 
                CHAPTER 71--NATIONAL EDUCATION STATISTICS
 
Sec. 9011. National Assessment Governing Board


(a) Establishment

    There is established the National Assessment Governing Board 
(hereafter in this chapter referred to as the ``Board''), which shall 
formulate policy guidelines for the National Assessment.

(b) Membership

                   (1) Appointment and composition

        The Board shall be appointed by the Secretary and be composed 
    of--
            (A) two Governors, or former Governors, who shall not be 
        members of the same political party;
            (B) two State legislators, who shall not be members of the 
        same political party;
            (C) two chief State school officers;
            (D) one superintendent of a local educational agency;
            (E) one member of a State board of education;
            (F) one member of a local board of education;
            (G) three classroom teachers representing the grade levels 
        at which the National Assessment is conducted;
            (H) one representative of business or industry;
            (I) two curriculum specialists;
            (J) three testing and measurement experts, who shall have 
        training and experience in the field of testing and measurement;
            (K) one nonpublic school administrator or policymaker;
            (L) two school principals, of whom one shall be an 
        elementary school principal and one shall be a secondary school 
        principal; and
            (M) four additional members who are representatives of the 
        general public, including parents.

          (2) Assistant Secretary for Educational Research

        The Assistant Secretary for Educational Research and Improvement 
    shall serve as an ex officio, nonvoting member of the Board.

                          (3) Special rule

        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 the Board exercises its 
    independent judgment, free from inappropriate influences and special 
    interests.

(c) Terms

                           (1) In general

        Terms of service of members of the Board shall be staggered and 
    may not exceed a period of 4 years, as determined by the Secretary.

                       (2) Service limitation

        Members of the Board may serve not more than two terms.

                        (3) Change of status

        A member of the Board who changes status under subsection (b) of 
    this section during the term of the appointment of the member may 
    continue to serve as a member until the expiration of such term.

                      (4) Conforming provision

        Members of the Board previously granted 3 year terms, whose 
    terms are in effect on December 21, 2000, shall have their terms 
    extended by 1 year.

(d) Vacancies

                           (1) In general

        (A) The Secretary shall appoint new members to fill vacancies on 
    the Board from among individuals who are nominated by organizations 
    representing the type of individuals described in subsection (b)(1) 
    of this section with respect to which the vacancy exists.
        (B) Each organization submitting nominations to the Secretary 
    with respect to a particular vacancy shall nominate for such vacancy 
    six individuals who are qualified by experience or training to fill 
    the particular Board vacancy.
        (C) The Secretary's appointments shall maintain the composition, 
    diversity, and balance of the Board required under subsection (b) of 
    this section.

                     (2) Additional nominations

        The Secretary may request that each organization described in 
    paragraph (1)(A) submit additional nominations if the Secretary 
    determines that none of the individuals nominated by such 
    organization have appropriate knowledge or expertise.

(e) Duties

                           (1) In general

        In carrying out its functions under this section the Board 
    shall--
            (A) select subject areas to be assessed (consistent with 
        section 9010(b)(1) of this title);
            (B) develop appropriate student performance levels as 
        provided in section 9010(e) of this title;
            (C) develop assessment objectives and test specifications 
        through a national consensus approach which includes the active 
        participation of teachers, curriculum specialists, local school 
        administrators, parents, and concerned members of the public;
            (D) design the methodology of the assessment, in 
        consultation with appropriate technical experts, including the 
        Advisory Council established under section 9006 of this title;
            (E) develop guidelines for reporting and disseminating 
        results;
            (F) develop standards and procedures for interstate, 
        regional, and national comparisons; and
            (G) take appropriate actions needed to improve the form and 
        use of the National Assessment.

                           (2) Delegation

        The Board may delegate any of the Board's procedural and 
    administrative functions to its staff.

                         (3) Cognitive items

        The Board shall have final authority on the appropriateness of 
    cognitive items.

                    (4) Prohibition against bias

        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.

                            (5) Technical

        In carrying out the duties required by paragraph (1), the Board 
    may seek technical advice, as appropriate, from the Commissioner and 
    the Advisory Council on Education Statistics and other experts.

                             (6) Report

        Not later than 90 days after an evaluation of the student 
    performance levels under section 9010(e) of this title, the Board 
    shall make a report to the Secretary, the Committee on Education and 
    Labor of the House of Representatives, and the Committee on Labor 
    and Human Resources of the Senate describing the steps the Board is 
    taking to respond to each of the recommendations contained in such 
    evaluation.

(f) Personnel

                           (1) In general

        In the exercise of its responsibilities, the Board shall be 
    independent of the Secretary and the other offices and officers of 
    the Department.

                              (2) Staff

        (A) The Secretary may appoint, at the request of the Board, such 
    staff as will enable the Board to carry out its responsibilities.
        (B) Such appointments may include, for terms not to exceed three 
    years and without regard to the provisions of title 5 governing 
    appointments in the competitive service, not more than six technical 
    employees 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.

(g) Coordination

    The Commissioner and the Board shall meet periodically--
        (1) to ensure coordination of their duties and activities 
    relating to the National Assessment; and
        (2) for the Commissioner to report to the Board on the 
    Department's actions to implement the decisions of the Board.

(h) Administration

    Only sections 10, 11, and 12 of the Federal Advisory Committee Act 
shall apply with respect to the Board.

(Pub. L. 103-382, title IV, Sec. 412, Oct. 20, 1994, 108 Stat. 4039; 
Pub. L. 106-554, Sec. 1(a)(1) [title III, Sec. 307], Dec. 21, 2000, 114 
Stat. 2763, 2763A-44.)

                       References in Text

    The provisions of title 5 governing appointments in the competitive 
service, referred to in subsec. (f)(2)(B), are classified to section 
3301 et seq. of Title 5, Government Organization and Employees.
    Sections 10, 11, and 12 of the Federal Advisory Committee Act, 
referred to in subsec. (h), are sections 10, 11, and 12 of Pub. L. 92-
463, as amended, which are set out in the Appendix to Title 5.


                               Amendments

    2000--Subsec. (c)(1). Pub. L. 106-554, Sec. 1(a)(1) [title III, 
Sec. 307(1)], substituted ``4 years'' for ``3 years''.
    Subsec. (c)(4). Pub. L. 106-554, Sec. 1(a)(1) [title III, 
Sec. 307(2)], added par. (4).

                         Change of Name

    Committee on Education and Labor of House of Representatives treated 
as referring to Committee on Economic and Educational Opportunities of 
House of Representatives by section 1(a) of Pub. L. 104-14, set out as a 
note preceding section 21 of Title 2, The Congress. Committee on 
Economic and Educational Opportunities of House of Representatives 
changed to Committee on Education and the Workforce of House of 
Representatives by House Resolution No. 5, One Hundred Fifth Congress, 
Jan. 7, 1997.

                  Section Referred to in Other Sections

    This section is referred to in sections 9010, 9012 of this title.
