20 U.S.C. § 6362 — State option to conduct assessment sys-

Page 1382 TITLE 20—EDUCATION § 6362 other assessment activities described in this part, such as the following: (A) Ensuring the provision of appropriate accommodations available to English learn- ers and children with disabilities to improve the rates of inclusion in regular assessments of such children, including professional de- velopment activities to improve the imple- mentation of such accommodations in in- structional practice. (B) Developing challenging State academic standards and aligned assessments in aca- demic subjects for which standards and as- sessments are not required under section 6311(b) of this title. (C) Developing or improving assessments for English learners, including assessments of English language proficiency as required under section 6311(b)(2)(G) of this title and academic assessments in languages other than English to meet the State’s obligations under section 6311(b)(2)(F) of this title. (D) Ensuring the continued validity and reliability of State assessments. (E) Refining State assessments to ensure their continued alignment with the chal- lenging State academic standards and to im- prove the alignment of curricula and in- structional materials. (F) Developing or improving balanced as- sessment systems that include summative, interim, and formative assessments, includ- ing supporting local educational agencies in developing or improving such assessments. (G) At the discretion of the State, refining science assessments required under section 6311(b)(2) of this title in order to integrate engineering design skills and practices into such assessments. (H) Developing or improving models to measure and assess student progress or stu- dent growth on State assessments under sec- tion 6311(b)(2) of this title and other assess- ments not required under section 6311(b)(2) of this title. (I) Developing or improving assessments for children with disabilities, including al- ternate assessments aligned to alternate academic achievement standards for stu- dents with the most significant cognitive disabilities described in section 6311(b)(2)(D) of this title, and using the principles of uni- versal design for learning. (J) Allowing for collaboration with insti- tutions of higher education, other research institutions, or other organizations to im- prove the quality, validity, and reliability of State academic assessments beyond the re- quirements for such assessments described in section 6311(b)(2) of this title. (K) Measuring student academic achieve- ment using multiple measures of student academic achievement from multiple sources. (L) Evaluating student academic achieve- ment through the development of com- prehensive academic assessment instru- ments (such as performance and technology- based academic assessments, computer adaptive assessments, projects, or extended performance task assessments) that empha- size the mastery of standards and aligned competencies in a competency-based edu- cation model. (M) Designing the report cards and reports under section 6311(h) of this title in an easily accessible, user friendly-manner that cross- tabulates student information by any cat- egory the State determines appropriate, as long as such cross-tabulation— (i) does not reveal personally identifiable information about an individual student; and (ii) is derived from existing State and local reporting requirements. (b) Rule of construction Nothing in subsection (a)(2)(M) shall be con- strued as authorizing, requiring, or allowing any additional reporting requirements, data ele- ments, or information to be reported to the Sec- retary unless such reporting, data, or informa- tion is explicitly authorized under this chapter. (c) Annual report Each State educational agency receiving a grant under this section shall submit an annual report to the Secretary describing the State’s activities under the grant and the result of such activities. (Pub. L. 89–10, title I, § 1201, as added Pub. L. 114–95, title I, § 1201, Dec. 10, 2015, 129 Stat. 1879.) Editorial Notes PRIOR PROVISIONS A prior section 6361, Pub. L. 89–10, title I, § 1201, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1535, stated purpose of former subpart 1 of this part, prior to the general amendment of this part by Pub. L. 114–95. Another prior section 6361, Pub. L. 89–10, title I, § 1201, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3578; amended Pub. L. 106–554, § 1(a)(4) [div. B, title XVI, § 1604(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–328, stated purpose of Even Start family literacy program, prior to the general amendment of this sub- chapter by Pub. L. 107–110. A prior section 1201 of Pub. L. 89–10 was classified to section 2781 of this title, prior to the general amend- ment of Pub. L. 89–10 by Pub. L. 103–382. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 114–95, set out as an Ef- fective Date of 2015 Amendment note under section 6301 of this title. § 6362. State option to conduct assessment sys- tem audit (a) In general From the amount reserved under section 6363(a)(3) of this title for a fiscal year, the Sec- retary shall make grants to States to enable the States to— (1) in the case of a grant awarded under this section to a State for the first time— (A) audit State assessment systems and ensure that local educational agencies audit local assessments under subsection (e)(1); (B) execute the State plan under sub- section (e)(3)(D); and Page 1383 TITLE 20—EDUCATION § 6362 (C) award subgrants under subsection (f); and (2) in the case of a grant awarded under this section to a State that has previously received a grant under this section— (A) execute the State plan under sub- section (e)(3)(D); and (B) award subgrants under subsection (f). (b) Minimum amount Each State that receives a grant under this section shall receive an annual grant amount of not less than $1,500,000. (c) Reallocation If a State chooses not to apply for a grant under this section, the Secretary shall reallo- cate such grant amount to other States in ac- cordance with the formula described in section 6363(a)(4)(B) of this title. (d) Application A State desiring to receive a grant under this section shall submit an application to the Sec- retary at such time and in such manner as the Secretary shall require. The application shall include a description of— (1) in the case of a State that is receiving a grant under this section for the first time— (A) the audit the State will carry out under subsection (e)(1); and (B) the stakeholder feedback the State will seek in designing such audit; (2) in the case of a State that is not receiv- ing a grant under this section for the first time, the plan described in subsection (e)(3)(D); and (3) how the State will award subgrants to local educational agencies under subsection (f). (e) Audits of State assessment systems and local assessments (1) Audit requirements Not later than 1 year after the date a State receives an initial grant under this section, the State shall— (A) conduct a State assessment system audit as described in paragraph (3); (B) ensure that each local educational agency receiving funds under this section— (i) conducts an audit of local assess- ments administered by the local edu- cational agency as described in paragraph (4); and (ii) submits the results of such audit to the State; and (C) report the results of each State and local educational agency audit conducted under subparagraphs (A) and (B), in a format that is widely accessible and publicly avail- able. (2) Resources for local educational agencies In carrying out paragraph (1)(B), each State shall provide local educational agencies with resources, such as guidelines and protocols, to assist in conducting and reporting audit re- sults. (3) State assessment system description Each State assessment system audit con- ducted under paragraph (1)(A) shall include— (A) the schedule for the administration of all State assessments; (B) for each State assessment— (i) the purpose for which the assessment was designed and the purpose for which the assessment is used; and (ii) the legal authority for the adminis- tration of the assessment; (C) feedback on such system from stake- holders, which shall include information such as— (i) how teachers, principals, other school leaders, and administrators use assessment data to improve and differentiate instruc- tion; (ii) the timing of release of assessment data; (iii) the extent to which assessment data is presented in an accessible and under- standable format for all stakeholders; (iv) the opportunities, resources, and training teachers, principals, other school leaders, and administrators are given to review assessment results and make effec- tive use of assessment data; (v) the distribution of technological re- sources and personnel necessary to admin- ister assessments; (vi) the amount of time teachers spend on assessment preparation and administra- tion; (vii) the assessments that administra- tors, teachers, principals, other school leaders, parents, and students, if appro- priate, do and do not find useful; and (viii) other information as appropriate; and (D) a plan, based on the information gath- ered as a result of the activities described in subparagraphs (A), (B), and (C), to improve and streamline the State assessment sys- tem, including activities such as— (i) eliminating any unnecessary assess- ments, which may include paying the cost associated with terminating procurement contracts; (ii) supporting the dissemination of best practices from local educational agencies or other States that have successfully im- proved assessment quality and efficiency to improve teaching and learning; and (iii) supporting local educational agen- cies or consortia of local educational agen- cies to carry out efforts to streamline local assessment systems and implement a regular process of review and evaluation of assessment use in local educational agen- cies. (4) Local assessment description An audit of local assessments conducted in accordance with paragraph (1)(B)(i) shall in- clude the same information described in para- graph (3) that is required of a State audit, ex- cept that such information shall be included as applicable to the local educational agency and the local assessments. (f) Subgrants to local educational agencies (1) In general Each State shall reserve not less than 20 per- cent of the grant funds awarded to the State Page 1384 TITLE 20—EDUCATION § 6363 1 So in original. Probably should be ‘‘section’’. under this section to make subgrants to local educational agencies in the State or consortia of such local educational agencies, based on demonstrated need in the agency’s or consor- tium’s application, to enable such agencies or consortia to improve assessment quality and use, and alignment, including, if applicable, alignment to the challenging State academic standards. (2) Local educational agency application Each local educational agency, or consor- tium of local educational agencies, seeking a subgrant under this subsection shall submit an application to the State at such time, in such manner, and containing such other informa- tion as determined necessary by the State. The application shall include a description of the agency’s or consortium’s needs relating to the improvement of assessment quality, use, and alignment. (3) Use of funds A subgrant awarded under this subsection to a local educational agency or consortium of such agencies may be used to— (A) conduct an audit of local assessments under subsection (e)(1)(B)(i); (B) carry out the plan described in sub- section (e)(3)(D) as it pertains to such agen- cy or consortium; (C) improve assessment delivery systems and schedules, including by increasing ac- cess to technology and assessment proctors, where appropriate; (D) hire instructional coaches, or promote teachers who may receive increased com- pensation to serve as instructional coaches, to support teachers in the development of classroom-based assessments, interpreting assessment data, and designing instruction; (E) provide for appropriate accommoda- tions to maximize inclusion of children with disabilities and English learners partici- pating in assessments; and (F) improve the capacity of teachers, prin- cipals, and other school leaders to dissemi- nate assessment data in an accessible and understandable format for parents and fami- lies, including for children with disabilities and English learners. (g) Definitions In this section: (1) Local assessment The term ‘‘local assessment’’ means an aca- demic assessment selected and carried out by a local educational agency that is separate from an assessment required under section 6311(b)(2) of this title. (2) State The term ‘‘State’’ means each of the 50 States, the District of Columbia, and the Com- monwealth of Puerto Rico. (Pub. L. 89–10, title I, § 1202, as added Pub. L. 114–95, title I, § 1201, Dec. 10, 2015, 129 Stat. 1881.) Editorial Notes PRIOR PROVISIONS A prior section 6362, Pub. L. 89–10, title I, § 1202, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1535; amended Pub. L. 108–7, div. G, title III, § 305, Feb. 20, 2003, 117 Stat. 333, authorized formula grants to State educational agencies, prior to the general amend- ment of this part by Pub. L. 114–95. Another prior section 6362, Pub. L. 89–10, title I, § 1202, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3578; amended Pub. L. 105–220, title II, § 251(b)(2)(A), Aug. 7, 1998, 112 Stat. 1079; Pub. L. 105–277, div. A, § 101(f) [title VIII, §§ 201, 202], Oct. 21, 1998, 112 Stat. 2681–337, 2681–407, 2681–408; Pub. L. 106–554, § 1(a)(4) [div. B, title XVI, §§ 1604(c)–(e), 1606(b)(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A–329, 2763A–330, 2763A–334, author- ized Even Start program, prior to the general amend- ment of this subchapter by Pub. L. 107–110. A prior section 1202 of Pub. L. 89–10 was classified to section 2782 of this title, prior to the general amend- ment of Pub. L. 89–10 by Pub. L. 103–382. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 114–95, set out as an Ef- fective Date of 2015 Amendment note under section 6301 of this title. § 6363. Allotment of appropriated funds (a) Amounts equal to or less than trigger amount From amounts made available for each fiscal year under subsection 1 6302(b) of this title that are equal to or less than the amount described in section 6311(b)(2)(I) of this title, the Secretary shall— (1) reserve one-half of 1 percent for the Bu- reau of Indian Education; (2) reserve one-half of 1 percent for the out- lying areas; (3) reserve not more than 20 percent to carry out section 6362 of this title; and (4) from the remainder, carry out section 6361 of this title by allocating to each State an amount equal to— (A) $3,000,000, except for a fiscal year for which the amounts available are insufficient to allocate such amount to each State, the Secretary shall ratably reduce such amount for each State; and (B) with respect to any amounts remaining after the allocation under subparagraph (A), an amount that bears the same relationship to such total remaining amounts as the number of students aged 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such stu- dents in all States. (b) Amounts above trigger amount For any fiscal year for which the amount made available for a fiscal year under sub- section 1 6302(b) of this title exceeds the amount described in section 6311(b)(2)(I) of this title, the Secretary shall make such excess amount avail- able as follows: (1) Competitive grants (A) In general The Secretary shall first use such funds to award grants, on a competitive basis, to State educational agencies or consortia of