20 U.S.C. § 9621 — National Assessment Governing Board

Page 1733 TITLE 20—EDUCATION § 9621 State or local funds used for developing State data systems. (e) Report Not later than 1 year after November 5, 2002, and again 3 years after such date, the Secretary, in consultation with the National Academies Committee on National Statistics, shall make publicly available a report on the implementa- tion and effectiveness of Federal, State, and local efforts related to the goals of this section, including— (1) identifying and analyzing State practices regarding the development and use of state- wide, longitudinal data systems; (2) evaluating the ability of such systems to manage individual student data consistent with the Elementary and Secondary Edu- cation Act of 1965 (20 U.S.C. 6301 et seq.), pro- mote linkages across States, and protect stu- dent privacy consistent with section 9573 of this title; and (3) identifying best practices and areas for improvement. (Pub. L. 107–279, title II, § 208, Nov. 5, 2002, 116 Stat. 1981.) Editorial Notes REFERENCES IN TEXT The Elementary and Secondary Education Act of 1965, referred to in subsecs. (a), (c)(2)(A), and (e)(2), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, which is classi- fied generally to chapter 70 (§ 6301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables. § 9608. Authorization of appropriations There are authorized to be appropriated to carry out this subchapter $80,000,000 for fiscal year 2003 and such sums as may be necessary for each of the 5 succeeding fiscal years. (Pub. L. 107–279, title II, § 209, Nov. 5, 2002, 116 Stat. 1982.) SUBCHAPTER III—NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS § 9621. National Assessment Governing Board (a) Establishment There is established the National Assessment Governing Board (hereafter in this subchapter referred to as the ‘‘Assessment Board’’), which shall formulate policy guidelines for the Na- tional Assessment (carried out under section 9622 of this title). (b) Membership (1) Appointment and composition The Assessment Board shall be appointed by the Secretary and be composed as follows: (A) Two Governors, or former Governors, who shall not be members of the same polit- ical party. (B) Two State legislators, who shall not be members of the same political party. (C) Two chief State school officers. (D) One superintendent of a local edu- cational agency. (E) One member of a State board of edu- cation. (F) One member of a local board of edu- cation. (G) Three classroom teachers representing the grade levels at which the National As- sessment is conducted. (H) One representative of business or in- dustry. (I) Two curriculum specialists. (J) Three testing and measurement ex- perts, who shall have training and experi- ence in the field of testing and measure- ment. (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. (M) Two parents who are not employed by a local, State or Federal educational agency. (N) Two additional members who are rep- resentatives of the general public, and who may be parents, but who are not employed by a local, State, or Federal educational agency. (2) Director of the Institute of Education Sciences The Director of the Institute of Education Sciences shall serve as an ex officio, nonvoting member of the Assessment Board. (3) Balance and diversity The Secretary and the Assessment Board shall ensure at all times that the membership of the Assessment Board reflects regional, ra- cial, gender, and cultural balance and diver- sity and that the Assessment Board exercises its independent judgment, free from inappro- priate influences and special interests. (c) Terms (1) In general Terms of service of members of the Assess- ment Board shall be staggered and may not exceed a period of 4 years, as determined by the Secretary. (2) Service limitation Members of the Assessment Board may serve not more than two terms. (3) Change of status A member of the Assessment Board who changes status under subsection (b) during the term of the appointment of the member may continue to serve as a member until the expi- ration of such term. (4) Conforming provision Members of the Assessment Board pre- viously granted 3 year terms, whose terms are in effect on December 21, 2000, shall have their terms extended by 1 year. (d) Vacancies (1) In general (A) Organizations The Secretary shall appoint new members to fill vacancies on the Assessment Board from among individuals who are nominated Page 1734 TITLE 20—EDUCATION § 9621 by organizations representing the type of in- dividuals described in subsection (b)(1) with respect to which the vacancy exists. (B) Nominations Each organization submitting nominations to the Secretary with respect to a particular vacancy shall nominate for such vacancy six individuals who are qualified by experience or training to fill the particular Assessment Board vacancy. (C) Maintenance of Assessment Board The Secretary’s appointments shall main- tain the composition, diversity, and balance of the Assessment Board required under sub- section (b). (2) Additional nominations The Secretary may request that each orga- nization described in paragraph (1)(A) submit additional nominations if the Secretary deter- mines that none of the individuals nominated by such organization have appropriate knowl- edge or expertise. (e) Duties (1) In general In carrying out its functions under this sec- tion the Assessment Board shall— (A) select the subject areas to be assessed (consistent with section 9622(b) of this title); (B) develop appropriate student achieve- ment levels as provided in section 9622(e) of this title; (C) develop assessment objectives con- sistent with the requirements of this section and test specifications that produce an as- sessment that is valid and reliable, and are based on relevant widely accepted profes- sional standards; (D) develop a process for review of the as- sessment which includes the active partici- pation of teachers, curriculum specialists, local school administrators, parents, and concerned members of the public; (E) design the methodology of the assess- ment to ensure that assessment items are valid and reliable, in consultation with ap- propriate technical experts in measurement and assessment, content and subject matter, sampling, and other technical experts who engage in large scale surveys; (F) consistent with section 9622 of this title, measure student academic achieve- ment in grades 4, 8, and 12 in the authorized academic subjects; (G) develop guidelines for reporting and disseminating results; (H) develop standards and procedures for regional and national comparisons; (I) take appropriate actions needed to im- prove the form, content, use, and reporting of results of any assessment authorized by section 9622 of this title consistent with the provisions of this section and section 9622 of this title; and (J) plan and execute the initial public re- lease of National Assessment of Educational Progress reports. The National Assessment of Educational Progress data shall not be released prior to the release of the reports described in subpara- graph (J). (2) Delegation The Assessment Board may delegate any of the Board’s procedural and administrative functions to its staff. (3) All cognitive and noncognitive assessment items The Assessment Board shall have final au- thority on the appropriateness of all assess- ment items. (4) Prohibition against bias The Assessment Board shall take steps to ensure that all items selected for use in the National Assessment are free from racial, cul- tural, gender, or regional bias and are secular, neutral, and non-ideological. (5) Technical In carrying out the duties required by para- graph (1), the Assessment Board may seek technical advice, as appropriate, from the Commissioner for Education Statistics and other experts. (6) Report Not later than 90 days after an evaluation of the student achievement levels under section 9622(e) of this title, the Assessment Board shall make a report to the Secretary, the Committee on Education and the Workforce of the House of Representatives, and the Com- mittee on Health, Education, Labor, and Pen- sions of the Senate describing the steps the Assessment Board is taking to respond to each of the recommendations contained in such evaluation. (f) Personnel (1) In general In the exercise of its responsibilities, the As- sessment Board shall be independent of the Secretary and the other offices and officers of the Department. (2) Staff (A) In general The Secretary may appoint, at the request of the Assessment Board, such staff as will enable the Assessment Board to carry out its responsibilities. (B) Technical employees Such appointments may include, for terms not to exceed 3 years and without regard to the provisions of title 5 governing appoint- ments in the competitive service, not more than six 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 Gen- eral Schedule pay rates. (g) Coordination The Commissioner for Education Statistics and the Assessment Board shall meet periodi- cally— (1) to ensure coordination of their duties and activities relating to the National Assess- ment; and Page 1735 TITLE 20—EDUCATION § 9622 (2) for the Commissioner for Education Sta- tistics to report to the Assessment Board on the Department’s actions to implement the decisions of the Assessment Board. (h) Administration Chapter 10 of title 5 shall not apply with re- spect to the Assessment Board, other than sec- tions 1009, 1010, and 1011 of title 5. (Pub. L. 107–279, title III, § 302, formerly Pub. L. 103–382, title IV, § 412, Oct. 20, 1994, 108 Stat. 4039; Pub. L. 106–554, § 1(a)(1) [title III, § 307], Dec. 21, 2000, 114 Stat. 2763, 2763A–44; Pub. L. 107–110, title VI, § 602(b), Jan. 8, 2002, 115 Stat. 1904; renum- bered Pub. L. 107–279, title III, § 302, and amended Pub. L. 107–279, title IV, § 401(c), Nov. 5, 2002, 116 Stat. 1983; Pub. L. 117–286, § 4(a)(154), Dec. 27, 2022, 136 Stat. 4322.) Editorial Notes CODIFICATION Section was formerly classified to section 9011 of this title prior to renumbering by Pub. L. 107–279. PRIOR PROVISIONS A prior section 302 of Pub. L. 107–279 was renumbered section 304 and is classified to section 9623 of this title. AMENDMENTS 2022—Subsec. (h). Pub. L. 117–286 substituted ‘‘Chap- ter 10 of title 5 shall not apply with respect to the As- sessment Board, other than sections 1009, 1010, and 1011 of title 5.’’ for ‘‘The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Assess- ment Board, other than sections 10, 11, and 12 of such Act.’’ 2002—Pub. L. 107–110 amended section generally, re- stating and expanding provisions and inserting head- ings. Subsec. (a). Pub. L. 107–279, § 401(c)(1), substituted ‘‘referred to as the ‘Assessment Board’ ’’ for ‘‘referred to as the ‘Board’ ’’ and inserted ‘‘(carried out under sec- tion 9622 of this title)’’ after ‘‘for the National Assess- ment’’. Subsec. (b)(1). Pub. L. 107–279, § 401(c)(2), substituted ‘‘Assessment Board’’ for ‘‘Board’’ in introductory provi- sions. Subsec. (b)(2). Pub. L. 107–279, § 401(c)(4), substituted ‘‘Director of the Institute of Education Sciences’’ for ‘‘Assistant Secretary for Educational Research’’ in heading and ‘‘Assistant Secretary for Educational Re- search and Improvement’’ in text. Pub. L. 107–279, § 401(c)(2), substituted ‘‘Assessment Board’’ for ‘‘Board’’. Subsecs. (b)(3) to (d)(1). Pub. L. 107–279, § 401(c)(2), sub- stituted ‘‘Assessment Board’’ for ‘‘Board’’ wherever ap- pearing. Subsec. (e)(1). Pub. L. 107–279, § 401(c)(2), (5)(A)(vii), substituted ‘‘Assessment Board’’ for ‘‘Board’’ in intro- ductory provisions and inserted concluding provisions. Subsec. (e)(1)(A). Pub. L. 107–279, § 401(c)(5)(A)(i), sub- stituted ‘‘section 9622(b)’’ for ‘‘section 9010(b)’’. Subsec. (e)(1)(B). Pub. L. 107–279, § 401(c)(5)(A)(ii), sub- stituted ‘‘section 9622(e)’’ for ‘‘section 9010(e)’’. Subsec. (e)(1)(E). Pub. L. 107–279, § 401(c)(5)(A)(iii), struck out ‘‘, including the Advisory Council estab- lished under section 9006 of this title’’ before semicolon at end. Subsec. (e)(1)(F), (I). Pub. L. 107–279, § 401(c)(5)(A)(iv), substituted ‘‘section 9622’’ for ‘‘section 9010’’ wherever appearing. Subsec. (e)(1)(J). Pub. L. 107–279, § 401(c)(5)(A)(v)–(vii), added subpar. (J). Subsec. (e)(2) to (4). Pub. L. 107–279, § 401(c)(2), sub- stituted ‘‘Assessment Board’’ for ‘‘Board’’. Subsec. (e)(5). Pub. L. 107–279, § 401(c)(5)(B), struck out ‘‘and the Advisory Council on Education Statistics’’ be- fore ‘‘and other experts.’’ Pub. L. 107–279, § 401(c)(3), substituted ‘‘Commissioner for Education Statistics’’ for ‘‘Commissioner’’. Pub. L. 107–279, § 401(c)(2), substituted ‘‘Assessment Board’’ for ‘‘Board’’. Subsec. (e)(6). Pub. L. 107–279, § 401(c)(5)(C), sub- stituted ‘‘section 9622(e)’’ for ‘‘section 9010(e)’’. Pub. L. 107–279, § 401(c)(2), substituted ‘‘Assessment Board’’ for ‘‘Board’’ in two places. Subsec. (f). Pub. L. 107–279, § 401(c)(2), substituted ‘‘Assessment Board’’ for ‘‘Board’’ wherever appearing. Subsec. (g). Pub. L. 107–279, § 401(c)(3), substituted ‘‘Commissioner for Education Statistics’’ for ‘‘Commis- sioner’’ in two places. Pub. L. 107–279, § 401(c)(2), substituted ‘‘Assessment Board’’ for ‘‘Board’’ wherever appearing. Subsec. (h). Pub. L. 107–279, § 401(c)(2), substituted ‘‘Assessment Board’’ for ‘‘Board’’. 2000—Subsec. (c)(1). Pub. L. 106–554, § 1(a)(1) [title III, § 307(1)], substituted ‘‘4 years’’ for ‘‘3 years’’. Subsec. (c)(4). Pub. L. 106–554, § 1(a)(1) [title III, § 307(2)], added par. (4). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under sec- tion 6301 of this title. SHORT TITLE This subchapter is known as the ‘‘National Assess- ment of Educational Progress Authorization Act’’, see Short Title note set out under section 9501 of this title. § 9622. National Assessment of Educational Progress (a) Establishment The Commissioner for Education Statistics shall, with the advice of the Assessment Board established under section 9621 of this title, carry out, through grants, contracts, or cooperative agreements with one or more qualified organiza- tions, or consortia thereof, a National Assess- ment of Educational Progress, which collec- tively refers to a national assessment, State as- sessments, and a long-term trend assessment in reading and mathematics. (b) Purpose; State assessments (1) Purpose The purpose of this section is to provide, in a timely manner, a fair and accurate measure- ment of student academic achievement and re- porting of trends in such achievement in read- ing, mathematics, and other subject matter as specified in this section. (2) Measurement and reporting The Commissioner for Education Statistics, in carrying out the measurement and report- ing described in paragraph (1), shall— (A) use a random sampling process which is consistent with relevant, widely accepted professional assessment standards and that produces data that are representative on a national and regional basis; (B) conduct a national assessment and col- lect and report assessment data, including achievement data trends, in a valid and reli-