20 U.S.C. § 9515 — Priorities

Page 1707 TITLE 20—EDUCATION § 9515 field in the planning and carrying out of the Institute’s activities. (11) To coordinate the wide dissemination of information on scientifically valid research. (12) To carry out and support other activi- ties consistent with the priorities and mission of the Institute. (g) Expert guidance and assistance The Director may establish technical and sci- entific peer-review groups and scientific pro- gram advisory committees for research and evaluations that the Director determines are necessary to carry out the requirements of this subchapter. The Director shall appoint such per- sonnel, except that officers and employees of the United States shall comprise no more than 1⁄4 of the members of any such group or committee and shall not receive additional compensation for their service as members of such a group or committee. The Director shall ensure that re- viewers are highly qualified and capable to ap- praise education research and development projects. Chapter 10 of title 5 shall not apply to a peer-review group or an advisory committee established under this subsection. (h) Review The Director may, when requested by other of- ficers of the Department, and shall, when di- rected by the Secretary, review the products and publications of other offices of the Department to certify that evidence-based claims about those products and publications are scientif- ically valid. (Pub. L. 107–279, title I, § 114, Nov. 5, 2002, 116 Stat. 1946; Pub. L. 117–286, § 4(a)(153), Dec. 27, 2022, 136 Stat. 4322.) Editorial Notes REFERENCES IN TEXT Level II of the Executive Schedule, referred to in sub- sec. (c), is set out in section 5313 of Title 5, Government Organization and Employees. AMENDMENTS 2022—Subsec. (g). Pub. L. 117–286 substituted ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Committee Act (5 U.S.C. App.)’’. § 9515. Priorities (a) Proposal The Director shall propose to the Board prior- ities for the Institute (taking into consideration long-term research and development on core issues conducted through the national research and development centers). The Director shall identify topics that may require long-term re- search and topics that are focused on under- standing and solving particular education prob- lems and issues, including those associated with the goals and requirements of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), and the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), such as— (1) closing the achievement gap between high-performing and low-performing children, especially achievement gaps between minority and nonminority children and between dis- advantaged children and such children’s more advantaged peers; and (2) ensuring— (A) that all children have the ability to ob- tain a high-quality education (from early childhood through postsecondary education) and reach, at a minimum, proficiency on challenging State academic achievement standards and State academic assessments, particularly in mathematics, science, and reading or language arts; (B) access to, and opportunities for, post- secondary education; and (C) the efficacy, impact on academic achievement, and cost-effectiveness of tech- nology use within the Nation’s schools. (b) Approval The Board shall approve or disapprove the pri- orities for the Institute proposed by the Direc- tor, including any necessary revision of those priorities. The Board shall transmit any prior- ities so approved to the appropriate congres- sional committees. (c) Consistency The Board shall ensure that priorities of the Institute and the National Education Centers are consistent with the mission of the Institute. (d) Public availability and comment (1) Priorities Before submitting to the Board proposed pri- orities for the Institute, the Director shall make such priorities available to the public for comment for not less than 60 days (includ- ing by means of the Internet and through pub- lishing such priorities in the Federal Reg- ister). The Director shall provide to the Board a copy of each such comment submitted. (2) Plan Upon approval of such priorities, the Direc- tor shall make the Institute’s plan for address- ing such priorities available for public com- ment in the same manner as under paragraph (1). (Pub. L. 107–279, title I, § 115, Nov. 5, 2002, 116 Stat. 1948; Pub. L. 108–446, title II, § 201(b)(2)(C), Dec. 3, 2004, 118 Stat. 2802.) Editorial Notes REFERENCES IN TEXT The Elementary and Secondary Education Act of 1965, referred to in subsec. (a), 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 classifica- tion of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables. The Individuals with Disabilities Education Act, re- ferred to in subsec. (a), 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 section 1400 of this title and Tables. The Higher Education Act of 1965, referred to in sub- sec. (a), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219, which is classified generally to chapter 28 (§ 1001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. Page 1708 TITLE 20—EDUCATION § 9516 AMENDMENTS 2004—Subsec. (a). Pub. L. 108–446, in introductory pro- visions, substituted ‘‘including those associated with the goals and requirements of the Elementary and Sec- ondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), and the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), such as’’ for ‘‘including those asso- ciated with the goals and requirements established in the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) and the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), such as’’. § 9516. National Board for Education Sciences (a) Establishment The Institute shall have a board of directors, which shall be known as the National Board for Education Sciences. (b) Duties The duties of the Board shall be the following: (1) To advise and consult with the Director on the policies of the Institute. (2) To consider and approve priorities pro- posed by the Director under section 9515 of this title to guide the work of the Institute. (3) To review and approve procedures for technical and scientific peer review of the ac- tivities of the Institute. (4) To advise the Director on the establish- ment of activities to be supported by the Insti- tute, including the general areas of research to be carried out by the National Center for Education Research. (5) To present to the Director such rec- ommendations as it may find appropriate for— (A) the strengthening of education re- search; and (B) the funding of the Institute. (6) To advise the Director on the funding of applications for grants, contracts, and cooper- ative agreements for research, after the com- pletion of peer review. (7) To review and regularly evaluate the work of the Institute, to ensure that scientif- ically valid research, development, evaluation, and statistical analysis are consistent with the standards for such activities under this subchapter. (8) To advise the Director on ensuring that activities conducted or supported by the Insti- tute are objective, secular, neutral, and non- ideological and are free of partisan political influence and racial, cultural, gender, or re- gional bias. (9) To solicit advice and information from those in the educational field, particularly practitioners and researchers, to recommend to the Director topics that require long-term, sustained, systematic, programmatic, and in- tegrated research efforts, including knowledge utilization and wide dissemination of research, consistent with the priorities and mission of the Institute. (10) To advise the Director on opportunities for the participation in, and the advancement of, women, minorities, and persons with dis- abilities in education research, statistics, and evaluation activities of the Institute. (11) To recommend to the Director ways to enhance strategic partnerships and collabo- rative efforts among other Federal and State research agencies. (12) To recommend to the Director individ- uals to serve as Commissioners of the National Education Centers. (c) Composition (1) Voting members The Board shall have 15 voting members ap- pointed by the President. (2) Advice The President shall solicit advice regarding individuals to serve on the Board from the Na- tional Academy of Sciences, the National Science Board, and the National Science Advi- sor. (3) Nonvoting ex officio members The Board shall have the following non- voting ex officio members: (A) The Director of the Institute of Edu- cation Sciences. (B) Each of the Commissioners of the Na- tional Education Centers. (C) The Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development. (D) The Director of the Census. (E) The Commissioner of Labor Statistics. (F) The Director of the National Science Foundation. (4) Appointed membership (A) Qualifications Members appointed under paragraph (1) shall be highly qualified to appraise edu- cation research, statistics, evaluations, or development, and shall include the following individuals: (i) Not fewer than 8 researchers in the field of statistics, evaluation, social sciences, or physical and biological sciences, which may include those re- searchers recommended by the National Academy of Sciences. (ii) Individuals who are knowledgeable about the educational needs of the United States, who may include school-based pro- fessional educators, parents (including parents with experience in promoting pa- rental involvement in education), Chief State School Officers, State postsecondary education executives, presidents of institu- tions of higher education, local edu- cational agency superintendents, early childhood experts, special education ex- perts, principals, members of State or local boards of education or Bureau-funded school boards, and individuals from busi- ness and industry with experience in pro- moting private sector involvement in edu- cation. (B) Terms Each member appointed under paragraph (1) shall serve for a term of 4 years, except that— (i) the terms of the initial members ap- pointed under such paragraph shall (as de- termined by a random selection process at the time of appointment) be for staggered terms of—