20 U.S.C. § 9622 — Untitled legal text

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- Page 1736 TITLE 20—EDUCATION § 9622 able manner on student academic achieve- ment in public and private elementary schools and secondary schools at least once every 2 years, in grades 4 and 8 in reading and mathematics; (C) conduct a national assessment and col- lect and report assessment data, including achievement data trends, in a valid and reli- able manner on student academic achieve- ment in public and private schools in read- ing and mathematics in grade 12 in regularly scheduled intervals, but at least as often as such assessments were conducted prior to January 8, 2002; (D) to the extent time and resources allow, and after the requirements described in sub- paragraph (B) are implemented and the re- quirements described in subparagraph (C) are met, conduct additional national assess- ments and collect and report assessment data, including achievement data trends, in a valid and reliable manner on student aca- demic achievement in grades 4, 8, and 12 in public and private elementary schools and secondary schools in regularly scheduled in- tervals in additional subject matter, includ- ing writing, science, history, geography, civics, economics, foreign languages, and arts, and the trend assessment described in subparagraph (F); (E) conduct the reading and mathematics assessments described in subparagraph (B) in the same year, and every other year there- after, to provide for 1 year in which no such assessments are conducted in between each administration of such assessments; (F) continue to conduct the trend assess- ment of academic achievement at ages 9, 13, and 17 for the purpose of maintaining data on long-term trends in reading and mathe- matics; (G) include information on special groups, including, whenever feasible, information collected, cross tabulated, compared, and re- ported by race, ethnicity, socioeconomic sta- tus, gender, disability and limited English proficiency; and (H) ensure that achievement data are made available on a timely basis following official reporting, in a manner that facili- tates further analysis and that includes trend lines. (3) State assessments (A) In general The Commissioner for Education Statis- tics— (i) shall conduct biennial State academic assessments of student achievement in reading and mathematics in grades 4 and 8 as described in paragraphs (2)(B) and (2)(E); (ii) may conduct the State academic as- sessments of student achievement in read- ing and mathematics in grade 12 as de- scribed in paragraph (2)(C); (iii) may conduct State academic assess- ments of student achievement in grades 4, 8, and 12 as described in paragraph (2)(D); and (iv) shall conduct each such State assess- ment, in each subject area and at each grade level, on a developmental basis until the Commissioner for Education Statistics determines, as the result of an evaluation required by subsection (f), that such as- sessment produces high quality data that are valid and reliable. (B) Agreement (i) In general States participating in State assess- ments shall enter into an agreement with the Secretary pursuant to subsection (d)(3). (ii) Content Such agreement shall contain informa- tion sufficient to give States full informa- tion about the process for decision-making (which shall include the consensus process used), on objectives to be tested, and the standards for random sampling, test ad- ministration, test security, data collec- tion, validation, and reporting. (C) Review and release (i) In general Except as provided in clause (ii), a par- ticipating State shall review and give per- mission for the release of results from any test of its students administered as a part of a State assessment prior to the release of such data. Refusal by a State to release its data shall not restrict the release of data from other States that have approved the release of such data. (ii) Special rule A State participating in the biennial academic assessments of student achieve- ment in reading and mathematics in grades 4 and 8 shall be deemed to have given its permission to release its data if the State has an approved plan under sec- tion 6311 of this title. (4) Prohibited activities (A) In general The use of assessment items and data on any assessment authorized under this sec- tion by an agent or agents of the Federal Government to rank, compare, or otherwise evaluate individual students or teachers, or to provide rewards or sanctions for indi- vidual students, teachers, schools or local educational agencies is prohibited. (B) Special rule Any assessment authorized under this sec- tion shall not be used by an agent or agents of the Federal Government to establish, re- quire, or influence the standards, assess- ments, curriculum, including lesson plans, textbooks, or classroom materials, or in- structional practices of States or local edu- cational agencies. (C) Applicability to student educational deci- sions Nothing in this section shall be construed to prescribe the use of any assessment au- thorized under this section for student pro- motion or graduation purposes. Page 1737 TITLE 20—EDUCATION § 9622 (D) Applicability to home schools Nothing in this section shall be construed to affect home schools, whether or not a home school is treated as a home school or a private school under State law, nor shall any home schooled student be required to participate in any assessment referenced or authorized under this section. (5) Requirement In carrying out any assessment authorized under this section, the Commissioner for Edu- cation Statistics, in a manner consistent with subsection (c)(3), shall— (A) use widely accepted professional test- ing standards, objectively measure academic achievement, knowledge, and skills, and en- sure that any academic assessment author- ized under this section be tests that do not evaluate or assess personal or family beliefs and attitudes or publicly disclose personally identifiable information; (B) only collect information that is di- rectly related to the appraisal of academic achievement, and to the fair and accurate presentation of such information; and (C) collect information on race, ethnicity, socioeconomic status, disability, limited English proficiency, and gender. (6) Technical assistance In carrying out any assessment authorized under this section, the Commissioner for Edu- cation Statistics may provide technical assist- ance to States, localities, and other parties. (c) Access (1) Public access (A) In general Except as provided in paragraph (3), par- ents and members of the public shall have access to all assessment data, questions, and complete and current assessment instru- ments of any assessment authorized under this section. The local educational agency shall make reasonable efforts to inform par- ents and members of the public about the ac- cess required under this paragraph. (B) Timeline The access described in this paragraph shall be provided within 45 days of the date the request was made, in writing, and be made available in a secure setting that is convenient to both parties. (C) Prohibition To protect the integrity of the assessment, no copy of the assessment items or assess- ment instruments shall be duplicated or taken from the secure setting. (2) Complaints (A) In general Parents and members of the public may submit written complaints to the Assess- ment Board. (B) Forwarding of complaints The Assessment Board shall forward such complaints to the Commissioner for Edu- cation Statistics, the Secretary of Edu- cation, and the State and local educational agency from within which the complaint originated within 30 days of receipt of such complaint. (C) Review The Assessment Board, in consultation with the Commissioner for Education Statis- tics, shall review such complaint and deter- mine whether revisions are necessary and appropriate. As determined by such review, the Board shall revise, as necessary and ap- propriate, the procedures or assessment items that have generated the complaint and respond to the individual submitting the complaint, with a copy of such response pro- vided to the Secretary, describing any ac- tion taken, not later than 30 days after so acting. (D) Report The Secretary shall submit a summary re- port of all complaints received pursuant to subparagraph (A) and responses by the As- sessment Board pursuant to subparagraph (C) to the Chairman of the House Committee on Education and the Workforce, and the Chairman of the Senate Committee on Health, Education, Labor, and Pensions. (E) Cognitive questions (i) In general The Commissioner for Education Statis- tics may decline to make available through public means, such as posting on the Internet, distribution to the media, distribution through public agencies, or in response to a request under section 552 of title 5, for a period, not to exceed 10 years after initial use, cognitive questions that the Commissioner for Education Statistics intends to reuse in the future. (ii) Extension Notwithstanding clause (i), the Commis- sioner for Education Statistics may de- cline to make cognitive questions avail- able as described in clause (i) for a period longer than 10 years if the Commissioner for Education Statistics determines such additional period is necessary to protect the security and integrity of long-term trend data. (3) Personally identifiable information (A) In general The Commissioner for Education Statis- tics shall ensure that all personally identifi- able information about students, their aca- demic achievement, and their families, and that information with respect to individual schools, remains confidential, in accordance with section 552a of title 5. (B) Prohibition The Assessment Board, the Commissioner for Education Statistics, and any contractor or subcontractor shall not maintain any sys- tem of records containing a student’s name, birth information, Social Security number, or parents’ name or names, or any other per- sonally identifiable information. Page 1738 TITLE 20—EDUCATION § 9622 1 So in original. No cl. (ii) has been enacted. (4) Penalties Any unauthorized person who knowingly dis- closes, publishes, or uses assessment ques- tions, or complete and current assessment in- struments of any assessment authorized under this section may be fined as specified in sec- tion 3571 of title 18 or charged with a class E felony. (d) Participation (1) Voluntary participation Participation in any assessment authorized under this section shall be voluntary for stu- dents, schools, and local educational agencies. (2) Student participation Parents of children selected to participate in any assessment authorized under this section shall be informed before the administration of any authorized assessment, that their child may be excused from participation for any reason, is not required to finish any author- ized assessment, and is not required to answer any test question. (3) State participation (A) Voluntary Participation in assessments authorized under this section, other than reading and mathematics in grades 4 and 8, shall be vol- untary. (B) Agreement For reading and mathematics assessments in grades 4 and 8, the Secretary shall enter into an agreement with any State carrying out an assessment for the State under this section. Each such agreement shall contain provisions designed to ensure that the State will participate in the assessment. (4) Review Representatives of State educational agen- cies and local educational agencies or the chief State school officer shall have the right to review any assessment item or procedure of any authorized assessment upon request in a manner consistent with subsection (c), except the review described in subparagraph (2)(C) of subsection (c) shall take place in consultation with the representatives described in this paragraph. (e) Student achievement levels (1) Achievement levels The Assessment Board shall develop appro- priate student achievement levels for each grade or age in each subject area to be tested under assessments authorized under this sec- tion, except the trend assessment described in subsection (b)(2)(F). (2) Determination of levels (A) In general Such levels shall— (i) 1 be determined by— (I) identifying the knowledge that can be measured and verified objectively using widely accepted professional as- sessment standards; and (II) developing achievement levels that are consistent with relevant widely ac- cepted professional assessment standards and based on the appropriate level of subject matter knowledge for grade lev- els to be assessed, or the age of the stu- dents, as the case may be. (B) National consensus approach After the determinations described in sub- paragraph (A), devising a national consensus approach. (C) Trial basis The achievement levels shall be used on a trial basis until the Commissioner for Edu- cation Statistics determines, as a result of an evaluation under subsection (f), that such levels are reasonable, valid, and informative to the public. (D) Status The Commissioner for Education Statis- tics and the Board shall ensure that reports using such levels on a trial basis do so in a manner that makes clear the status of such levels. (E) Updates Such levels shall be updated as appropriate by the Assessment Board in consultation with the Commissioner for Education Statis- tics. (3) Reporting After determining that such levels are rea- sonable, valid, and informative to the public, as the result of an evaluation under subsection (f), the Commissioner for Education Statistics shall use such levels or other methods or indi- cators for reporting results of the National As- sessment and State assessments. (4) Review The Assessment Board shall provide for a re- view of any trial student achievement levels under development by representatives of State educational agencies or the chief State school officer in a manner consistent with subsection (c), except the review described in paragraph (2)(C) of such subsection shall take place in consultation with the representatives de- scribed in this paragraph. (f) Review of National and State assessments (1) Review (A) In general The Secretary shall provide for continuing review of any assessment authorized under this section, and student achievement levels, by one or more professional assessment eval- uation organizations. (B) Issues addressed Such continuing review shall address— (i) whether any authorized assessment is properly administered, produces high qual- ity data that are valid and reliable, is con- sistent with relevant widely accepted pro- fessional assessment standards, and pro- duces data on student achievement that are not otherwise available to the State (other than data comparing participating States to each other and the Nation); Page 1739 TITLE 20—EDUCATION § 9622 2 So in original. (ii) whether student achievement levels are reasonable, valid, reliable, and inform- ative to the public;– 2 (iii) whether any authorized assessment is being administered as a random sample and is reporting the trends in academic achievement in a valid and reliable man- ner in the subject areas being assessed; (iv) whether any of the test questions are biased, as described in section 9621(e)(4) of this title; and (v) whether the appropriate authorized assessments are measuring, consistent with this section, reading ability and mathematical knowledge. (2) Report The Secretary shall report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, the President, and the Nation on the findings and recommendations of such re- views. (3) Use of findings and recommendations The Commissioner for Education Statistics and the Assessment Board shall consider the findings and recommendations of such reviews in designing the competition to select the or- ganization, or organizations, through which the Commissioner for Education Statistics carries out the National Assessment. (g) Coverage agreements (1) Department of Defense schools The Secretary and the Secretary of Defense may enter into an agreement, including such terms as are mutually satisfactory, to include in the National Assessment elementary schools and secondary schools operated by the Department of Defense. (2) Bureau of Indian Affairs schools The Secretary and the Secretary of the Inte- rior may enter into an agreement, including such terms as are mutually satisfactory, to in- clude in the National Assessment schools for Indian children operated or supported by the Bureau of Indian Affairs. (Pub. L. 107–279, title III, § 303, formerly Pub. L. 103–382, title IV, § 411, Oct. 20, 1994, 108 Stat. 4036; Pub. L. 107–110, title VI, § 602(a), Jan. 8, 2002, 115 Stat. 1898; renumbered Pub. L. 107–279, title III, § 303, and amended Pub. L. 107–279, title IV, § 401(d), Nov. 5, 2002, 116 Stat. 1984.) Editorial Notes CODIFICATION Section was formerly classified to section 9010 of this title prior to renumbering by Pub. L. 107–279. PRIOR PROVISIONS A prior section 303 of Pub. L. 107–279 was renumbered section 305 and is classified to section 9624 of this title. AMENDMENTS 2002—Pub. L. 107–110 amended section generally, re- stating and expanding provisions and inserting head- ings. Subsec. (a). Pub. L. 107–279, § 401(d)(3), substituted ‘‘section 9621’’ for ‘‘section 9011’’ and struck out ‘‘and with the technical assistance of the Advisory Council established under section 9006 of this title,’’ before ‘‘carry out’’. Pub. L. 107–279, § 401(d)(2), substituted ‘‘Assessment Board’’ for ‘‘National Assessment Governing Board’’. Pub. L. 107–279, § 401(d)(1), substituted ‘‘Commissioner for Education Statistics’’ for ‘‘Commissioner’’. Subsec. (b)(1). Pub. L. 107–279, § 401(d)(4)(A), inserted ‘‘of’’ after ‘‘academic achievement and reporting’’. Subsec. (b)(2), (3)(A). Pub. L. 107–279, § 401(d)(1), sub- stituted ‘‘Commissioner for Education Statistics’’ for ‘‘Commissioner’’ in introductory provisions. Subsec. (b)(3)(A)(i). Pub. L. 107–279, § 401(d)(4)(B)(i), substituted ‘‘paragraphs (2)(B) and (2)(E)’’ for ‘‘para- graphs (1)(B) and (1)(E)’’. Subsec. (b)(3)(A)(ii). Pub. L. 107–279, § 401(d)(4)(B)(ii), substituted ‘‘paragraph (2)(C)’’ for ‘‘paragraph (1)(C)’’. Subsec. (b)(3)(A)(iii). Pub. L. 107–279, § 401(d)(4)(B)(iii), substituted ‘‘paragraph (2)(D)’’ for ‘‘paragraph (1)(D)’’. Subsec. (b)(3)(A)(iv). Pub. L. 107–279, § 401(d)(1), sub- stituted ‘‘Commissioner for Education Statistics’’ for ‘‘Commissioner’’. Subsec. (b)(5). Pub. L. 107–279, § 401(d)(4)(C), sub- stituted ‘‘subsection (c)(3)’’ for ‘‘subsection (c)(2)’’ in introductory provisions. Pub. L. 107–279, § 401(d)(1), substituted ‘‘Commissioner for Education Statistics’’ for ‘‘Commissioner’’ in intro- ductory provisions. Subsec. (b)(6). Pub. L. 107–279, § 401(d)(1), substituted ‘‘Commissioner for Education Statistics’’ for ‘‘Commis- sioner’’. Subsec. (c)(2). Pub. L. 107–279, § 401(d)(2), substituted ‘‘Assessment Board’’ for ‘‘National Assessment Gov- erning Board’’ wherever appearing. Pub. L. 107–279, § 401(d)(1), substituted ‘‘Commissioner for Education Statistics’’ for ‘‘Commissioner’’ wher- ever appearing. Subsec. (c)(2)(D). Pub. L. 107–279, § 401(d)(5), sub- stituted ‘‘subparagraph (C)’’ for ‘‘subparagraph (B)’’. Subsec. (c)(3). Pub. L. 107–279, § 401(d)(1), substituted ‘‘Commissioner for Education Statistics’’ for ‘‘Commis- sioner’’ in subpars. (A) and (B). Subsec. (c)(3)(B). Pub. L. 107–279, § 401(d)(2), sub- stituted ‘‘Assessment Board’’ for ‘‘National Board’’. Subsec. (e)(1). Pub. L. 107–279, § 401(d)(2), substituted ‘‘Assessment Board’’ for ‘‘National Assessment Gov- erning Board’’. Subsec. (e)(2). Pub. L. 107–279, § 401(d)(1), substituted ‘‘Commissioner for Education Statistics’’ for ‘‘Commis- sioner’’ wherever appearing. Subsec. (e)(2)(E). Pub. L. 107–279, § 401(d)(2), sub- stituted ‘‘Assessment Board’’ for ‘‘National Assessment Governing Board’’. Subsec. (e)(3). Pub. L. 107–279, § 401(d)(1), substituted ‘‘Commissioner for Education Statistics’’ for ‘‘Commis- sioner’’. Subsec. (e)(4). Pub. L. 107–279, § 401(d)(6), substituted ‘‘paragraph (2)(C) of such subsection’’ for ‘‘subpara- graph (2)(C)’’. Pub. L. 107–279, § 401(d)(2), substituted ‘‘Assessment Board’’ for ‘‘National Assessment Governing Board’’. Subsec. (f)(1)(B)(iv). Pub. L. 107–279, § 401(d)(7), sub- stituted ‘‘section 9621(e)(4)’’ for ‘‘section 9011(e)(4)’’. Subsec. (f)(3). Pub. L. 107–279, § 401(d)(2), substituted ‘‘Assessment Board’’ for ‘‘National Assessment Gov- erning Board’’. Pub. L. 107–279, § 401(d)(1), substituted ‘‘Commissioner for Education Statistics’’ for ‘‘Commissioner’’ in two places. 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. Page 1740 TITLE 20—EDUCATION § 9623 L. 107–110, set out as an Effective Date note under sec- tion 6301 of this title. RESCHEDULING OF THE NAEP MANDATED BIENNIAL 4TH AND 8TH GRADE ASSESSMENT AND ALIGNMENT OF THE MANDATED QUADRENNIAL 12TH GRADE ASSESSMENT Pub. L. 116–260, div. FF, title I, § 104, Dec. 27, 2020, 134 Stat. 3088, provided that: ‘‘(a) CURRENT ASSESSMENT ADMINISTRATION RESCHED- ULING.—Notwithstanding any other provision of law and due to the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID–19— ‘‘(1) the biennial 4th and 8th grade reading and mathematics assessments scheduled to be conducted during the 2020–2021 school year in accordance with paragraphs (2)(B) and (3)(A)(i) of section 303(b) of the National Assessment of Educational Progress Au- thorization Act (20 U.S.C. 9622(b)) and, as practicable and subject to the discretion of the National Assess- ment Governing Board, the Trial Urban District As- sessment, shall be conducted during the 2021–2022 school year; and ‘‘(2) the next quadrennial 12th grade reading and mathematics assessments carried out in accordance with section 303(b)(2)(C) of the National Assessment of Educational Progress Authorization Act (20 U.S.C. 9622(b)(2)(C)) after the date of enactment of this sec- tion [Dec. 27, 2020], shall be conducted during the 2023–2024 school year. ‘‘(b) FUTURE ASSESSMENT ADMINISTRATION.—In ac- cordance with section 303(b)(2)(B) of the National As- sessment of Educational Progress Authorization Act (20 U.S.C. 9622(b)(2)(B)), the next biennial assessments fol- lowing the 2021–2022 administration, as authorized under subsection (a), shall occur in the 2023–2024 school year and, as practicable and subject to the discretion of the National Assessment Governing Board, the next Trial Urban District Assessment following the 2021–2022 administration, as authorized under subsection (a), shall occur in the 2023–2024 school year.’’ § 9623. Definitions In this subchapter: (1) The term ‘‘Director’’ means the Director of the Institute of Education Sciences. (2) The term ‘‘State’’ means each of the 50 States, the District of Columbia, and the Com- monwealth of Puerto Rico. (Pub. L. 107–279, title III, § 304, formerly § 302, Nov. 5, 2002, 116 Stat. 1982; renumbered § 304, Pub. L. 107–279, title IV, § 401(b), Nov. 5, 2002, 116 Stat. 1983.) § 9624. Authorization of appropriations (a) In general There are authorized to be appropriated— (1) for fiscal year 2003— (A) $4,600,000 to carry out section 9621 of this title; and (B) $107,500,000 to carry out section 9622 of this title; and (2) such sums as may be necessary for each of the 5 succeeding fiscal years to carry out sections 9621 and 9622 of this title. (b) Availability Amounts made available under this section shall remain available until expended. (Pub. L. 107–279, title III, § 305, formerly § 303, Nov. 5, 2002, 116 Stat. 1982; renumbered § 305, Pub. L. 107–279, title IV, § 401(b), Nov. 5, 2002, 116 Stat. 1983.) SUBCHAPTER IV—NATIONAL CENTER FOR RESEARCH IN ADVANCED INFORMATION AND DIGITAL TECHNOLOGIES § 9631. National Center for Research in Advanced Information and Digital Technologies (a) Establishment There shall be established, during the first fis- cal year for which appropriations are made available under subsection (c), a nonprofit cor- poration to be known as the National Center for Research in Advanced Information and Digital Technologies, which shall not be an agency or establishment of the Federal Government. The Center shall be subject to the provisions of this section, and, to the extent consistent with this section, to the District of Columbia Nonprofit Corporation Act (sec. 29–501 et seq., D.C. Official Code). (b) Purpose The purpose of the Center shall be to support a comprehensive research and development pro- gram to harness the increasing capacity of ad- vanced information and digital technologies to improve all levels of learning and education, for- mal and informal, in order to provide Americans with the knowledge and skills needed to com- pete in the global economy. (c) Funding (1) Authorization of appropriations There are authorized to be appropriated to the Center such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years. (2) Additional funds The Center is authorized— (A) to accept funds from any Federal agen- cy or entity; (B) to accept, hold, administer, and spend any gift, devise, or bequest of real or per- sonal property made to the Center; and (C) to enter into competitive contracts with individuals, public or private organiza- tions, professional societies, and government agencies for the purpose of carrying out the functions of the Center. (3) Prohibition The Center shall not accept gifts, devises, or bequests from a foreign government or foreign source. (d) Board of Directors; vacancies; compensation (1) In general A Board of the Center shall be established to oversee the administration of the Center. (2) Initial composition The initial Board shall consist of nine mem- bers to be appointed by the Secretary of Edu- cation from recommendations received from the Speaker of the House of Representatives, the Minority Leader of the House of Rep- resentatives, the majority leader of the Sen- ate, and the minority leader of the Senate, who— (A) reflect representation from the public and private sectors; (B) shall provide, as nearly as practicable, a broad representation of various regions of