NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.

SEC. 3403. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS. (a) General Authority.—Section 406 of the General Education Provisions Act (hereafter in this part referred to as “the Act” and as amended by section 3001 of this title) is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following: “(i) (1) With the advice of the National Assessment Governing Board established by paragraph (5)(a)(i), the Commissioner shall carry out, by grants, contracts, or cooperative agreements with qualified organizations, or consortia thereof, a National Assessment of Educational Progress. The National Assessment of Educational Progress shall be placed in the National Center for Education Statistics and shall report directly to the Commissioner for Educational Statistics. The purpose of the National Assessment is the assessment of the performance of children and adults in the basic skills of reading, mathematics, science, writing, history/geography and other areas selected by the Board. “(2)(A) The National Assessment shall provide a fair and accurate presentation of educational achievement in skills, abilities, and knowledge in reading, writing, mathematics, science, history/geography, and other areas specified by the Board, and shall use sampling techniques that produce data that are representative on a 102 STAT. 345national and regional basis and on a State basis pursuant to subparagraphs (C)(i) and (C)(ii). In addition, the National Assessment shall— “(i) collect and report data on a periodic basis, at least once every 2 years for reading and mathematics; at least once every 4 years for writing and science; and at least once every 6 years for history/geography and other subject areas selected by the Board; “(ii) collect and report data every 2 years on students at ages 9, 13, and 17 and in grades 4,8, and 12; “(iii) report achievement data on a basis that ensures valid reliable trend reporting; “(iv) include information on special groups. “(B) In carrying out the provisions of subparagraph (A), the Secretary and the Board appointed under paragraph (5) shall assure that at least 1 of the subject matters in each of the 4 and 6 year cycles described in subparagraph (A)(i) will be included in each 2 year cycle Assessment. “(C)(i) The National Assessment shall develop a trial mathematics assessment survey instrument for the eighth grade and shall con-duct a demonstration of the instrument in 1990 in States which wish to participate, with the purpose of determining whether such an assessment yields valid, reliable State representative data. “(ii) The National Assessment shall conduct a trial mathematics assessment for the fourth and eighth grades in 1992 and, pursuant to subparagraph (6)(D), shall develop a trial reading assessment to be administered in 1992 for the fourth grade in States which wish to participate, with the purpose of determining whether such an assessment yields valid, reliable State representative data. “(iii) The National Assessment shall ensure that a representative sample of students participate in such assessments. “(iv) No State may agree to participate in the demonstration described in this subsection without full knowledge of the process for consensus decisionmaking on objectives to be tested, required in paragraph (6)(E), and of assessment demonstration standards for sampling, test administration, test security, data collection, validation and reporting. States wishing to participate shall sign an agreement developed by the Commissioner. A participating State shall review and give permission for release of results from any test of its students administered as a part of this demonstration prior to the release of such data. Refusal by a State to release its data shall not restrict the reporting of data from other States that have approved the release of such data. “(v) The Commissioner shall provide for an independent evaluation conducted by a nationally recognized organization (such as the National Academy of Sciences or the National Academy of Education) of the pilot programs to assess the feasibility and validity of assessments and the fairness and accuracy of the data they produce. The report shall also describe the technical problems encountered and a description about what was learned about how to best report data from the National Assessment of Educational Progress. The results of this report will be provided to the Congress and to States which participated tn assessments pursuant to paragraph (C) (i) and (ii) within 18 months of the time such assessments were conducted. “(D)(i) The National Assessment shall have the authority to develop and conduct, upon the direction of the Board and subject to the availability of appropriations, assessments of adult literacy. 102 STAT. 346 “(3)(A) The National Assessment shall not collect any data that are not directly related to the appraisal of educational performance, achievements, and traditional demographic reporting variables, or to the fair and accurate presentation of such information. “(B) The National Assessment shall provide technical assistance to States, localities, and other parties that desire to participate in the assessment to yield additional information described in paragraph (2). “(4)(A) Except as provided in subparagraph (B), the public shall have access to all data, questions, and test instruments of the National Assessment. “(B)(i) The Commissioner shall ensure that all personally identifiable information about students, their educational performance, and their families and that information with respect to individual schools remain confidential, in accordance with section 552a of title 5, United States Code. “(ii) Notwithstanding any other provision of the law, the Secretary may decline to make available to the public for a period not to exceed 10 years following their initial use cognitive questions that the Secretary intends to reuse in the future. “(C) The use of National Assessment test items and test data employed in the pilot program authorized in subsection (2)(C) to rank, compare, or otherwise evaluate individual students, schools, or school districts is prohibited. “(5)(A)(i) There is established the National Assessment Governing Board (hereafter in this section referred to as the ‘Board’). “(ii) The Board shall formulate the policy guidelines for the National Assessment. “(B) The Board shall be appointed by the Secretary in accordance with this subparagraph and subparagraphs (C), (D), and (E). The Board shall be composed of— “(i) two Governors, or former Governors, who shall not be members of the same political party; “(ii) two State legislators, who shall not be members of the same political party; “(iii) two chief State school officers; “(iv) one superintendent of a local educational agency; “(v) one member of a State board of education; “(vi) one member of a local board of education; “(vii) three classroom teachers representing the grade levels at which the National Assessment is conducted; “(viii) one representative of business or industry; “(ix) two curriculum specialists; “(x) two testing and measurement experts; “(xi) one nonpublic school administrator or policymaker; “(xii) two school principals, one elementary and one secondary; “(xiii) three additional members who are representatives of the general public, including parents. The Assistant Secretary for Educational Research and Improvement shall serve as an ex officio member of the Board as a nonvoting member. “(C)(i) The Secretary and the Board shall ensure at all times that the membership of the Board reflects regional, racial, gender and cultural balance and diversity and that it exercises its independent judgment, free from inappropriate influences and special interests. 102 STAT. 347 “(ii) In the exercise of its functions, powers, and duties, the Board shall hire its own staff and shall be independent of the Secretary and the other offices and officers of the Department of Education. “(iii) The Secretary may appoint, at the direction of the Board, for terms not to exceed 3 years, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, not more than 6 technical employees to administer this subsection who may be paid 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. “(D)(i) The members of the Assessment Policy Committee, serving on the date of enactment of the National Assessment of Educational Progress Improvement Act, shall become members of the Board for the remainder of the terms of the appointment to the Assessment Policy Committee. “(ii) To complete the initial membership of the Board, the Secretary shall appoint members of the Board as necessary in the categories described in subparagraph (B) for which there are no members continuing from the Assessment Policy Committee on the date of enactment of the National Assessment of Educational Progress Improvement Act. The Secretary shall appoint such members from among nominees furnished by the Governors, chief State school officers, education associations and organizations, the National Academy of Sciences, the National Academy of Education, parent organizations, and learned societies. “(iii) As vacancies occur, new members of the Board shall be appointed by the Secretary from among individuals who are nominated by the Board after consultation with representatives of the groups listed in subparagraph (B). For each vacancy the Board shall nominate at least 3 individuals who, by reason of experience or training, are qualified in that particular Board vacancy. “(E) Members of the Board appointed in accordance with this paragraph shall serve for terms not to exceed 4 years which shall be staggered, as determined by the Secretary, subject to the provisions of subparagraph (D)(i). Any appointed member of the Board who changes status under subparagraph (B) during the term of the appointment of the member may continue to serve as a member until the expiration of that term. “(6)(A) In carrying out its functions under this subsection, the Board shall be responsible for— “(i) selecting subject areas to be assessed (consistent with paragraph (2)(A)); “(ii) identifying appropriate achievement goals for each age and grade in each subject area to be tested under the National Assessment; “(iii) developing assessment objectives; “(iv) developing test specifications; “(v) designing the methodology of the assessment; “(vi) developing guidelines and standards for analysis plans and for reporting and disseminating results; “(vii) developing standards and procedures for interstate, regional and national comparisons; and “(viii) taking appropriate actions needed to improve the form and use of the National Assessment. “(B) The Board may delegate any functions described in subparagraph (A) to its staff. 102 STAT. 348 “(C) The Board shall have final authority on the appropriateness of cognitive items. “(D) The Board shall take steps to ensure that all items selected for use in the National Assessment are free from racial, cultural, gender, or regional bias. “(E) Each learning area assessment shall have goal statements devised through a national consensus approach, providing for active participation of teachers, curriculum specialists, local school administrators, parents and concerned members of the general public. “(F) The Secretary shall report to the Board at regular intervals of the Department’s action to implement the decisions of the Board. “(G) Any activity of the Board or of the organization described in paragraph (1), shall be subject to the provisions of this subsection. “(7)(A) Not to exceed 10 percent of the funds available for this subsection may be used for administrative expenses (including staff, consultants and contracts authorized by the Board) and to carry out the functions described in paragraph (6)(A). “(B) For the purposes of its administrative functions, the Board shall have the authorities authorized by the Federal Advisory Committee Act and shall be subject to the open meeting provisions of that law. “(8)(A) Participation in the National and Regional Assessments by State and local educational agencies shall be voluntary. “(B) Participation in assessments made on a State basis shall be voluntary. The Secretary shall enter into an agreement with any State which desires to carry out an assessment for the State under this subsection. Each such agreement shall contain provisions designed to assure— “(i) that the State will participate in the assessment; “(ii) that the State will pay from non-Federal sources the non-Federal share of participation; and “(iii) that the State agrees with the terms and conditions specified in subsection (a)(2)(C)(iv). “(C)(i) For each fiscal year, the non-Federal share for the purpose of clause (ii) of subparagraph (B) shall be the cost of conducting the assessment in the State including the cost of administering the assessment at the school level for all schools in the State sample and the cost of coordination within the (State. “(ii) The non-Federal share of payments under this paragraph may be in cash or in kind. “(9)(A) The Commissioner shall provide for continuing reviews of the National Assessment, including validation studies by the National Center for Education Statistics and solicitation of public comment on the conduct and usefulness of the National Assessment. The Secretary shall report to the Congress, the President, and the Nation on the findings and recommendations of such reviews. The Commissioner shall consider the findings and recommendations in designing the competition to select the organization through which the Office carries out the National Assessment. “(B) The Commissioner shall, not later than 6 months after the date of enactment of the National Assessment of Educational Progress Improvement Act, publish a report setting forth plans for the collection of data for the 1990 assessment and plans for including other subject areas in the 1992 and later assessments. The report shall include methods by which the results of the National Assessment of Educational Progress may be reported so that the results 102 STAT. 349are more readily available and more easily understood by educators, policymakers, and the general public, and methods by which items will be reviewed to identify and exclude items which reflect racial, cultural, gender, or regional bias. The report shall be developed after consultation with educators. State education officials, members of the Board appointed under paragraph (5), and the general public. “(C) The report required by this paragraph shall be submitted to the Congress and made available to the public. The appropriate authorizing committees of the Congress may request the Secretary to modify the plan contained in the report. The Secretary shall take such actions as may be appropriate to carry out the recommendations contained in tire report.”. (b) Authorization of Appropriations.—Section 405 of the Act is amended by striking out subsection (e) and by redesignating subsections (0 and (g) as subsections (e) and (f), respectively. (c) Reservation of Funds for Assessments.—(1) Section 405(f)(1)(D) of the Act (as redesignated by subsection (b)(1)) is amended to read as follows: “(D) Not less than $9,500,000 for the fiscal year 1989, and such sums as may be necessary for each of the fiscal years 1990 through 1993, shall be available to carry out section 406(i) of this Act (relating to the National Assessment of Education Progress);”. (2) Section 405(f)(1)(E) of the Act (as redesignated by subsection (a)(1)) is amended by inserting a comma and “except for subsection (i) of that section,” immediately after “Act”.