[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3801 Enrolled Bill (ENR)]
H.R.3801
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
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,

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The table of contents for this Act is as follows:

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Part A--The Institute of Education Sciences

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TITLE I

-EDUCATION SCIENCES REFORM

Part B--National Center for Education Research

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Part C--National Center for Education Statistics

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Part D--National Center for Education Evaluation and Regional Assistance

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dissemination, and technical assistance.
Part E--General Provisions

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This title may be cited as the ``Education Sciences Reform Act of
2002''.

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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--
(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 center-based, 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)).
(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;
(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

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(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.
(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).

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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.

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(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 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.

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(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).
(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, 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.

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(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 high-
quality education (from early childhood through postsecondary
education) and reach, at a minimum, proficiency on challenging
State academic achievement standards and State academic
assessments, particularly in mathematics, science, and reading
or language arts;
(B) access to, and opportunities for, 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).

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(a) Establishment.--The Institute shall have a board of directors,
which shall be known as the National Board for Education Sciences.
(b) Duties.--The duties of the Board shall be the following:
(1) To advise and consult with the Director on the policies of
the Institute.
(2) To consider and approve priorities 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.
(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.
(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 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.

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(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.
(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.

a8a831cee836cd49d7de5ab5e652f168590a27367552f9d017b085dc0883365f

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).

9caf4e4d0295d71789ea9e1423b132388be193527c400a92fcf5dde2826e43db

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.

11c705d17610e2fcadee041ca76b10a363dae9e67e4f2d45c86108354ae131a6

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.
PART B--NATIONAL CENTER FOR EDUCATION RESEARCH

959350e4f51693eada0509f4e67d58ae3b75052e4da292b5e1a61f02557c8dac

(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 high-quality
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.

2982b1966eb65d94ab919832b3cc9a3eca05adc75ab1697ebd095ffd0345135c

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.

1a5aed6e658f5310dad9a052cd4339dc908cd9612afb888c1e91c2289a5be890

(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--
(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
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.

9761742a0fe9e25a0a7b1a8f3ed9ed387625686bafee1fa3754489e27c6a739c

(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

0e939973a12d226873d34773aa7259031f1540209cef6864be3f804fe9cf2b92

(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;
(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.

84e327d7fe9689a6e8d0c545f621798ec80537369ebc444827e4c0fd1283c298

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.

c4eb5ec453b19eee754c41a5c586550847136c652919d8b96bc4fb81b7dae375

(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--
(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 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.

c07b632686ef3a9f08cf44c0b83cbf98fa345ef89afac413009690ce1afd916f

(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.

26c814eeca939a9baecaa6288383028ca37cb8f149251ecef9c198fd869b97c3

(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 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.

2ae3449076a0e21737d8f37332a898ebf90c6a776e8a0241291575ffcb7fc9fa

(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.

f3797c45a85ea829457c360f487b9042c3382465e3473c455936e70191146326

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.

31398b383f87905432cef5115ae9b7983f9f994b14d55b3fb55c0532c089f11f

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

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(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.

440634cd298c71c914596931b9cb44e9a66726cc13a21d384bd2b068392c2084

ASSISTANCE.
(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;
(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 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))).

a0e1a33fc7151f8d8c7ecb4a85447c955b597aa9cc74406df1adccb5706dc201

(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;
(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.

ebcf877ff940e1a184d26dfafe50b85544556676185b43f2981a2e5dfce00269

DISSEMINATION, AND TECHNICAL ASSISTANCE.
(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)).
(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 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, research-based 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 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 user-
friendly, 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.
(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;
(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.
(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.
PART E--GENERAL PROVISIONS

5b9eb342cbc3864666aa744522baa642353539773f0a60bb65e3821e642db904

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

157654a5230601efd34002308d62155c43fadf68c17926b7ff818afa953a0e94

(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 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.

088504b9d6f838f56224cf6075ceffdf87290e60654b29d2dda63aaed78e7404

(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).

b9442fc6605559387409802754120acf41cc15294357cf4dd6e2fa830f4d7d4c

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.

6881c41894d24647b25f786c8a784b420b04cd17dc955baa9753481f0c3efd4a

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.
(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.

2657cdb07ca52a154b19c3a77befc999efa9e03d94b4b56c9b4e15e82b8b387c

(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).

e8ba26f6cc49f188a4c1d67e4391ae275743ddee9e2cd97e63a185a523532071

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.

3282d68e5d0481284baf5f86d559e3e2cc57c05be806cfd4390ce223efd17c3b

(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-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.

14fb55e573672087d59e39f794a917cb103676d88767b5692d391a6eef6ad2c1

In order to strengthen the national capacity to carry out high-
quality 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.

dd9560c85833902fd9ec787103a105b2c9ed328a4b72b851b99b565d882be7bb

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.

26bc8a70ea8d09b6359c8c538993b42c298b3ebb9b9fc300d75ee0aa92479e2b

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.

ef9e50e2d9772055e67f46d38494d3e328c890c8041ccecd0d5f3e86634cf233

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

1878bc7fa0178a281c1401253598d66340b0892b7e6647e28696ad620efc6ac3

(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.

2248dde920ebf4435534953d0375dcafd0dd791151d9d786f2445e91d123f79e

(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.

93fc9ff56c276d00ae38deee35668f7cb6ded20bfc06de9bb0517bfdf983f21f

This title may be cited as the ``Educational Technical Assistance
Act of 2002''.

3c81d1917649f262e08e3d20a16d4eee44d2de36bf4c3bb560dc9d2b5dee58be

TITLE II

-EDUCATIONAL TECHNICAL ASSISTANCE

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.

158ac082ab6ce0248a596ff72f07a9d9cc1786a05ed6611f91f8a0fec6a8e803

(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 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, 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 low-income
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 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 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.

42121d1080fca4e358953963cb69fb3f095359528fc34e1daccf7a0bb510dfc3

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.

bac0f2cd9c3aca1a265133b78c8637d23fde336d3d20f7eb188f3d4d2911e977

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.

a31844a1f2357b9ea9eb40bfdc14c72c05eb9421461a4a4caff9500a33860893

(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.
(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.

7eb5bc27b5484ebacdd3f3327472fe83bbc9c5f7b1ee78538c9d3ae82045c729

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.

df54e599b7c96d1039421a2a68f3f35c9e6bfbf5b0b4bbddb8655420b9e09b1f

(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.

c80d62c9414b2a4c1a8110ec8a6d2cab9e8024f0bfbd71896fc7d2aae16a9f76

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.

030ed927826201668b10aced93c8089a79e086dfc6a951ee00161a6862a49bc8

This title may be referred to as the ``National Assessment of
Educational Progress Authorization Act''.

33c7e41133da60fb9561155561ce7f613c8acc9736abff6100847db41c1a4d58

TITLE III

-NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

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.

44c7457a13adbe386dfeedf0cf44dd9ac50d673eebb881febbcf6cc5f3dbc748

(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.

07722c77b9cdec7adbacb0a7f6baf368b8d10c3d39394373a8824e648abfb61c

(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
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.
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. 301. Short title.
``Sec. 302. National Assessment Governing Board.
``Sec. 303. National Assessment of Educational Progress.
``Sec. 304. Definitions.
``Sec. 305. Authorization of appropriations.''.

5384de9db0a08ec3f8fc56895a636ed3670ff4eeea8441f41bb108af6145ee74

TITLE IV

-AMENDATORY PROVISIONS

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:
``(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 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.''.

c5a71f4e8caed3449df57e5c378c24955b65917f7cf0b1070b9c1035aae9e72d

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)).

20cb0dda39a0a5ac96c75f8218b92ef47240ddf36c7ad89e60b4348dcb0279df

(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 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''.

b51bc2181eb7582eb6f2507cf2b4746ca1711bd97dcd2f5d02c85001d0398668

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.).

03674b54897dc90a82040fc62b4920c8ff7a82f53f464ddd118eb351194cdf59

(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:
``(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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Regional Assistance Act of 2002

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

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