20 U.S.C. § 9607 — Grant program for statewide, longitudinal

Page 1732 TITLE 20—EDUCATION § 9606 (F) Researchers. (3) Recommendations In choosing individuals for membership on a regional advisory committee, the Secretary shall consult with, and solicit recommenda- tions from, the chief executive officers of States, chief State school officers, and edu- cation stakeholders within the applicable re- gion. (4) Special rule (A) Total number The total number of members on each committee who are selected under subpara- graphs (A), (C), and (D) of paragraph (2), col- lectively, shall exceed the total number of members who are selected under paragraph (1)(C) and subparagraphs (B), (E), and (F) of paragraph (2), collectively. (B) Dissolution Each regional advisory committee shall be dissolved by the Secretary after submission of such committee’s report described in sub- section (c)(2) to the Secretary, but each such committee may be reconvened at the discre- tion of the Secretary. (c) Duties Each regional advisory committee shall advise the Secretary on the following: (1) An educational needs assessment of its region (using the results of the assessment conducted under subsection (d)), in order to assist in making decisions regarding the re- gional educational priorities. (2) Not later than 6 months after the com- mittee is first convened, a report based on the assessment conducted under subsection (d). (d) Regional assessments Each regional advisory committee shall— (1) assess the educational needs within the region to be served; (2) in conducting the assessment under para- graph (1), seek input from chief executive offi- cers of States, chief State school officers, edu- cators, and parents (including through a proc- ess of open hearings to solicit the views and needs of schools (including public charter schools), teachers, administrators, members of the regional educational laboratory governing board, parents, local educational agencies, li- brarians, businesses, State educational agen- cies, and other customers (such as adult edu- cation programs) within the region) regarding the need for the activities described in section 9564 of this title and section 9602 of this title and how those needs would be most effectively addressed; and (3) submit the assessment to the Secretary and to the Director of the Institute of Edu- cation Sciences, at such time, in such manner, and containing such information as the Sec- retary may require. (Pub. L. 107–279, title II, § 206, Nov. 5, 2002, 116 Stat. 1979; Pub. L. 108–446, title II, § 203, Dec. 3, 2004, 118 Stat. 2803.) Editorial Notes AMENDMENTS 2004—Subsec. (d)(3). Pub. L. 108–446 substituted ‘‘Insti- tute’’ for ‘‘Academy’’. Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY COMMITTEES Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 1013 of Title 5, Government Organization and Employees. § 9606. Priorities The Secretary shall establish priorities for the regional educational laboratories (established under section 9564 of this title) and comprehen- sive centers (established under section 9602 of this title) to address, taking onto account the regional assessments conducted under section 9605 of this title and other relevant regional sur- veys of educational needs, to the extent the Sec- retary deems appropriate. (Pub. L. 107–279, title II, § 207, Nov. 5, 2002, 116 Stat. 1981.) § 9607. Grant program for statewide, longitudinal data systems (a) Grants authorized The Secretary is authorized to award grants, on a competitive basis, to State educational agencies to enable such agencies to design, de- velop, and implement statewide, longitudinal data systems to efficiently and accurately man- age, analyze, disaggregate, and use individual student data, consistent with the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). (b) Applications Each State educational agency desiring a grant under this section shall submit an applica- tion to the Secretary at such time, in such man- ner, and accompanied by such information as the Secretary may reasonably require. (c) Awarding of grants In awarding grants under this section, the Sec- retary shall use a peer review process that— (1) ensures technical quality (including va- lidity and reliability), promotes linkages across States, and protects student privacy consistent with section 9573 of this title; (2) promotes the generation and accurate and timely use of data that is needed— (A) for States and local educational agen- cies to comply with the Elementary and Sec- ondary Education Act of 1965 (20 U.S.C. 6301 et seq.) and other reporting requirements and close achievement gaps; and (B) to facilitate research to improve stu- dent academic achievement and close achievement gaps; and (3) gives priority to applications that meet the voluntary standards and guidelines de- scribed in section 9543(a)(5) of this title. (d) Supplement not supplant Funds made available under this section shall be used to supplement, and not supplant, other 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