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20 U.S.C. § 9573 — Prohibitions
Federal law — U.S. Code and appendices · legal_authorities
**(a) National database** Nothing in this subchapter may be construed to authorize the establishment of a nationwide database of individually identifiable information on individuals involved in studies or other collections of data under this subchapter.
**(b) Federal Government and use of Federal funds** Nothing in this subchapter may be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control the curriculum, program of instruction, or allocation of State or local resources of a State, local educational agency, or school, or to mandate a State, or any subdivision thereof, to spend any funds or incur any costs not provided for under this subchapter.
**(c) Endorsement of curriculum** Notwithstanding any other provision of Federal law, no funds provided under this subchapter to the Institute, including any office, board, committee, or center of the Institute, may be used by the Institute to endorse, approve, or sanction any curriculum designed to be used in an elementary school or secondary school.
**(d) Federally sponsored testing**
(1) **In general** — Subject to paragraph (2), no funds provided under this subchapter to the Secretary or to the recipient of any award may be used to develop, pilot test, field test, implement, administer, or distribute any federally sponsored national test in reading, mathematics, or any other subject, unless specifically and explicitly authorized by law.
(2) **Exceptions** — Subsection (a) shall not apply to international comparative assessments developed under the authority of [section 9543(a)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9543/a/6&num=0&edition=prelim) or [section 9003(a)(6) of this title](https://uscode.house.gov/view.xhtml
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Source file: Laws/federal/codes/united-states-code/title-20/section-9573-prohibitions--7baacbd8cf.md
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Source location: Title 20, Chapter 76, § 9573; chapter-076-education-research-statistics-evaluation-information-and-dissemination.md
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**(a) National database** Nothing in this subchapter may be construed to authorize the establishment of a nationwide database of individually identifiable information on individuals involved in studies or other collections of data under this subchapter.
**(b) Federal Government and use of Federal funds** Nothing in this subchapter may be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control the curriculum, program of instruction, or allocation of State or local resources of a State, local educational agency, or school, or to mandate a State, or any subdivision thereof, to spend any funds or incur any costs not provided for under this subchapter.
**(c) Endorsement of curriculum** Notwithstanding any other provision of Federal law, no funds provided under this subchapter to the Institute, including any office, board, committee, or center of the Institute, may be used by the Institute to endorse, approve, or sanction any curriculum designed to be used in an elementary school or secondary school.
**(d) Federally sponsored testing**
(1) **In general** — Subject to paragraph (2), no funds provided under this subchapter to the Secretary or to the recipient of any award may be used to develop, pilot test, field test, implement, administer, or distribute any federally sponsored national test in reading, mathematics, or any other subject, unless specifically and explicitly authorized by law.
(2) **Exceptions** — Subsection (a) shall not apply to international comparative assessments developed under the authority of [section 9543(a)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9543/a/6&num=0&edition=prelim) or [section 9003(a)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9003/a/6&num=0&edition=prelim) (as such section was in effect on the day before November 5, 2002) and administered to only a representative sample of pupils in the United States and in foreign nations.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 9001, Pub. L. 103–382, title IV, § 402, Oct. 20, 1994, 108 Stat. 4029; Pub. L. 105–244, title I, § 102(a)(6)(L), Oct. 7, 1998, 112 Stat. 1619; Pub. L. 107–110, title X, § 1076(r), Jan. 8, 2002, 115 Stat. 2092, set forth findings and purpose and defined terms.
Section 9002, Pub. L. 103–382, title IV, § 403, Oct. 20, 1994, 108 Stat. 4030, established National Center for Education Statistics, to be headed by Commissioner of Education Statistics. See sections 9541 and 9542 of this title.
Section 9003, Pub. L. 103–382, title IV, § 404, Oct. 20, 1994, 108 Stat. 4031, set forth duties of Center. See [section 9543 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9543&num=0&edition=prelim).
Section 9004, Pub. L. 103–382, title IV, § 405, Oct. 20, 1994, 108 Stat. 4032, related to performance of duties. See [section 9544 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9544&num=0&edition=prelim).
Section 9005, Pub. L. 103–382, title IV, § 406, Oct. 20, 1994, 108 Stat. 4033, related to reports. See [section 9545 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9545&num=0&edition=prelim).
Section 9006, Pub. L. 103–382, title IV, § 407, Oct. 20, 1994, 108 Stat. 4033, established Advisory Council on Education Statistics.
Section 9007, Pub. L. 103–382, title IV, § 408, Oct. 20, 1994, 108 Stat. 4034; Pub. L. 107–56, title V, § 508, Oct. 26, 2001, 115 Stat. 368; Pub. L. 107–279, title IV, § 401(a), Nov. 5, 2002, 116 Stat. 1982, related to confidentiality of persons in collection, reporting, and publication of data. See [section 9573 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9573&nu
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 9001 to 9009
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Appointment** Except as provided in subsection (b)(2), the President, by and with the advice and consent of the Senate, shall appoint the Director of the Institute.
**(b) Term**
(1) **In general** — The Director shall serve for a term of 6 years, beginning on the date of appointment of the Director.
(2) **First Director** — The President, without the advice and consent of the Senate, may appoint the Assistant Secretary for the Office of Educational Research and Improvement (as such office existed on the day before November 5, 2002) to serve as the first Director of the Institute.
(3) **Subsequent Directors** — The Board may make recommendations to the President with respect to the appointment of a Director under subsection (a), other than a Director appointed under paragraph (2).
**(c) Pay** The Director shall receive the rate of basic pay for level II of the Executive Schedule.
**(d) Qualifications** The Director shall be selected from individuals who are highly qualified authorities in the fields of scientifically valid research, statistics, or evaluation in education, as well as management within such areas, and have a demonstrated capacity for sustained productivity and leadership in these areas.
**(e) Administration** The Director shall—
(1) administer, oversee, and coordinate the activities carried out under the Institute, including the activities of the National Education Centers; and
(2) coordinate and approve budgets and operating plans for each of the National Education Centers for submission to the Secretary.
**(f) Duties** The duties of the Director shall include the following:
(1) To propose to the Board priorities for the Institute, in accordance with [section 9515(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-pre
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 9515
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General duties** The Statistics Center shall collect, report, analyze, and disseminate statistical data related to education in the United States and in other nations, including—
(1) collecting, acquiring, compiling (where appropriate, on a State-by-State basis), and disseminating full and complete statistics (disaggregated by the population characteristics described in paragraph (3)) on the condition and progress of education, at the preschool, elementary, secondary, postsecondary, and adult levels in the United States, including data on—
(A) State and local education reform activities;
(B) State and local early childhood school readiness activities;
(C) student achievement in, at a minimum, the core academic areas of reading, mathematics, and science at all levels of education;
(D) secondary school completions, dropouts, and adult literacy and reading skills;
(E) access to, and opportunity for, postsecondary education, including data on financial aid to postsecondary students;
(F) teaching, including—
(i) data on in-service professional development, including a comparison of courses taken in the core academic areas of reading, mathematics, and science with courses in noncore academic areas, including technology courses; and
(ii) the percentage of teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in [section 1412(a)(14)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1412/a/14/C&num=0&edition=prelim).11 So in original. The period probably should not appear. in each State and, where feasi
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 9544
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General requests**
(1) **In general** — The Statistics Center may furnish transcripts or copies of tables and other statistical records and make special statistical compilations and surveys for State and local officials, public and private organizations, and individuals.
(2) **Compilations** — The Statistics Center shall provide State educational agencies, local educational agencies, and institutions of higher education with opportunities to suggest the establishment of particular compilations of statistics, surveys, and analyses that will assist those educational agencies.
**(b) Congressional requests** The Statistics Center shall furnish such special statistical compilations and surveys as the relevant congressional committees may request.
**(c) Joint statistical projects** The Statistics Center may engage in joint statistical projects related to the mission of the Center, or other statistical purposes authorized by law, with nonprofit organizations or agencies, and the cost of such projects shall be shared equitably as determined by the Secretary.
**(d) Fees**
(1) **In general** — Statistical compilations and surveys under this section, other than those carried out pursuant to subsections (b) and (c), may be made subject to the payment of the actual or estimated cost of such work.
(2) **Funds received** — All funds received in payment for work or services described in this subsection may be used to pay directly the costs of such work or services, to repay appropriations that initially bore all or part of such costs, or to refund excess sums when necessary.
**(e) Access**
(1) **Other agencies** — The Statistics Center shall, consistent with [section 9573 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9573&num=
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 9547
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Federal law — U.S. Code and appendices · legal_authorities
Subject to [section 9573 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9573&num=0&edition=prelim), data collected by the Institute, including any office, board, committee, or center of the Institute, in carrying out the priorities and mission of the Institute, shall be made available to the public, including through use of the Internet.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 9575
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grants authorized** The Secretary is authorized to award grants, on a competitive basis, to State educational agencies to enable such agencies to design, develop, and implement statewide, longitudinal data systems to efficiently and accurately manage, analyze, disaggregate, and use individual student data, consistent with the Elementary and Secondary Education Act of 1965 ([20 U.S.C. 6301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6301&num=0&edition=prelim) et seq.).
**(b) Applications** Each State educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.
**(c) Awarding of grants** In awarding grants under this section, the Secretary shall use a peer review process that—
(1) ensures technical quality (including validity and reliability), promotes linkages across States, and protects student privacy consistent with [section 9573 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9573&num=0&edition=prelim);
(2) promotes the generation and accurate and timely use of data that is needed—
(A) for States and local educational agencies to comply with the Elementary and Secondary Education Act of 1965 ([20 U.S.C. 6301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6301&num=0&edition=prelim) et seq.) and other reporting requirements and close achievement gaps; and
(B) to facilitate research to improve student academic achievement and close achievement gaps; and
(3) gives priority to applications that meet the voluntary standards and guidelines described in [section 9543(a)(5) of this title](https://uscode.house.go
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 9607
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Federal law — U.S. Code and appendices · legal_authorities
Page 1724
TITLE 20—EDUCATION
§ 9571
(2) Eligible applicants
Activities carried out under this subsection
through contracts, grants, or cooperative
agreements shall be carried out only by recipi-
ents with the ability and capacity to conduct
scientifically valid research.
(3) Applications
An eligible applicant that wishes to receive
a grant, or enter into a contract or coopera-
tive agreement, under this section shall sub-
mit an application to the Director at such
time, in such manner, and containing such in-
formation as the Director may require.
(e) Dissemination
The Special Education Research Center shall—
(1) synthesize and disseminate, through the
National Center for Education Evaluation and
Regional Assistance, the findings and results
of special education research conducted or
supported by the Special Education Research
Center; and
(2) assist the Director in the preparation of
a biennial report, as described in section 9519
of this title.
(f) Authorization of appropriations
There are authorized to be appropriated to
carry out this part such sums as may be nec-
essary for each of fiscal years 2005 through 2010.
(Pub. L. 107–279, title I, § 177, as added Pub. L.
108–446, title II, § 201(a)(2), Dec. 3, 2004, 118 Stat.
2800.)
Editorial Notes
REFERENCES IN TEXT
The Individuals with Disabilities Education Act, re-
ferred to in subsecs. (a)(1) and (c)(3), is title VI of Pub.
L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified
generally to chapter 33 (§ 1400 et seq.) of this title. For
complete classification of this Act to the Code, see sec-
tion 1400 of this title and Tables.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 108–446, title III, § 302(c), Dec. 3, 2004, 118 Stat.
2803, provided that:
‘‘(1) NATIONAL
C
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 9573
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