HR 4875 IH
106th CONGRESS
2d Session
H. R. 4875
To provide for improvement of Federal education research, evaluation, information, and dissemination.
IN THE HOUSE OF REPRESENTATIVES
July 18, 2000
Mr. CASTLE (for himself, Mr. GOODLING, Mr. BALLENGER, Mr. BOEHNER, Mr. DEMINT, and Mr. ISAKSON) introduced the following bill; which was referred to the Committee on Education and the Workforce
A BILL
To provide for improvement of Federal education research, evaluation, information, and dissemination.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Scientifically Based Education Research, Statistics, Evaluation, and Information Act of 2000'.
(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 3. Academy authorization of appropriations.
TITLE I--NATIONAL ACADEMY FOR EDUCATION RESEARCH, STATISTICS, EVALUATION, AND INFORMATION
Sec. 101. National Academy for Education Research, Statistics, Evaluation, and Information.
Sec. 102. National Board for Education Research, Statistics, Evaluation, and Information.
Sec. 103. National Education Library and Clearinghouse Office.
TITLE II--NATIONAL CENTERS FOR EDUCATION RESEARCH, EVALUATION, AND STATISTICS; NATIONAL ASSESSMENT GOVERNING BOARD
Subtitle A--National Centers for Education Research, Evaluation, and Statistics
Chapter 1--National Center for Education Research
Sec. 201. Declaration of policy.
Sec. 203. Commissioner; senior scientist; staff.
Sec. 205. Committee on Education Research.
Sec. 207. Authority to publish.
Sec. 208. Standards for conduct and evaluation of research.
Chapter 2--National Center for Program Evaluation
Sec. 212. Commissioner; staff.
Sec. 214. Independent review panels.
Chapter 3--National Center for Education Statistics
Sec. 222. Findings; purpose.
Sec. 224. Commissioner; deputy commissioner and associate commissioners; staff.
Sec. 226. Performance of duties.
Sec. 228. Advisory Council for Education Statistics.
Sec. 229. Confidentiality.
Sec. 231. Cooperative education statistics systems.
Subtitle B--National Assessment Governing Board and National Assessment of Educational Progress
Chapter 1--National Assessment Governing Board
Sec. 251. National Assessment Governing Board.
Sec. 252. National Assessment of Educational Progress.
Sec. 253. Prohibition on federally sponsored testing.
TITLE III--ACTIVITIES WITHIN THE DEPARTMENT OF EDUCATION
Sec. 301. Office of Planning, Performance Management, and Technical Assistance.
Sec. 302. Authorization of appropriations.
TITLE IV--MISCELLANEOUS PROVISIONS
Sec. 401. Transition provisions.
SEC. 2. DEFINITIONS.
Except as otherwise provided in this Act, in this Act:
(1) SCIENTIFICALLY VALID RESEARCH- The term `scientifically valid research' includes applied research, basic research, and field-initiated research whose rationale, design, and interpretation is soundly developed in terms of established scientific research and that is conducted in accordance with scientifically based quantitative research standards and qualitative research standards as defined in this Act.
(2) BASIC RESEARCH- The term `basic research'--
(A) means research to gain fundamental knowledge or understanding of phenomena and observable facts without specific application toward processes or products; and
(B) includes original investigations for the advancement of scientific knowledge in the field of education.
(3) APPLIED RESEARCH- The term `applied research' means research to gain knowledge or understanding necessary for determining the means by which a recognized and specific need may be met and is specifically directed to discovery of new scientific knowledge which has as its specific objective the improvement of basic academic skills.
(4) FIELD-INITIATED RESEARCH- The term `field-initiated research' means basic research or applied research in which topics and methods of study are generated by investigators, including teachers and other practitioners, and which conform to scientifically valid research.
(5) SCIENTIFICALLY BASED QUANTITATIVE RESEARCH STANDARDS- The term `scientifically based quantitative research standards'--
(A) means the application of rigorous, systemic, and objective procedures to obtain valid knowledge relevant to education activities and programs; and
(B) includes research that--
(i) employs systematic, empirical methods that draw on observation or experiment;
(ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn;
(iii) relies on measurements or observational methods that provide valid data across evaluators and observers and across multiple measurements and observations and across studies by the same or different investigators;
(iv) is evaluated using experimental designs in which individuals, entities, programs, or activities are assigned to different conditions with appropriate controls to evaluate the effects of the condition of interest through random assignment experiments, or other designs to the extent such designs contain within-condition or across-condition controls;
(v) ensure experimental studies are presented in sufficient detail and clarity to allow for replication, or at a minimum offer the opportunity to build systematically on its findings; and
(vi) has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review.
(6) SCIENTIFICALLY BASED QUALITATIVE RESEARCH STANDARDS- The term `scientifically based qualitative research standards'--
(A) means the systematic collection and analysis of data often associated with traditions of inquiry historically based in the humanities, such as narrative analysis; and
(B) includes research that--
(i) uses some combination of participant observation, in-depth interviewing and document collection;
(ii) is intended to explore issues and hypotheses whose underlying dynamics and factors are not sufficiently well refined, understood, or amenable to experimental control to permit adequate study through quantitative research.
(iii) may include case studies, ethnographies, life histories, multi-site case studies, and participatory action research;
(iv) uses approaches to assess the experimental knowledge acquired to assure that the findings are scientifically valid and replicable; and
(v) has been accepted by a peer-review journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review.
(7) SOUND PROGRAM EVALUATION- The term `sound program evaluation'--
(A) means program evaluation that--
(i) adheres to the highest possible standards of quality with respect to research design, statistical analysis and the dissemination of findings;
(ii) provides an adequate understanding of the programs being evaluated, and examine program implementation, program impacts and the relationships between these factors;
(iii) provides impact estimates that truly reflect what was caused by the program;
(iv) produces or leads to findings that are broadly generalizable; and
(v) uses valid and reliable measures to document program implementation and impacts;
(B) includes only those program evaluations that--
(i) use qualitative and quantitative methodologies that are judged by the social science and evaluation research communities to be of the highest quality.;
(ii) in order to study program impacts use, whenever possible, some form of a classical experimental design with random assignment, in order;
(iii) when experimental designs are not feasible in order to study program impacts, use the strongest possible quasi-experimental alternative, basing it on longitudinal data; and
(iv) in order to study program implementation, use a combination of qualitative and quantitative methods.
(8) DEVELOPMENT- The term `development' is the systematic use of knowledge or understanding gained from the findings of basic research and applied research that may prove useful in the preparation of materials, new methods of instruction and practices in teaching, which may lead to the improvement of the academic skills of students, and that are replicable in different educational settings.
(9) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate congressional committees' means the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
(10) BOARD- Except as provided in subtitle B of title II or title III, the term `Board' means the National Board for Education Research, Statistics, Evaluation, and Information.
(11) DEPARTMENT- The term `Department' means the Department of Education.
(12) DIRECTOR- Except as provided in title III of this Act, the term `Director' means the Director of the National Academy for Education Research, Evaluation, Statistics, and Information appointed under section 101 of this Act.
(13) DISSEMINATION- The term `dissemination' means the communication and transfer, through the provision of technical assistance, electronic transfer, and other means, of the results of scientifically valid research, in forms that are understandable, easily accessible and usable or adaptable for use in the improvement of educational practice by teachers, administrators, librarians, other practitioners, researchers, policymakers, and the public.
(14) ACADEMY- The term `Academy' means the National Academy for Education Research, Statistics, Evaluation, and Information established by section 101 of this Act.
(15) INSTITUTION OF HIGHER EDUCATION- The term `institution of higher education' has the same meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(16) LOCAL EDUCATIONAL AGENCY- The term `local educational agency' has the same meaning given such term in section 14101(18) of the Elementary and Secondary Education Act of 1965 (20 U.S.C 8801(18)).
(17) STATE; UNITED STATES- The terms `State' and `United States'--
(A) except as provided in subparagraph (B), mean each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands; and
(B) for purposes of chapter 3 of subtitle A of title II of this Act, mean each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
(18) STATE EDUCATIONAL AGENCY- The term `State educational agency' has the same meaning given such term in section 14101(28) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801(28)).
(19) TECHNICAL ASSISTANCE- The term `technical assistance' means assistance in identifying, selecting, or designing solutions based on standards scientifically valid research, or applied research to address educational problems, planning, and design that leads to adapting such knowledge to school practice, training to implement such solutions, and other assistance necessary to encourage adoption or application of such research.
SEC. 3. ACADEMY AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL- Notwithstanding any other provision of law, the greater of 0.75 percent or $276,485,000 of the amount available to carry out discretionary programs for the Department of Education, for each of the fiscal years 2002 through 2006, shall be made available to carry out titles I and II for each such fiscal year, of which--
(1) 14 percent, but no less than $39,000,000, shall be made available for the Director to carry out title I, except for section 103;
(2) 8 percent, but no less than $22,800,000, shall be made available to carry out section 103 of title I;
(3) 31 percent, but no less than $84,800,000, shall be made available to the Commissioner of Research to carry out chapter I of title II;
(4) 8 percent, but no less than $21,900,000 shall be made available to the Commissioner of Evaluation to carry out chapter 2 of title II;
(5) 25 percent, but no less than $40,000,000, shall be made available to the Commissioner of Statistics to carry out chapter 3 of title II;
(6) 1 percent, but no less than $4,000,000, shall be made available to the National Assessment Governing Board to carry out section 251 of subtitle B of title II; and
(7) 13 percent, but no less than $36,000,000, shall be made available to the National Assessment Governing Board to carry out the National Assessment for Educational Progress in section 252 of subtitle B of title II.
(b) AVAILABILITY- Amounts made available under subsection (a) shall remain available until expended.
TITLE I--NATIONAL ACADEMY FOR EDUCATION RESEARCH, STATISTICS, EVALUATION, AND INFORMATION
SEC. 101. NATIONAL ACADEMY FOR EDUCATION RESEARCH, STATISTICS, EVALUATION, AND INFORMATION.
(a) ESTABLISHMENT- There is established in the executive branch an independent agency to be known as the National Academy for Education Research, Statistics, Evaluation, and Information. The Academy shall have a board of directors and shall be administered in accordance with the provisions of this Act under the supervision and direction of a Director.
(b) MISSION- The Academy is charged by Congress to ensure all research, evaluation, statistics, and dissemination activities supported by Federal funds through the Academy conform to high standards of quality, integrity, and accuracy, and are free from ideological agendas and undue political influence, in order to provide parents, educators, students, researchers, policymakers, and the general public, with reliable information about the condition and progress of education in the United States, educational practices that improve academic achievement, and the effectiveness of Federal education programs.
(c) DIRECTOR- The Director of the Academy shall be appointed by the President, by and with the advice and consent of the Senate, and shall serve for a term of six years, beginning on the date of appointment.
(d) QUALIFICATIONS- The Director shall be selected from individuals who are highly qualified authorities in the fields of research, statistics, evaluation methodology, education, as well as management within such areas, and has a demonstrated capacity for sustained productivity and leadership in these areas.
(e) PERSONNEL- Consistent with title 5, United States Code, the Director may appoint and fix the pay of such staff as the Director determines to be necessary to carry out the functions of the Academy which may include, as reasonably required by the Director, the hiring of certain scientific or technical employees for limited periods of time, without regard to the provisions of title 5, United States Code, governing appointment 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.
(f) RESPONSIBILITIES OF DIRECTOR- It shall be the responsibility of the Director to--
(1) approve the broad policy and agenda of the Academy, including, the general areas of research to be carried out by the National Center of Education Research, as developed by the Board pursuant to section 102(b);
(2) oversee and coordinate, as appropriate, the activities carried out under the Academy;
(3) ensure the methodology applied in conducting research, evaluation, and statistical analysis is consistent with the relevant standards and definitions of such activities under this Act;
(4) oversee and delegate to the appropriate Center large-scale development activities;
(5) determine which, if any, additional program evaluations shall be conducted by the Center for Program Evaluation, in addition to those specified under section 213;
(6) coordinate evaluation activities of this title with the Secretary of Education;
(7) oversee dissemination activities of the Academy;
(8) appoint members of the boards and committees within the Academy in accordance with this Act with the exception of the Board appointed under section 102;
(9) oversee the orderly transition of activities from the Department of Education to the Academy; and
(10) carry out other activities pursuant to this Act.
(g) INTERAGENCY ACCESS- The Director of the Academy shall coordinate with the Secretary of Education to ensure that the Department of Education and each of the Centers within the Academy use common sources of data in standardized formats. To the extent possible such program data should be maintained and updated in a location accessible to the Department and each such Center within the Academy.
(h) PUBLIC ACCESS- The Director shall ensure that the Commissioner of each Center establishes and maintains a regular schedule of data releases for all of the information it collects in order to carry out the missions of the Centers. Data collected for statistical, research, and evaluation purposes shall be archived in electronic format and made accessible to the public in a timely fashion.
(i) CONFIDENTIALITY- All collection, maintenance, use, and dissemination of data by the Academy shall conform with the requirements of the Privacy Act of 1974 and the confidentiality requirements under section 229 of this Act.
(j) NO REVIEW- No report issued by the Academy shall be subject to review by any other Federal office or agency.
SEC. 102. NATIONAL BOARD FOR EDUCATION RESEARCH, STATISTICS, EVALUATION, AND INFORMATION.
(a) IN GENERAL- The board of directors of the Academy shall be known as the `National Board for Education Research, Statistics, Evaluation, and Information'.
(b) GENERAL FUNCTIONS- The responsibility of the Board shall be to--
(1) develop a proposal, for submission to the Director, of broad policy and an agenda of the Academy, including, the general areas of research to be carried out by the National Center for Education Research established under section 202(a);
(2) review and regularly evaluate the work of the Academy to ensure that research, evaluation, and statistical analysis is consistent with standards and definitions of such activities under this Act;
(3) ensure activities carried out under the Academy are not subject to partisan or political influence; and
(4) provide advice and expertise to the Director on general policies with respect to the duties of the Academy; and
(5) carry out other duties and responsibilities pursuant to this Act.
(c) COMPOSITION OF BOARD-
(1) VOTING MEMBERS- The Board shall be composed of 19 voting members of whom--
(A) 1 member shall be the Commissioner for Education Research appointed under section 203(a);
(B) 1 member shall be the Commissioner for Program Evaluation appointed under section 212(a);
(C) 1 member shall be the Commissioner for Education Statistics appointed under section 224(a);
(D) 1 member shall be the Secretary of Education;
(E) 1 member shall be the Director of the National Institute of Child Health and Human Development;
(F) 1 member shall be the Director of the Census;
(G) 1 member shall be the Commissioner of Labor Statistics;
(H) 1 member shall be the President of the National Academy of Sciences;
(I) 3 members shall be appointed by the President;
(J) 4 members shall be appointed by the Speaker of the House, 2 such members shall be selected from recommendations made by the majority leader of the House and 2 such members shall be selected from recommendations made by the minority leader of the House; and
(K) 4 members shall be appointed by the President pro tempore of the Senate, of whom 2 such members shall be selected from recommendations made by the majority leader of the Senate and 2 such members shall be selected from recommendations made by the minority leader of the Senate.
(2) APPOINTED MEMBERSHIP- Individuals appointed under subparagraphs (I), (J), and (K) of paragraph (1), shall include individuals from each of the following groups--
(A) educators, including classroom teachers, principals, and other school administrators;
(C) business leaders; and
(3) TERMS- Members of the Board appointed under subparagraphs (I), (J), and (K) of paragraph (1), shall, as designated by a random selection process at the time of appointment, be as follows:
(A) 5 years for each of 4 members of the Board;
(B) 4 years for each of 4 members of the Board; and
(C) 3 years for each of 3 members of the Board.
(4) VACANCIES- Any vacancy in the Board shall not affect its powers, but shall be filled in the same manner as the original appointment.
(5) CHAIRPERSON- The Board shall annually elect a Chairperson from among the members of the Board.
(6) COMPENSATION- Except as provided in the following sentence, members of the Board shall serve without pay. 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) EXECUTIVE DIRECTOR AND STAFF-
(A) IN GENERAL--The Board shall have an Executive Director who shall be appointed by the Board.
(B) STAFF- Consistent with title 5, United States Code, the Executive Director may appoint and fix the pay of such staff as the Executive Director determines to be necessary to carry out the functions of the Board which may include, as reasonably required by the Executive Director, the hiring of certain scientific or technical employees for limited periods of time, without regard to the provisions of title 5, United States Code, governing appointment 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.
(9) MEETINGS- The Board shall meet not less than 4 times each year. The Board shall hold additional meetings at the call of the Chairperson of the Board or upon the request in writing of 6 members of the Board.
(10) QUORUM- A majority of the members of the Board shall constitute a quorum.
SEC. 103. NATIONAL EDUCATION LIBRARY AND CLEARINGHOUSE OFFICE.
(a) ESTABLISHMENT- There is established, within the Academy a National Education Library and Clearinghouse Office (in this section referred to as the `Library') which shall be headed by a Deputy Director appointed by the Director.
(b) GENERAL DUTIES- The duties of the Library shall be to collect, assess, and archive all products and publications developed through or supported by the Academy, as well as other relevant and useful educational related research information, projects, and publications developed by the Department of Education, other Federal agencies, or other entities, and make such information accessible in a user-friendly, timely, and efficient manner, including through the Internet, to schools, educators, parents, administrators, policymakers, entities responsible for carrying out technical assistance through the Department of Education, and the general public.
(c) ADDITIONAL REQUIREMENTS- In carrying out the duties under subsection (b), the Deputy Director shall--
(1) ensure that information disseminated under this section is completed in a cost-effective, nonduplicative manner which may be through the establishment or continuation of individual clearinghouses, to the extent determined appropriate by the Deputy Director; and
(2) ensure that all information disseminated reflects the best information available from research and practice which, at a minimum, shall include information in the core academic areas, including reading, writing, mathematics, and science.
TITLE II--NATIONAL CENTERS FOR EDUCATION RESEARCH, EVALUATION, AND STATISTICS; NATIONAL ASSESSMENT GOVERNING BOARD
Subtitle A--National Centers for Education Research, Evaluation, and Statistics
CHAPTER 1--NATIONAL CENTER FOR EDUCATION RESEARCH
SEC. 201. DECLARATION OF POLICY.
The Congress declares the following:
(1) It is the policy of the United States that education is the primary responsibility of the States and the people.
(2) The role of the Federal Government is to supplement education efforts at the State and the local levels, especially in areas where students are most disadvantaged.
(3) In particular, the Federal Government has a responsibility to conduct scientifically valid research that will benefit public education generally.
(4) Education research must be conducted with a minimum of political influence and with utmost integrity and free from ideological agendas.
SEC. 202. ESTABLISHMENT.
(a) ESTABLISHMENT--There is established, within the National Academy for Education Research, Evaluation, Statistics, and Information established under title I of this Act, a National Center for Education Research (hereafter in this chapter referred to as the `Center').
(b) MISSION--The mission of the Center shall be to provide national leadership in--
(1) expanding fundamental knowledge and understanding of education, particularly to improve the teaching and learning of reading, writing, mathematics, science, and other academic subjects;
(2) using accepted practices of scientific inquiry to obtain knowledge, comprehension or understanding of the truth of a particular educational theory, practice or condition; and
(3) promoting scientifically valid research findings that can provide the basis for improving academic instruction and learning in the classroom.
SEC. 203. COMMISSIONER; SENIOR SCIENTIST; STAFF.
(a) COMMISSIONER- The Center shall be headed by a Commissioner of Education Research (hereafter in this chapter referred to as the `Commissioner') who shall be appointed by the President and who--
(1) shall have substantial knowledge of programs assisted by the Center, including a high level of expertise in the field of research and research management;
(2) shall be paid in accordance with section 5315 of title 5, United States Code; and
(3) shall serve a term of six years, with the terms to expire every sixth July 1, beginning in 2001.
(b) SENIOR SCIENTIST- The Commissioner shall appoint a Senior Scientist to serve as the senior research expert in the Center to advise the Commissioner and staff of the Center on--
(1) scientific and technical standards to govern the activities of the Center and the research it supports;
(2) the planning and design of programs of research to be supported by the Center;
(3) the quality and rigor of research supported by the Center; and
(4) other matters related to ensuring high quality in the activities of the Center.
(c) STAFF- Consistent with title 5, United States Code, the Commissioner may appoint and fix the pay of such staff as the Commissioner determines to be necessary to carry out the functions of the Center which may include, as reasonably required by the Commissioner, the hiring of certain scientific or technical employees for limited periods of time, without regard to the provisions of title 5, United States Code, governing appointment 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.
SEC. 204. DUTIES.
(a) GENERAL DUTIES--The duties of the Commissioner are--
(1) to maintain published peer review standards and standards for the conduct and evaluation of all research, development, and dissemination carried out under the auspices of the Center pursuant to the provisions of this chapter;
(2) to approve and carry out the specific long-term priorities as developed by the Committee for Education Research established under section 205 based upon the general priorities set forth by the National Academy for Education Research, Evaluation, Statistics, and Information;
(3) to develop a research plan, based upon the priorities described in paragraph (2), which shall be carried out pursuant to paragraph (4), and as deemed appropriate by the Commissioner, be updated and modified to reflect findings from the evaluative summaries conducted under subsection (b), the Regional Board Reports described under 208 of the Department of Education Organization Act (20 U.S.C. 3419) (as amended by section 301 of this Act), and other appropriate information;
(4) to enter into contracts, grants, or cooperative agreements in accordance with section 208(b), at an amount and for a length of time determined to be appropriate by the Commissioner, with eligible research grantees, to carry out scientifically valid research that--
(A) is performance-based and subject to objective and measurable indicators, including timelines, that are used to assess the progress and performance of such research;
(B) meets the standards of research and peer review described in section 208(a); and
(C) includes both basic research and applied research and which shall include research conducted through field-initiated studies and which may include ongoing research initiatives that may be conducted through research and development centers;
(5) to promote the coordination of scientifically valid research within the Federal Government, and otherwise assist and foster such research, including through active participation in interagency research initiatives;
(6) to ensure research conducted by the Center is applicable to education practice and policy;
(7) to synthesize and disseminate, in coordination with the National Education Library and Clearinghouse Office, the findings and results of education research conducted or supported by the Center; and
(8) to prepare and submit an annual report, as described in section 206, which shall, along with the research priorities, be made available to the public through such means as the Internet.
(b) EVALUATIVE SUMMARIES OF RESEARCH PRIORITIES- In addition to the duties described in subsection (a), the Center shall also oversee and support the conduct of an evaluative summary of the primary education priority areas of each of the National Research and Development Centers described in subsection (e), which--
(1) to the extent determined appropriate by the Commissioner, shall be carried out through national research and development centers;
(2) shall be completed not later than 1 year after the date of the enactment of this Act; and
(3) shall be submitted to the Commissioner and the Committee on Educational Research established under section 205 to provide assistance on developing and implementing the research plan described in subsection (a)(3).
(c) EVALUATIVE SUMMARY- Each evaluative summary undertaken pursuant to subsection (b) shall--
(1) include a detailed description of the findings of the main research and development activities in each of the priority areas of such Center;
(2) describe how such new knowledge or understanding extends or otherwise relates to what had been previously known or understood;
(3) describe the implications of such new knowledge or understanding for educational practice and school reform;
(4) include any development, reform, and other assistance activities which have utilized such knowledge or understanding and the effects of such efforts;
(5) include a classification of all major research conducted within each such priority area, including all research conducted using Federal funds, into one of not more than 4 classifications which shall be initially developed by the Commissioner within 3 months after the date on which such first Commissioner is appointed, which provides a user-friendly mechanism for parents, educators, policymakers, and the general public to determine the type, reliability, and utility of specific research in accordance with scientifically valid research; and
(6) include an analysis of the major program activities of the Center in the categories of basic research, applied research, or development, and whether such research meets scientifically based quantitative research standards or scientifically based qualitative standards, as defined in this Act.
(d) TRANSITION- For purposes of carrying out the evaluative summaries pursuant to subsection (b) and to carry out any other duties deemed appropriate by the Commissioner, consistent with this chapter, the Commission shall extend any cooperative agreement, grant or contract made to a National Research and Development Center (as such Center was in existence on the day before the date of the enactment of this Act), for a period of not more than two years, after which the Commissioner, based upon the priorities of the Center and the research plan developed under subsection (a)(3), and the extent to which the work of the Center has met the standards of scientifically valid research, shall--
(1) extend or renegotiate such grant, contract or cooperative agreement with such Center for a period not to extend beyond fiscal year 2005; or
(2) terminate or prohibit the renewal such grant, contract or cooperative agreement.
(e) ELIGIBLE RESEARCH GRANTEE- In this section, the term `eligible research grantee' means a private or public, for profit, or nonprofit research organization, institution, agency, institution of higher education, individual, or a consortium thereof, including, but not limited to, national research and development centers and regional education laboratories for research, development, dissemination, and technical assistance with the ability or capacity to carry out scientifically valid research.
SEC. 205. COMMITTEE ON EDUCATION RESEARCH.
(a) ESTABLISHMENT- There is established, within the Center, a Committee for Education Research (hereafter in this chapter referred to as the `Committee').
(1) QUALIFICATIONS- The members of the Committee shall be individuals who, by virtue of their training, experience, and background are able to contribute to the mission of the Center described in section 202(b).
(2) CONFLICT OF INTEREST- A voting member of the Committee shall be considered a special Government employee for the purposes of the Ethics in Government Act of 1978.
(c) APPOINTMENTS- The Committee shall consist of 7 members appointed by the Director of the Academy. A majority of members of the Committee shall be experts in scientifically valid research, including at least one expert in the field of education and at least one expert in an academic discipline other than education.
(d) CHAIRPERSON- The Committee shall select, on an annual basis, a Chairperson from among its appointed members.
(1) IN GENERAL- Except as provided in paragraphs (2) and (3), the term of office of each voting member of the Committee shall be not more than 6 years.
(2) VACANCIES- Any individual appointed to fill a vacancy occurring on the Committee prior to the expiration of the term for which the predecessor of the individual was appointed shall be appointed for the remainder of the term. A vacancy shall be filled in the same manner in which the original appointment was made.
(3) MEMBERS FIRST APPOINTED- The terms of office of the members of the Committee who first take office after the date of the enactment of this Act shall, as designated by a random selection process at the time of appointment, be as follows:
(A) 3 years for each of 2 members of the Committee.
(B) 4 years for each of 2 members of the Committee.
(C) 6 years for each of 3 members of the Committee.
(f) MEETINGS OF COMMITTEE-
(1) IN GENERAL- The Committee shall meet at least quarterly at the call of the Chairperson and when at least one-third of the members of the Committee make a written request to meet.
(2) QUORUM- A majority of the members of the Committee shall constitute a quorum.
(3) OPEN MEETINGS- The Government in the Sunshine Act (5 U.S.C. 552b) shall apply to meetings of the Board.
(g) FUNCTIONS- It shall be the responsibility of the Committee--
(1) to develop a limited number of specific, long-term priorities to focus and guide the Center's program of research, based upon the general priorities of the Academy;
(2) in collaboration with the Commissioner, to determine an appropriate strategy for funding research activities;
(3) to comment on and review the standards of research described in section 208;
(4) to review the dissemination activities of the Academy to ensure that scientifically valid research is being effectively disseminated to schools and teachers; and
(5) to review regularly, evaluate, and publicly comment upon--
(A) the research activities of the Center; and
(B) the state of the quality of Federal education research.
(h) ADDITIONAL RESPONSIBILITIES OF COMMITTEE- It shall also be the responsibility of the Committee--
(1) to provide advice and assistance to the Commissioner in carrying out coordination activities with other related agencies;
(2) to recommend ways for strengthening active partnerships among researchers, educational practitioners, librarians, and policymakers;
(3)(A) to solicit advice and information from the educational field, to define research needs and suggestions for research topics;
(B) to involve educational practitioners, particularly teachers, in carrying out subparagraph (A); and
(4) to provide recommendations for how research conducted by the Center translates findings into workable, adaptable models for use in policy and in practice across different settings, and recommendations for other forms of dissemination.
(i) POWERS OF COMMITTEE- In carrying out its functions, powers, and responsibilities, the Committee--
(1) shall, without regard to the provisions of title 5, United States Code, relating to the appointment and compensation of officers or employees of the United States, appoint an executive director who shall assist in carrying out and managing the activities of the Committee and perform such other functions the Committee determines to be necessary and appropriate;
(2) shall appoint not more than five employees to carry out the duties of the Committee;
(3) may arrange for the detail of staff personnel and utilize the services and facilities of any department or agency of the Federal Government;
(4) may enter into contracts, or make other arrangements as may be necessary to carry out its functions;
(5) may review and comment on any grant, contract, or cooperative agreement made or entered into by the Center;
(6) may, to the extent otherwise permitted by law, obtain directly from any Federal department or agency such information as the Committee deems necessary to carry out its responsibilities; and
(7) shall establish such rules and procedures to govern its operations as it considers appropriate, to the extent otherwise permitted by law.
SEC. 206. REPORT.
Not later than December 31 of each year, the Commissioner shall transmit to the President, the appropriate congressional committees and be made widely available to the public through such means as the Internet, a report that contains--
(1) a description of the activities carried out by and through the Center during the prior fiscal year;
(2) a detailed summary of each grant, contract, and cooperative agreement funded during the prior fiscal year, including, at a minimum, the amount of funds, duration, recipient, purpose, goal, and object of the funds in meeting the mission of the Center, the products completed through such funds, and an evaluation of the use of such funds, which shall be available in a user-friendly electronic database;
(3) a description of how the activities of the Center comply with scientifically valid research consistent with the provisions of this chapter and have otherwise contributed to the mission of the Center as described under section 202(b); and
(4) such additional comments, recommendations, and materials as the Director of the Academy considers appropriate.
SEC. 207. AUTHORITY TO PUBLISH.
(a) IN GENERAL- The Commissioner is authorized to prepare and publish such information, reports, and documents as may be of value in carrying out the purposes of this chapter and are consistent with the purpose and mission of the Center as described in section 202(b).
(b) QUALITY ASSURANCE- In carrying out such authority, the Director shall ensure all such information and reports--
(1) are subjected to rigorous peer review prior to being published or otherwise made available by the Academy; and
(2) include the names of its peer reviewers;
(3) are based upon standards described in section 208;
(4) are categorized by the level of research the program or practice has achieved as described in section 204(b); and
(5) include information on the amount of Federal assistance provided.
SEC. 208. STANDARDS FOR CONDUCT AND EVALUATION OF RESEARCH.
(a) IN GENERAL- In carrying out its duties under this chapter, the Center shall--
(1) ensure all research conducted under the direction of the Center follows the standards of valid scientific research;
(2) ensure that the findings of all research conducted under the direction of the Center are published in a recognized, peer-reviewed journal;
(3) develop such other standards as may be necessary to govern the conduct and evaluation of all research, development, and dissemination activities carried out by the Center to assure that such activities meet the highest standards of professional excellence;
(4) 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 also actively solicit recommendations from research organizations and members of the general public in the development of such other standard described in paragraph (3); and
(5) require research to comply with Federal guidelines relating to research misconduct.
(b) AWARDING OF FUNDS- In the case of research that is carried out through grants, contracts, or cooperative agreements, the Center, at a minimum, shall--
(1) require that a process of open competition be used in awarding or entering into all grants, contracts, and cooperative agreements under this chapter;
(2) require that a system of peer review of highly qualified individuals with an in-depth knowledge of the subject to be investigated be utilized by the Academy--
(A) for reviewing and evaluating all applications for grants and cooperative agreements and bids for those contracts which exceed $100,000; and
(B) for evaluating and assessing the performance of all recipients of grants from and cooperative agreements and contracts with the Center;
(3) describe the general procedures which shall be used by each peer review panel in its operations;
(4) describe the procedures which shall be utilized in evaluating applications for grants, proposed cooperative agreements, and contract bids and specify the criteria and factors which shall be considered in making such evaluations; and
(5) require that the performance of all recipients of grants from and contracts and cooperative agreements with the Center shall be periodically evaluated, both during and at the conclusion of their receipt of assistance.
CHAPTER 2--NATIONAL CENTER FOR PROGRAM EVALUATION
SEC. 211. ESTABLISHMENT.
(a) ESTABLISHMENT--There is established, within the National Academy for Education Research, Evaluation, Statistics, and Information established under title I of this Act, a National Center for Program Evaluation (hereafter in this chapter referred to as the `Center').
(b) MISSION--The mission of the Center shall be to conduct evaluations of Federal education programs to determine the impact of such programs, especially on student outcomes.
SEC. 212. COMMISSIONER; STAFF.
(a) COMMISSIONER- The Center shall be headed by a Commissioner for Program Evaluation (hereafter in this chapter referred to as the `Commissioner') who shall be appointed by the President and who--
(1) should possess a demonstrated capacity for sustained productivity and leadership in program evaluation and development, and should be an individual who is technically competent in conducting sound program evaluations;
(2) shall oversee all evaluation and development activities of the Center, the awarding of contracts, the development of evaluation methodology, reporting the findings of evaluations to the public and Congress, and other duties essential to carrying out the mission of the Center; and
(3) shall serve a term of six years.
(1) IN GENERAL- Consistent with title 5, United States Code, the Commissioner may appoint and fix the pay of such staff as the Commissioner determines to be necessary to carry out the functions of the Center which may include, as reasonably required by the Commissioner, the hiring of certain scientific or technical employees for limited periods of time, without regard to the provisions of title 5, United States Code, governing appointment 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) REAPPOINTMENT- The Commissioner may reappoint an employee described in paragraph (1) for 1 additional term not to exceed three years if determined necessary by the Commissioner.
SEC. 213. DUTIES.
(1) IN GENERAL- The duties of the Center are--
(A) to evaluate programs under title I of the Elementary and Secondary Education Act of 1965;
(B) to evaluate other Federal education programs, as determined by the Director of the Academy;
(C) to evaluate education programs, on a contractual basis for other Federal or State agencies; and
(D) to oversee all contracting and personnel activities of the Center.
(2) ADDITIONAL REQUIREMENTS- Each evaluation conducted by the Center pursuant to paragraph (1) shall adhere to the highest possible standards of quality for conducting sound program evaluation with respect to research design, statistical analysis, and the dissemination of findings as described in section 2(7) of this Act.
(b) ADMINISTRATION OF EVALUATIONS UNDER TITLE I OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965-
(1) IN GENERAL- The Center 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 of Education as of the date of the enactment of this Act. These evaluations are to include--
(A) the national assessment of title I of such Act in accordance with paragraph (3);
(B) a longitudinal evaluation of the effectiveness of school interventions in accordance with paragraph (4); and
(C) national longitudinal surveys of schools.
(2) QUALITY STANDARDS- Each evaluation administered under this subsection shall conform to the extent possible to the sound program evaluation standards defined under section 2(7). The Commissioner shall determine if evaluation designs and methodology are sound, the extent to which it is reasonable for the evaluation to conform to such standards, and implement any necessary changes.
(3) NATIONAL ASSESSMENT OF TITLE I- The national assessment of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) shall examine in accordance with the standards under paragraph (2)--
(A) the impact of the programs carried out under part A of title I of the Elementary and Secondary Education Act of 1965 upon increasing student academic achievement;
(B) the impact of State standards, assessments, and accountability systems developed under part A of title I of the Elementary and Secondary Education Act of 1965 on improving student achievement and on the quality of education programs and instruction at the local level;
(C) the effectiveness of schoolwide programs and targeted assistance programs, as compared to one another, upon improving student academic achievement;
(D) the effectiveness of different comprehensive school reform models funded under title I of the Elementary and Secondary Education Act of 1965 on improving achievement of disadvantaged students;
(E) the cost-effectiveness of interventions funded under part A of title I of the Elementary and Secondary Education Act of 1965;
(F) the effects of school choice on the academic achievement of educationally disadvantaged students attending schools in need of improvement as defined under part A of title I of the Elementary and Secondary Education Act of 1965;
(G) the impact of the professional development activities supported under title I of the Elementary and Secondary Education Act of 1965 on instruction and student performance;
(H) the extent to which the resources provided under title I of the Elementary and Secondary Education Act of 1965 are targeted to disadvantaged students; and
(I) the effectiveness of Federal administration, including monitoring and technical assistance.
(4) NATIONAL LONGITUDINAL STUDY OF EFFECTIVENESS OF SCHOOL INTERVENTIONS- The Center shall carry out the ongoing longitudinal study of schools administered by the Secretary of Education and ensure that it provides the Congress and educators described in part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) with the following:
(A) An accurate description and analysis of its short-term and long-term effectiveness upon academic performance.
(B) A measure of the cost-effectiveness of title I of such Act in improving student academic achievement.
(C) A measure of the extent to which the changes made to part A of title I of the Elementary and Secondary Education Act of 1965 since 1994 have resulted in increased student academic achievement.
(D) An analysis of educational practices or model programs which are the most effective in improving the achievement of disadvantaged children.
(E) An analysis of the cost-effectiveness of different interventions used to improve the achievement of disadvantaged children.
(F) A stratified sample of school participating in programs under title I of such Act and shall ensure that different types of models or strategies for delivering schools services are analyzed, such as--
(i) schoolwide and targeted services under title I of such Act; and
(ii) comprehensive school reform models.
(G) An analysis of cohorts of students within the stratified sample of schools for at least five years which study, when the cohorts are taken as a whole, provides a picture of such program's effectiveness over the elementary and secondary grades.
(H) An analysis that includes, to the extent possible, students who transfer to different schools during the course of the study.
(I) An analysis of the effect of the summer break on maintaining and building on achievement gains from one year to the next, and the effect of summer school on narrowing achievement gaps.
SEC. 214. INDEPENDENT REVIEW PANELS.
(a) ESTABLISHMENT- The Commissioner may establish 1 or more independent review panels (hereafter in this section referred to as `panels') for each evaluation, or a set of evaluations, described in section 213, in order to assist the Center in carrying out the evaluation under such section. In carrying out each such evaluation, the Center and the panel shall consult with the appropriate program office within the Department of Education.
(1) IN GENERAL- Each panel shall consist of not more than 15 members, and shall be selected by the Director in consultation with the Commissioner and shall include--
(A) individuals who are specialists in statistics, evaluation, research and assessment, of which, in order to ensure diversity, the majority shall represent disciplines or programs outside of the field of education;
(B) 2 chief State school officers who shall not be members of the same political party;
(C) 2 school district superintendents who shall not be members of the same political party; and
(D) other individuals with expertise who would contribute to the overall rigor and quality of the program evaluation.
(c) TERMS OF OFFICE- The term of office of each member of a panel shall be for the duration of the evaluation the member is appointed to oversee.
(d) POWERS- Each panel shall--
(1) ensure that the evaluations are sound, ask meaningful and important questions, and are timely;
(2) oversee the evaluation as carried out by the Center or its contractors; and
(3) ensure that each evaluation is reviewed within 3 months of its completion by 3 independent experts in program evaluation to evaluate and comment on the degree to which it complies with sound program evaluation standards.
Such comments received under paragraph (3) shall be printed with the final version of the findings of the evaluation, along with any response by the Commissioner of the Center.
CHAPTER 3--NATIONAL CENTER FOR EDUCATION STATISTICS
SEC 221. SHORT TITLE.
This chapter may be cited as the `National Education Statistics Act of 2000'.
SEC. 222. FINDINGS; PURPOSE.
(a) FINDINGS- The Congress finds the following:
(1) A Department of Education was established in 1867 `for the purpose of collecting such statistics and facts as shall show the condition and progress of education in the several States and territories, and of diffusing such information respecting the organization and management of schools and school systems and methods of teaching as shall aid the people of the United States in the establishment and maintenance of efficient school systems, and otherwise promote the cause of education throughout the United States'.
(2) Today, while the role of the current Department of Education is much broader, the National Center for Education Statistics continues to perform those crucial original purposes.
(3) It is paramount that the collecting, analyzing, and reporting of information and statistics be done in a manner that is objective and free of partisan and political influence, and that such activities can be most effectively carried out by a National Center for Education Statistics that is located within an independent National Academy for Education Research, Statistics, Evaluation, and Information insulated from the Department of Education.
(4) The availability of valid, reliable and timely data, delivered in widely accessible formats, provides policymakers, educators, parents, and the public with information for making key decisions about education in their States and local school districts.
(5) As schools, school districts, States, the Department of Education, and the Academy continue to move to performance-based systems, in which accountability and improvement efforts are driven by student and school outcomes, comprehensive and accurate information and data on such outcomes become increasingly important.
(6) Recent technological advances permit more efficient and effective strategies for the collection, analysis, reporting and dissemination, and warehousing of data, thereby enhancing the timeliness and usability of the data by the public.
(7) Entering the 21st century, the National Center for Education Statistics must be able to design and undertake, effectively and efficiently, statistical activities that will aid in the reform of the Nation's educational systems.
(b) PURPOSE- The purpose of this chapter is to ensure the continuation of an effective mechanism, free of partisan and political influence, for collecting and reporting statistics and information showing the condition and progress of education in the United States and other nations in order to promote and accelerate the improvement of American education.
SEC. 223. ESTABLISHMENT.
(a) ESTABLISHMENT- There is established, within the Academy established under title I of this Act, a National Center for Education Statistics (hereafter in this chapter referred to as the `Center').
(b) MISSION--The mission of the Center shall be--
(1) to collect and analyze education information and statistics under this Act in a manner that meets the highest methodological standards;
(2) to report education information and statistics under this Act in a timely manner; and
(3) to collect, analyze, and report education information and statistics under this Act in a manner that--
(A) is objective and free of partisan and political influence; and
(B) is relevant and useful to practitioners, researchers, policymakers, and the public.
SEC. 224. COMMISSIONER; DEPUTY COMMISSIONER AND ASSOCIATE COMMISSIONERS; STAFF.
(a) COMMISSIONER- The Center shall be headed by a Commissioner for Education Statistics (hereafter in this chapter referred to as the `Commissioner') who shall be appointed by the President and who--
(1) shall have substantial knowledge of programs assisted by the Center;
(2) shall be paid in accordance with section 5315 of title 5, United States Code; and
(3) shall serve a term of six years, with the terms to expire every sixth July 1, beginning in 2001.
(b) DEPUTY COMMISSIONER AND ASSOCIATE COMMISSIONERS- The Commissioner may appoint a Deputy Commissioner and such Associate Commissioners as the Commissioner determines are necessary and appropriate.
(1) IN GENERAL- The Commissioner may appoint, for terms not to exceed three years (without regard to the provisions of title 5, United States Code, governing appointment in the competitive service) such statistical experts of the Center as the Commissioner considers necessary to accomplish the Center's mission, provided that--
(A) 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;
(B) the appointment of such employee is necessary to provide the Center with scientific and technical expertise which could not otherwise be obtained by the Center through the competitive service; and
(C) the total number of such employees does not exceed 10 percent of the number of full-time professional employees of the Center.
(2) REAPPOINTMENT OF EMPLOYEES--The Commissioner may reappoint employees described in paragraph (1) upon presentation of clear and convincing evidence of need, for one additional term not to exceed three years. All such employees shall work on activities of the Center and shall not be reassigned to other duties outside the Center during their term.
SEC. 225. DUTIES.
(a) GENERAL DUTIES- The duties of the Center are to collect, analyze, and disseminate statistics and other information related to education in the United States and in other nations, including--
(1) collecting, acquiring, compiling (where appropriate, on a State by State basis), and disseminating full and complete statistics on the condition and progress of education, at the preschool, elementary, secondary, and postsecondary, and adult levels in the United States, including data on--
(A) State and local education reform activities;
(B) student achievement at all levels of education;
(C) secondary school completions, dropouts, and adult literacy;
(D) educational access to and opportunity for postsecondary education, including data on financial aid to postsecondary students;
(E) teaching, including data on course-taking, instruction, the conditions of the education workplace, and the supply of, and demand for, teachers, which may include data on the proportions of women and men, cross-tabulated by race or ethnicity, teaching in subjects in which such individuals have been historically underrepresented;
(F) the learning and teaching environment, including data on libraries;
(G) 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;
(H) the financing and management of education, including data on revenues and expenditures;
(I) the social and economic status of children relative to academic achievement; and
(J) technology in the classroom;
(2) conducting and publishing reports and analyses of the meaning and significance of such statistics;
(3) conducting longitudinal studies, as well as regular and special surveys and data collections, necessary to report on the condition and progress of education;
(4) collecting, analyzing, cross-tabulating, and reporting, to the extent feasible, so as to provide information by gender, race, socioeconomic status, limited-English proficiency, and other population characteristics when such disaggregated information would facilitate educational and policy decisionmaking;
(5) assisting public and private educational agencies, organizations, and institutions in improving and automating statistical and data collection activities; and
(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.
(b) PERFORMANCE MANAGEMENT- The Commissioner shall make customer service a priority and shall ensure a high level of customer satisfaction through--
(1) establishing and improving feedback mechanisms in order to anticipate customer needs;
(2) disseminating information in a timely fashion, and in formats that are easily accessible and usable by researchers, practitioners, and the general public;
(3) utilizing the most modern technology and other methods available, including arrangements to use data collected electronically by States and local educational agencies, to ensure the efficient collection and timely distribution of information, including data and reports;
(4) establishing, and measuring the Center's performance against, a set of indicators for the quality of data collected, analyzed, and reported by the Center;
(5) continuously improving the management strategies and practices of the Center; and
(6) making data available to the public in an expeditious fashion.
(c) TRAINING PROGRAM- The Commissioner may establish a program to train employees of public and private educational agencies, organizations, and institutions in the use of the Center's standard statistical procedures and concepts and may establish a fellows program to appoint such employees as temporary fellows at the Center in order to assist the Center in carrying out its duties.
SEC. 226. PERFORMANCE OF DUTIES.
(a) GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS-
(1) IN GENERAL- In carrying out the duties of the Center under this chapter, the Commissioner may award grants, and enter into contracts and cooperative agreements.
(2) 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 five years, and may be renewed at the discretion of the Commissioner for an additional period of not more than five years.
(b) GATHERING INFORMATION-
(1) AUTHORITY OVER IMPLEMENTATION OF DATA COLLECTION- Except with respect to the National Assessment of Educational Progress carried out under subtitle B of this title, the Commissioner shall have final authority within the Academy with respect to decisions regarding the implementation of data collection activities, including the appropriateness of specific collection methodologies.
(2) SAMPLING- The Commissioner may use the statistical method known as sampling to carry out the purpose of this chapter.
(3) SOURCE OF INFORMATION- The Commissioner may, as the Commissioner considers appropriate, use information collected--
(A) from States, local educational agencies, public and private schools, preschools, institutions of higher education, libraries, administrators, teachers, students, the general public, and such other individuals, organizations, agencies, and institutions as the Commissioner may consider appropriate (including information collected by States and local educational agencies for their own use);
(B) by other offices within the Academy and by other Federal departments, agencies, and instrumentalities.
(4) COLLECTION- The 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 Center to any such agency, organization, or institution to assist in such collection.
(5) TECHNICAL ASSISTANCE AND COORDINATION- In order to maximize the effectiveness of Federal efforts to serve the educational needs of children and youth, the Commissioner shall--
(A) provide technical assistance to the Department of Education offices that gather data for statistical purposes; and
(B) coordinate closely with other Department of Education offices in the collection of data.
(6) ADDITIONAL REQUIREMENT- To assure adequate notification, the Commissioner shall notify the sources of information and others identified in paragraph (3) of--
(A) the hardware and software requirements for electronic submission of data in a reasonable amount of time in advance of new collection activities for which electronic submission will be required, but not less than six months prior thereto; and
(B) any new requirements for data collection and submissions in a reasonable amount of time prior to the period for which the new data collection is required, but not less than six months prior thereto.
SEC. 227. REPORTS.
(a) REPORT ON CONDITION AND PROGRESS OF EDUCATION- The Commissioner shall, not later than June 1, 2001, and each succeeding June 1 thereafter, submit to the President and the appropriate congressional committees, a statistical report on the condition and progress of education in the United States.
(b) STATISTICAL REPORTS- The Commissioner shall issue regular statistical reports to the President and the appropriate congressional committees on such education topics as the Commissioner determines to be appropriate.
(c) SPECIAL REPORTS- The Commissioner may, whenever the Commissioner considers it appropriate, issue special reports on particular education topics.
(d) PROCEDURES FOR ISSUANCE OF REPORTS- The Commissioner shall establish procedures to ensure that the reports issued under this section are relevant, of high quality, useful to customers, subject to rigorous peer review, produced in a timely fashion, and free from any political influence.
SEC. 228. ADVISORY COUNCIL FOR EDUCATION STATISTICS.
(a) ESTABLISHMENT- There is established, within the Center, an Advisory Council for Education Statistics (hereafter in this chapter referred to as the `Council').
(1) COMPOSITION- The Council shall be composed of--
(A) 18 voting members who are users of education data and who are appointed by the Director of the Academy on the basis of their experience and eminence within the field of education, of whom at least--
(i) three shall be practicing educators;
(ii) three shall be education policymakers;
(iii) three shall be professional statisticians;
(iv) three shall be education researchers; and
(v) three shall be experts in educational measurement;
(B) three individuals representing the general public, appointed by the Director of the Academy;
(C) the Director of the Census and the Commissioner of Labor Statistics, as voting, ex officio members; and
(D) the Commissioner for Education Statistics and the Director of the Academy, as nonvoting, ex officio members.
(2) PRESIDING OFFICER- The Commissioner shall appoint the presiding officer of the Council from among the voting members of the Council.
(3) TERMS- Members of the Council appointed under paragraph (1)(A) shall be appointed for three-year terms, except that, in the case of initial appointments, the Secretary shall make appointments for shorter terms to the extent necessary to avoid the expiration of the terms of more than six members in the same calendar year.
(A) IN GENERAL- The Council shall meet in public session at the call of the presiding officer, except that the Council shall meet--
(i) at least two times during each calendar year; and
(ii) in addition, whenever ten voting members request in writing that the presiding officer call a meeting.
(B) QUORUM- Eleven voting members of the Council shall constitute a quorum.
(c) STAFF- The Council shall appoint a staff of not more than six individuals with technical expertise to enable the Council to carry out its duties.
(d) DUTIES- The Council shall--
(1) review and advise the Commissioner on--
(A) general policies for the operation and activities of the Center;
(B) standards to ensure that statistics and other information disseminated by the Center are of high quality and are not subject to partisan or political influence;
(C) standards for peer review of statistical research;
(D) the development of the data quality indicators under section 225(b)(4); and
(E) the extent to which the data collected and reported by the Center respond to customer needs;
(2) annually submit to the Board, the President, and the appropriate congressional committees a report on the quality and usefulness of data collected and reported by the Center, and on any other issues requiring public attention; and
(3) advise the Commissioner on technical and statistical matters related to activities over which the Center has responsibility.
SEC. 229. CONFIDENTIALITY.
(a) CONFIDENTIALITY STANDARDS-
(1) IN GENERAL- The Center shall develop and enforce standards designed to protect the confidentiality of persons in the collection, reporting, and publication of data under this chapter. This section shall not be construed to protect the confidentiality of information about institutions, organizations, and agencies that receive grants from, or have contracts or cooperative agreements with, the Federal Government.
(2) PROHIBITION- No person may--
(A) use any individually identifiable information furnished under this chapter for any purpose other than a statistical purpose;
(B) make any publication whereby the data furnished by any particular person under this chapter can be identified; or
(C) permit anyone other than the individuals authorized by the Commissioner to examine the individual reports.
(1) IN GENERAL- No department, bureau, agency, officer, or employee of the Federal Government, except the Commissioner in carrying out the purposes of this chapter, shall require, for any reason, copies of reports that have been filed under this chapter with the Center or retained by any individual respondent. Copies of such reports that have been so filed or retained with the Center or any of the Center's employees, contractors, or agents shall be immune from legal process, and shall not, without the consent of the individual concerned, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding. This paragraph shall apply only to individually identifiable information.
(2) EMPLOYEE OR STAFF VIOLATIONS- Whoever, being or having been an employee or staff member of the Center, having taken or subscribed the oath of office, or having sworn to observe the limitations imposed by subsection (a)(2) of this section, knowingly publishes or communicates any individually identifiable information, the disclosure of which is prohibited by subsection (a)(2) of this section, and that comes into such employee or staff's possession by reason of employment (or otherwise providing services) under this chapter, shall be found guilty of a class E felony and imprisoned for not more than five years, or fined as specified in section 3571 of title 18, United States Code, or both.
(3) TEMPORARY STAFF- The Commissioner may utilize temporary staff, including employees of Federal, State, or local agencies or instrumentalities (including local educational agencies), and employees of private organizations to assist the Center in performing the Center's responsibilities, but only if such temporary staff are sworn to observe the limitations imposed by this section.
(4) INFORMATION REQUIREMENTS- No collection of information or data acquisition activity undertaken by the Center shall be subject to any review, coordination, or approval procedure except as required by the Director of the Office of Management and Budget under the rules and regulations established pursuant to chapter 35 of title 44, United States Code, except such collection of information or data acquisition activity may be subject to review or coordination if the Commissioner determines that such review or coordination is beneficial.
(5) DEFINITIONS- For the purposes of this section--
(A) the term `individually identifiable information' means any record, response form, completed survey, or aggregation thereof from which information about particular individuals may be revealed; and
(B) the term `report' means a response provided by or about an individual to an inquiry from the Center and does not include a statistical aggregation from which individually identifiable information cannot be revealed.
(6) VIOLATIONS- Any person who uses any data provided by the Center, in conjunction with any other information or technique, to identify any individual student, teacher, administrator, or other individual and who knowingly discloses, publishes, or uses such data for a purpose other than a statistical purpose, or who otherwise violates subparagraph (A) or (B) of subsection (a)(2) of this section, shall be found guilty of a class E felony and imprisoned for not more than five years, or fined as specified in section 3571 of title 18, United States Code, or both.
(7) ACCESS TO REPORTS OR RECORDS- Nothing in this section shall restrict the right of the Director, the Comptroller General of the United States, the Director of the Congressional Budget Office, and the Librarian of Congress, to gain access to any reports or other records, including information identifying individuals, in the Center's possession, except that the same restrictions on disclosure that apply under paragraphs (1) and (6) shall apply to such individuals.
SEC. 230. DISSEMINATION.
(1) IN GENERAL- The 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 Center shall provide State and local educational agencies opportunities to suggest the development of particular compilations of statistics, surveys, and analyses that would assist those educational agencies.
(b) CONGRESSIONAL REQUESTS- The Center shall furnish such special statistical compilations and surveys as the appropriate congressional committees, may request.
(c) JOINT STATISTICAL PROJECTS- The Commissioner may engage in joint statistical projects related to the purposes of this chapter, 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 Commissioner.
(1) IN GENERAL- Statistical compilations and surveys under this section, other than those carried out pursuant to subsections (b) and (c) of this section, 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.
(1) OTHER AGENCIES- The Center shall, consistent with section 229, cooperate with other Federal agencies having a need for educational data in providing access to educational data received by the Center.
(2) INTERESTED PARTIES- The Center shall, in accordance with such terms and conditions as the Commissioner 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 Center for the purposes of research and acquiring statistical information.
SEC. 231. COOPERATIVE EDUCATION STATISTICS SYSTEMS.
(a) ESTABLISHMENT- The Commissioner may establish one or more national cooperative education statistics systems for the purpose of producing and maintaining, with the cooperation of the States, comparable and uniform information and data on early childhood education, elementary and secondary education, adult education and libraries, that are useful for policymaking at the Federal, State, and local levels. In carrying out this section, the Commissioner may provide technical assistance, and make grants and enter into contracts and cooperative agreements.
(b) POSTSECONDARY GROUPS-
(1) ESTABLISHMENT- The Commissioner may establish one or more groups composed of individuals representing postsecondary education agencies and all sectors of postsecondary education institutions to provide advice and recommendations for producing postsecondary education data that are useful for policymakers, including Congress, at the Federal, State, and local levels. Such groups shall include both providers and users of postsecondary education data, and shall make recommendations for the use of appropriate technologies in collection and dissemination of data, and advise on how data collection requirements can be made more efficient and cost effective for institutions.
(2) ADMINISTRATION- In carrying out this section, the Commissioner may provide technical assistance, and make grants and enter into contracts and cooperative agreements.
Subtitle B--National Assessment Governing Board and National Assessment of Educational Progress
CHAPTER 1--NATIONAL ASSESSMENT GOVERNING BOARD
SEC. 251. NATIONAL ASSESSMENT GOVERNING BOARD.
(a) ESTABLISHMENT- There is established, within the Academy, the National Assessment Governing Board which shall formulate policy and carry out the National Assessment of Educational Progress described in section 252.
(1) EXISTING MEMBERS- Individuals serving on the National Assessment Governing Board on the day before the date of the enactment of this Act shall continue to serve in such capacity until the expiration of their term of appointment.
(2) APPOINTMENT AND COMPOSITION- Upon the expiration of an existing member's term on the National Assessment Governing Board and in accordance with subsection (d), the Director of the Academy shall appoint members to such Board to be composed of--
(A) two Governors, or former Governors, who shall not be members of the same political party;
(B) two State legislators, who shall not be members of the same political party;
(C) two chief State school officers;
(D) two members of a State board of education;
(E) one superintendent of a local educational agency;
(F) one member of a local board of education;
(G) three classroom teachers representing the grade levels at which the National Assessment of Educational Progress is conducted;
(H) one representative of business or industry;
(I) two curriculum specialists;
(J) three testing and measurement experts, who shall have training and experience in the field of testing and measurement;
(K) one nonpublic school administrator or policymaker;
(L) two school principals, of whom one shall be an elementary school principal and one shall be a secondary school principal; and
(M) four additional members who are representatives of the general public, including parents.
(3) EX OFFICIO MEMBERS- The Commissioner of Education Statistics and the Director of the Academy shall serve as ex officio, nonvoting members of the Board.
(4) SPECIAL RULE- The Director of the Academy shall ensure at all times that the membership of the Board reflects regional, racial, gender, and cultural balance and diversity. The Board shall exercise its independent judgment, free from inappropriate influences and special interests.
(1)(A) IN GENERAL- Terms of service of members of the Board shall be staggered and may not exceed a period of 4 years.
(B) TRANSITION RULE- Notwithstanding paragraph (2), subparagraph (A) shall take effect on the date of the enactment of this Act, except that members of the Board who were appointed and granted a 3-year term of service by the Secretary of Education before such date, and who are members on such date, shall be granted a 1-year extension of such term.
(2) SERVICE LIMITATION- Except for a 1-year extension provided in paragraph (1)(B), members of the Board may serve not more than 2 consecutive terms.
(3) CHANGE OF STATUS- A member of the Board who changes status under subsection (b) of this section during the term of the appointment of the member may continue to serve as a member until the expiration of such term.
(A) The Director of the Academy shall appoint new members to fill vacancies on the Board from among individuals who are nominated by organizations representing the type of individuals described in subsection (b)(1) with respect to which the vacancy exists.
(B) Each organization submitting nominations to the Director of the Academy with respect to a particular vacancy shall nominate for such vacancy 6 individuals who are qualified by experience or training to fill the particular Board vacancy.
(2) ADDITIONAL NOMINATIONS- The Director of the Academy may request that each organization described in paragraph (1)(A) submit additional nominations if the Director determines that none of the individuals nominated by such organization have appropriate knowledge or expertise.
(1) IN GENERAL- In carrying out its responsibilities to formulate policy and carry out the National Assessment of Educational Progress, the Board shall have authority to--
(A) publish notices in the Federal Register and the Commerce Business Daily;
(B) review and approve for publication or public dissemination articles, reports, brochures, speeches, books, and other documents;
(C) make, enter into, and perform contracts, leases, or other similar transactions in furtherance of the functions and responsibilities of the Board;
(D) obligate funds allocated and allotted to the National Assessment Governing Board;
(E) perform personnel functions necessary to appoint and fix compensation of officers and employees and to appoint excepted service personnel and to obtain the services of experts and consultants;
(F) make determinations regarding conflicts of interest; and
(G) solicit, accept, hold, administer, and utilize gifts, bequests, and devises of money, property, both real and personal, or unconditional gifts of services.
(2) ESTABLISHMENT OF POLICY- In establishing policy for the National Assessment of Educational Progress, the Board shall--
(A) select subject areas to be assessed (consistent with section 252(c)(1));
(B) develop appropriate student performance levels as provided in section 252(f);
(C) develop assessment objectives and test specifications through a national consensus approach which includes the active participation of teachers, curriculum specialists, State boards of education, local school boards, local school administrators, parents, and concerned members of the public;
(D) design the methodology of the assessment, in consultation with appropriate technical experts;
(E) develop guidelines for reporting and disseminating results;
(F) develop standards and procedures for interstate, regional, and national comparisons; and
(G) take appropriate actions needed to improve the form and use of the National Assessment of Educational Progress.
(3) DELEGATION- The Board may delegate any of the Board's procedural and administrative functions to its staff.
(4) COGNITIVE AND NONCOGNITIVE ITEMS- The Board shall have final authority on the appropriateness of cognitive and noncognitive items.
(5) PROHIBITION AGAINST BIAS- The Board shall take steps to ensure that all items selected for use in the National Assessment of Educational Progress are free from racial, cultural, gender, or regional bias.
(6) TECHNICAL- In carrying out the duties required by paragraph (2), the Board may seek technical advice, as appropriate, from the Commissioner of Education Statistics and the Advisory Council on Education Statistics and other experts.
(7) REPORT- Not later than 90 days after an evaluation of the student performance levels under section 252(f), the Board shall make a report to the Director of the Academy, the Committee on Education and the Workforce of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate describing the steps the Board is taking to respond to each of the recommendations contained in such evaluation.
(1) IN GENERAL- In the exercise of its responsibilities, the Board shall be independent of the Director and the other offices and officers of the Academy.
(A) The Board may appoint such staff as will enable the Board to carry out its responsibilities.
(B) Such appointments may include, for terms not to exceed 3 years and without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, technical employees who may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.
(g) ADMINISTRATION- Section 10, 11, and 12 of the Federal Advisory Committee Act shall apply with respect to the Board.
SEC. 252. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.
(a) ESTABLISHMENT- The National Assessment Governing Board shall establish policy and carry out, through grants, contracts, or cooperative agreements with 1 or more qualified entities, or consortia thereof, a National Assessment of Educational Progress. The National Assessment of Education Progress collectively refers to a long-term trend assessment, national assessment, and State assessments.
(b) PURPOSE; LONG-TERM TREND ASSESSMENT, NATIONAL ASSESSMENTS, AND STATE ASSESSMENTS- The purpose of the National Assessment of Educational Progress is to provide a fair and accurate presentation of educational achievement in reading, writing, mathematics, and science, and as time and resources permit, the additional subjects of United States history, geography, and civics.
(1) IN GENERAL- The National Assessment Governing Board, in carrying out the National Assessment of Educational Progress, shall use sampling techniques that produce data that are representative on a national and regional basis, and on a State basis pursuant to paragraph (2). The Board, in accordance with an assessment and reporting schedule developed and published by the Board, shall--
(A) conduct a long-term trend assessment for purposes of tracking long-term national trends, collect and report data on a periodic basis, but at least every 4 years, for students at ages 9, 13, and 17 in reading, mathematics, and science and in grades 4, 8, and 11 in writing;
(B) for purposes of collecting data on student achievement based on frameworks developed by the Board under section 251(e)(2), conduct a national assessment each year and State assessments not less than once every 4 years in each subject tested as part of the National Assessment of Educational Progress in grades 4, 8, and 12 in public and private schools;
(C) report achievement data on a basis that ensures valid and reliable trend reporting;
(D) include information on special groups, including, whenever feasible, information collected, cross-tabulated, analyzed, and reported by sex, race or ethnicity and socioeconomic status;
(E) ensure that initial assessment results are reported to the public on a timely basis, but in no event later than 6 months after such assessments are administered;
(F) ensure that achievement data are made available on a timely basis following official reporting, in a manner that facilitates further analysis; and
(G) provide assistance to interested States that wish to compare their State assessments to the National Assessment of Educational Progress.
(A)(i) The National Assessment Governing Board, in carrying out the National Assessment of Educational Progress, may conduct State assessments of student achievement in grades 4, 8, and 12.
(ii) Each such State assessment, in each subject area and at each grade level, shall be conducted in a manner that will produce high-quality data that are valid and reliable.
(B)(i) A State wishing to participate in a State assessment shall enter into an agreement with the Board pursuant to subsection (e)(2).
(ii) Such agreement shall contain information sufficient to give States full information about the process for consensus decision making on objectives to be tested, and the standards for sampling, test administration, test security, data collection, validation, and reporting.
(C) A participating State shall review and give permission for the release of results from any test of its students administered as a part of a State assessment prior to the release of such data. Refusal by a State to release its data shall not restrict the release of data from other States that have approved the release of such data.
(3) PROHIBITED DATA- In carrying out the National Assessment of Educational Progress, the National Assessment Governing Board shall not collect any data that are not directly related to the appraisal of educational performance, achievement, and traditional demographic reporting variables, or to the fair and accurate presentation of such information.
(4) TECHNICAL ASSISTANCE- In carrying out the National Assessment of Educational Progress, the Board may provide technical assistance to States, localities, and other parties.
(1) PUBLIC ACCESS- Except as provided in paragraph (2), the public shall have access to all data, questions, and test instruments of the National Assessment of Educational Progress.
(2) PERSONALLY IDENTIFIABLE INFORMATION-
(A) The National Assessment Governing Board shall ensure that all personally identifiable information about students, their educational performance, and their families, and information with respect to individual schools, remains confidential, in accordance with section 552a of title 5, United States Code.
(B) The National Assessment Governing Board shall not maintain a system of records containing a student's name, birth information, social security number, or parent's name or names.
(C)(i) Notwithstanding any other provision of law, the National Assessment Governing Board may decline to make available to the public for a period, not to exceed 10 years after initial use, cognitive questions that the National Assessment Governing Board intends to reuse in the future.
(ii) Notwithstanding clause (i), the National Assessment Governing Board may decline to make available cognitive items for periods longer than 10 years if the Board determines that it is necessary to do so in order to protect the integrity of long-term trend data.
(1) LONG-TERM TREND ASSESSMENT AND NATIONAL ASSESSMENT- Participation in the long-term trend assessment and national assessment by State and local educational agencies shall be voluntary.
(2) STATE AMOUNT- Participation in assessments made on a State basis shall be voluntary. The National Assessment Governing Board shall enter into an agreement with any State that desires to carry out an assessment for the State under this subsection. Each such agreement shall contain provisions designed to ensure that the State--
(A) participates in the assessment; and
(B) pays from non-Federal sources the non-Federal share of such participation.
(A) For each fiscal year, the non-Federal share, for the purpose of paragraph (2)(B), shall be--
(i) the cost of conducting the assessment at the school level for all public schools in the State sample;
(ii) the cost of coordination within the State; and
(iii) other reasonable costs specified by the Board in the agreement described in paragraph (2), such as the cost of analyzing and reporting the data.
(B) The non-Federal share of payments under this paragraph may be in cash or in kind, fairly valued.
(C) The agreement described in paragraph (2) shall describe the manner in which the costs of administering the assessment to private nonprofit schools included in the State sample will be met.
(f) STUDENT PERFORMANCE LEVELS-
(1) PERFORMANCE LEVELS- The National Assessment Governing Board shall develop appropriate student performance levels for each grade in each subject area to be tested under the National Assessment of Educational Progress.
(2) DEVELOPMENT OF LEVELS-
(A) Such performance levels shall be--
(i) devised through a national consensus approach, providing for active participation of teachers, curriculum specialists, State boards of education, local school boards, local school administrators, parents, and concerned members of the general public;
(ii) used on a developmental basis until the Board determines, as the result of an independent evaluation under subsection (g), that such levels are reasonable, valid, and informative to the public; and
(iii) updated as appropriate.
(B) In using such levels on a developmental basis, the Board shall ensure that reports that use such levels do so in a manner that makes clear the developmental status of such levels.
(3) REPORTING- After determining that such levels are reasonable, valid, and informative to the public, as the result of an evaluation under subsection (f), the Board shall use such levels or other methods or indicators for reporting results of the National assessment and State assessments.
(g) REVIEW OF NATIONAL AND STATE ASSESSMENTS-
(A) The Director of the Academy shall provide for continuing review of the National assessment, State assessments, and student performance levels, by 1 or more nationally recognized evaluation organizations, such as the National Academy of Education and the National Academy of Sciences.
(B) Such continuing review shall address--
(i) whether each State assessment is properly administered, produces high-quality data that are valid and reliable, and produces data on student achievement that are not otherwise available to the State (other than data comparing participating States to each other and the Nation); and
(ii) whether developmental student performance levels are reasonable, valid, and informative to the public.
(2) REPORT- The Board shall report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, the President, and the Nation on the findings and recommendations of such reviews.
(3) USE OF FINDINGS AND RECOMMENDATIONS- The National Assessment Governing Board shall consider the findings and recommendations of such reviews in carrying out the National Assessment of Educational Progress.
(1) DEPARTMENT OF DEFENSE SCHOOLS- The National Assessment Governing Board and the Secretary of Defense may enter into an agreement, including such terms as are mutually satisfactory, to include in the National Assessment of Educational Progress elementary and secondary schools operated by the Department of Defense.
(2) BUREAU OF INDIAN AFFAIRS SCHOOLS- The National Assessment Governing Board and the Secretary of the Interior may enter into an agreement, including such terms as are mutually satisfactory, to include in the National Assessment of Educational Progress schools for Indian children operated or supported by the Bureau of Indian Affairs.
SEC. 253. PROHIBITION ON FEDERALLY SPONSORED TESTING.
(a) GENERAL PROHIBITION- Notwithstanding any other provision of Federal law and except as provided in subsection (b), no funds provided to the Department of Education, the National Assessment Governing Board, the Academy, or an applicable program may be used to carry out any activities related to any federally sponsored national test in reading, mathematics, or any other subject that is not specifically and explicitly provided for in authorizing legislation enacted into law.
(b) EXCEPTIONS- Subsection (a) shall not apply to the Third International Mathematics and Science Study or other international comparative assessments developed under the authority of section 225(a)(6) and administered to only a representative sample of pupils in the United States and in foreign nations.
(c) REPEAL OF AUTHORITY- Section 305(b) of title III of the Department of Labor, Health and Human Services and Education and Related Agencies Appropriations Act, 1999 of the Omnibus Consolidated and Emergency Supplemental Appropriations Act for 1999 (Public Law 105-277) relating to the authority of the National Assessment Governing Board over the direction and all policies and guidelines for developing voluntary national tests, is repealed.
TITLE III--ACTIVITIES WITHIN THE DEPARTMENT OF EDUCATION
SEC. 301. OFFICE OF PLANNING, PERFORMANCE MANAGEMENT, AND TECHNICAL ASSISTANCE.
Section 208 of the Department of Education Organization Act (20 U.S.C. 3419) is amended to read as follows:
`(a) IN GENERAL- There is established within the Department of Education an Office of Planning, Performance Measurement, and Technical Assistance, which shall be under the direction of a Director.
`(b) DUTIES OF OFFICE- The Director of the Office of Planning, Performance Measurement, and Technical Assistance shall be responsible for--
`(1) planning and measuring program performance described in subsection (c);
`(2) providing assistance to State educational agencies and local educational agencies in the development and maintenance of management information systems described in subsection (d); and
`(3) providing technical assistance and disseminating information described in subsections (e) and (f)
`(c) PLANNING AND PERFORMANCE- To assist with planning and implement a performance measurement system, the Director may, directly or through grants to, and contracts with, appropriate entities--
`(1) assess program goals under the Government Performance Results Act of 1993 (Public Law 103-62);
`(2) measure the quality of program administration;
`(3) conduct efforts to measure and improve data quality;
`(4) assess implementation quality;
`(5) assess process effectiveness and efficiency;
`(6) measure customer satisfaction;
`(7) collect participant outcomes;
`(8) obtain biennial updates of census data used under title I of the Elementary and Secondary Education Act of 1965; and
`(9) undertake activities in partnership with the States to develop information needed to inform program management and support continuous improvement at the State, school district, and school levels.
`(d) INTEGRATED PERFORMANCE AND BENCHMARKING SYSTEM- The Office may provide guidance and technical assistance to State educational agencies and local educational agencies in developing and maintaining management-information systems through which such an agency may develop program-performance indicators, collect data to measure performance against those indicators, and use the data to improve services and performance.
`(e) REGIONAL COMPREHENSIVE TECHNICAL ASSISTANCE AND REFORM INITIATIVES-
`(1) IN GENERAL- The Director shall--
`(A) establish, oversee, and coordinate a nationwide, regional network of entities authorized to provide comprehensive technical assistance and promote reform initiatives to States, local educational agencies, schools, tribes, community-based organizations, and other appropriate entities;
`(B) identify not more than 10 regional areas of the United States to make up such network, taking into consideration at a minimum, the geographic distribution of students assisted under title I of the Elementary and Secondary Education Act of 1965.
`(A) IN GENERAL- Each region referred to in paragraph (1)(B) shall be governed by a regional board which shall be convened by governors in the States represented by each region. Each such board shall consist of individuals broadly representative of the agencies and organizations serving the region, which at a minimum shall include--
`(i) representatives of State educational agencies;
`(ii) representatives of local educational agencies;
`(iii) representatives of higher educational agencies, including individuals representing schools of education, university-based education research, and university-based research in fields other than education;
`(v) practicing educators; and
`(vi) representatives of business.
`(B) PLAN- Each regional board shall--
`(i) develop 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 and needs of schools, charter schools, teachers, administrators, parents, local educational agencies, librarians, businesses, State educational agencies and other customers within the region;
`(ii) forward such plan to the Director of the National Academy for Education Research, Statistics, Evaluation, and Information and the Commissioner of Education Research to assist in making decisions regarding the national priorities within education research.
`(C) TECHNICAL ASSISTANCE- Based upon the plan described in subparagraph (B), each regional board shall carry out comprehensive technical assistance and reform initiatives, which, at a minimum, shall include--
`(i) the dissemination of research, information, products, and publications developed through or supported by the Department of Education or the National Academy for Education Research, Statistics, Evaluation, and Information to schools, educators, parents and policymakers throughout the United States, including, at a minimum, information related to the core academic areas of mathematics, science, reading, as well as education technology.
`(ii) training and technical assistance to States, local educational agencies, schools, charter schools, tribes, community-based organizations, and other appropriate entities, in areas which, at a minimum, shall include--
`(I) the administration and implementation of programs under the Elementary and Secondary Education Act of 1965;
`(II) assistance for the implementation of teaching methods and assessment tools based upon scientifically valid education research for use by students, teachers, and administrators, including, at a minimum, assistance related to the core academic areas including mathematics, science, reading, as well as education technology; and
`(III) the provision of education products based upon scientifically based education research in a usable form in order to promote school improvement and academic achievement and to correct educational deficiencies; and
`(iii) applied research projects designed to serve the particular needs of the region if quality applied research does not exist as determined by the regional board, and reflect findings from scientifically valid research resulting in user-friendly, replicable, classroom applications geared toward promoting increased student achievement.
`(D) INFORMATION- Information developed pursuant to the plan developed under subparagraph (B) shall be categorized by the level of research the program or practice has achieved through the classification systems established under section 204(c)(5) of the Scientifically Based Education Research, Statistics, Evaluation, and Information act of 2000.
`(i) IN GENERAL- To carry out the activities described in subparagraph (C), each regional board may provide grants or enter into contracts or cooperative agreements, each of which shall be on a competitive basis, with private or public, for profit, or nonprofit research organizations, institutions, agencies, institutions of higher education, individuals, or partnerships among such entities, with the demonstrated ability or capacity to carry out the duties under this subsection, including entities that carried out, on the day preceding the date of the enactment of the Scientifically Based Education Research, Statistics, Evaluation, and Information Act, activities under--
`(I) part A of title XIII of the Elementary and Secondary Education Act of 1965, Comprehensive Regional Assistance Centers;
`(II) part C of title XIII of the Elementary and Secondary Education Act of 1965, Eisenhower Regional Mathematics and Science Education Consortia;
`(III) part D of title XIII of the Elementary and Secondary Education Act of 1965, Technology-Based Technical Assistance;
`(IV) section 931(c)(1)(B) of Goals 2000, Educate America Act, National Research and Development Centers; and
`(V) section 941(h) of Goals 2000, Educate America Act, Regional Educational Laboratories for Research, Development, Dissemination, and Technical Assistance;
`(ii) OBJECTIVES AND INDICATORS- Prior to making a grant under subparagraph (E), the board shall design specific objectives and measurable indicators to be used to assess the particular program or initiatives and ongoing progress and performance to ensure the 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;
`(F) PRIORITY- In carrying out activities under this section, each regional board shall give priority to--
`(i) schools participating in schoolwide programs under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.);
`(ii) schools with high percentages of students from families with members eligible for free or reduced price lunches under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and
`(iii) schools in rural areas with high levels of poverty.
`(G) OTHER DUTIES- Each regional board also shall--
`(i) leverage funds from public and private sources to enable expansion and continuous improvement of its activities; and
`(ii) ensure its activities meet the applicable standards of quality and the needs of the region;
`(iii) establish such governance, organization, management, administration, and employ such qualified staff as it considers appropriate to carry out its activities.
`(A) IN GENERAL- From funds made available under section 302(2), the Secretary shall provide each regional board submitting an application under subparagraph (B), an amount of funding equal, or in proportion to, the level of funding received by such region or similar region, under prior regional assistance programs as described under paragraph (2)(E)(i), of which not more than 7 percent shall be used for indirect costs using generally accepted accounting principles.
`(B) APPLICATION- Each regional board seeking funds under this section shall submit an application which shall--
`(i) describe how the board will carry out the activities in accordance with this paragraph; and
`(ii) contain such additional information as the Secretary may reasonably require.
`(4) COORDINATION- In order to assure coordination and prevent unnecessary duplication of activities among the regions, the Director shall establish and maintain a system to--
`(A) share information about the activities of each region;
`(B) plan joint activities that meet the needs of multiple regions;
`(C) create a strategic plan for the development of activities undertaken by the each region to reduce redundancy and increase collaboration and resource-sharing in such activities; and
`(D) devise means by which the work of the individual regions serve national, as well as regional education needs.
`(5) EVALUATION- The Director shall provide for ongoing independent evaluations of the regions in carrying out the duties of this subsection, the results of which shall be transmitted to the relevant committees of Congress and the National Board for Education Research, Statistics, Evaluation, and Information.
`(f) SCHOOL-BASED CUSTOMER DRIVEN TECHNICAL ASSISTANCE-
`(1) RESERVATION- From funds made available under section 302(2), for any fiscal year, the Secretary shall award grants to States on a competitive basis consistent with this subsection.
`(2) STATE APPLICATION- Each State desiring a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and containing such information the Secretary may require. Each such application shall describe how--
`(A) the State shall give priority to local educational agencies and schools--
`(i) participating in schoolwide programs under title I of the Elementary and Secondary Education Act of 1965;
`(ii) with high percentages of students from families with members eligible for free or reduced price lunches under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and
`(iii) in rural areas with high levels of poverty;
`(B) help educators become better consumers of education research by assisting them in evaluating the quality of research;
`(C) the State shall ensure that activities are coordinated with the services available under the National Education Library and Clearinghouse Office and the regional boards established in subsection (b); and
`(D) assist schools in evaluating education services to ensure they are cost-effective and reflect the best information available for research and practice based upon scientifically valid research;
`(A) IN GENERAL- Each State that receives a grant under this subsection shall use not less than 95 percent of such funds to award grants on a competitive basis to local educational agencies to provide such agencies with the opportunity to choose technical assistance from high quality providers able to meet the particular needs of such agency with a priority for local educational agencies with a high percentage of students from families with members eligible for free or reduced price lunches under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).
`(B) LOCAL APPLICATION- Each local educational agency that desires a grant under this subsection shall submit an application to the State at such time, in such manner, and containing such information as the Secretary may require. Each application shall describe--
`(i) the local educational agency's need for technical assistance; and
`(ii) how the local educational agency will use funds provided under this subsection to coordinate all its various sources of funds for technical assistance into an integrated system for acquiring and using outside technical assistance and other means of building its own capacity to provide the opportunity for all children to achieve to challenging State academic content standards.
`(C) LOCAL USES OF FUNDS- Each local educational agency receiving funds under this subsection may use such funds to--
`(i) build capacity to use technical assistance funds provided under this subsection effectively through the acquisition of technical assistance based upon scientifically valid education research.
`(ii) develop, coordinate, and implement an integrated system of providing technical assistance to its schools using all available sources of funds provided for technical assistance; and
`(iii) acquire the technical assistance the agency needs to increase opportunities for all children to achieve to challenging State academic content standards.'.
SEC. 302. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title, $122,393,000 for fiscal year 2002, and such sum as may be necessary for each of the 4 subsequent fiscal years, of which--
(1) $4,390,000 shall be available to carry out subsections (c) and (d) of section 301, in addition to any other funds made available by the Secretary; and
(2) $118,000,000 shall be available to carry out subsections (e) and (f) of section 301, of which not less than 10 percent shall be for subsection (f).
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. TRANSITION PROVISIONS.
(a) AUTHORITY- The Director of the Office of Management and Budget shall determine and take appropriate measures to ensure an orderly transition of the activities described in this Act previously administered through the Department of Education and transferred under this Act.
(b) ASSETS- Except as otherwise provided in this Act, so much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with a function transferred to an official or agency by this Act shall be available to the official or the head of that agency, respectively, at such time or times as the Director of the Office of Management and Budget directs for use in connection with the functions transferred.
(1) DETERMINATIONS- If necessary, the Director shall make any determination of the functions that are transferred under this Act.
(2) INCIDENTAL TRANSFERS- The Director, at such time or times as the Director shall provide, may make such determinations as may be necessary with regard to the functions transferred by this Act, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this Act. The Director shall provide for the termination of the affairs of all entities terminated by this Act and for such further measures and dispositions as may be necessary to effectuate the purposes of this Act.
(d) DEFINITION- For purposes of this title, the term `Director' means the Director of the Office of Management and Budget.
SEC. 402. REPEALS.
(a) EDUCATIONAL RESEARCH AND IMPROVEMENT-
(1) IN GENERAL- The Educational Research, Development, Dissemination, and Improvement Act of 1994 (20 U.S.C. 6001 et seq.) is repealed.
(2) CONFORMING AMENDMENTS- (A) Section 202(b) of the Department of Education Organization Act (20 U.S.C. 3412(b)) is amended by striking paragraph (3).
(B) The Department of Education Organization Act (20 U.S.C. 3401 et seq.) is amended--
(i) by striking section 208; and
(ii) in section 1 in the table of contents, by striking the item relating to section 208.
(C) Section 1(b) of the Goals 2000: Educate America Act (20 U.S.C. 5801 et seq.) is amended in the table of contents by striking the items relating to parts A through E of title IX.
(D) Title XIII of the Goals 2000: Educate America Act is repealed.
(b) FEDERAL EVALUATIONS, DEMONSTRATIONS, AND TRANSITION PROJECTS-
(1) IN GENERAL- Part E of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6491 et seq.) is repealed.
(2) CONFORMING AMENDMENT- Section 1002 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6302) is amended by striking subsection (g).
(c) NATIONAL EDUCATION STATISTICS-
(1) IN GENERAL- The National Education Statistics Act of 1994 (title IV of the Improving America's Schools Act of 1994; 20 U.S.C. 9001 et seq.) is repealed.
(2) CONFORMING AMENDMENTS- (A) Section 5315 of title 5, United States Code, is amended by striking the following:
`Commissioner, National Center for Education Statistics.'.
(B) Section 447(b) of the General Education Provisions Act (20 U.S.C. 1232j) is amended by striking `section 404(a)(6) of the National Education Statistics Act of 1994' and inserting `section 225(a)(6) of the Scientifically Based Education Research, Statistics, Evaluation, and Information Act of 2000'.
(C) Section 5307 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7267) is repealed.
END