20 U.S.C. § 9567b — Duties

Page 1723 TITLE 20—EDUCATION § 9567b complete classification of this Act to the Code, see sec- tion 1400 of this title and Tables. § 9567a. Commissioner for Special Education Re- search The Special Education Research Center shall be headed by a Commissioner for Special Edu- cation Research (in this part referred to as the ‘‘Special Education Research Commissioner’’) who shall have substantial knowledge of the Special Education Research Center’s activities, including a high level of expertise in the fields of research, research management, and the edu- cation of children with disabilities. (Pub. L. 107–279, title I, § 176, as added Pub. L. 108–446, title II, § 201(a)(2), Dec. 3, 2004, 118 Stat. 2799.) § 9567b. Duties (a) General duties The Special Education Research Center shall carry out research activities under this part consistent with the mission described in section 9567(b) of this title, such as activities that— (1) improve services provided under the Indi- viduals with Disabilities Education Act [20 U.S.C. 1400 et seq.] in order to improve— (A) academic achievement, functional out- comes, and educational results for children with disabilities; and (B) developmental outcomes for infants or toddlers with disabilities; (2) identify scientifically based educational practices that support learning and improve academic achievement, functional outcomes, and educational results for all students with disabilities; (3) examine the special needs of preschool aged children, infants, and toddlers with dis- abilities, including factors that may result in developmental delays; (4) identify scientifically based related serv- ices and interventions that promote participa- tion and progress in the general education cur- riculum and general education settings; (5) improve the alignment, compatibility, and development of valid and reliable assess- ments, including alternate assessments, as re- quired by section 6311(b) of this title; (6) examine State content standards and al- ternate assessments for students with signifi- cant cognitive impairment in terms of aca- demic achievement, individualized instruc- tional need, appropriate education settings, and improved post-school results; (7) examine the educational, developmental, and transitional needs of children with high incidence and low incidence disabilities; (8) examine the extent to which overidenti- fication and underidentification of children with disabilities occurs, and the causes there- of; (9) improve reading and literacy skills of children with disabilities; (10) examine and improve secondary and postsecondary education and transitional out- comes and results for children with disabil- ities; (11) examine methods of early intervention for children with disabilities, including chil- dren with multiple or complex developmental delays; (12) examine and incorporate universal de- sign concepts in the development of standards, assessments, curricula, and instructional methods to improve educational and transi- tional results for children with disabilities; (13) improve the preparation of personnel, including early intervention personnel, who provide educational and related services to children with disabilities to increase the aca- demic achievement and functional perform- ance of students with disabilities; (14) examine the excess costs of educating a child with a disability and expenses associated with high cost special education and related services; (15) help parents improve educational results for their children, particularly related to tran- sition issues; (16) address the unique needs of children with significant cognitive disabilities; and (17) examine the special needs of limited English proficient children with disabilities. (b) Standards The Special Education Research Commis- sioner shall ensure that activities assisted under this section— (1) conform to high standards of quality, in- tegrity, accuracy, validity, and reliability; (2) are carried out in accordance with the standards for the conduct and evaluation of all research and development established by the National Center for Education Research; and (3) are objective, secular, neutral, and non- ideological, and are free of partisan political influence, and racial, cultural, gender, re- gional, or disability bias. (c) Plan The Special Education Research Commis- sioner shall propose to the Director a research plan, developed in collaboration with the Assist- ant Secretary for Special Education and Reha- bilitative Services, that— (1) is consistent with the priorities and mis- sion of the Institute and the mission of the Special Education Research Center; (2) is carried out, updated, and modified, as appropriate; (3) is consistent with the purposes of the In- dividuals with Disabilities Education Act [20 U.S.C. 1400 et seq.]; (4) contains an appropriate balance across all age ranges and types of children with dis- abilities; (5) provides for research that is objective and uses measurable indicators to assess its progress and results; and (6) is coordinated with the comprehensive plan developed under section 681 of the Indi- viduals with Disabilities Education Act [20 U.S.C. 1481]. (d) Grants, contracts, and cooperative agree- ments (1) In general In carrying out the duties under this sec- tion, the Director may award grants to, or enter into contracts or cooperative agree- ments with, eligible applicants. 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 CENTER FOR SPECIAL EDUCATION RE- SEARCH.—Sections 175, 176, and 177 [20 U.S.C. 9567, 9567a, 9567b] (other than section 177(c) [20 U.S.C. 9567b(c)]) of the Education Sciences Reform Act of 2002, as enacted by section 201(a)(2) of this Act, shall take effect on the date of enactment of this Act [Dec. 3, 2004]. ‘‘(2) PLAN.—Section 177(c) of the Education Sciences Reform Act of 2002, as enacted by section 201(a)(2) of this Act, shall take effect on October 1, 2005.’’ PART F—GENERAL PROVISIONS Editorial Notes CODIFICATION Pub. L. 108–446, title II, § 201(a)(1), Dec. 3, 2004, 118 Stat. 2799, redesignated part E as F. § 9571. Interagency data sources and formats The Secretary, in consultation with the Direc- tor, shall ensure that the Department and the Institute use common sources of data in stand- ardized formats. (Pub. L. 107–279, title I, § 181, Nov. 5, 2002, 116 Stat. 1971.) § 9572. Prohibitions (a) National database Nothing in this subchapter may be construed to authorize the establishment of a nationwide database of individually identifiable informa- tion 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 Fed- eral Government to mandate, direct, or control the curriculum, program of instruction, or allo- cation of State or local resources of a State, local educational agency, or school, or to man- date 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 Fed- eral law, no funds provided under this sub- chapter to the Institute, including any office, board, committee, or center of the Institute, may be used by the Institute to endorse, ap- prove, 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 de- velop, pilot test, field test, implement, admin- ister, or distribute any federally sponsored na- tional test in reading, mathematics, or any other subject, unless specifically and explic- itly authorized by law. (2) Exceptions Subsection (a) shall not apply to inter- national comparative assessments developed under the authority of section 9543(a)(6) of this title or section 9003(a)(6) of this title (as such section was in effect on the day before Novem- ber 5, 2002) and administered to only a rep- resentative sample of pupils in the United States and in foreign nations. (Pub. L. 107–279, title I, § 182, Nov. 5, 2002, 116 Stat. 1971.) Editorial Notes REFERENCES IN TEXT Section 9003 of this title, referred to in subsec. (d)(2), was repealed by Pub. L. 107–279, title IV, § 403(1), Nov. 5, 2002, 116 Stat. 1985. § 9573. Confidentiality (a) In general All collection, maintenance, use, and wide dis- semination of data by the Institute, including each office, board, committee, and center of the Institute, shall conform with the requirements of section 552a of title 5, the confidentiality standards of subsection (c) of this section, and sections 1232g and 1232h of this title.