usable forms to promote school-improvement,
academic achievement, and the closing of achievement gaps and
contributing to the current base of education knowledge by
addressing enduring problems in elementary and secondary
education and access to postsecondary education;
(6) collaborating and coordinating services with other
technical assistance providers funded by the Department of
Education;
(7) assisting in gathering information on school finance
systems to promote improved access to educational opportunities
and to better serve all public school students;
(8) assisting in gathering information on alternative
administrative structures that are more conducive to planning,
implementing, and sustaining school reform and improved academic
achievement;
(9) bringing teams of experts together to develop and
implement school improvement plans and strategies, especially in
low-performing or high poverty schools; and
(10) developing innovative approaches to the application of
technology in education that are unlikely to originate from
within the private sector, but which could result in the
development of new forms of education software, education
content, and technology-enabled pedagogy.
(g) Activities.--Each regional educational laboratory awarded a
contract under this section shall carry out the following activities:
(1) Collaborate with the National Education Centers in order
to--
(A) maximize the use of research conducted through
the National Education Centers in the work of such
laboratory;
(B) keep the National Education Centers apprised of
the work of the regional educational laboratory in the
field; and
(C) inform the National Education Centers about
additional research needs identified in the field.
(2) Consult with the State educational agencies and local
educational agencies in the region in developing the plan for
serving the region.
[[Page 116 STAT. 1969]]
(3) Develop strategies to utilize schools as critical
components in reforming education and revitalizing rural
communities in the United States.
(4) Report and disseminate information on overcoming the
obstacles faced by educators and schools in high poverty, urban,
and rural areas.
(5) Identify successful educational programs that have
either been developed by such laboratory in carrying out such
laboratory's functions or that have been developed or used by
others within the region served by the laboratory and make such
information available to the Secretary and the network of
regional educational laboratories so that such programs may be
considered for inclusion in the national education dissemination
system.
(h) Governing Board and Allocation.--
(1) In general.--In carrying out its responsibilities, each
regional educational laboratory awarded a contract under this
section, in keeping with the terms and conditions of such
laboratory's contract, shall--
(A) establish a governing board that--
(i) reflects a balanced representation of--
(I) the States in the region;
(II) the interests and concerns of
regional constituencies; and
(III) technical expertise;
(ii) includes the chief State school officer
or such officer's designee of each State
represented in such board's region;
(iii) includes--
(I) representatives nominated by
chief executive officers of States and
State organizations of superintendents,
principals, institutions of higher
education, teachers, parents,
businesses, and researchers; or
(II) other representatives of the
organizations described in subclause
(I), as required by State law in effect
on the day before the date of enactment
of this Act;
(iv) is the sole entity that--
(I) guides and directs the
laboratory in carrying out the
provisions of this subsection and
satisfying the terms and conditions of
the contract award;
(II) determines the regional agenda
of the laboratory;
(III) engages in an ongoing dialogue
with the Evaluation and Regional
Assistance Commissioner concerning the
laboratory's goals, activities, and
priorities; and
(IV) determines at the start of the
contract period, subject to the
requirements of this section and in
consultation with the Evaluation and
Regional Assistance Commissioner, the
mission of the regional educational
laboratory for the duration of the
contract period;
[[Page 116 STAT. 1970]]
(v) ensures that the regional educational
laboratory attains and maintains a high level of
quality in the laboratory's work and products;
(vi) establishes standards to ensure that the
regional educational laboratory has strong and
effective governance, organization, management,
and administration, and employs qualified staff;
(vii) directs the regional educational
laboratory to carry out the laboratory's duties in
a manner that will make progress toward achieving
the State education goals and reforming schools
and educational systems; and
(viii) conducts a continuing survey of the
educational needs, strengths, and weaknesses
within the region, including a process of open
hearings to solicit the views of schools and
teachers; and
(B) allocate the regional educational laboratory's
resources to and within each State in a manner which
reflects the need for assistance, taking into account
such factors as the proportion of economically
disadvantaged students, the increased cost burden of
service delivery in areas of sparse populations, and any
special initiatives being undertaken by State,
intermediate, local educational agencies, or Bureau-
funded schools, as appropriate, which may require
special assistance from the laboratory.
(2) Special rule.--If a regional educational laboratory
needs flexibility in order to meet the requirements of paragraph
(1)(A)(i), the regional educational laboratory may select not
more than 10 percent of the governing board from individuals
outside those representatives nominated in accordance with
paragraph (1)(A)(iii).
(i) Duties of Governing Board.--In order to improve the efficiency
and effectiveness of the regional educational laboratories, the
governing boards of the regional educational laboratories shall
establish and maintain a network to--
(1) share information about the activities each laboratory
is carrying out;
(2) plan joint activities that would meet the needs of
multiple regions;
(3) create a strategic plan for the development of
activities undertaken by the laboratories to reduce redundancy
and increase collaboration and resource-sharing in such
activities; and
(4) otherwise devise means by which the work of the
individual laboratories could serve national, as well as
regional, needs.
(j) Evaluations.--The Evaluation and Regional Assistance
Commissioner shall provide for independent evaluations of each of the
regional educational laboratories in carrying out the duties described
in this section in the third year that such laboratory receives
assistance under this section in accordance with the standards developed
by the Evaluation and Regional Assistance Commissioner and approved by
the Board and shall transmit the results of such evaluations to the
relevant committees of Congress, the Board, and the appropriate regional
educational laboratory governing board.
[[Page 116 STAT. 1971]]
(k) Rule of Construction.--No regional educational laboratory
receiving assistance under this section shall, by reason of the receipt
of that assistance, be ineligible to receive any other assistance from
the Department of Education as authorized by law or be prohibited from
engaging in activities involving international projects or endeavors.
(l) Advance Payment System.--Each regional educational laboratory
awarded a contract under this section shall participate in the advance
payment system at the Department of Education.
(m) Additional Projects.--In addition to activities authorized under
this section, the Director is authorized to enter into contracts or
agreements with a regional educational laboratory for the purpose of
carrying out additional projects to enable such regional educational
laboratory to assist in efforts to achieve State education goals and for
other purposes.
(n) Annual Report and Plan.-- <<NOTE: Deadline.>> Not later than
July 1 of each year, each regional educational laboratory awarded a
contract under this section shall submit to the Evaluation and Regional
Assistance Commissioner--
(1) a plan covering the succeeding fiscal year, in which
such laboratory's mission, activities, and scope of work are
described, including a general description of the plans such
laboratory expects to submit in the remaining years of such
laboratory's contract; and
(2) a report of how well such laboratory is meeting the
needs of the region, including a summary of activities during
the preceding year, a list of entities served, a list of
products, and any other information that the regional
educational laboratory may consider relevant or the Evaluation
and Regional Assistance Commissioner may require.
(o) Construction.--Nothing in this section shall be construed to
require any modifications in a regional educational laboratory contract
in effect on the day before the date of enactment of this Act.
PART E--GENERAL PROVISIONS
SEC. 181. <<NOTE: 20 USC 9571.>> INTERAGENCY DATA SOURCES AND FORMATS.
The Secretary, in consultation with the Director, shall ensure that
the Department and the Institute use common sources of data in
standardized formats.
SEC. 182. <<NOTE: 20 USC 9572.>> PROHIBITIONS.
(a) National Database.--Nothing in this title may be construed to
authorize the establishment of a nationwide database of individually
identifiable information on individuals involved in studies or other
collections of data under this title.
(b) Federal Government and Use of Federal Funds.--Nothing in this
title may be construed to authorize an officer or employee of the
Federal Government to mandate, direct, or control the curriculum,
program of instruction, or allocation of State or local resources of a
State, local educational agency, or school, or to mandate a State, or
any subdivision thereof, to spend any funds or incur any costs not
provided for under this title.
(c) Endorsement of Curriculum.--Notwithstanding any other provision
of Federal law, no funds provided under this title to the Institute,
including any office, board, committee, or center of
[[Page 116 STAT. 1972]]
the Institute, may be used by the Institute to endorse, approve, or
sanction any curriculum designed to be used in an elementary school or
secondary school.
(d) Federally Sponsored Testing.--
(1) In general.--Subject to paragraph (2), no funds 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)(6) of this title or section
404(a)(6) of the National Education Statistics Act of 1994 (20
U.S.C. 9003(a)(6)) (as such section was in effect on the day
before the date of enactment of this Act) and administered to
only a representative sample of pupils in the United States and
in foreign nations.
SEC. 183. <<NOTE: 20 USC 9573.>> CONFIDENTIALITY.
(a) In General.--All collection, maintenance, use, and wide
dissemination of data by the Institute, including each office, board,
committee, and center of the Institute, shall conform with the
requirements of section 552a of title 5, United States Code, the
confidentiality standards of subsection (c) of this section, and
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, their families, and information with respect to individual
schools, shall remain confidential in accordance with section 552a of
title 5, United States Code, the confidentiality standards of subsection
(c) of this section, and sections 444 and 445 of the General Education
Provisions Act (20 U.S.C. 1232g, 1232h).
SEC. 184. <<NOTE: 20 USC 9574.>> AVAILABILITY OF DATA.
Subject to section 183, data collected by the Institute, including
any office, board, committee, or center of the Institute, in carrying
out the priorities and mission of the Institute, shall be made available
to the public, including through use of the Internet.
SEC. 185. <<NOTE: 20 USC 9575.>> PERFORMANCE MANAGEMENT.
The Director shall ensure that all activities conducted or supported
by the Institute 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.
[[Page 116 STAT. 1973]]
(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. 186. <<NOTE: 20 USC 9576.>> AUTHORITY TO PUBLISH.
(a) Publication.--The Director may prepare and publish (including
through oral presentation) such research, statistics (consistent with
part C), and evaluation information and reports from any office, board,
committee, and center of the Institute, as needed to carry out the
priorities and mission of the Institute without the approval of the
Secretary or any other office of the Department.
(b) Advance Copies.--The Director shall provide the Secretary and
other relevant offices with an advance copy of any information to be
published under this section before publication.
(c) Peer Review.--All research, statistics, and evaluation reports
conducted by, or supported through, the Institute shall be subjected to
rigorous peer review before being published or otherwise made available
to the public.
(d) Items Not Covered.--Nothing in subsections (a), (b), or (c)
shall be construed to apply to--
(1) information on current or proposed budgets,
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. 187. <<NOTE: 20 USC 9577.>> 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 Institute shall
be filled in the manner in which the original appointment was made. This
section does not apply to employees appointed under section 188.
SEC. 188. <<NOTE: 20 USC 9578.>> SCIENTIFIC OR TECHNICAL EMPLOYEES.
(a) In General.--The Director may appoint, for terms not to exceed 6
years (without regard to the provisions of title 5, United States Code,
governing appointment in the competitive service) and may compensate
(without regard to the provisions of chapter 51 and subchapter III of
chapter 53 of such title relating to classification and General Schedule
pay rates) such scientific or technical employees to carry out the
functions of the Institute or the office, board, committee, or center,
respectively, if--
(1) at least 30 days prior to the appointment of any such
employee, public notice is given of the availability of such
position and an opportunity is provided for qualified
individuals to apply and compete for such position;
(2) the rate of basic pay for such employees does not exceed
the maximum rate of basic pay payable for positions at GS-
[[Page 116 STAT. 1974]]
15, as determined in accordance with section 5376 of title 5,
United States Code, except that not more than 7 individuals
appointed under this section may be paid at a rate that does not
exceed the rate of basic pay for level III of the Executive
Schedule;
(3) the appointment of such employee is necessary (as
determined by the Director on the basis of clear and convincing
evidence) to provide the Institute or the office, board,
committee, or center with scientific or technical expertise
which could not otherwise be obtained by the Institute or the
office, board, committee, or center through the competitive
service; and
(4) the total number of such employees does not exceed 40
individuals or \1/5\ of the number of full-time, regular
scientific or professional employees of the Institute, whichever
is greater.
(b) Duties of Employees.--All employees described in subsection (a)
shall work on activities of the Institute or the office, board,
committee, or center, and shall not be reassigned to other duties
outside the Institute or the office, board, committee, or center during
their term.
SEC. 189. <<NOTE: 20 USC 9579.>> FELLOWSHIPS.
In order to strengthen the national capacity to carry out high-
quality research, evaluation, and statistics related to education, the
Director shall establish and maintain research, evaluation, and
statistics fellowships in institutions of higher education (which may
include the establishment of such fellowships in historically Black
colleges and universities and other institutions of higher education
with large numbers of minority students) that support graduate and
postdoctoral study onsite at the Institute or at the institution of
higher education. In establishing the fellowships, the Director shall
ensure that women and minorities are actively recruited for
participation.
SEC. 190. <<NOTE: 20 USC 9580.>> VOLUNTARY SERVICE.
The Director may accept voluntary and uncompensated services to
carry out and support activities that are consistent with the priorities
and mission of the Institute.
SEC. 191. <<NOTE: 20 USC 9581.>> 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 Institute.
SEC. 192. <<NOTE: 20 USC 9582.>> COPYRIGHT.
Nothing in this Act shall be construed to affect the rights,
remedies, limitations, or defense under title 17, United States Code.
SEC. 193. <<NOTE: 20 USC 9583.>> REMOVAL.
(a) Presidential.--The Director, each member of the Board, and the
Commissioner for Education Statistics may be removed by the President
prior to the expiration of the term of each such appointee.
(b) Director.--Each Commissioner appointed by the Director pursuant
to section 117 may be removed by the Director prior to the expiration of
the term of each such Commissioner.
[[Page 116 STAT. 1975]]
SEC. 194. <<NOTE: 20 USC 9584.>> AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
administer and carry out this title (except section 174) $400,000,000
for fiscal year 2003 and such sums as may be necessary for each of the 5
succeeding fiscal years, of which--
(1) not less than the amount provided to the National Center
for Education Statistics (as such Center was in existence on the
day before the date of enactment of this Act) for fiscal year
2002 shall be provided to the National Center for Education
Statistics, as authorized under part C; and
(2) not more than the lesser of 2 percent of such funds or
$1,000,000 shall be made available to carry out section 116
(relating to the National Board for Education Sciences).
(b) Regional Educational Laboratories.--There are authorized to be
appropriated to carry out section 174 $100,000,000 for fiscal year 2003
and such sums as may be necessary for each of the 5 succeeding fiscal
years. Of the amounts appropriated under the preceding sentence for a
fiscal year, the Director shall obligate not less than 25 percent to
carry out such purpose with respect to rural areas (including schools
funded by the Bureau which are located in rural areas).
(c) Availability.--Amounts made available under this section shall
remain available until expended.
TITLE II-- <<NOTE: Educational Technical Assistance Act of
2002.>> EDUCATIONAL TECHNICAL ASSISTANCE
SEC. 201. <<NOTE: 20 USC 9501 note.>> SHORT TITLE.
This title may be cited as the ``Educational Technical Assistance
Act of 2002''.
SEC. 202. <<NOTE: 20 USC 9601.>> DEFINITIONS.
In this title:
(1) In general.--The terms ``local educational agency'' and
``State educational agency'' have the meanings given those terms
in section 9101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 203. <<NOTE: 20 USC 9602.>> COMPREHENSIVE CENTERS.
(a) Authorization.-- <<NOTE: Grants.>>
(1) In general.--Subject to paragraph (2), beginning in
fiscal year 2004, the Secretary is authorized to award not less
than 20 grants to local entities, or consortia of such entities,
with demonstrated expertise in providing technical assistance
and professional development in reading, mathematics, science,
and technology, especially to low-performing schools and
districts, to establish comprehensive centers.
(2) Regions.--In awarding grants under paragraph (1), the
Secretary--
(A) shall ensure that not less than 1 comprehensive
center is established in each of the 10 geographic
regions served by the regional educational laboratories
established under section 941(h) of the Educational
Research, Development, Dissemination, and Improvement
Act of 1994 (as
[[Page 116 STAT. 1976]]
such provision existed on the day before the date of
enactment of this Act); and
(B) after meeting the requirements of subparagraph
(A), shall consider, in awarding the remainder of the
grants, the school-age population, proportion of
economically disadvantaged students, the increased cost
burdens of service delivery in areas of sparse
population, and the number of schools identified for
school improvement (as described in section 1116(b) of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6316(b)) in the population served by the local
entity or consortium of such entities.
(b) Eligible applicants.--
(1) In general.--Grants under this section may be made with
research organizations, institutions, agencies, institutions of
higher education, or partnerships among such entities, or
individuals, with the demonstrated ability or capacity to carry
out the activities described in subsection (f), including
regional entities that carried out activities under the
Educational Research, Development, Dissemination, and
Improvement Act of 1994 (as such Act existed on the day before
the date of enactment of this Act) and title XIII of the
Elementary and Secondary Education Act of 1965 (as such title
existed on the day before the date of enactment of the No Child
Left Behind Act of 2001 (Public Law 107-110)).
(2) Outreach.--In conducting competitions for grants under
this section, the Secretary shall actively encourage potential
applicants to compete for such awards by making widely available
information and technical assistance relating to the
competition.
(3) Objectives and indicators.--Before awarding a grant
under this section, the Secretary shall design specific
objectives and measurable indicators, using the results of the
assessment conducted under section 206, to be used to assess the
particular programs or initiatives, and ongoing progress and
performance, of the regional entities, in order to ensure that
the educational needs of the region are being met and that the
latest and best research and proven practices are being carried
out as part of school improvement efforts.
(c) Application.--
(1) Submission.--Each local entity, or consortium of such
entities, seeking a grant under this section shall submit an
application at such time, in such manner, and containing such
additional information as the Secretary may reasonably require.
(2) Plan.--Each application submitted under paragraph (1)
shall contain a 5-year plan for carrying out the activities
described in this section in a manner that addresses the
priorities established under section 207 and addresses the needs
of all States (and to the extent practicable, of local
educational agencies) within the region to be served by the
comprehensive center, on an ongoing basis.
(d) Allocation.--Each comprehensive center established under this
section shall allocate such center's resources to and within each State
in a manner which reflects the need for assistance, taking into account
such factors as the proportion of economically disadvantaged students,
the increased cost burden of service delivery in areas of sparse
populations, and any special initiatives being undertaken by State,
intermediate, local educational agencies,
[[Page 116 STAT. 1977]]
or Bureau-funded schools, as appropriate, which may require special
assistance from the center.
(e) Scope of Work.--Each comprehensive center established under this
section shall work with State educational agencies, local educational
agencies, regional educational agencies, and schools in the region where
such center is located on school improvement activities that take into
account factors such as the proportion of economically disadvantaged
students in the region, and give priority to--
(1) schools in the region with high percentages or numbers
of students from low-income families, as determined under
section 1113(a)(5) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6313(a)(5)), including such schools in rural
and urban areas, and schools receiving assistance under title I
of that Act (20 U.S.C. 6301 et seq.);
(2) local educational agencies in the region in which high
percentages or numbers of school-age children are from low-
income families, as determined under section 1124(c)(1)(A) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6333(c)(1)(A)), including such local educational agencies in
rural and urban areas; and
(3) schools in the region that have been identified for
school improvement under section 1116(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6316(b)).
(f) Activities.--
(1) In general.--A comprehensive center established under
this section shall support dissemination and technical
assistance activities by--
(A) providing training, professional development,
and technical assistance regarding, at a minimum--
(i) the administration and implementation of
programs under the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.);
(ii) the use of scientifically valid teaching
methods and assessment tools for use by teachers
and administrators in, at a minimum--
(I) the core academic subjects of
mathematics, science, and reading or
language arts;
(II) English language acquisition;
and
(III) education technology; and
(iii) the facilitation of communication
between education experts, school officials,
teachers, parents, and librarians, as appropriate;
and
(B) disseminating and providing information,
reports, and publications that are usable for improving
academic achievement, closing achievement gaps, and
encouraging and sustaining school improvement (as
described in section 1116(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6316(b))), to
schools, educators, parents, and policymakers within the
region in which the center is located; and
(C) developing teacher and school leader inservice
and preservice training models that illustrate best
practices in the use of technology in different content
areas.
(2) Coordination and collaboration.--Each comprehensive
center established under this section shall coordinate its
activities, collaborate, and regularly exchange information with
[[Page 116 STAT. 1978]]
the regional educational laboratory in the region in which the
center is located, the National Center for Education Evaluation
and Regional Assistance, the Office of the Secretary, the State
service agency, and other technical assistance providers in the
region.
(g) Comprehensive Center Advisory Board.--
(1) Establishment.--Each comprehensive center established
under this section shall have an advisory board that shall
support the priorities of such center.
(2) Duties.--Each advisory board established under paragraph
(1) shall advise the comprehensive center--
(A) concerning the activities described in
subsection (d);
(B) on strategies for monitoring and addressing the
educational needs of the region, on an ongoing basis;
(C) on maintaining a high standard of quality in the
performance of the center's activities; and
(D) on carrying out the center's duties in a manner
that promotes progress toward improving student academic
achievement.
(3) Composition.--
(A) In general.--Each advisory board shall be
composed of--
(i) the chief State school officers, or such
officers' designees or other State officials, in
each State served by the comprehensive center who
have primary responsibility under State law for
elementary and secondary education in the State;
and
(ii) not more than 15 other members who are
representative of the educational interests in the
region served by the comprehensive center and are
selected jointly by the officials specified in
clause (i) and the chief executive officer of each
State served by the comprehensive center,
including the following:
(I) Representatives of local
educational agencies and regional
educational agencies, including
representatives of local educational
agencies serving urban and rural areas.
(II) Representatives of institutions
of higher education.
(III) Parents.
(IV) Practicing educators, including
classroom teachers, principals, and
administrators.
(V) Representatives of business.
(VI) Policymakers, expert
practitioners, and researchers with
knowledge of, and experience using, the
results of research, evaluation, and
statistics.
(B) Special rule.--In the case of a State in which
the chief executive officer has the primary
responsibility under State law for elementary and
secondary education in the State, the chief executive
officer shall consult, to the extent permitted by State
law, with the State educational agency in selecting
additional members of the board under subparagraph
(A)(i).
(h) Report to Secretary.--Each comprehensive center established
under this section shall submit to the Secretary an annual
[[Page 116 STAT. 1979]]
report, at such time, in such manner, and containing such information as
the Secretary may require, which shall include the following:
(1) A summary of the comprehensive center's activities
during the preceding year.
(2) A listing of the States, local educational agencies, and
schools the comprehensive center assisted during the preceding
year.
SEC. 204. <<NOTE: 20 USC 9603.>> EVALUATIONS.
The Secretary shall provide for ongoing independent evaluations by
the National Center for Education Evaluation and Regional Assistance of
the comprehensive centers receiving assistance under this title, the
results of which shall be transmitted to the appropriate congressional
committees and the Director of the Institute of Education Sciences. Such
evaluations shall include an analysis of the services provided under
this title, the extent to which each of the comprehensive centers meets
the objectives of its respective plan, and whether such services meet
the educational needs of State educational agencies, local educational
agencies, and schools in the region.
SEC. 205. <<NOTE: 20 USC 9604.>> EXISTING TECHNICAL ASSISTANCE
PROVIDERS.
The Secretary shall continue awards for the support of the
Eisenhower Regional Mathematics and Science Education Consortia
established under part M of the Educational Research, Development,
Dissemination, and Improvement Act of 1994 (as such part existed on the
day before the date of enactment of this Act), the Regional Technology
in Education Consortia under section 3141 of the Elementary and
Secondary Education Act of 1965 (as such section existed on the day
before the date of enactment of the No Child Left Behind Act of 2001
(Public Law 107-110)), and the Comprehensive Regional Assistance Centers
established under part K of the Educational Research, Development,
Dissemination, and Improvement Act of 1994 (as such part existed on the
day before the date of enactment of this Act), in accordance with the
terms of such awards, until the comprehensive centers authorized under
section 203 are established.
SEC. 206. <<NOTE: 20 USC 9605.>> REGIONAL ADVISORY COMMITTEES.
(a) Establishment.--Beginning in 2004, the Secretary shall establish
a regional advisory committee for each region described in section
174(b) of the Education Sciences Reform Act of 2002.
(b) Membership.--
(1) Composition.--The membership of each regional advisory
committee shall--
(A) not exceed 25 members;
(B) contain a balanced representation of States in
the region; and
(C) include not more than one representative of each
State educational agency geographically located in the
region.
(2) Eligibility.--The membership of each regional advisory
committee may include the following:
(A) Representatives of local educational agencies,
including rural and urban local educational agencies.
[[Page 116 STAT. 1980]]
(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 chief executive
officers of States, chief State school officers, and education
stakeholders within the applicable region.
(4) Special rule.--
(A) Total number.--The total number of members on
each committee who are selected under subparagraphs (A),
(C), and (D) of paragraph (2), collectively, shall
exceed the total number of members who are selected
under paragraph (1)(C) and subparagraphs (B), (E), and
(F) of paragraph (2), collectively.
(B) Dissolution.--Each regional advisory committee
shall be dissolved by the Secretary after submission of
such committee's report described in subsection (c)(2)
to the Secretary, but each such committee may be
reconvened at the discretion of the Secretary.
(c) Duties.--Each regional advisory committee shall advise the
Secretary on the following:
(1) An educational needs assessment of its region (using the
results of the assessment conducted under subsection (d)), in
order to assist in making decisions regarding the regional
educational priorities.
(2) <<NOTE: Deadline.>> Not later than 6 months after the
committee is first convened, a report based on the assessment
conducted under subsection (d).
(d) Regional Assessments.--Each regional advisory committee shall--
(1) assess the educational needs within the region to be
served;
(2) in conducting the assessment under paragraph (1), seek
input from chief executive officers of States, chief State
school officers, educators, and parents (including through a
process of open hearings to solicit the views and needs of
schools (including public charter schools), teachers,
administrators, members of the regional educational laboratory
governing board, parents, local educational agencies,
librarians, businesses, State educational agencies, and other
customers (such as adult education programs) within the region)
regarding the need for the activities described in section 174
of the Education Sciences Reform Act of 2002 and section 203 of
this title and how those needs would be most effectively
addressed; and
(3) submit the assessment to the Secretary and to the
Director of the Academy of Education Sciences, at such time, in
such manner, and containing such information as the Secretary
may require.
[[Page 116 STAT. 1981]]
SEC. 207. <<NOTE: 20 USC 9606.>> PRIORITIES.
The Secretary shall establish priorities for the regional
educational laboratories (established under section 174 of the Education
Sciences Reform Act of 2002) and comprehensive centers (established
under section 203 of this title) to address, taking onto account the
regional assessments conducted under section 206 and other relevant
regional surveys of educational needs, to the extent the Secretary deems
appropriate.
SEC. 208. <<NOTE: 20 USC 9607.>> GRANT PROGRAM FOR STATEWIDE,
LONGITUDINAL DATA SYSTEMS.
(a) Grants Authorized.--The Secretary is authorized to award grants,
on a competitive basis, to State educational agencies to enable such
agencies to design, develop, and implement statewide, longitudinal data
systems to efficiently and accurately manage, analyze, disaggregate, and
use individual student data, consistent with the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
(b) Applications.--Each State educational agency desiring a grant
under this section shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may reasonably require.
(c) Awarding of Grants.--In awarding grants under this section, the
Secretary shall use a peer review process that--
(1) ensures technical quality (including validity and
reliability), promotes linkages across States, and protects
student privacy consistent with section 183;
(2) promotes the generation and accurate and timely use of
data that is needed--
(A) for States and local educational agencies to
comply with the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6301 et seq.) and other reporting
requirements and close achievement gaps; and
(B) to facilitate research to improve student
academic achievement and close achievement gaps; and
(3) gives priority to applications that meet the voluntary
standards and guidelines described in section 153(a)(5).
(d) Supplement Not Supplant.--Funds made available under this
section shall be used to supplement, and not supplant, other State or
local funds used for developing State data systems.
(e) Report.-- <<NOTE: Deadline.>> Not later than 1 year after the
date of enactment of the Educational Technical Assistance Act of 2002,
and again 3 years after such date of enactment, the Secretary, in
consultation with the National Academies Committee on National
Statistics, shall make publicly available a report on the implementation
and effectiveness of Federal, State, and local efforts related to the
goals of this section, including--
(1) identifying and analyzing State practices regarding the
development and use of statewide, longitudinal data systems;
(2) evaluating the ability of such systems to manage
individual student data consistent with the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.),
promote linkages across States, and protect student privacy
consistent with section 183; and
(3) identifying best practices and areas for improvement.
[[Page 116 STAT. 1982]]
SEC. 209. <<NOTE: 20 USC 9608.>> AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title
$80,000,000 for fiscal year 2003 and such sums as may be necessary for
each of the 5 succeeding fiscal years.
TITLE III-- <<NOTE: National Assessment of Educational Progress
Authorization Act.>> NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS
SEC. 301. <<NOTE: 20 USC 9501 note.>> SHORT TITLE.
This title may be referred to as the ``National Assessment of
Educational Progress Authorization Act''.
SEC. 302. <<NOTE: 20 USC 9623.>> DEFINITIONS.
In this title:
(1) The term ``Director'' means the Director of the
Institute of Education Sciences.
(2) The term ``State'' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
SEC. 303. <<NOTE: 20 USC 9624.>> AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated--
(1) for fiscal year 2003--
(A) $4,600,000 to carry out section 302, as amended
by section 401 of this Act (relating to the National
Assessment Governing Board); and
(B) $107,500,000 to carry out section 303, as
amended by section 401 of this Act (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, as
amended by section 401 of this Act.
(b) Availability.--Amounts made available under this section shall
remain available until expended.
TITLE IV--AMENDATORY PROVISIONS
SEC. 401. REDESIGNATIONS.
(a) Confidentiality.--Section 408 of the National Education
Statistics Act of 1994 (20 U.S.C. 9007) is amended--
(1) by striking ``center'', ``Center'', and ``Commissioner''
each place any such term appears and inserting ``Director'';
(2) in subsection (a)(2)(A), by striking ``statistical
purpose'' and inserting ``research, statistics, or evaluation
purpose under this title'';
(3) by striking subsection (b)(1) and inserting the
following:
``(1) In general.--
``(A) Disclosure.--No Federal department, bureau,
agency, officer, or employee and no recipient of a
Federal grant, contract, or cooperative agreement may,
for any reason, require the Director, any Commissioner
of a National Education Center, or any other employee of
the Institute to disclose individually identifiable
information that has been collected or retained under
this title.
``(B) Immunity.--Individually identifiable
information collected or retained under this title shall
be immune from
[[Page 116 STAT. 1983]]
legal process and shall not, without the consent of the
individual concerned, be admitted as evidence or used
for any purpose in any action, suit, or other judicial
or 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) <<NOTE: 20 USC 9007, 9573.>> 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 183 of this Act.
(b) Conforming Amendment.--Sections 302 and 303 of this
Act <<NOTE: Ante, p. 1982.>> 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)--
(A) by striking ``referred to as the `Board' '' and
inserting ``referred to as the `Assessment Board' '';
and
(B) by inserting ``(carried out under section 303)''
after ``for the National Assessment'';
(2) by striking ``Board'' each place such term appears
(other than in subsection (a)) and inserting ``Assessment
Board'';
(3) by striking ``Commissioner'' each place such term
appears and inserting ``Commissioner for Education Statistics'';
(4) in subsection (b)(2)--
(A) by striking ``Assistant secretary for
educational research'' in the heading and inserting
``Director of the institute of education sciences''; and
(B) by striking ``Assistant Secretary for
Educational Research and Improvement'' and inserting
``Director of the Institute of Education Sciences'';
(5) in subsection (e)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``section
411(b)'' and inserting ``section 303(b)'';
(ii) in subparagraph (B), by striking
``section 411(e)'' and inserting ``section
303(e)'';
(iii) in subparagraph (E), by striking ``,
including the Advisory Council established under
section 407'';
(iv) in subparagraphs (F) and (I), by striking
``section 411'' each place such term appears and
inserting ``section 303'';
(v) in subparagraph (H), by striking ``and''
after the semicolon;
(vi) in subparagraph (I), by striking the
period at the end and inserting ``; and''; and
(vii) by inserting at the end the following:
``(J) plan and execute the initial public release of
National Assessment of Educational Progress reports.
[[Page 116 STAT. 1984]]
The National Assessment of Educational Progress data shall not
be released prior to the release of the reports described in
subparagraph (J).'';
(B) in paragraph (5), by striking ``and the Advisory
Council on Education Statistics''; and
(C) in paragraph (6), by striking ``section 411(e)''
and inserting ``section 303(e)''; and
(6) <<NOTE: 20 USC 9011, 9621.>> 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''; and
(B) by striking ``and with the technical assistance
of the Advisory Council established under section
407,'';
(4) in subsection (b)--
(A) in paragraph (1), by inserting ``of'' after
``academic achievement and reporting'';
(B) in paragraph (3)(A)--
(i) in clause (i), by striking ``paragraphs
(1)(B) and (1)(E)'' and inserting ``paragraphs
(2)(B) and (2)(E)'';
(ii) in clause (ii), by striking ``paragraph
(1)(C)'' and inserting ``paragraph (2)(C)''; and
(iii) in clause (iii), by striking ``paragraph
(1)(D)'' and inserting ``paragraph (2)(D)''; and
(C) in paragraph (5), by striking ``(c)(2)'' and
inserting ``(c)(3)'';
(5) in subsection (c)(2)(D), by striking ``subparagraph
(B)'' and inserting ``subparagraph (C)'';
(6) in subsection (e)(4), by striking ``subparagraph
(2)(C)'' and inserting ``paragraph (2)(C) of such subsection'';
(7) in subsection (f)(1)(B)(iv), by striking ``section
412(e)(4)'' and inserting ``section 302(e)(4)''; and
(8) <<NOTE: 20 USC 9010, 9622.>> by transferring and
redesignating the section as section 303 (following section 302)
of title III of this Act.
(e) Table of Contents Amendment.--The items relating to title III in
the table of contents of this Act, as amended by section 401 of this
Act, are amended to read as follows:
``TITLE III--NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS
``Sec. 301. Short title.
``Sec. 302. National Assessment Governing Board.
``Sec. 303. National Assessment of Educational Progress.
``Sec. 304. Definitions.
``Sec. 305. Authorization of appropriations.''.
SEC. 402. AMENDMENTS TO DEPARTMENT OF EDUCATION ORGANIZATION ACT.
The Department of Education Organization Act (20 U.S.C. 3401 et
seq.) is amended--
(1) by striking section 202(b)(4) <<NOTE: 20 USC 3412.>>
and inserting the following:
[[Page 116 STAT. 1985]]
``(4) There shall be in the Department a Director of the Institute
of Education Sciences who shall be appointed in accordance with section
114(a) of the Education Sciences Reform Act of 2002 and perform the
duties described in that Act.'';
(2) by striking section 208 <<NOTE: 20 USC 3419. ``institute
of education sciences>> and inserting the following:
``Sec. 208. There shall be in the Department of Education the
Institute of Education Sciences, which shall be administered in
accordance with the Education Sciences Reform Act of 2002 by the
Director appointed under section 114(a) of that Act.''; and
(3) by striking the item relating to section 208 in the
table of contents in section 1 and inserting the following:
``Sec. 208. Institute of Education Sciences.''.
SEC. 403. REPEALS.
The following provisions of law are repealed:
(1) The National Education Statistics Act of 1994 <<NOTE: 20
USC 9001 note, 9001-9009, 9012.>> (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 <<NOTE: 20 USC 1221e notes, 6011, 6021, 6031, 6041, 6051,
6053-6053e, 6054-6054b, 6055-6055h, 6056, 6056a.>> (title IX of
the Goals 2000: Educate America Act) (20 U.S.C. 6001 et seq.).
(3) Section 401(b)(2) of the Department of Education
Organization Act (20 U.S.C. 3461(b)(2)).
SEC. 404. CONFORMING AND TECHNICAL AMENDMENTS.
(a) Goals 2000: Educate America Act.--The table of contents in
section 1(b) of the Goals 2000: Educate America Act (20 U.S.C. 5801
note) is amended by striking the items relating to parts A through E of
title IX (including the items relating to sections within those parts).
(b) Title 5, United States Code.--Section 5315 of title 5, United
States Code, is amended by striking the following:
``Commissioner, National Center for Education Statistics.''.
(c) General Education Provisions Act.--Section 447(b) of the General
Education Provisions Act (20 U.S.C. 1232j(b)) is amended by striking
``section 404(a)(6) of the National Education Statistics Act of 1994 (20
U.S.C. 9003(a)(6))'' and inserting ``section 153(a)(6) of the Education
Sciences Reform Act of 2002''.
(d) Elementary and Secondary Education Act of 1965.--The Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended
as follows:
(1) Section 1111(c)(2) <<NOTE: 20 USC 6311.>> 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) <<NOTE: 20 USC 6312.>> 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) <<NOTE: 20 USC 6317.>> is amended--
(A) by inserting ``(as such section existed on the
day before the date of enactment of the Education
Sciences Reform Act of 2002)'' after ``Act of 1994'';
and
(B) by inserting ``regional educational laboratories
established under part E of the Education Sciences
Reform
[[Page 116 STAT. 1986]]
Act of 2002 and comprehensive centers established under
the Educational Technical Assistance Act of 2002 and''
after ``assistance from''.
(4) Section 1501(a)(3) <<NOTE: 20 USC 6491.>> is amended by
striking ``section 411 of the National Education Statistics Act
of 1994'' and inserting ``section 303 of the National Assessment
of Educational Progress Authorization Act''.
(5) The following provisions are each amended by striking
``Office of Educational Research and Improvement'' and inserting
``Institute of Education Sciences'':
(A) Section 3222(a) (20 U.S.C. 6932(a)).
(B) Section 3303(1) (20 U.S.C. 7013(1)).
(C) Section 5464(e)(1) (20 U.S.C. 7253c(e)(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 Institute''.
(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 Institute
of Education Sciences''; and
(B) in subsection (b)(2)(B), by striking ``research
institutes of the Office of Educational Research and
Improvement'' and inserting ``National Education Centers
of the Institute of Education Sciences''.
(8) Sections 5615(d)(1) and 7131(c)(1) (20 U.S.C.
7283d(d)(1), 7451(c)(1)) are each amended by striking ``by the
Office'' and inserting ``by the Institute''.
(9) Section 9529(b) <<NOTE: 20 USC 7909.>> 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. <<NOTE: 20 USC 9501 note.>> 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.).
SEC. 406. IMPACT AID.
(a) Payments for Federally Connected Children.--Section
8003(b)(2)(C)(i)(II)(bb) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7703(B)(2)(c)(i)(II)(bb)) is amended to read as
follows:
[[Page 116 STAT. 1987]]
``(bb) for a local educational
agency that has a total student
enrollment of less than 350 students,
has a per-pupil expenditure that is less
than the average per-pupil expenditure
of a comparable local education agency
or three comparable local educational
agencies in the State in which the local
educational agency is located; and''.
(b) <<NOTE: Applicability. 20 USC 7703 note.>> Effective Date.--The
amendment made by section 406(a) shall be effective on September 30,
2001, and shall apply with respect to fiscal year 2001, and all
subsequent fiscal years.
(c) Bonesteel-Fairfax School District.--The Secretary of Education
shall deem the local educational agency serving the Bonesteel-Fairfax
school district, 26-5, in Bonesteel, South Dakota, as eligible in fiscal
year 2003 for a basic support payment for heavily impacted local
educational agencies under section 8003(b)(2) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)).
(d) Central School District.-- <<NOTE: Deadline.>> Notwithstanding
any other provision of law, the Secretary of Education shall treat as
timely filed an application filed by Central School District, Sequoyah
County, Oklahoma, for payment for federally connected students for
fiscal year 2003, pursuant to section 8003 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703), and shall process such
application for payment, if the Secretary has received such application
not later than 30 days after the date of enactment of this Act.
Approved November 5, 2002.
LEGISLATIVE HISTORY--H.R. 3801:
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HOUSE REPORTS: No. 107-404 (Comm. on Education and the Workforce).
CONGRESSIONAL RECORD, Vol. 148 (2002):
Apr. 30, considered and passed House.
Oct. 15, considered and passed Senate, amended.
Oct. 16, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
Nov. 5, Presidential statement.
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