20 U.S.C. § 9534 — Standards for conduct and evaluation of

Page 1713 TITLE 20—EDUCATION § 9534 cluding in educational technology areas. The Research Commissioner may support addi- tional national research and development cen- ters to address topics of research not described in paragraph (2) if such topics are consistent with the priorities and mission of the Institute and the mission of the Research Center. The research carried out by the centers shall in- corporate the potential or existing role of edu- cational technology, where appropriate, in achieving the goals of each center. (4) Scope Support for a national research and develop- ment center shall be for a period of not more than 5 years, shall be of sufficient size and scope to be effective, and notwithstanding sec- tion 9534(b) of this title, may be renewed with- out competition for not more than 5 addi- tional years if the Director, in consultation with the Research Commissioner and the Board, determines that the research of the na- tional research and development center— (A) continues to address priorities of the Institute; and (B) merits renewal (applying the proce- dures and standards established in section 9534 of this title). (5) Limit No national research and development cen- ter may be supported under this subsection for a period of more than 10 years without submit- ting to a competitive process for the award of the support. (6) Continuation of awards The Director shall continue awards made to the national research and development centers that are in effect on the day before November 5, 2002, in accordance with the terms of those awards and may renew them in accordance with paragraphs (4) and (5). (7) Disaggregation To the extent feasible, research conducted under this subsection shall be disaggregated by age, race, gender, and socioeconomic back- ground. (Pub. L. 107–279, title I, § 133, Nov. 5, 2002, 116 Stat. 1954.) Editorial Notes REFERENCES IN TEXT The Elementary and Secondary Education Act of 1965, referred to in subsec. (a)(11), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, which is classified 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. § 9534. Standards for conduct and evaluation of research (a) In general In carrying out this part, the Research Com- missioner shall— (1) ensure that all research conducted under the direction of the Research Center follows scientifically based research standards; (2) develop such other standards as may be necessary to govern the conduct and evalua- tion of all research, development, and wide dissemination activities carried out by the Re- search Center to assure that such activities meet the highest standards of professional ex- cellence; (3) review the procedures utilized by the Na- tional Institutes of Health, the National Science Foundation, and other Federal depart- ments or agencies engaged in research and de- velopment, and actively solicit recommenda- tions from research organizations and mem- bers of the general public in the development of the standards described in paragraph (2); and (4) ensure that all research complies with Federal guidelines relating to research mis- conduct. (b) Peer review (1) In general The Director shall establish a peer review system, involving highly qualified individuals with an in-depth knowledge of the subject to be investigated, for reviewing and evaluating all applications for grants and cooperative agreements that exceed $100,000, and for evalu- ating and assessing the products of research by all recipients of grants and cooperative agreements under this Act. (2) Evaluation The Research Commissioner shall— (A) develop the procedures to be used in evaluating applications for research grants, cooperative agreements, and contracts, and specify the criteria and factors (including, as applicable, the use of longitudinal data link- ing test scores, enrollment, and graduation rates over time) which shall be considered in making such evaluations; and (B) evaluate the performance of each re- cipient of an award of a research grant, con- tract, or cooperative agreement at the con- clusion of the award. (c) Long-term research The Research Commissioner shall ensure that not less than 50 percent of the funds made avail- able for research for each fiscal year shall be used to fund long-term research programs of not less than 5 years, which support the priorities and mission of the Institute and the mission of the Research Center. (Pub. L. 107–279, title I, § 134, Nov. 5, 2002, 116 Stat. 1957.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (b)(1), means Pub. L. 107–279, Nov. 5, 2002, 116 Stat. 1940, which enacted this chapter and section 3419 of this title, amended sections 1232j, 3412, 3461, 6194, 6311, 6312, 7013, 7451, 7703, 7909, 9007, 9010, 9011, 9573, 9623, and 9624 and former sections 6317, 6491, 6932, 7253c, 7283b, and 7283d of this title and section 5315 of Title 5, Government Organization and Employ- ees, transferred sections 9010 and 9011 of this title to sections 9621 and 9622 of this title, respectively, re- pealed sections 3419, 6011, 6021, 6031, 6041, 6051, 6053 to 6053e, 6054 to 6054b, 6055 to 6055h, 6056, 6056a, 9001 to 9009, and 9012 of this title, enacted provisions set out as notes under section 7703 and 9501 of this title, and re- pealed provisions set out as notes under sections 1221e Page 1714 TITLE 20—EDUCATION § 9541 1 So in original. The period probably should not appear. and 9001 of this title. For complete classification of this Act to the Code, see Tables. PART C—NATIONAL CENTER FOR EDUCATION STATISTICS Editorial Notes PRIOR PROVISIONS Provisions similar to those in this part were con- tained in chapter 71 (§ 9001 et seq.) of this title prior to repeal by Pub. L. 107–279, title IV, § 403(1), Nov. 5, 2002, 116 Stat. 1985. § 9541. Establishment (a) Establishment There is established in the Institute a Na- tional Center for Education Statistics (in this part referred to as the ‘‘Statistics Center’’). (b) Mission The mission of the Statistics Center shall be— (1) to collect and analyze education informa- tion and statistics in a manner that meets the highest methodological standards; (2) to report education information and sta- tistics in a timely manner; and (3) to collect, analyze, and report education information and statistics in a manner that— (A) is objective, secular, neutral, and non- ideological and is free of partisan political influence and racial, cultural, gender, or re- gional bias; and (B) is relevant and useful to practitioners, researchers, policymakers, and the public. (Pub. L. 107–279, title I, § 151, Nov. 5, 2002, 116 Stat. 1957.) § 9542. Commissioner for Education Statistics The Statistics Center shall be headed by a Commissioner for Education Statistics (in this part referred to as the ‘‘Statistics Commis- sioner’’) who shall be highly qualified and have substantial knowledge of statistical methodolo- gies and activities undertaken by the Statistics Center. (Pub. L. 107–279, title I, § 152, Nov. 5, 2002, 116 Stat. 1958.) § 9543. Duties (a) General duties The Statistics Center shall collect, report, analyze, and disseminate statistical data related to education in the United States and in other nations, including— (1) collecting, acquiring, compiling (where appropriate, on a State-by-State basis), and disseminating full and complete statistics (disaggregated by the population characteris- tics described in paragraph (3)) on the condi- tion and progress of education, at the pre- school, elementary, secondary, postsecondary, and adult levels in the United States, includ- ing data on— (A) State and local education reform ac- tivities; (B) State and local early childhood school readiness activities; (C) student achievement in, at a minimum, the core academic areas of reading, mathe- matics, and science at all levels of edu- cation; (D) secondary school completions, drop- outs, and adult literacy and reading skills; (E) access to, and opportunity for, postsec- ondary education, including data on finan- cial aid to postsecondary students; (F) teaching, including— (i) data on in-service professional devel- opment, including a comparison of courses taken in the core academic areas of read- ing, mathematics, and science with courses in noncore academic areas, includ- ing technology courses; and (ii) the percentage of teachers who meet the applicable State certification and li- censure requirements, including any re- quirements for certification obtained through alternative routes to certifi- cation, or, with regard to special edu- cation teachers, the qualifications de- scribed in section 1412(a)(14)(C) of this title.1 in each State and, where feasible, in each local educational agency and school; (G) instruction, the conditions of the edu- cation workplace, and the supply of, and de- mand for, teachers; (H) the incidence, frequency, seriousness, and nature of violence affecting students, school personnel, and other individuals par- ticipating in school activities, as well as other indices of school safety, including in- formation regarding— (i) the relationship between victims and perpetrators; (ii) demographic characteristics of the victims and perpetrators; and (iii) the type of weapons used in inci- dents, as classified in the Uniform Crime Reports of the Federal Bureau of Inves- tigation; (I) the financing and management of edu- cation, including data on revenues and ex- penditures; (J) the social and economic status of chil- dren, including their academic achievement; (K) the existence and use of educational technology and access to the Internet by students and teachers in elementary schools and secondary schools; (L) access to, and opportunity for, early childhood education; (M) the availability of, and access to, be- fore-school and after-school programs (in- cluding such programs during school re- cesses); (N) student participation in and comple- tion of secondary and postsecondary voca- tional and technical education programs by specific program area; and (O) the existence and use of school librar- ies; (2) conducting and publishing reports on the meaning and significance of the statistics de- scribed in paragraph (1); (3) collecting, analyzing, cross-tabulating, and reporting, to the extent feasible, informa- tion by gender, race, ethnicity, socioeconomic