ESRA Law

PUBLIC LAW 107–279—NOV. 5, 2002

EDUCATION SCIENCES REFORM

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116 STAT. 1940

PUBLIC LAW 107–279—NOV. 5, 2002

Public Law 107–279
107th Congress
An Act
Nov. 5, 2002
[H.R. 3801]

To provide for improvement of Federal education research, statistics, evaluation,
information, and dissemination, and for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. TABLE OF CONTENTS.

The table of contents for this Act is as follows:
Sec. 1. Table of contents.
TITLE I—EDUCATION SCIENCES REFORM
Sec. 101. Short title.
Sec. 102. Definitions.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

111.
112.
113.
114.
115.
116.
117.
118.
119.
120.

PART A—THE INSTITUTE OF EDUCATION SCIENCES
Establishment.
Functions.
Delegation.
Office of the Director.
Priorities.
National Board for Education Sciences.
Commissioners of the National Education Centers.
Agreements.
Biennial report.
Competitive awards.

Sec.
Sec.
Sec.
Sec.

131.
132.
133.
134.

PART B—NATIONAL CENTER FOR EDUCATION RESEARCH
Establishment.
Commissioner for Education Research.
Duties.
Standards for conduct and evaluation of research.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

151.
152.
153.
154.
155.
156.
157.
158.

PART C—NATIONAL CENTER FOR EDUCATION STATISTICS
Establishment.
Commissioner for Education Statistics.
Duties.
Performance of duties.
Reports.
Dissemination.
Cooperative education statistics systems.
State defined.

PART D—NATIONAL CENTER
Sec.
Sec.
Sec.
Sec.

171.
172.
173.
174.

EDUCATION EVALUATION
ASSISTANCE

FOR

AND

REGIONAL

Establishment.
Commissioner for Education Evaluation and Regional Assistance.
Evaluations.
Regional educational laboratories for research, development, dissemination, and technical assistance.

PART E—GENERAL PROVISIONS
Sec. 181. Interagency data sources and formats.

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PUBLIC LAW 107–279—NOV. 5, 2002
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

182.
183.
184.
185.
186.
187.
188.
189.
190.
191.
192.
193.
194.

Prohibitions.
Confidentiality.
Availability of data.
Performance management.
Authority to publish.
Vacancies.
Scientific or technical employees.
Fellowships.
Voluntary service.
Rulemaking.
Copyright.
Removal.
Authorization of appropriations.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

201.
202.
203.
204.
205.
206.
207.
208.
209.

TITLE II—EDUCATIONAL TECHNICAL ASSISTANCE
Short title.
Definitions.
Comprehensive centers.
Evaluations.
Existing technical assistance providers.
Regional advisory committees.
Priorities.
Grant program for statewide, longitudinal data systems.
Authorization of appropriations.

116 STAT. 1941

TITLE III—NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Authorization of appropriations.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

401.
402.
403.
404.
405.
406.

TITLE IV—AMENDATORY PROVISIONS
Redesignations.
Amendments to Department of Education Organization Act.
Repeals.
Conforming and technical amendments.
Orderly transition.
Impact aid.

TITLE I—EDUCATION SCIENCES
REFORM
SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘Education Sciences Reform
Act of 2002’’.
SEC. 102. DEFINITIONS.

Education
Sciences Reform
Act of 2002.
20 USC 9501
note.

20 USC 9501.

In this title:
(1) IN GENERAL.—The terms ‘‘elementary school’’, ‘‘secondary school’’, ‘‘local educational agency’’, and ‘‘State educational agency’’ have the meanings given those terms in section
9101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801) and the terms ‘‘freely associated states’’ and
‘‘outlying area’’ have the meanings given those terms in section
1121(c) of such Act (20 U.S.C. 6331(c)).
(2) APPLIED RESEARCH.—The term ‘‘applied research’’
means research—
(A) to gain knowledge or understanding necessary for
determining the means by which a recognized and specific
need may be met; and
(B) that is specifically directed to the advancement
of practice in the field of education.
(3) BASIC RESEARCH.—The term ‘‘basic research’’ means
research—

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116 STAT. 1942

PUBLIC LAW 107–279—NOV. 5, 2002
(A) to gain fundamental knowledge or understanding
of phenomena and observable facts, without specific
application toward processes or products; and
(B) for the advancement of knowledge in the field
of education.
(4) BOARD.—The term ‘‘Board’’ means the National Board
for Education Sciences established under section 116.
(5) BUREAU.—The term ‘‘Bureau’’ means the Bureau of
Indian Affairs.
(6) COMPREHENSIVE CENTER.—The term ‘‘comprehensive
center’’ means an entity established under section 203 of the
Educational Technical Assistance Act of 2002.
(7) DEPARTMENT.—The term ‘‘Department’’ means the
Department of Education.
(8) DEVELOPMENT.—The term ‘‘development’’ means the
systematic use of knowledge or understanding gained from
the findings of scientifically valid research and the shaping
of that knowledge or understanding into products or processes
that can be applied and evaluated and may prove useful in
areas such as the preparation of materials and new methods
of instruction and practices in teaching, that lead to the
improvement of the academic skills of students, and that are
replicable in different educational settings.
(9) DIRECTOR.—The term ‘‘Director’’ means the Director
of the Institute of Education Sciences.
(10) DISSEMINATION.—The term ‘‘dissemination’’ means the
communication and transfer of the results of scientifically valid
research, statistics, and evaluations, in forms that are understandable, easily accessible, and usable, or adaptable for use
in, the improvement of educational practice by teachers,
administrators, librarians, other practitioners, researchers, parents, policymakers, and the public, through technical assistance, publications, electronic transfer, and other means.
(11) EARLY CHILDHOOD EDUCATOR.—The term ‘‘early childhood educator’’ means a person providing, or employed by a
provider of, nonresidential child care services (including centerbased, family-based, and in-home child care services) that is
legally operating under State law, and that complies with
applicable State and local requirements for the provision of
child care services to children at any age from birth through
the age at which a child may start kindergarten in that State.
(12) FIELD-INITIATED RESEARCH.—The term ‘‘field-initiated
research’’ means basic research or applied research in which
specific questions and methods of study are generated by investigators (including teachers and other practitioners) and that
conforms to standards of scientifically valid research.
(13) HISTORICALLY BLACK COLLEGE OR UNIVERSITY.—The
term ‘‘historically Black college or university’’ means a part
B institution as defined in section 322 of the Higher Education
Act of 1965 (20 U.S.C. 1061).
(14) INSTITUTE.—The term ‘‘Institute’’ means the Institute
of Education Sciences established under section 111.
(15) INSTITUTION OF HIGHER EDUCATION.—The term
‘‘institution of higher education’’ has the meaning given that
term in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)).

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(16) NATIONAL RESEARCH AND DEVELOPMENT CENTER.—The
term ‘‘national research and development center’’ means a
research and development center supported under section
133(c).
(17) PROVIDER OF EARLY CHILDHOOD SERVICES.—The term
‘‘provider of early childhood services’’ means a public or private
entity that serves young children, including—
(A) child care providers;
(B) Head Start agencies operating Head Start programs, and entities carrying out Early Head Start programs, under the Head Start Act (42 U.S.C. 9831 et seq.);
(C) preschools;
(D) kindergartens; and
(E) libraries.
(18) SCIENTIFICALLY BASED RESEARCH STANDARDS.—(A) The
term ‘‘scientifically based research standards’’ means research
standards that—
(i) apply rigorous, systematic, and objective methodology to obtain reliable and valid knowledge relevant to
education activities and programs; and
(ii) present findings and make claims that are appropriate to and supported by the methods that have been
employed.
(B) The term includes, appropriate to the research being
conducted—
(i) employing systematic, empirical methods that draw
on observation or experiment;
(ii) involving data analyses that are adequate to support the general findings;
(iii) relying on measurements or observational methods
that provide reliable data;
(iv) making claims of causal relationships only in
random assignment experiments or other designs (to the
extent such designs substantially eliminate plausible competing explanations for the obtained results);
(v) ensuring that studies and methods are presented
in sufficient detail and clarity to allow for replication or,
at a minimum, to offer the opportunity to build systematically on the findings of the research;
(vi) obtaining acceptance by a peer-reviewed journal
or approval by a panel of independent experts through
a comparably rigorous, objective, and scientific review; and
(vii) using research designs and methods appropriate
to the research question posed.
(19) SCIENTIFICALLY VALID EDUCATION EVALUATION.—The
term ‘‘scientifically valid education evaluation’’ means an
evaluation that—
(A) adheres to the highest possible standards of quality
with respect to research design and statistical analysis;
(B) provides an adequate description of the programs
evaluated and, to the extent possible, examines the relationship between program implementation and program
impacts;
(C) provides an analysis of the results achieved by
the program with respect to its projected effects;

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116 STAT. 1944

PUBLIC LAW 107–279—NOV. 5, 2002
(D) employs experimental designs using random
assignment, when feasible, and other research methodologies that allow for the strongest possible causal inferences
when random assignment is not feasible; and
(E) may study program implementation through a combination of scientifically valid and reliable methods.
(20) SCIENTIFICALLY VALID RESEARCH.—The term ‘‘scientifically valid research’’ includes applied research, basic research,
and field-initiated research in which the rationale, design, and
interpretation are soundly developed in accordance with scientifically based research standards.
(21) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Education.
(22) STATE.—The term ‘‘State’’ includes (except as provided
in section 158) each of the 50 States, the District of Columbia,
the Commonwealth of Puerto Rico, the freely associated states,
and the outlying areas.
(23) TECHNICAL ASSISTANCE.—The term ‘‘technical assistance’’ means—
(A) assistance in identifying, selecting, or designing
solutions based on research, including professional development and high-quality training to implement solutions
leading to—
(i) improved educational and other practices and
classroom instruction based on scientifically valid
research; and
(ii) improved planning, design, and administration
of programs;
(B) assistance in interpreting, analyzing, and utilizing
statistics and evaluations; and
(C) other assistance necessary to encourage the
improvement of teaching and learning through the applications of techniques supported by scientifically valid
research.
PART A—THE INSTITUTE OF EDUCATION SCIENCES

20 USC 9511.

SEC. 111. ESTABLISHMENT.

(a) ESTABLISHMENT.—There shall be in the Department the
Institute of Education Sciences, to be administered by a Director
(as described in section 114) and, to the extent set forth in section
116, a board of directors.
(b) MISSION.—
(1) IN GENERAL.—The mission of the Institute is to provide
national leadership in expanding fundamental knowledge and
understanding of education from early childhood through postsecondary study, in order to provide parents, educators, students, researchers, policymakers, and the general public with
reliable information about—
(A) the condition and progress of education in the
United States, including early childhood education;
(B) educational practices that support learning and
improve academic achievement and access to educational
opportunities for all students; and
(C) the effectiveness of Federal and other education
programs.

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116 STAT. 1945

(2) CARRYING OUT MISSION.—In carrying out the mission
described in paragraph (1), the Institute shall compile statistics,
develop products, and conduct research, evaluations, and wide
dissemination activities in areas of demonstrated national need
(including in technology areas) that are supported by Federal
funds appropriated to the Institute and ensure that such
activities—
(A) conform to high standards of quality, integrity,
and accuracy; and
(B) are objective, secular, neutral, and nonideological
and are free of partisan political influence and racial, cultural, gender, or regional bias.
(c) ORGANIZATION.—The Institute shall consist of the following:
(1) The Office of the Director (as described in section 114).
(2) The National Board for Education Sciences (as described
in section 116).
(3) The National Education Centers, which include—
(A) the National Center for Education Research (as
described in part B);
(B) the National Center for Education Statistics (as
described in part C); and
(C) the National Center for Education Evaluation and
Regional Assistance (as described in part D).
SEC. 112. FUNCTIONS.

20 USC 9512.

From funds appropriated under section 194, the Institute,
directly or through grants, contracts, or cooperative agreements,
shall—
(1) conduct and support scientifically valid research activities, including basic research and applied research, statistics
activities, scientifically valid education evaluation, development, and wide dissemination;
(2) widely disseminate the findings and results of scientifically valid research in education;
(3) promote the use, development, and application of knowledge gained from scientifically valid research activities;
(4) strengthen the national capacity to conduct, develop,
and widely disseminate scientifically valid research in education;
(5) promote the coordination, development, and dissemination of scientifically valid research in education within the
Department and the Federal Government; and
(6) promote the use and application of research and
development to improve practice in the classroom.
SEC. 113. DELEGATION.

20 USC 9513.

(a) DELEGATION OF AUTHORITY.—Notwithstanding section 412
of the Department of Education Organization Act (20 U.S.C. 3472),
the Secretary shall delegate to the Director all functions for carrying
out this title (other than administrative and support functions),
except that—
(1) nothing in this title or in the National Assessment
of Educational Progress Authorization Act (except section
302(e)(1)(J) of such Act) shall be construed to alter or diminish
the role, responsibilities, or authority of the National Assessment Governing Board with respect to the National Assessment
of Educational Progress (including with respect to the methodologies of the National Assessment of Educational Progress

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described in section 302(e)(1)(E)) from those authorized by the
National Education Statistics Act of 1994 (20 U.S.C. 9001 et
seq.) on the day before the date of enactment of this Act;
(2) members of the National Assessment Governing Board
shall continue to be appointed by the Secretary;
(3) section 302(f)(1) of the National Assessment of Educational Progress Authorization Act shall apply to the National
Assessment Governing Board in the exercise of its responsibilities under this Act;
(4) sections 115 and 116 shall not apply to the National
Assessment of Educational Progress; and
(5) sections 115 and 116 shall not apply to the National
Assessment Governing Board.
(b) OTHER ACTIVITIES.—The Secretary may assign the Institute
responsibility for administering other activities, if those activities
are consistent with—
(1) the Institute’s priorities, as approved by the National
Board for Education Sciences under section 116, and the
Institute’s mission, as described in section 111(b); or
(2) the Institute’s mission, but only if those activities do
not divert the Institute from its priorities.
20 USC 9514.

SEC. 114. OFFICE OF THE DIRECTOR.

(a) APPOINTMENT.—Except as provided in subsection (b)(2), the
President, by and with the advice and consent of the Senate, shall
appoint the Director of the Institute.
(b) TERM.—
(1) IN GENERAL.—The Director shall serve for a term of
6 years, beginning on the date of appointment of the Director.
(2) FIRST DIRECTOR.—The President, without the advice
and consent of the Senate, may appoint the Assistant Secretary
for the Office of Educational Research and Improvement (as
such office existed on the day before the date of enactment
of this Act) to serve as the first Director of the Institute.
(3) SUBSEQUENT DIRECTORS.—The Board may make recommendations to the President with respect to the appointment
of a Director under subsection (a), other than a Director
appointed under paragraph (2).
(c) PAY.—The Director shall receive the rate of basic pay for
level II of the Executive Schedule.
(d) QUALIFICATIONS.—The Director shall be selected from
individuals who are highly qualified authorities in the fields of
scientifically valid research, statistics, or evaluation in education,
as well as management within such areas, and have a demonstrated
capacity for sustained productivity and leadership in these areas.
(e) ADMINISTRATION.—The Director shall—
(1) administer, oversee, and coordinate the activities carried
out under the Institute, including the activities of the National
Education Centers; and
(2) coordinate and approve budgets and operating plans
for each of the National Education Centers for submission
to the Secretary.
(f) DUTIES.—The duties of the Director shall include the following:
(1) To propose to the Board priorities for the Institute,
in accordance with section 115(a).

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116 STAT. 1947

(2) To ensure the methodology applied in conducting
research, development, evaluation, and statistical analysis is
consistent with the standards for such activities under this
title.
(3) To coordinate education research and related activities
carried out by the Institute with such research and activities
carried out by other agencies within the Department and the
Federal Government.
(4) To advise the Secretary on research, evaluation, and
statistics activities relevant to the activities of the Department.
(5) To establish necessary procedures for technical and
scientific peer review of the activities of the Institute, consistent
with section 116(b)(3).
(6) To ensure that all participants in research conducted
or supported by the Institute are afforded their privacy rights
and other relevant protections as research subjects, in accordance with section 183 of this title, section 552a of title 5,
United States Code, and sections 444 and 445 of the General
Education Provisions Act (20 U.S.C. 1232g, 1232h).
(7) To ensure that activities conducted or supported by
the Institute are objective, secular, neutral, and nonideological
and are free of partisan political influence and racial, cultural,
gender, or regional bias.
(8) To undertake initiatives and programs to increase the
participation of researchers and institutions that have been
historically underutilized in Federal education research activities of the Institute, including historically Black colleges or
universities or other institutions of higher education with large
numbers of minority students.
(9) To coordinate with the Secretary to promote and provide
for the coordination of research and development activities and
technical assistance activities between the Institute and comprehensive centers.
(10) To solicit and consider the recommendations of education stakeholders, in order to ensure that there is broad
and regular public and professional input from the educational
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 activities consistent
with the priorities and mission of the Institute.
(g) EXPERT GUIDANCE AND ASSISTANCE.—The Director may
establish technical and scientific peer-review groups and scientific
program advisory committees for research and evaluations that
the Director determines are necessary to carry out the requirements
of this title. The Director shall appoint such personnel, 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 reviewers are highly qualified and capable to appraise
education research and development projects. The Federal Advisory
Committee Act (5 U.S.C. App.) 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 officers of the Department, and shall, when directed by the Secretary,

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review the products and publications of other offices of the Department to certify that evidence-based claims about those products
and publications are scientifically valid.
20 USC 9515.

SEC. 115. PRIORITIES.

(a) PROPOSAL.—The Director shall propose to the Board priorities 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 research and topics that are
focused on understanding and solving particular education problems
and issues, including those associated 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—
(1) closing the achievement gap between high-performing
and low-performing children, especially achievement gaps
between minority and nonminority children and between disadvantaged children and such children’s more advantaged
peers; and
(2) ensuring—
(A) that all children have the ability to obtain a highquality 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, postsecondary education; and
(C) the efficacy, impact on academic achievement, and
cost-effectiveness of technology use within the Nation’s
schools.
(b) APPROVAL.—The Board shall approve or disapprove the
priorities for the Institute proposed by the Director, including any
necessary revision of those priorities. The Board shall transmit
any priorities so approved to the appropriate congressional 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
priorities for the Institute, the Director shall make such priorities available to the public for comment for not less than
60 days (including by means of the Internet and through publishing such priorities in the Federal Register). The Director
shall provide to the Board a copy of each such comment submitted.
(2) PLAN.—Upon approval of such priorities, the Director
shall make the Institute’s plan for addressing such priorities
available for public comment in the same manner as under
paragraph (1).
20 USC 9516.

SEC. 116. 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:

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(1) To advise and consult with the Director on the policies
of the Institute.
(2) To consider and approve priorities proposed by the
Director under section 115 to guide the work of the Institute.
(3) To review and approve procedures for technical and
scientific peer review of the activities of the Institute.
(4) To advise the Director on the establishment of activities
to be supported by the Institute, including the general areas
of research to be carried out by the National Center for Education Research.
(5) To present to the Director such recommendations as
it may find appropriate for—
(A) the strengthening of education research; and
(B) the funding of the Institute.
(6) To advise the Director on the funding of applications
for grants, contracts, and cooperative agreements for research,
after the completion of peer review.
(7) To review and regularly evaluate the work of the
Institute, to ensure that scientifically valid research, development, evaluation, and statistical analysis are consistent with
the standards for such activities under this title.
(8) To advise the Director on ensuring that activities conducted or supported by the Institute are objective, secular,
neutral, and nonideological and are free of partisan political
influence and racial, cultural, gender, or regional 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 integrated 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 disabilities in education research, statistics, and
evaluation activities of the Institute.
(11) To recommend to the Director ways to enhance strategic partnerships and collaborative efforts among other Federal
and State research agencies.
(12) To recommend to the Director individuals to serve
as Commissioners of the National Education Centers.
(c) COMPOSITION.—
(1) VOTING MEMBERS.—The Board shall have 15 voting
members appointed by the President, by and with the advice
and consent of the Senate.
(2) ADVICE.—The President shall solicit advice regarding
individuals to serve on the Board from the National Academy
of Sciences, the National Science Board, and the National
Science Advisor.
(3) NONVOTING EX OFFICIO MEMBERS.—The Board shall
have the following nonvoting ex officio members:
(A) The Director of the Institute of Education Sciences.
(B) Each of the Commissioners of the National Education Centers.
(C) The Director of the National Institute of Child
Health and Human Development.
(D) The Director of the Census.

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116 STAT. 1950

PUBLIC LAW 107–279—NOV. 5, 2002
(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 education
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
researchers 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 professional educators, parents
(including parents with experience in promoting
parental involvement in education), Chief State School
Officers, State postsecondary education executives,
presidents of institutions of higher education, local educational agency superintendents, early childhood
experts, principals, members of State or local boards
of education or Bureau-funded school boards, and
individuals from business and industry with experience
in promoting private sector involvement in education.
(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 appointed
under such paragraph shall (as determined by a
random selection process at the time of appointment)
be for staggered terms of—
(I) 4 years for each of 5 members;
(II) 3 years for each of 5 members; and
(III) 2 years for each of 5 members; and
(ii) no member appointed under such paragraph
shall serve for more than 2 consecutive terms.
(C) UNEXPIRED TERMS.—Any member appointed to fill
a vacancy occurring before the expiration of the term for
which the member’s predecessor was appointed shall be
appointed only for the remainder of that term.
(D) CONFLICT OF INTEREST.—A voting member of the
Board shall be considered a special Government employee
for the purposes of the Ethics in Government Act of 1978.
(5) CHAIR.—The Board shall elect a chair from among
the members of the Board.
(6) COMPENSATION.—Members of the Board shall serve
without pay for such service. Members of the Board who are
officers or employees of the United States may not receive
additional pay, allowances, or benefits by reason of their service
on the Board.
(7) TRAVEL EXPENSES.—The members of the Board shall
receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title
5, United States Code.
(8) POWERS OF THE BOARD.—
(A) EXECUTIVE DIRECTOR.—The Board shall have an
Executive Director who shall be appointed by the Board.

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(B) ADDITIONAL STAFF.—The Board shall utilize such
additional staff as may be appointed or assigned by the
Director, in consultation with the Chair and the Executive
Director.
(C) DETAIL OF PERSONNEL.—The Board may use the
services and facilities of any department or agency of the
Federal Government. Upon the request of the Board, the
head of any Federal department or agency may detail any
of the personnel of that department or agency to the Board
to assist the Board in carrying out this Act.
(D) CONTRACTS.—The Board may enter into contracts
or make other arrangements as may be necessary to carry
out its functions.
(E) INFORMATION.—The Board may, to the extent otherwise permitted by law, obtain directly from any executive
department or agency of the Federal Government such
information as the Board determines necessary to carry
out its functions.
(9) MEETINGS.—The Board shall meet not less than 3 times
each year. The Board shall hold additional meetings at the
call of the Chair or upon the written request of not less than
6 voting members of the Board. Meetings of the Board shall
be open to the public.
(10) QUORUM.—A majority of the voting members of the
Board serving at the time of the meeting shall constitute a
quorum.
(d) STANDING COMMITTEES.—
(1) ESTABLISHMENT.—The Board may establish standing
committees—
(A) that will each serve 1 of the National Education
Centers; and
(B) to advise, consult with, and make recommendations
to the Director and the Commissioner of the appropriate
National Education Center.
(2) MEMBERSHIP.—A majority of the members of each
standing committee shall be voting members of the Board whose
expertise is needed for the functioning of the committee. In
addition, the membership of each standing committee may
include, as appropriate—
(A) experts and scientists in research, statistics,
evaluation, or development who are recognized in their
discipline as highly qualified to represent such discipline
and who are not members of the Board, but who may
have been recommended by the Commissioner of the appropriate National Education Center and approved by the
Board;
(B) ex officio members of the Board; and
(C) policymakers and expert practitioners with knowledge of, and experience using, the results of research,
evaluation, and statistics who are not members of the
Board, but who may have been recommended by the
Commissioner of the appropriate National Education
Center and approved by the Board.
(3) DUTIES.—Each standing committee shall—
(A) review and comment, at the discretion of the Board
or the standing committee, on any grant, contract, or

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116 STAT. 1952

Deadline.

Reports.
Deadline.

20 USC 9517.

PUBLIC LAW 107–279—NOV. 5, 2002

cooperative agreement entered into (or proposed to be
entered into) by the applicable National Education Center;
(B) prepare for, and submit to, the Board an annual
evaluation of the operations of the applicable National Education Center;
(C) review and comment on the relevant plan for activities to be undertaken by the applicable National Education
Center for each fiscal year; and
(D) report periodically to the Board regarding the
activities of the committee and the applicable National
Education Center.
(e) ANNUAL REPORT.—The Board shall submit to the Director,
the Secretary, and the appropriate congressional committees, not
later than July 1 of each year, a report that assesses the effectiveness of the Institute in carrying out its priorities and mission,
especially as such priorities and mission relate to carrying out
scientifically valid research, conducting unbiased evaluations, collecting and reporting accurate education statistics, and translating
research into practice.
(f) RECOMMENDATIONS.—The Board shall submit to the
Director, the Secretary, and the appropriate congressional committees a report that includes any recommendations regarding any
actions that may be taken to enhance the ability of the Institute
to carry out its priorities and mission. The Board shall submit
an interim report not later than 3 years after the date of enactment
of this Act and a final report not later than 5 years after such
date of enactment.
SEC. 117. COMMISSIONERS OF THE NATIONAL EDUCATION CENTERS.

(a) APPOINTMENT OF COMMISSIONERS.—
(1) IN GENERAL.—Except as provided in subsection (b), each
of the National Education Centers shall be headed by a
Commissioner appointed by the Director. In appointing
Commissioners, the Director shall seek to promote continuity
in leadership of the National Education Centers and shall consider individuals recommended by the Board. The Director may
appoint a Commissioner to carry out the functions of a National
Education Center without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service, and the provisions of chapter 51 and subchapter III
of chapter 53 of such title relating to classification and General
Schedule pay rates.
(2) PAY AND QUALIFICATIONS.—Except as provided in subsection (b), each Commissioner shall—
(A) receive the rate of basic pay for level IV of the
Executive Schedule; and
(B) be highly qualified in the field of education research
or evaluation.
(3) SERVICE.—Except as provided in subsection (b), each
Commissioner shall report to the Director. A Commissioner
shall serve for a period of not more than 6 years, except
that a Commissioner—
(A) may be reappointed by the Director; and
(B) may serve after the expiration of that Commissioner’s term, until a successor has been appointed, for
a period not to exceed 1 additional year.

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(b) APPOINTMENT OF COMMISSIONER FOR EDUCATION STATISTICS.—The National Center for Education Statistics shall be headed
by a Commissioner for Education Statistics who shall be appointed
by the President, by and with the advice and consent of the Senate,
and who shall—
(1) have substantial knowledge of programs assisted by
the National Center for Education Statistics;
(2) receive the rate of basic pay for level IV of the Executive
Schedule; and
(3) serve for a term of 6 years, with the term to expire
every sixth June 21, beginning in 2003.
(c) COORDINATION.—Each Commissioner of a National Education Center shall coordinate with each of the other Commissioners
of the National Education Centers in carrying out such Commissioner’s duties under this title.
(d) SUPERVISION AND APPROVAL.—Each Commissioner, except
the Commissioner for Education Statistics, shall carry out such
Commissioner’s duties under this title under the supervision and
subject to the approval of the Director.
SEC. 118. AGREEMENTS.

20 USC 9518.

The Institute may carry out research projects of common
interest with entities such as the National Science Foundation
and the National Institute of Child Health and Human Development
through agreements with such entities that are in accordance with
section 430 of the General Education Provisions Act (20 U.S.C.
1231).
SEC. 119. BIENNIAL REPORT.

20 USC 9519.

The Director shall, on a biennial basis, transmit to the President, the Board, and the appropriate congressional committees,
and make widely available to the public (including by means of
the Internet), a report containing the following:
(1) A description of the activities carried out by and through
the National Education Centers during the prior fiscal years.
(2) A summary of each grant, contract, and cooperative
agreement in excess of $100,000 funded through the National
Education Centers during the prior fiscal years, including, at
a minimum, the amount, duration, recipient, purpose of the
award, and the relationship, if any, to the priorities and mission
of the Institute, which shall be available in a user-friendly
electronic database.
(3) A description of how the activities of the National
Education Centers are consistent with the principles of scientifically valid research and the priorities and mission of the
Institute.
(4) Such additional comments, recommendations, and materials as the Director considers appropriate.
SEC. 120. COMPETITIVE AWARDS.

20 USC 9520.

Activities carried out under this Act through grants, contracts,
or cooperative agreements, at a minimum, shall be awarded on
a competitive basis and, when practicable, through a process of
peer review.

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116 STAT. 1954

PUBLIC LAW 107–279—NOV. 5, 2002
PART B—NATIONAL CENTER FOR EDUCATION
RESEARCH

20 USC 9531.

SEC. 131. ESTABLISHMENT.

(a) ESTABLISHMENT.—There is established in the Institute a
National Center for Education Research (in this part referred to
as the ‘‘Research Center’’).
(b) MISSION.—The mission of the Research Center is—
(1) to sponsor sustained research that will lead to the
accumulation of knowledge and understanding of education,
to—
(A) ensure that all children have access to a highquality education;
(B) improve student academic achievement, including
through the use of educational technology;
(C) close the achievement gap between high-performing
and low-performing students through the improvement of
teaching and learning of reading, writing, mathematics,
science, and other academic subjects; and
(D) improve access to, and opportunity for, postsecondary education;
(2) to support the synthesis and, as appropriate, the
integration of education research;
(3) to promote quality and integrity through the use of
accepted practices of scientific inquiry to obtain knowledge and
understanding of the validity of education theories, practices,
or conditions; and
(4) to promote scientifically valid research findings that
can provide the basis for improving academic instruction and
lifelong learning.
20 USC 9532.

SEC. 132. COMMISSIONER FOR EDUCATION RESEARCH.

The Research Center shall be headed by a Commissioner for
Education Research (in this part referred to as the ‘‘Research
Commissioner’’) who shall have substantial knowledge of the activities of the Research Center, including a high level of expertise
in the fields of research and research management.
20 USC 9533.

SEC. 133. DUTIES.

(a) GENERAL DUTIES.—The Research Center shall—
(1) maintain published peer-review standards and standards for the conduct and evaluation of all research and development carried out under the auspices of the Research Center
in accordance with this part;
(2) propose to the Director a research plan that—
(A) is consistent with the priorities and mission of
the Institute and the mission of the Research Center and
includes the activities described in paragraph (3); and
(B) shall be carried out pursuant to paragraph (4)
and, as appropriate, be updated and modified;
(3) carry out specific, long-term research activities that
are consistent with the priorities and mission of the Institute,
and are approved by the Director;
(4) implement the plan proposed under paragraph (2) to
carry out scientifically valid research that—

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(A) uses objective and measurable indicators, including
timelines, that are used to assess the progress and results
of such research;
(B) meets the procedures for peer review established
by the Director under section 114(f)(5) and the standards
of research described in section 134; and
(C) includes both basic research and applied research,
which shall include research conducted through field-initiated research and ongoing research initiatives;
(5) promote the use of scientifically valid research within
the Federal Government, including active participation in interagency research projects described in section 118;
(6) ensure that research conducted under the direction
of the Research Center is relevant to education practice and
policy;
(7) synthesize and disseminate, through the National
Center for Education Evaluation and Regional Assistance, the
findings and results of education research conducted or supported by the Research Center;
(8) assist the Director in the preparation of a biennial
report, as described in section 119;
(9) carry out research on successful State and local education reform activities, including those that result in increased
academic achievement and in closing the achievement gap,
as approved by the Director;
(10) carry out research initiatives regarding the impact
of technology, including—
(A) research into how technology affects student
achievement;
(B) long-term research into cognition and learning
issues as they relate to the uses of technology;
(C) rigorous, peer-reviewed, large-scale, long-term, and
broadly applicable empirical research that is designed to
determine which approaches to the use of technology are
most effective and cost-efficient in practice and under what
conditions; and
(D) field-based research on how teachers implement
technology and Internet-based resources in the classroom,
including an understanding how these resources are being
accessed, put to use, and the effectiveness of such resources;
and
(11) carry out research that is rigorous, peer-reviewed,
and large scale to determine which methods of mathematics
and science teaching are most effective, cost efficient, and able
to be applied, duplicated, and scaled up for use in elementary
and secondary classrooms, including in low-performing schools,
to improve the teaching of, and student achievement in, mathematics and science as required under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
(b) ELIGIBILITY.—Research carried out under subsection (a)
through contracts, grants, or cooperative agreements shall be carried out only by recipients with the ability and capacity to conduct
scientifically valid research.
(c) NATIONAL RESEARCH AND DEVELOPMENT CENTERS.—
(1) SUPPORT.—In carrying out activities under subsection
(a)(3), the Research Commissioner shall support not less than
8 national research and development centers. The Research

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116 STAT. 1956

PUBLIC LAW 107–279—NOV. 5, 2002
Commissioner shall assign each of the 8 national research
and development centers not less than 1 of the topics described
in paragraph (2). In addition, the Research Commissioner may
assign each of the 8 national research and development centers
additional topics of research consistent with the mission and
priorities of the Institute and the mission of the Research
Center.
(2) TOPICS OF RESEARCH.—The Research Commissioner
shall support the following topics of research, through national
research and development centers or through other means:
(A) Adult literacy.
(B) Assessment, standards, and accountability
research.
(C) Early childhood development and education.
(D) English language learners research.
(E) Improving low achieving schools.
(F) Innovation in education reform.
(G) State and local policy.
(H) Postsecondary education and training.
(I) Rural education.
(J) Teacher quality.
(K) Reading and literacy.
(3) DUTIES OF CENTERS.—The national research and
development centers shall address areas of national need,
including in educational technology areas. The Research
Commissioner may support additional national research and
development centers 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 incorporate the potential or existing role of educational technology,
where appropriate, in achieving the goals of each center.
(4) SCOPE.—Support for a national research and development center shall be for a period of not more than 5 years,
shall be of sufficient size and scope to be effective, and notwithstanding section 134(b), may be renewed without competition
for not more than 5 additional years if the Director, in consultation with the Research Commissioner and the Board, determines that the research of the national research and development center—
(A) continues to address priorities of the Institute;
and
(B) merits renewal (applying the procedures and standards established in section 134).
(5) LIMIT.—No national research and development center
may be supported under this subsection for a period of more
than 10 years without submitting 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 the date of enactment
of this Act 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 background.

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SEC. 134. STANDARDS FOR CONDUCT AND EVALUATION OF RESEARCH.

20 USC 9534.

(a) IN GENERAL.—In carrying out this part, the Research
Commissioner 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 evaluation of all research, development,
and wide dissemination activities carried out by the Research
Center to assure that such activities meet the highest standards
of professional excellence;
(3) review the procedures utilized by the National Institutes
of Health, the National Science Foundation, and other Federal
departments or agencies engaged in research and development,
and actively solicit recommendations from research organizations and members 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 misconduct.
(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 evaluating 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
linking test scores, enrollment, and graduation rates over
time) which shall be considered in making such evaluations;
and
(B) evaluate the performance of each recipient of an
award of a research grant, contract, or cooperative agreement at the conclusion of the award.
(c) LONG-TERM RESEARCH.—The Research Commissioner shall
ensure that not less than 50 percent of the funds made available
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.
PART C—NATIONAL CENTER FOR EDUCATION
STATISTICS
SEC. 151. ESTABLISHMENT.

20 USC 9541.

(a) ESTABLISHMENT.—There is established in the Institute a
National 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 information and statistics in a manner that meets the highest methodological standards;

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PUBLIC LAW 107–279—NOV. 5, 2002
(2) to report education information and statistics 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 nonideological
and is free of partisan political influence and racial, cultural, gender, or regional bias; and
(B) is relevant and useful to practitioners, researchers,
policymakers, and the public.

20 USC 9542.

SEC. 152. COMMISSIONER FOR EDUCATION STATISTICS.

The Statistics Center shall be headed by a Commissioner for
Education Statistics (in this part referred to as the ‘‘Statistics
Commissioner’’) who shall be highly qualified and have substantial
knowledge of statistical methodologies and activities undertaken
by the Statistics Center.
20 USC 9543.

SEC. 153. 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 characteristics
described in paragraph (3)) on the condition and progress of
education, at the preschool, elementary, secondary, postsecondary, and adult levels in the United States, including data
on—
(A) State and local education reform activities;
(B) State and local early childhood school readiness
activities;
(C) student achievement in, at a minimum, the core
academic areas of reading, mathematics, and science at
all levels of education;
(D) secondary school completions, dropouts, and adult
literacy and reading skills;
(E) access to, and opportunity for, postsecondary education, including data on financial aid to postsecondary
students;
(F) teaching, including—
(i) data on in-service professional development,
including a comparison of courses taken in the core
academic areas of reading, mathematics, and science
with courses in noncore academic areas, including technology courses; and
(ii) the percentage of teachers who are highly qualified (as such term is defined in section 9101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)) in each State and, where feasible, in
each local educational agency and school;
(G) instruction, the conditions of the education workplace, and the supply of, and demand for, teachers;
(H) the incidence, frequency, seriousness, and nature
of violence affecting students, school personnel, and other
individuals participating in school activities, as well as
other indices of school safety, including information
regarding—

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(i) the relationship between victims and perpetrators;
(ii) demographic characteristics of the victims and
perpetrators; and
(iii) the type of weapons used in incidents, as
classified in the Uniform Crime Reports of the Federal
Bureau of Investigation;
(I) the financing and management of education,
including data on revenues and expenditures;
(J) the social and economic status of children, 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, before-school
and after-school programs (including such programs during
school recesses);
(N) student participation in and completion of secondary and postsecondary vocational and technical education programs by specific program area; and
(O) the existence and use of school libraries;
(2) conducting and publishing reports on the meaning and
significance of the statistics described in paragraph (1);
(3) collecting, analyzing, cross-tabulating, and reporting,
to the extent feasible, information by gender, race, ethnicity,
socioeconomic status, limited English proficiency, mobility, disability, urban, rural, suburban districts, and other population
characteristics, when such disaggregated information will facilitate educational and policy decisionmaking;
(4) assisting public and private educational agencies,
organizations, and institutions in improving and automating
statistical and data collection activities, which may include
assisting State educational agencies and local educational agencies with the disaggregation of data and with the development
of longitudinal student data systems;
(5) determining voluntary standards and guidelines to
assist State educational agencies in developing statewide
longitudinal data systems that link individual student data
consistent with the requirements of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), promote
linkages across States, and protect student privacy consistent
with section 183, to improve student academic achievement
and close achievement gaps;
(6) acquiring and disseminating data on educational activities and student achievement (such as the Third International
Math and Science Study) in the United States compared with
foreign nations;
(7) conducting longitudinal and special data collections necessary to report on the condition and progress of education;
(8) assisting the Director in the preparation of a biennial
report, as described in section 119; and
(9) determining, in consultation with the National Research
Council of the National Academies, methodology by which
States may accurately measure graduation rates (defined as
the percentage of students who graduate from secondary school

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with a regular diploma in the standard number of years),
school completion rates, and dropout rates.
(b) TRAINING PROGRAM.—The Statistics Commissioner may
establish a program to train employees of public and private educational agencies, organizations, and institutions in the use of
standard statistical procedures and concepts, and may establish
a fellowship program to appoint such employees as temporary fellows at the Statistics Center, in order to assist the Statistics Center
in carrying out its duties.
20 USC 9544.

SEC. 154. PERFORMANCE OF DUTIES.

(a) GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS.—In
carrying out the duties under this part, the Statistics Commissioner,
may award grants, enter into contracts and cooperative agreements,
and provide technical assistance.
(b) GATHERING INFORMATION.—
(1) SAMPLING.—The Statistics Commissioner may use the
statistical method known as sampling (including random sampling) to carry out this part.
(2) SOURCE OF INFORMATION.—The Statistics Commissioner
may, as appropriate, use information collected—
(A) from States, local educational agencies, public and
private schools, preschools, institutions of higher education,
vocational and adult education programs, libraries,
administrators, teachers, students, the general public, and
other individuals, organizations, agencies, and institutions
(including information collected by States and local educational agencies for their own use); and
(B) by other offices within the Institute and by other
Federal departments, agencies, and instrumentalities.
(3) COLLECTION.—The Statistics Commissioner may—
(A) enter into interagency agreements for the collection
of statistics;
(B) arrange with any agency, organization, or institution for the collection of statistics; and
(C) assign employees of the Statistics Center to any
such agency, organization, or institution to assist in such
collection.
(4) TECHNICAL ASSISTANCE AND COORDINATION.—In order
to maximize the effectiveness of Department efforts to serve
the educational needs of children and youth, the Statistics
Commissioner shall—
(A) provide technical assistance to the Department
offices that gather data for statistical purposes; and
(B) coordinate with other Department offices in the
collection of data.
(c) DURATION.—Notwithstanding any other provision of law,
the grants, contracts, and cooperative agreements under this section
may be awarded, on a competitive basis, for a period of not more
than 5 years, and may be renewed at the discretion of the Statistics
Commissioner for an additional period of not more than 5 years.
20 USC 9545.

SEC. 155. REPORTS.

(a) PROCEDURES FOR ISSUANCE OF REPORTS.—The Statistics
Commissioner, shall establish procedures, in accordance with section 186, to ensure that the reports issued under this section
are relevant, of high quality, useful to customers, subject to rigorous

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peer review, produced in a timely fashion, and free from any partisan political influence.
(b) REPORT ON CONDITION AND PROGRESS OF EDUCATION.—
Not later than June 1, 2003, and each June 1 thereafter, the
Statistics Commissioner, shall submit to the President and the
appropriate congressional committees a statistical report on the
condition and progress of education in the United States.
(c) STATISTICAL REPORTS.—The Statistics Commissioner shall
issue regular and, as necessary, special statistical reports on education topics, particularly in the core academic areas of reading,
mathematics, and science, consistent with the priorities and the
mission of the Statistics Center.
SEC. 156. DISSEMINATION.

Deadline.

20 USC 9546.

(a) GENERAL REQUESTS.—
(1) IN GENERAL.—The Statistics Center may furnish transcripts or copies of tables and other statistical records and
make special statistical compilations and surveys for State
and local officials, public and private organizations, and individuals.
(2) COMPILATIONS.—The Statistics Center shall provide
State educational agencies, local educational agencies, and
institutions of higher education with opportunities to suggest
the establishment of particular compilations of statistics, surveys, and analyses that will assist those educational agencies.
(b) CONGRESSIONAL REQUESTS.—The Statistics Center shall furnish such special statistical compilations and surveys as the relevant congressional committees may request.
(c) JOINT STATISTICAL PROJECTS.—The Statistics Center may
engage in joint statistical projects related to the mission of the
Center, or other statistical purposes authorized by law, with nonprofit organizations or agencies, and the cost of such projects shall
be shared equitably as determined by the Secretary.
(d) FEES.—
(1) IN GENERAL.—Statistical compilations and surveys
under this section, other than those carried out pursuant to
subsections (b) and (c), may be made subject to the payment
of the actual or estimated cost of such work.
(2) FUNDS RECEIVED.—All funds received in payment for
work or services described in this subsection may be used
to pay directly the costs of such work or services, to repay
appropriations that initially bore all or part of such costs,
or to refund excess sums when necessary.
(e) ACCESS.—
(1) OTHER AGENCIES.—The Statistics Center shall, consistent with section 183, cooperate with other Federal agencies
having a need for educational data in providing access to educational data received by the Statistics Center.
(2) INTERESTED PARTIES.—The Statistics Center shall, in
accordance with such terms and conditions as the Center may
prescribe, provide all interested parties, including public and
private agencies, parents, and other individuals, direct access,
in the most appropriate form (including, where possible, electronically), to data collected by the Statistics Center for the
purposes of research and acquiring statistical information.

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116 STAT. 1962
20 USC 9547.

PUBLIC LAW 107–279—NOV. 5, 2002

SEC. 157. COOPERATIVE EDUCATION STATISTICS SYSTEMS.

The Statistics Center may establish 1 or more national cooperative education statistics systems for the purpose of producing and
maintaining, with the cooperation of the States, comparable and
uniform information and data on early childhood education,
elementary and secondary education, postsecondary education,
adult education, and libraries, that are useful for policymaking
at the Federal, State, and local levels.
20 USC 9548.

SEC. 158. STATE DEFINED.

In this part, the term ‘‘State’’ means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.
PART D—NATIONAL CENTER FOR EDUCATION
EVALUATION AND REGIONAL ASSISTANCE
20 USC 9561.

SEC. 171. ESTABLISHMENT.

(a) ESTABLISHMENT.—There is established in the Institute a
National Center for Education Evaluation and Regional Assistance.
(b) MISSION.—The mission of the National Center for Education
Evaluation and Regional Assistance shall be—
(1) to provide technical assistance;
(2) to conduct evaluations of Federal education programs
administered by the Secretary (and as time and resources allow,
other education programs) to determine the impact of such
programs (especially on student academic achievement in the
core academic areas of reading, mathematics, and science);
(3) to support synthesis and wide dissemination of results
of evaluation, research, and products developed; and
(4) to encourage the use of scientifically valid education
research and evaluation throughout the United States.
(c) GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS.—In
carrying out the duties under this part, the Director may award
grants, enter into contracts and cooperative agreements, and provide technical assistance.
20 USC 9562.

SEC.

172.

COMMISSIONER FOR EDUCATION
REGIONAL ASSISTANCE.

EVALUATION

AND

(a) IN GENERAL.—The National Center for Education Evaluation and Regional Assistance shall be headed by a Commissioner
for Education Evaluation and Regional Assistance (in this part
referred to as the ‘‘Evaluation and Regional Assistance Commissioner’’) who is highly qualified and has demonstrated a capacity
to carry out the mission of the Center and shall—
(1) conduct evaluations pursuant to section 173;
(2) widely disseminate information on scientifically valid
research, statistics, and evaluation on education, particularly
to State educational agencies and local educational agencies,
to institutions of higher education, to the public, the media,
voluntary organizations, professional associations, and other
constituencies, especially with respect to information relating
to, at a minimum—
(A) the core academic areas of reading, mathematics,
and science;
(B) closing the achievement gap between high-performing students and low-performing students;

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(C) educational practices that improve academic
achievement and promote learning;
(D) education technology, including software; and
(E) those topics covered by the Educational Resources
Information Center Clearinghouses (established under section 941(f) of the Educational Research, Development,
Dissemination, and Improvement Act of 1994 (20 U.S.C.
6041(f)) (as such provision was in effect on the day before
the date of enactment of this Act);
(3) make such information accessible in a user-friendly,
timely, and efficient manner (including through use of a searchable Internet-based online database that shall include all topics
covered in paragraph (2)(E)) to schools, institutions of higher
education, educators (including early childhood educators), parents, administrators, policymakers, researchers, public and private entities (including providers of early childhood services),
entities responsible for carrying out technical assistance
through the Department, and the general public;
(4) support the regional educational laboratories in conducting applied research, the development and dissemination
of educational research, products and processes, the provision
of technical assistance, and other activities to serve the educational needs of such laboratories’ regions;
(5) manage the National Library of Education described
in subsection (d), and other sources of digital information on
education research;
(6) assist the Director in the preparation of a biennial
report, described in section 119; and
(7) award a contract for a prekindergarten through grade
12 mathematics and science teacher clearinghouse.
(b) ADDITIONAL DUTIES.—In carrying out subsection (a), the
Evaluation and Regional Assistance Commissioner shall—
(1) ensure that information disseminated under this section
is provided in a cost-effective, nonduplicative manner that
includes the most current research findings, which may include
through the continuation of individual clearinghouses authorized under the Educational Research, Development, Dissemination, and Improvement Act of 1994 (title IX of the Goals 2000:
Educate America Act; 20 U.S.C. 6001 et seq.) (as such Act
existed on the day before the date of enactment of this Act);
(2) describe prominently the type of scientific evidence that
is used to support the findings that are disseminated;
(3) explain clearly the scientifically appropriate and
inappropriate uses of—
(A) the findings that are disseminated; and
(B) the types of evidence used to support those findings;
and
(4) respond, as appropriate, to inquiries from schools, educators, parents, administrators, policymakers, researchers,
public and private entities, and entities responsible for carrying
out technical assistance.
(c) CONTINUATION.—The Director shall continue awards for the
support of the Educational Resources Information Center Clearinghouses and contracts for regional educational laboratories (established under subsections (f) and (h) of section 941 of the Educational
Research, Development, Dissemination, and Improvement Act of
1994 (20 U.S.C. 6041(f) and (h)) (as such awards were in effect

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on the day before the date of enactment of this Act)) for the
duration of those awards, in accordance with the terms and agreements of such awards.
(d) NATIONAL LIBRARY OF EDUCATION.—
(1) ESTABLISHMENT.—There is established within the
National Center for Education Evaluation and Regional Assistance a National Library of Education that shall—
(A) be headed by an individual who is highly qualified
in library science;
(B) collect and archive information;
(C) provide a central location within the Federal
Government for information about education;
(D) provide comprehensive reference services on matters related to education to employees of the Department
of Education and its contractors and grantees, other Federal employees, and members of the public; and
(E) promote greater cooperation and resource sharing
among providers and repositories of education information
in the United States.
(2) INFORMATION.—The information collected and archived
by the National Library of Education shall include—
(A) products and publications developed through, or
supported by, the Institute; and
(B) other relevant and useful education-related
research, statistics, and evaluation materials and other
information, projects, and publications that are—
(i) consistent with—
(I) scientifically valid research; or
(II) the priorities and mission of the Institute;
and
(ii) developed by the Department, other Federal
agencies, or entities (including entities supported under
the Educational Technical Assistance Act of 2002 and
the Educational Resources Information Center
Clearinghouses (established under section 941(f) of the
Educational Research, Development, Dissemination,
and Improvement Act of 1994 (20 U.S.C. 6041(f)) (as
such provision was in effect on the day before the
date of enactment of this Act))).
20 USC 9563.

SEC. 173. EVALUATIONS.

(a) IN GENERAL.—
(1) REQUIREMENTS.—In carrying out its missions, the
National Center for Education Evaluation and Regional Assistance may—
(A) conduct or support evaluations consistent with the
Center’s mission as described in section 171(b);
(B) evaluate programs under title I of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.);
(C) to the extent practicable, examine evaluations conducted or supported by others in order to determine the
quality and relevance of the evidence of effectiveness generated by those evaluations, with the approval of the
Director;

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(D) coordinate the activities of the National Center
for Education Evaluation and Regional Assistance with
other evaluation activities in the Department;
(E) review and, where feasible, supplement Federal
education program evaluations, particularly those by the
Department, to determine or enhance the quality and relevance of the evidence generated by those evaluations;
(F) establish evaluation methodology; and
(G) assist the Director in the preparation of the
biennial report, as described in section 119.
(2) ADDITIONAL REQUIREMENTS.—Each evaluation conducted by the National Center for Education Evaluation and
Regional Assistance pursuant to paragraph (1) shall—
(A) adhere to the highest possible standards of quality
for conducting scientifically valid education evaluation; and
(B) be subject to rigorous peer-review.
(b) ADMINISTRATION OF EVALUATIONS UNDER TITLE I OF THE
ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.—The
Evaluation and Regional Assistance Commissioner, consistent with
the mission of the National Center for Education Evaluation and
Regional Assistance under section 171(b), shall administer all operations and contracts associated with evaluations authorized by part
E of title I of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6491 et seq.) and administered by the Department
as of the date of enactment of this Act.

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SEC. 174. REGIONAL EDUCATIONAL LABORATORIES FOR RESEARCH,
DEVELOPMENT,
DISSEMINATION,
AND
TECHNICAL
ASSISTANCE.

20 USC 9564.

(a) REGIONAL EDUCATIONAL LABORATORIES.—The Director shall
enter into contracts with entities to establish a networked system
of 10 regional educational laboratories that serve the needs of
each region of the United States in accordance with the provisions
of this section. The amount of assistance allocated to each laboratory
by the Evaluation and Regional Assistance Commissioner shall
reflect the number of local educational agencies and the number
of school-age children within the region served by such laboratory,
as well as the cost of providing services within the geographic
area encompassed by the region.
(b) REGIONS.—The regions served by the regional educational
laboratories shall be the 10 geographic regions served by the
regional educational laboratories established under section 941(h)
of the Educational Research, Development, Dissemination, and
Improvement Act of 1994 (as such provision existed on the day
before the date of enactment of this Act).
(c) ELIGIBLE APPLICANTS.—The Director may enter into contracts under this section with research organizations, institutions,
agencies, institutions of higher education, or partnerships among
such entities, or individuals, with the demonstrated ability or
capacity to carry out the activities described in this section,
including regional entities that carried out activities under the
Educational Research, Development, Dissemination, and Improvement Act of 1994 (as such Act existed on the day before the
date of enactment of this Act) and title XIII of the Elementary
and Secondary Education Act of 1965 (as such title existed on
the day before the date of enactment of the No Child Left Behind
Act of 2001 (Public Law 107–110)).

Contracts.

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PUBLIC LAW 107–279—NOV. 5, 2002
(d) APPLICATIONS.—
(1) SUBMISSION.—Each applicant desiring a contract under
this section shall submit an application at such time, in such
manner, and containing such information as the Director may
reasonably require.
(2) PLAN.—Each application submitted under paragraph
(1) shall contain a 5-year plan for carrying out the activities
described in this section in a manner that addresses the priorities established under section 207 and addresses the needs
of all States (and to the extent practicable, of local educational
agencies) within the region to be served by the regional educational laboratory, on an ongoing basis.
(e) ENTERING INTO CONTRACTS.—
(1) IN GENERAL.—In entering into contracts under this section, the Director shall—
(A) enter into contracts for a 5-year period; and
(B) ensure that regional educational laboratories established under this section have strong and effective governance, organization, management, and administration, and
employ qualified staff.
(2) COORDINATION.—In order to ensure coordination and
prevent unnecessary duplication of activities among the regions,
the Evaluation and Regional Assistance Commissioner shall—
(A) share information about the activities of each
regional educational laboratory awarded a contract under
this section with each other regional educational laboratory
awarded a contract under this section and with the Department of Education, including the Director and the Board;
(B) oversee a strategic plan for ensuring that each
regional educational laboratory awarded a contract under
this section increases collaboration and resource-sharing
in such activities;
(C) ensure, where appropriate, that the activities of
each regional educational laboratory awarded a contract
under this section also serve national interests; and
(D) ensure that each regional educational laboratory
awarded a contract under this section coordinates such
laboratory’s activities with the activities of each other
regional technical assistance provider.
(3) OUTREACH.—In conducting competitions for contracts
under this section, the Director shall—
(A) actively encourage eligible entities to compete for
such awards by making information and technical assistance relating to the competition widely available; and
(B) seek input from the chief executive officers of
States, chief State school officers, educators, and parents
regarding the need for applied research, wide dissemination, training, technical assistance, and development activities authorized by this title in the regions to be served
by the regional educational laboratories and how those
educational needs could be addressed most effectively.
(4) OBJECTIVES AND INDICATORS.—Before entering into a
contract under this section, the Director shall design specific
objectives and measurable indicators to be used to assess the
particular programs or initiatives, and ongoing progress and
performance, of the regional educational laboratories, in order
to ensure that the educational needs of the region are being

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met and that the latest and best research and proven practices
are being carried out as part of school improvement efforts.
(5) STANDARDS.—The Evaluation and Regional Assistance
Commissioner shall establish a system for technical and peer
review to ensure that applied research activities, researchbased reports, and products of the regional educational laboratories are consistent with the research standards described
in section 134 and the evaluation standards adhered to pursuant to section 173(a)(2)(A).
(f) CENTRAL MISSION AND PRIMARY FUNCTION.—Each regional
educational laboratory awarded a contract under this section shall
support applied research, development, wide dissemination, and
technical assistance activities by—
(1) providing training (which may include supporting
internships and fellowships and providing stipends) and technical assistance to State educational agencies, local educational
agencies, school boards, schools funded by the Bureau as appropriate, and State boards of education regarding, at a
minimum—
(A) the administration and implementation of programs
under the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.);
(B) scientifically valid research in education on
teaching methods, assessment tools, and high quality, challenging curriculum frameworks for use by teachers and
administrators in, at a minimum—
(i) the core academic subjects of mathematics,
science, and reading;
(ii) English language acquisition;
(iii) education technology; and
(iv) the replication and adaption of exemplary and
promising practices and new educational methods,
including professional development strategies and the
use of educational technology to improve teaching and
learning; and
(C) the facilitation of communication between educational experts, school officials, and teachers, parents, and
librarians, to enable such individuals to assist schools to
develop a plan to meet the State education goals;
(2) developing and widely disseminating, including through
Internet-based means, scientifically valid research, information,
reports, and publications that are usable for improving academic achievement, closing achievement gaps, and encouraging
and sustaining school improvement, to—
(A) schools, districts, institutions of higher education,
educators (including early childhood educators and librarians), parents, policymakers, and other constituencies, as
appropriate, within the region in which the regional educational laboratory is located; and
(B) the National Center for Education Evaluation and
Regional Assistance;
(3) developing a plan for identifying and serving the needs
of the region by conducting a continuing survey of the educational needs, strengths, and weaknesses within the region,
including a process of open hearings to solicit the views of
schools, teachers, administrators, parents, local educational

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agencies, librarians, and State educational agencies within the
region;
(4) in the event such quality applied research does not
exist as determined by the regional educational laboratory or
the Department, carrying out applied research projects that
are designed to serve the particular educational needs (in prekindergarten through grade 16) of the region in which the
regional educational laboratory is located, that reflect findings
from scientifically valid research, and that result in userfriendly, replicable school-based classroom applications geared
toward promoting increased student achievement, including
using applied research to assist in solving site-specific problems
and assisting in development activities (including high-quality
and on-going professional development and effective parental
involvement strategies);
(5) supporting and serving the educational development
activities and needs of the region by providing educational
applied research in usable forms to promote school-improvement, academic achievement, and the closing of achievement
gaps and contributing to the current base of education knowledge by addressing enduring problems in elementary and secondary education and access to postsecondary education;
(6) collaborating and coordinating services with other technical assistance providers funded by the Department of Education;
(7) assisting in gathering information on school finance
systems to promote improved access to educational opportunities and to better serve all public school students;
(8) assisting in gathering information on alternative
administrative structures that are more conducive to planning,
implementing, and sustaining school reform and improved academic achievement;
(9) bringing teams of experts together to develop and implement school improvement plans and strategies, especially in
low-performing or high poverty schools; and
(10) developing innovative approaches to the application
of technology in education that are unlikely to originate from
within the private sector, but which could result in the development of new forms of education software, education content,
and technology-enabled pedagogy.
(g) ACTIVITIES.—Each regional educational laboratory awarded
a contract under this section shall carry out the following activities:
(1) Collaborate with the National Education Centers in
order to—
(A) maximize the use of research conducted through
the National Education Centers in the work of such laboratory;
(B) keep the National Education Centers apprised of
the work of the regional educational laboratory in the field;
and
(C) inform the National Education Centers about additional research needs identified in the field.
(2) Consult with the State educational agencies and local
educational agencies in the region in developing the plan for
serving the region.

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(3) Develop strategies to utilize schools as critical components in reforming education and revitalizing rural communities in the United States.
(4) Report and disseminate information on overcoming the
obstacles faced by educators and schools in high poverty, urban,
and rural areas.
(5) Identify successful educational programs that have
either been developed by such laboratory in carrying out such
laboratory’s functions or that have been developed or used
by others within the region served by the laboratory and make
such information available to the Secretary and the network
of regional educational laboratories so that such programs may
be considered for inclusion in the national education dissemination system.
(h) GOVERNING BOARD AND ALLOCATION.—
(1) IN GENERAL.—In carrying out its responsibilities, each
regional educational laboratory awarded a contract under this
section, in keeping with the terms and conditions of such laboratory’s contract, shall—
(A) establish a governing board that—
(i) reflects a balanced representation of—
(I) the States in the region;
(II) the interests and concerns of regional
constituencies; and
(III) technical expertise;
(ii) includes the chief State school officer or such
officer’s designee of each State represented in such
board’s region;
(iii) includes—
(I) representatives nominated by chief executive officers of States and State organizations of
superintendents, principals, institutions of higher
education, teachers, parents, businesses, and
researchers; or
(II) other representatives of the organizations
described in subclause (I), as required by State
law in effect on the day before the date of enactment of this Act;
(iv) is the sole entity that—
(I) guides and directs the laboratory in carrying out the provisions of this subsection and
satisfying the terms and conditions of the contract
award;
(II) determines the regional agenda of the laboratory;
(III) engages in an ongoing dialogue with the
Evaluation and Regional Assistance Commissioner
concerning the laboratory’s goals, activities, and
priorities; and
(IV) determines at the start of the contract
period, subject to the requirements of this section
and in consultation with the Evaluation and
Regional Assistance Commissioner, the mission of
the regional educational laboratory for the duration of the contract period;

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(v) ensures that the regional educational laboratory attains and maintains a high level of quality in
the laboratory’s work and products;
(vi) establishes standards to ensure that the
regional educational laboratory has strong and effective
governance, organization, management, and administration, and employs qualified staff;
(vii) directs the regional educational laboratory to
carry out the laboratory’s duties in a manner that
will make progress toward achieving the State education goals and reforming schools and educational
systems; and
(viii) conducts a continuing survey of the educational needs, strengths, and weaknesses within the
region, including a process of open hearings to solicit
the views of schools and teachers; and
(B) allocate the regional educational laboratory’s
resources to and within each State in a manner which
reflects the need for assistance, taking into account such
factors as the proportion of economically disadvantaged
students, the increased cost burden of service delivery in
areas of sparse populations, and any special initiatives
being undertaken by State, intermediate, local educational
agencies, or Bureau-funded schools, as appropriate, which
may require special assistance from the laboratory.
(2) SPECIAL RULE.—If a regional educational laboratory
needs flexibility in order to meet the requirements of paragraph
(1)(A)(i), the regional educational laboratory may select not
more than 10 percent of the governing board from individuals
outside those representatives nominated in accordance with
paragraph (1)(A)(iii).
(i) DUTIES OF GOVERNING BOARD.—In order to improve the
efficiency and effectiveness of the regional educational laboratories,
the governing boards of the regional educational laboratories shall
establish and maintain a network to—
(1) share information about the activities each laboratory
is carrying out;
(2) plan joint activities that would meet the needs of multiple regions;
(3) create a strategic plan for the development of activities
undertaken by the laboratories to reduce redundancy and
increase collaboration and resource-sharing in such activities;
and
(4) otherwise devise means by which the work of the individual laboratories could serve national, as well as regional,
needs.
(j) EVALUATIONS.—The Evaluation and Regional Assistance
Commissioner shall provide for independent evaluations of each
of the regional educational laboratories in carrying out the duties
described in this section in the third year that such laboratory
receives assistance under this section in accordance with the standards developed by the Evaluation and Regional Assistance Commissioner and approved by the Board and shall transmit the results
of such evaluations to the relevant committees of Congress, the
Board, and the appropriate regional educational laboratory governing board.

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(k) RULE OF CONSTRUCTION.—No regional educational laboratory receiving assistance under this section shall, by reason of
the receipt of that assistance, be ineligible to receive any other
assistance from the Department of Education as authorized by
law or be prohibited from engaging in activities involving international projects or endeavors.
(l) ADVANCE PAYMENT SYSTEM.—Each regional educational laboratory awarded a contract under this section shall participate
in the advance payment system at the Department of Education.
(m) ADDITIONAL PROJECTS.—In addition to activities authorized
under this section, the Director is authorized to enter into contracts
or agreements with a regional educational laboratory for the purpose of carrying out additional projects to enable such regional
educational laboratory to assist in efforts to achieve State education
goals and for other purposes.
(n) ANNUAL REPORT AND PLAN.—Not later than July 1 of each
year, each regional educational laboratory awarded a contract under
this section shall submit to the Evaluation and Regional Assistance
Commissioner—
(1) a plan covering the succeeding fiscal year, in which
such laboratory’s mission, activities, and scope of work are
described, including a general description of the plans such
laboratory expects to submit in the remaining years of such
laboratory’s contract; and
(2) a report of how well such laboratory is meeting the
needs of the region, including a summary of activities during
the preceding year, a list of entities served, a list of products,
and any other information that the regional educational laboratory may consider relevant or the Evaluation and Regional
Assistance Commissioner may require.
(o) CONSTRUCTION.—Nothing in this section shall be construed
to require any modifications in a regional educational laboratory
contract in effect on the day before the date of enactment of this
Act.

Deadline.

PART E—GENERAL PROVISIONS
SEC. 181. INTERAGENCY DATA SOURCES AND FORMATS.

20 USC 9571.

The Secretary, in consultation with the Director, shall ensure
that the Department and the Institute use common sources of
data in standardized formats.
SEC. 182. PROHIBITIONS.

20 USC 9572.

(a) NATIONAL DATABASE.—Nothing in this title may be construed to authorize the establishment of a nationwide database
of individually identifiable information on individuals involved in
studies or other collections of data under this title.
(b) FEDERAL GOVERNMENT AND USE OF FEDERAL FUNDS.—
Nothing in this title may be construed to authorize an officer
or employee of the Federal Government to mandate, direct, or
control the curriculum, program of instruction, or allocation of
State or local resources of a State, local educational agency, or
school, or to mandate a State, or any subdivision thereof, to spend
any funds or incur any costs not provided for under this title.
(c) ENDORSEMENT OF CURRICULUM.—Notwithstanding any other
provision of Federal law, no funds provided under this title to
the Institute, including any office, board, committee, or center of

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the Institute, may be used by the Institute to endorse, approve,
or sanction any curriculum designed to be used in an elementary
school or secondary school.
(d) FEDERALLY SPONSORED TESTING.—
(1) IN GENERAL.—Subject to paragraph (2), no funds provided under this title to the Secretary or to the recipient of
any award may be used to develop, pilot test, field test, implement, administer, or distribute any federally sponsored national
test in reading, mathematics, or any other subject, unless
specifically and explicitly authorized by law.
(2) EXCEPTIONS.—Subsection (a) shall not apply to international comparative assessments developed under the
authority of section 153(a)(6) of this title or section 404(a)(6)
of the National Education Statistics Act of 1994 (20 U.S.C.
9003(a)(6)) (as such section was in effect on the day before
the date of enactment of this Act) and administered to only
a representative sample of pupils in the United States and
in foreign nations.
20 USC 9573.

SEC. 183. CONFIDENTIALITY.

(a) IN GENERAL.—All collection, maintenance, use, and wide
dissemination of data by the Institute, including each office, board,
committee, and center of the Institute, shall conform with the
requirements of section 552a of title 5, United States Code, the
confidentiality standards of subsection (c) of this section, and sections 444 and 445 of the General Education Provisions Act (20
U.S.C. 1232g, 1232h).
(b) STUDENT INFORMATION.—The Director shall ensure that
all individually identifiable information about students, their academic achievements, their families, and information with respect
to individual schools, shall remain confidential in accordance with
section 552a of title 5, United States Code, the confidentiality
standards of subsection (c) of this section, and sections 444 and
445 of the General Education Provisions Act (20 U.S.C. 1232g,
1232h).
20 USC 9574.

SEC. 184. AVAILABILITY OF DATA.

Subject to section 183, data collected by the Institute, including
any office, board, committee, or center of the Institute, in carrying
out the priorities and mission of the Institute, shall be made available to the public, including through use of the Internet.
20 USC 9575.

SEC. 185. PERFORMANCE MANAGEMENT.

The Director shall ensure that all activities conducted or supported by the Institute or a National Education Center make customer service a priority. The Director shall ensure a high level
of customer satisfaction through the following methods:
(1) Establishing and improving feedback mechanisms in
order to anticipate customer needs.
(2) Disseminating information in a timely fashion and in
formats that are easily accessible and usable by researchers,
practitioners, and the general public.
(3) Utilizing the most modern technology and other
methods available, including arrangements to use data collected
electronically by States and local educational agencies, to
ensure the efficient collection and timely distribution of
information, including data and reports.

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(4) Establishing and measuring performance against a set
of indicators for the quality of data collected, analyzed, and
reported.
(5) Continuously improving management strategies and
practices.
(6) Making information available to the public in an expeditious fashion.
20 USC 9576.

SEC. 186. AUTHORITY TO PUBLISH.

(a) PUBLICATION.—The Director may prepare and publish
(including through oral presentation) such research, statistics (consistent with part C), and evaluation information and reports from
any office, board, committee, and center of the Institute, as needed
to carry out the priorities and mission of the Institute without
the approval of the Secretary or any other office of the Department.
(b) ADVANCE COPIES.—The Director shall provide the Secretary
and other relevant offices with an advance copy of any information
to be published under this section before publication.
(c) PEER REVIEW.—All research, statistics, and evaluation
reports conducted by, or supported through, the Institute shall
be subjected to rigorous peer review before being published or
otherwise made available to the public.
(d) ITEMS NOT COVERED.—Nothing in subsections (a), (b), or
(c) shall be construed to apply to—
(1) information on current or proposed budgets, appropriations, or legislation;
(2) information prohibited from disclosure by law or the
Constitution, classified national security information, or
information described in section 552(b) of title 5, United States
Code; and
(3) review by officers of the United States in order to
prevent the unauthorized disclosure of information described
in paragraph (1) or (2).
SEC. 187. VACANCIES.

20 USC 9577.

Any member appointed to fill a vacancy on the Board occurring
before the expiration of the term for which the member’s predecessor
was appointed shall be appointed only for the remainder of that
term. A vacancy in an office, board, committee, or center of the
Institute shall be filled in the manner in which the original appointment was made. This section does not apply to employees appointed
under section 188.
SEC. 188. SCIENTIFIC OR TECHNICAL EMPLOYEES.

20 USC 9578.

(a) IN GENERAL.—The Director may appoint, for terms not
to exceed 6 years (without regard to the provisions of title 5,
United States Code, governing appointment in the competitive
service) and may compensate (without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of such title relating
to classification and General Schedule pay rates) such scientific
or technical employees to carry out the functions of the Institute
or the office, board, committee, or center, respectively, if—
(1) at least 30 days prior to the appointment of any such
employee, public notice is given of the availability of such
position and an opportunity is provided for qualified individuals
to apply and compete for such position;
(2) the rate of basic pay for such employees does not exceed
the maximum rate of basic pay payable for positions at GS–

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15, as determined in accordance with section 5376 of title
5, United States Code, except that not more than 7 individuals
appointed under this section may be paid at a rate that does
not exceed the rate of basic pay for level III of the Executive
Schedule;
(3) the appointment of such employee is necessary (as
determined by the Director on the basis of clear and convincing
evidence) to provide the Institute or the office, board, committee, or center with scientific or technical expertise which
could not otherwise be obtained by the Institute or the office,
board, committee, or center through the competitive service;
and
(4) the total number of such employees does not exceed
40 individuals or 1⁄5 of the number of full-time, regular scientific
or professional employees of the Institute, whichever is greater.
(b) DUTIES OF EMPLOYEES.—All employees described in subsection (a) shall work on activities of the Institute or the office,
board, committee, or center, and shall not be reassigned to other
duties outside the Institute or the office, board, committee, or
center during their term.
20 USC 9579.

SEC. 189. FELLOWSHIPS.

In order to strengthen the national capacity to carry out highquality research, evaluation, and statistics related to education,
the Director shall establish and maintain research, evaluation, and
statistics fellowships in institutions of higher education (which may
include the establishment of such fellowships in historically Black
colleges and universities and other institutions of higher education
with large numbers of minority students) that support graduate
and postdoctoral study onsite at the Institute or at the institution
of higher education. In establishing the fellowships, the Director
shall ensure that women and minorities are actively recruited for
participation.
20 USC 9580.

SEC. 190. VOLUNTARY SERVICE.

The Director may accept voluntary and uncompensated services
to carry out and support activities that are consistent with the
priorities and mission of the Institute.
20 USC 9581.

SEC. 191. RULEMAKING.

Notwithstanding section 437(d) of the General Education Provisions Act (20 U.S.C. 1232(d)), the exemption for public property,
loans, grants, and benefits in section 553(a)(2) of title 5, United
States Code, shall apply to the Institute.
20 USC 9582.

SEC. 192. COPYRIGHT.

Nothing in this Act shall be construed to affect the rights,
remedies, limitations, or defense under title 17, United States Code.
20 USC 9583.

SEC. 193. REMOVAL.

(a) PRESIDENTIAL.—The Director, each member of the Board,
and the Commissioner for Education Statistics may be removed
by the President prior to the expiration of the term of each such
appointee.
(b) DIRECTOR.—Each Commissioner appointed by the Director
pursuant to section 117 may be removed by the Director prior
to the expiration of the term of each such Commissioner.

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SEC. 194. AUTHORIZATION OF APPROPRIATIONS.

20 USC 9584.

(a) IN GENERAL.—There are authorized to be appropriated to
administer and carry out this title (except section 174) $400,000,000
for fiscal year 2003 and such sums as may be necessary for each
of the 5 succeeding fiscal years, of which—
(1) not less than the amount provided to the National
Center for Education Statistics (as such Center was in existence
on the day before the date of enactment of this Act) for fiscal
year 2002 shall be provided to the National Center for Education Statistics, as authorized under part C; and
(2) not more than the lesser of 2 percent of such funds
or $1,000,000 shall be made available to carry out section
116 (relating to the National Board for Education Sciences).
(b) REGIONAL EDUCATIONAL LABORATORIES.—There are authorized to be appropriated to carry out section 174 $100,000,000 for
fiscal year 2003 and such sums as may be necessary for each
of the 5 succeeding fiscal years. Of the amounts appropriated under
the preceding sentence for a fiscal year, the Director shall obligate
not less than 25 percent to carry out such purpose with respect
to rural areas (including schools funded by the Bureau which are
located in rural areas).
(c) AVAILABILITY.—Amounts made available under this section
shall remain available until expended.

TITLE II—EDUCATIONAL TECHNICAL
ASSISTANCE
SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘Educational Technical Assistance
Act of 2002’’.
SEC. 202. DEFINITIONS.

Educational
Technical
Assistance Act of
2002.
20 USC 9501
note.

20 USC 9601.

In this title:
(1) IN GENERAL.—The terms ‘‘local educational agency’’ and
‘‘State educational agency’’ have the meanings given those
terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Education.
SEC. 203. COMPREHENSIVE CENTERS.

20 USC 9602.

(a) AUTHORIZATION.—
(1) IN GENERAL.—Subject to paragraph (2), beginning in
fiscal year 2004, the Secretary is authorized to award not
less than 20 grants to local entities, or consortia of such entities,
with demonstrated expertise in providing technical assistance
and professional development in reading, mathematics, science,
and technology, especially to low-performing schools and districts, to establish comprehensive centers.
(2) REGIONS.—In awarding grants under paragraph (1),
the Secretary—
(A) shall ensure that not less than 1 comprehensive
center is established in each of the 10 geographic regions
served by the regional educational laboratories established
under section 941(h) of the Educational Research, Development, Dissemination, and Improvement Act of 1994 (as

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such provision existed on the day before the date of enactment of this Act); and
(B) after meeting the requirements of subparagraph
(A), shall consider, in awarding the remainder of the grants,
the school-age population, proportion of economically disadvantaged students, the increased cost burdens of service
delivery in areas of sparse population, and the number
of schools identified for school improvement (as described
in section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)) in the population
served by the local entity or consortium of such entities.
(b) ELIGIBLE APPLICANTS.—
(1) IN GENERAL.—Grants under this section may be made
with research organizations, institutions, agencies, institutions
of higher education, or partnerships among such entities, or
individuals, with the demonstrated ability or capacity to carry
out the activities described in subsection (f), including regional
entities that carried out activities under the Educational
Research, Development, Dissemination, and Improvement Act
of 1994 (as such Act existed on the day before the date of
enactment of this Act) and title XIII of the Elementary and
Secondary Education Act of 1965 (as such title existed on
the day before the date of enactment of the No Child Left
Behind Act of 2001 (Public Law 107–110)).
(2) OUTREACH.—In conducting competitions for grants
under this section, the Secretary shall actively encourage potential applicants to compete for such awards by making widely
available information and technical assistance relating to the
competition.
(3) OBJECTIVES AND INDICATORS.—Before awarding a grant
under this section, the Secretary shall design specific objectives
and measurable indicators, using the results of the assessment
conducted under section 206, to be used to assess the particular
programs or initiatives, and ongoing progress and performance,
of the regional entities, in order to ensure that the educational
needs of the region are being met and that the latest and
best research and proven practices are being carried out as
part of school improvement efforts.
(c) APPLICATION.—
(1) SUBMISSION.—Each local entity, or consortium of such
entities, seeking a grant under this section shall submit an
application at such time, in such manner, and containing such
additional information as the Secretary may reasonably require.
(2) PLAN.—Each application submitted under paragraph
(1) shall contain a 5-year plan for carrying out the activities
described in this section in a manner that addresses the priorities established under section 207 and addresses the needs
of all States (and to the extent practicable, of local educational
agencies) within the region to be served by the comprehensive
center, on an ongoing basis.
(d) ALLOCATION.—Each comprehensive center established under
this section shall allocate such center’s resources to and within
each State in a manner which reflects the need for assistance,
taking into account such factors as the proportion of economically
disadvantaged students, the increased cost burden of service
delivery in areas of sparse populations, and any special initiatives
being undertaken by State, intermediate, local educational agencies,

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or Bureau-funded schools, as appropriate, which may require special
assistance from the center.
(e) SCOPE OF WORK.—Each comprehensive center established
under this section shall work with State educational agencies, local
educational agencies, regional educational agencies, and schools
in the region where such center is located on school improvement
activities that take into account factors such as the proportion
of economically disadvantaged students in the region, and give
priority to—
(1) schools in the region with high percentages or numbers
of students from low-income families, as determined under
section 1113(a)(5) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6313(a)(5)), including such schools in
rural and urban areas, and schools receiving assistance under
title I of that Act (20 U.S.C. 6301 et seq.);
(2) local educational agencies in the region in which high
percentages or numbers of school-age children are from lowincome families, as determined under section 1124(c)(1)(A) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6333(c)(1)(A)), including such local educational agencies in rural
and urban areas; and
(3) schools in the region that have been identified for
school improvement under section 1116(b) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6316(b)).
(f) ACTIVITIES.—
(1) IN GENERAL.—A comprehensive center established
under this section shall support dissemination and technical
assistance activities by—
(A) providing training, professional development, and
technical assistance regarding, at a minimum—
(i) the administration and implementation of programs under the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6301 et seq.);
(ii) the use of scientifically valid teaching methods
and assessment tools for use by teachers and administrators in, at a minimum—
(I) the core academic subjects of mathematics,
science, and reading or language arts;
(II) English language acquisition; and
(III) education technology; and
(iii) the facilitation of communication between education experts, school officials, teachers, parents, and
librarians, as appropriate; and
(B) disseminating and providing information, reports,
and publications that are usable for improving academic
achievement, closing achievement gaps, and encouraging
and sustaining school improvement (as described in section
1116(b) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6316(b))), to schools, educators, parents,
and policymakers within the region in which the center
is located; and
(C) developing teacher and school leader inservice and
preservice training models that illustrate best practices
in the use of technology in different content areas.
(2) COORDINATION AND COLLABORATION.—Each comprehensive center established under this section shall coordinate its
activities, collaborate, and regularly exchange information with

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the regional educational laboratory in the region in which the
center is located, the National Center for Education Evaluation
and Regional Assistance, the Office of the Secretary, the State
service agency, and other technical assistance providers in the
region.
(g) COMPREHENSIVE CENTER ADVISORY BOARD.—
(1) ESTABLISHMENT.—Each comprehensive center established under this section shall have an advisory board that
shall support the priorities of such center.
(2) DUTIES.—Each advisory board established under paragraph (1) shall advise the comprehensive center—
(A) concerning the activities described in subsection
(d);
(B) on strategies for monitoring and addressing the
educational needs of the region, on an ongoing basis;
(C) on maintaining a high standard of quality in the
performance of the center’s activities; and
(D) on carrying out the center’s duties in a manner
that promotes progress toward improving student academic
achievement.
(3) COMPOSITION.—
(A) IN GENERAL.—Each advisory board shall be composed of—
(i) the chief State school officers, or such officers’
designees or other State officials, in each State served
by the comprehensive center who have primary responsibility under State law for elementary and secondary
education in the State; and
(ii) not more than 15 other members who are representative of the educational interests in the region
served by the comprehensive center and are selected
jointly by the officials specified in clause (i) and the
chief executive officer of each State served by the comprehensive center, including the following:
(I) Representatives of local educational agencies and regional educational agencies, including
representatives of local educational agencies
serving urban and rural areas.
(II) Representatives of institutions of higher
education.
(III) Parents.
(IV) Practicing educators, including classroom
teachers, principals, and administrators.
(V) Representatives of business.
(VI) Policymakers, expert practitioners, and
researchers with knowledge of, and experience
using, the results of research, evaluation, and
statistics.
(B) SPECIAL RULE.—In the case of a State in which
the chief executive officer has the primary responsibility
under State law for elementary and secondary education
in the State, the chief executive officer shall consult, to
the extent permitted by State law, with the State educational agency in selecting additional members of the
board under subparagraph (A)(i).
(h) REPORT TO SECRETARY.—Each comprehensive center established under this section shall submit to the Secretary an annual

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report, at such time, in such manner, and containing such information as the Secretary may require, which shall include the following:
(1) A summary of the comprehensive center’s activities
during the preceding year.
(2) A listing of the States, local educational agencies, and
schools the comprehensive center assisted during the preceding
year.
SEC. 204. EVALUATIONS.

20 USC 9603.

The Secretary shall provide for ongoing independent evaluations by the National Center for Education Evaluation and Regional
Assistance of the comprehensive centers receiving assistance under
this title, the results of which shall be transmitted to the appropriate congressional committees and the Director of the Institute
of Education Sciences. Such evaluations shall include an analysis
of the services provided under this title, the extent to which each
of the comprehensive centers meets the objectives of its respective
plan, and whether such services meet the educational needs of
State educational agencies, local educational agencies, and schools
in the region.
SEC. 205. EXISTING TECHNICAL ASSISTANCE PROVIDERS.

20 USC 9604.

The Secretary shall continue awards for the support of the
Eisenhower Regional Mathematics and Science Education Consortia
established under part M of the Educational Research, Development, Dissemination, and Improvement Act of 1994 (as such part
existed on the day before the date of enactment of this Act), the
Regional Technology in Education Consortia under section 3141
of the Elementary and Secondary Education Act of 1965 (as such
section existed on the day before the date of enactment of the
No Child Left Behind Act of 2001 (Public Law 107–110)), and
the Comprehensive Regional Assistance Centers established under
part K of the Educational Research, Development, Dissemination,
and Improvement Act of 1994 (as such part existed on the day
before the date of enactment of this Act), in accordance with the
terms of such awards, until the comprehensive centers authorized
under section 203 are established.
SEC. 206. REGIONAL ADVISORY COMMITTEES.

20 USC 9605.

(a) ESTABLISHMENT.—Beginning in 2004, the Secretary shall
establish a regional advisory committee for each region described
in section 174(b) of the Education Sciences Reform Act of 2002.
(b) MEMBERSHIP.—
(1) COMPOSITION.—The membership of each regional
advisory committee shall—
(A) not exceed 25 members;
(B) contain a balanced representation of States in the
region; and
(C) include not more than one representative of each
State educational agency geographically located in the
region.
(2) ELIGIBILITY.—The membership of each regional advisory
committee may include the following:
(A) Representatives of local educational agencies,
including rural and urban local educational agencies.

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(B) Representatives of institutions of higher education,
including individuals representing university-based education research and university-based research on subjects
other than education.
(C) Parents.
(D) Practicing educators, including classroom teachers,
principals, administrators, school board members, and
other local school officials.
(E) Representatives of business.
(F) Researchers.
(3) RECOMMENDATIONS.—In choosing individuals for membership on a regional advisory committee, the Secretary shall
consult with, and solicit recommendations from, the chief executive officers of States, chief State school officers, and education
stakeholders within the applicable region.
(4) SPECIAL RULE.—
(A) TOTAL NUMBER.—The total number of members
on each committee who are selected under subparagraphs
(A), (C), and (D) of paragraph (2), collectively, 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 subsection (c)(2) to
the Secretary, but each such committee may be reconvened
at the discretion 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 regional
educational priorities.
(2) Not later than 6 months after the committee 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 paragraph (1), seek
input from chief executive officers of States, chief State school
officers, educators, and parents (including through a process
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, librarians,
businesses, State educational agencies, and other customers
(such as adult education programs) within the region) regarding
the need for the activities described in section 174 of the
Education Sciences Reform Act of 2002 and section 203 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 Academy of Education Sciences, at such time,
in such manner, and containing such information as the Secretary may require.

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SEC. 207. PRIORITIES.

20 USC 9606.

The Secretary shall establish priorities for the regional educational laboratories (established under section 174 of the Education
Sciences Reform Act of 2002) and comprehensive centers (established under section 203 of this title) to address, taking onto account
the regional assessments conducted under section 206 and other
relevant regional surveys of educational needs, to the extent the
Secretary deems appropriate.
SEC. 208. 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, develop, and implement statewide,
longitudinal data systems to efficiently and accurately manage,
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 application to the Secretary
at such time, in such manner, and accompanied by such information
as the Secretary may reasonably require.
(c) AWARDING OF GRANTS.—In awarding grants under this section, the Secretary shall use a peer review process that—
(1) ensures technical quality (including validity and reliability), promotes linkages across States, and protects student
privacy consistent with section 183;
(2) promotes the generation and accurate and timely use
of data that is needed—
(A) for States and local educational agencies to comply
with the Elementary and Secondary 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 student academic
achievement and close achievement gaps; and
(3) gives priority to applications that meet the voluntary
standards and guidelines described in section 153(a)(5).
(d) SUPPLEMENT NOT SUPPLANT.—Funds made available under
this section shall be used to supplement, and not supplant, other
State or local funds used for developing State data systems.
(e) REPORT.—Not later than 1 year after the date of enactment
of the Educational Technical Assistance Act of 2002, and again
3 years after such date of enactment, the Secretary, in consultation
with the National Academies Committee on National Statistics,
shall make publicly available a report on the implementation 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 statewide, longitudinal data systems;
(2) evaluating the ability of such systems to manage individual student data consistent with the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), promote
linkages across States, and protect student privacy consistent
with section 183; and
(3) identifying best practices and areas for improvement.

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20 USC 9607.

Deadline.

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20 USC 9608.

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SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this title
$80,000,000 for fiscal year 2003 and such sums as may be necessary
for each of the 5 succeeding fiscal years.
National
Assessment of
Educational
Progress
Authorization
Act.
20 USC 9501
note.
20 USC 9623.

TITLE III—NATIONAL ASSESSMENT OF
EDUCATIONAL PROGRESS
SEC. 301. SHORT TITLE.

This title may be referred to as the ‘‘National Assessment
of Educational Progress Authorization Act’’.
SEC. 302. DEFINITIONS.

In this title:
(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 Commonwealth of Puerto Rico.
20 USC 9624.

SEC. 303. 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 302, as amended
by section 401 of this Act (relating to the National Assessment Governing Board); and
(B) $107,500,000 to carry out section 303, as amended
by section 401 of this Act (relating to the National Assessment of Educational Progress); and
(2) such sums as may be necessary for each of the 5
succeeding fiscal years to carry out sections 302 and 303, as
amended by section 401 of this Act.
(b) AVAILABILITY.—Amounts made available under this section
shall remain available until expended.

TITLE IV—AMENDATORY PROVISIONS
SEC. 401. REDESIGNATIONS.

(a) CONFIDENTIALITY.—Section 408 of the National Education
Statistics Act of 1994 (20 U.S.C. 9007) is amended—
(1) by striking ‘‘center’’, ‘‘Center’’, and ‘‘Commissioner’’ each
place any such term appears and inserting ‘‘Director’’;
(2) in subsection (a)(2)(A), by striking ‘‘statistical purpose’’
and inserting ‘‘research, statistics, or evaluation purpose under
this title’’;
(3) by striking subsection (b)(1) and inserting the following:
‘‘(1) IN GENERAL.—
‘‘(A) DISCLOSURE.—No Federal department, bureau,
agency, officer, or employee and no recipient of a Federal
grant, contract, or cooperative agreement may, for any
reason, require the Director, any Commissioner of a
National Education Center, or any other employee of the
Institute to disclose individually identifiable information
that has been collected or retained under this title.
‘‘(B) IMMUNITY.—Individually identifiable information
collected or retained under this title shall be immune from

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116 STAT. 1983

legal process and shall not, without the consent of the
individual concerned, be admitted as evidence or used for
any purpose in any action, suit, or other judicial or administrative proceeding.
‘‘(C) APPLICATION.—This paragraph does not apply to
requests for individually identifiable information submitted
by or on behalf of the individual identified in the information.’’;
(4) in paragraphs (2) and (6) of subsection (b), by striking
‘‘subsection (a)(2)’’ each place such term appears and inserting
‘‘subsection (c)(2)’’;
(5) in paragraphs (3) and (7) of subsection (b), by striking
‘‘Center’s’’ each place such term appears and inserting ‘‘Director’s’’; and
(6) by striking the section heading and transferring all
the subsections (including subsections (a) through (c)) and
redesignating such subsections as subsections (c) through (e),
respectively, at the end of section 183 of this Act.
(b) CONFORMING AMENDMENT.—Sections 302 and 303 of this
Act are redesignated as sections 304 and 305, respectively.
(c) NATIONAL ASSESSMENT GOVERNING BOARD.—Section 412 of
the National Education Statistics Act of 1994 (20 U.S.C. 9011)
is amended—
(1) in subsection (a)—
(A) by striking ‘‘referred to as the ‘Board’ ’’ and
inserting ‘‘referred to as the ‘Assessment Board’ ’’; and
(B) by inserting ‘‘(carried out under section 303)’’ after
‘‘for the National Assessment’’;
(2) by striking ‘‘Board’’ each place such term appears (other
than in subsection (a)) and inserting ‘‘Assessment Board’’;
(3) by striking ‘‘Commissioner’’ each place such term
appears and inserting ‘‘Commissioner for Education Statistics’’;
(4) in subsection (b)(2)—
(A) by striking ‘‘ASSISTANT SECRETARY FOR EDUCATIONAL RESEARCH’’ in the heading and inserting
‘‘DIRECTOR OF THE INSTITUTE OF EDUCATION SCIENCES’’; and
(B) by striking ‘‘Assistant Secretary for Educational
Research and Improvement’’ and inserting ‘‘Director of the
Institute of Education Sciences’’;
(5) in subsection (e)—
(A) in paragraph (1)—
(i) in subparagraph (A), by striking ‘‘section 411(b)’’
and inserting ‘‘section 303(b)’’;
(ii) in subparagraph (B), by striking ‘‘section
411(e)’’ and inserting ‘‘section 303(e)’’;
(iii) in subparagraph (E), by striking ‘‘, including
the Advisory Council established under section 407’’;
(iv) in subparagraphs (F) and (I), by striking ‘‘section 411’’ each place such term appears and inserting
‘‘section 303’’;
(v) in subparagraph (H), by striking ‘‘and’’ after
the semicolon;
(vi) in subparagraph (I), by striking the period
at the end and inserting ‘‘; and’’; and
(vii) by inserting at the end the following:
‘‘(J) plan and execute the initial public release of
National Assessment of Educational Progress reports.

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20 USC 9007,
9573.

Ante, p. 1982.

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116 STAT. 1984

20 USC 9011,
9621.

20 USC 9010,
9622.

PUBLIC LAW 107–279—NOV. 5, 2002

The National Assessment of Educational Progress data shall
not be released prior to the release of the reports described
in subparagraph (J).’’;
(B) in paragraph (5), by striking ‘‘and the Advisory
Council on Education Statistics’’; and
(C) in paragraph (6), by striking ‘‘section 411(e)’’ and
inserting ‘‘section 303(e)’’; and
(6) by transferring and redesignating the section as section
302 (following section 301) of title III of this Act.
(d) NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.—Section 411 of the National Education Statistics Act of 1994 (20 U.S.C.
9010) is amended—
(1) by striking ‘‘Commissioner’’ each place such term
appears and inserting ‘‘Commissioner for Education Statistics’’;
(2) by striking ‘‘National Assessment Governing Board’’
and ‘‘National Board’’ each place either such term appears
and inserting ‘‘Assessment Board’’;
(3) in subsection (a)—
(A) by striking ‘‘section 412’’ and inserting ‘‘section
302’’; and
(B) by striking ‘‘and with the technical assistance of
the Advisory Council established under section 407,’’;
(4) in subsection (b)—
(A) in paragraph (1), by inserting ‘‘of’’ after ‘‘academic
achievement and reporting’’;
(B) in paragraph (3)(A)—
(i) in clause (i), by striking ‘‘paragraphs (1)(B) and
(1)(E)’’ and inserting ‘‘paragraphs (2)(B) and (2)(E)’’;
(ii) in clause (ii), by striking ‘‘paragraph (1)(C)’’
and inserting ‘‘paragraph (2)(C)’’; and
(iii) in clause (iii), by striking ‘‘paragraph (1)(D)’’
and inserting ‘‘paragraph (2)(D)’’; and
(C) in paragraph (5), by striking ‘‘(c)(2)’’ and inserting
‘‘(c)(3)’’;
(5) in subsection (c)(2)(D), by striking ‘‘subparagraph (B)’’
and inserting ‘‘subparagraph (C)’’;
(6) in subsection (e)(4), by striking ‘‘subparagraph (2)(C)’’
and inserting ‘‘paragraph (2)(C) of such subsection’’;
(7) in subsection (f)(1)(B)(iv), by striking ‘‘section 412(e)(4)’’
and inserting ‘‘section 302(e)(4)’’; and
(8) by transferring and redesignating the section as section
303 (following section 302) of title III of this Act.
(e) TABLE OF CONTENTS AMENDMENT.—The items relating to
title III in the table of contents of this Act, as amended by section
401 of this Act, are amended to read as follows:
‘‘TITLE III—NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

301.
302.
303.
304.
305.

Short title.
National Assessment Governing Board.
National Assessment of Educational Progress.
Definitions.
Authorization of appropriations.’’.

SEC. 402. AMENDMENTS TO DEPARTMENT OF EDUCATION ORGANIZATION ACT.

20 USC 3412.

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The Department of Education Organization Act (20 U.S.C. 3401
et seq.) is amended—
(1) by striking section 202(b)(4) and inserting the following:

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‘‘(4) There shall be in the Department a Director of the Institute
of Education Sciences who shall be appointed in accordance with
section 114(a) of the Education Sciences Reform Act of 2002 and
perform the duties described in that Act.’’;
(2) by striking section 208 and inserting the following:
‘‘INSTITUTE

20 USC 3419.

OF EDUCATION SCIENCES

‘‘SEC. 208. There shall be in the Department of Education
the Institute of Education Sciences, which shall be administered
in accordance with the Education Sciences Reform Act of 2002
by the Director appointed under section 114(a) of that Act.’’; and
(3) by striking the item relating to section 208 in the
table of contents in section 1 and inserting the following:
‘‘Sec. 208. Institute of Education Sciences.’’.
SEC. 403. REPEALS.

The following provisions of law are repealed:
(1) The National Education Statistics Act of 1994 (20 U.S.C.
9001 et seq.).
(2) Parts A through E and K through N of the Educational
Research, Development, Dissemination, and Improvement Act
of 1994 (title IX of the Goals 2000: Educate America Act)
(20 U.S.C. 6001 et seq.).
(3) Section 401(b)(2) of the Department of Education
Organization Act (20 U.S.C. 3461(b)(2)).
SEC. 404. CONFORMING AND TECHNICAL AMENDMENTS.

(a) GOALS 2000: EDUCATE AMERICA ACT.—The table of contents
in section 1(b) of the Goals 2000: Educate America Act (20 U.S.C.
5801 note) is amended by striking the items relating to parts
A through E of title IX (including the items relating to sections
within those parts).
(b) TITLE 5, UNITED STATES CODE.—Section 5315 of title 5,
United States Code, is amended by striking the following:
‘‘Commissioner, National Center for Education Statistics.’’.
(c) GENERAL EDUCATION PROVISIONS ACT.—Section 447(b) of
the General Education Provisions Act (20 U.S.C. 1232j(b)) is
amended by striking ‘‘section 404(a)(6) of the National Education
Statistics Act of 1994 (20 U.S.C. 9003(a)(6))’’ and inserting ‘‘section
153(a)(6) of the Education Sciences Reform Act of 2002’’.
(d) ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.—
The Elementary and Secondary Education Act of 1965 (20 U.S.C.
6301 et seq.) is amended as follows:
(1) Section 1111(c)(2) is amended by striking ‘‘section
411(b)(2) of the National Education Statistics Act of 1994’’
and inserting ‘‘section 303(b)(2) of the National Assessment
of Educational Progress Authorization Act’’.
(2) Section 1112(b)(1)(F) is amended by striking ‘‘section
411(b)(2) of the National Education Statistics Act of 1994’’
and inserting ‘‘section 303(b)(2) of the National Assessment
of Educational Progress Authorization Act’’.
(3) Section 1117(a)(3) is amended—
(A) by inserting ‘‘(as such section existed on the day
before the date of enactment of the Education Sciences
Reform Act of 2002)’’ after ‘‘Act of 1994’’; and
(B) by inserting ‘‘regional educational laboratories
established under part E of the Education Sciences Reform

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20 USC 9001
note, 9001–9009,
9012.
20 USC 1221e
notes, 6011,
6021, 6031, 6041,
6051, 6053–
6053e, 6054–
6054b, 6055–
6055h, 6056,
6056a.

20 USC 6311.

20 USC 6312.

20 USC 6317.

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116 STAT. 1986

20 USC 6491.

20 USC 7909.

20 USC 9501
note.

PUBLIC LAW 107–279—NOV. 5, 2002

Act of 2002 and comprehensive centers established under
the Educational Technical Assistance Act of 2002 and’’
after ‘‘assistance from’’.
(4) Section 1501(a)(3) is amended by striking ‘‘section 411
of the National Education Statistics Act of 1994’’ and inserting
‘‘section 303 of the National Assessment of Educational Progress
Authorization Act’’.
(5) The following provisions are each amended by striking
‘‘Office of Educational Research and Improvement’’ and
inserting ‘‘Institute of Education Sciences’’:
(A) Section 3222(a) (20 U.S.C. 6932(a)).
(B) Section 3303(1) (20 U.S.C. 7013(1)).
(C) Section 5464(e)(1) (20 U.S.C. 7253c(e)(1)).
(D) Paragraphs (1) and (2) of section 5615(d) (20 U.S.C.
7283d(d)).
(E) Paragraphs (1) and (2) of section 7131(c) (20 U.S.C.
7451(c)).
(6) Paragraphs (1) and (2) of section 5464(e) (20 U.S.C.
7253c(e)) are each amended by striking ‘‘such Office’’ and
inserting ‘‘such Institute’’.
(7) Section 5613 (20 U.S.C. 7283b) is amended—
(A) in subsection (a)(5), by striking ‘‘Assistant Secretary
of the Office of Educational Research and Improvement’’
and inserting ‘‘Director of the Institute of Education
Sciences’’; and
(B) in subsection (b)(2)(B), by striking ‘‘research
institutes of the Office of Educational Research and
Improvement’’ and inserting ‘‘National Education Centers
of the Institute of Education Sciences’’.
(8) Sections 5615(d)(1) and 7131(c)(1) (20 U.S.C.
7283d(d)(1), 7451(c)(1)) are each amended by striking ‘‘by the
Office’’ and inserting ‘‘by the Institute’’.
(9) Section 9529(b) is amended by striking ‘‘section 404(a)(6)
of the National Education Statistics Act of 1994’’ and inserting
‘‘section 153(a)(5) of the Education Sciences Reform Act of
2002’’.
(e) SCHOOL-TO-WORK OPPORTUNITIES ACT OF 1994.—Section 404
of the School-to-Work Opportunities Act of 1994 (20 U.S.C. 6194)
is amended by inserting ‘‘(as such Act existed on the day before
the date of enactment of the Education Sciences Reform Act of
2002)’’ after ‘‘Act of 1994’’.
SEC. 405. ORDERLY TRANSITION.

The Secretary of Education shall take such steps as are necessary to provide for the orderly transition to, and implementation
of, the offices, boards, committees, and centers (and their various
functions and responsibilities) established or authorized by this
Act, and by the amendments made by this Act, from those established or authorized by the Educational Research, Development,
Dissemination, and Improvement Act of 1994 (20 U.S.C. 6001 et
seq.) and the National Education Statistics Act of 1994 (20 U.S.C.
9001 et seq.).
SEC. 406. IMPACT AID.

(a) PAYMENTS FOR FEDERALLY CONNECTED CHILDREN.—Section
8003(b)(2)(C)(i)(II)(bb) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7703(B)(2)(c)(i)(II)(bb)) is amended to read
as follows:

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‘‘(bb) for a local educational agency that has
a total student enrollment of less than 350 students, has a per-pupil expenditure that is less
than the average per-pupil expenditure of a comparable local education agency or three comparable
local educational agencies in the State in which
the local educational agency is located; and’’.
(b) EFFECTIVE DATE.—The amendment made by section 406(a)
shall be effective on September 30, 2001, and shall apply with
respect to fiscal year 2001, and all subsequent fiscal years.
(c) BONESTEEL-FAIRFAX SCHOOL DISTRICT.—The Secretary of
Education shall deem the local educational agency serving the
Bonesteel-Fairfax school district, 26-5, in Bonesteel, South Dakota,
as eligible in fiscal year 2003 for a basic support payment for
heavily impacted local educational agencies under section 8003(b)(2)
of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7703(b)(2)).
(d) CENTRAL SCHOOL DISTRICT.—Notwithstanding any other
provision of law, the Secretary of Education shall treat as timely
filed an application filed by Central School District, Sequoyah
County, Oklahoma, for payment for federally connected students
for fiscal year 2003, pursuant to section 8003 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7703), and shall
process such application for payment, if the Secretary has received
such application not later than 30 days after the date of enactment
of this Act.

Applicability.
20 USC 7703
note.

Deadline.

Approved November 5, 2002.

LEGISLATIVE HISTORY—H.R. 3801:
HOUSE REPORTS: No. 107–404 (Comm. on Education and the Workforce).
CONGRESSIONAL RECORD, Vol. 148 (2002):
Apr. 30, considered and passed House.
Oct. 15, considered and passed Senate, amended.
Oct. 16, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
Nov. 5, Presidential statement.

Æ

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