A r c h i v e d  I n f o r m a t i o n

SEC. 212. NATIONAL EDUCATION STANDARDS AND IMPROVEMENT COUNCIL.

(a) ESTABLISHMENT.--There is established in the executive branch a National Education Standards and Improvement Council (hereafter in this part referred to as the ``Council'').
(b) COMPOSITION.--
(1) IN GENERAL.--The Council shall be composed of 19 members (hereafter in this part referred to as ``members'') who shall be appointed as follows:
(A) The President shall appoint 7 individuals to the Council from among nominations received from the Secretary under subsection (c)(1)(B)(i), of whom--
(i) 2 shall be from each of the categories described in clause (i), (iii), or (iv) of subsection (c)(1)(A); and
(ii) 1 shall be from the category described in clause (ii) of subsection (c)(1)(A).
(B) The President shall appoint 12 individuals to the Council, of whom--
(i) 4 individuals shall be from nominations received from the Speaker of the House of Representatives, of whom 1 individual shall be from each of the categories described in clauses (i) through (iv) of subsection (c)(1)(A);
(ii) 4 individuals shall be from nominations received from the Majority Leader of the Senate, of whom 1 individual shall be from each of the categories described in clauses (i) through (iv) of subsection (c)(1)(A); and
(iii) 4 individuals shall be from nominations received from the Goals Panel, of whom 1 individual shall be from each of the categories described in clauses (i) through (iv) of subsection (c)(1)(A).
(2) SPECIAL RULES.--From among nominations received pursuant to subparagraphs (A) and (B) of paragraph (1) the President shall appoint to the Council--
(A) 1 individual representative of post-secondary educational institutions;
(B) 1 individual representative of organized labor; and
(C) 1 individual who is representative of business and is a member of the National Skill Standards Board established under title V.
(c) APPOINTMENT RULES AND QUALIFICATIONS.--
(1) APPOINTMENT CATEGORIES.--
(A) The members of the Council shall be appointed from among the following categories of individuals:
(i) Professional educators, including elementary and secondary classroom teachers, preschool educators, related services personnel, and other school-based professionals, State or local educational agency administrators, and other educators.
(ii) Representatives of business and industry, organized labor, and postsecondary educational institutions.
(iii) Representatives of the public, including representatives of advocacy, civil rights and disability groups, parents, civic leaders, State or local education policymakers (including members of State, local, or tribal school boards).
(iv) Education experts, including experts in measurement and assessment, curriculum, school finance and equity, and school reform.
(B)
(i) The Secretary shall nominate 21 individuals for membership on the Council, of whom--
(I) 3 individuals shall be nominated from the category described in subparagraph (A)(i); and
(II) 6 individuals shall be nominated from each of the categories described in clauses (ii) through (iv) of subparagraph (A).
(ii) The Speaker of the House of Representatives, in consultation with the Majority Leader and Minority Leader of the House of Representatives, shall nominate 12 individuals for membership on the Council, of whom 3 individuals shall be nominated from each of the categories described in clauses (i) through (iv) of subparagraph (A).
(iii) The Majority Leader of the Senate, in consultation with the Minority Leader of the Senate, shall nominate 12 individuals for membership on the Council, of whom 3 individuals shall be nominated from each of the categories described in clauses (i) and (iv) of subparagraph (A).
(iv) The Goals Panel shall nominate 12 individuals for membership on the Council, of whom 3 individuals shall be nominated from each of the categories described in clauses (i) and (iv) of subparagraph (A).
(2) REPRESENTATION.--To the extent feasible, the membership of the Council shall be geographically representative of the United States and reflect the diversity of the United States with regard to race, ethnicity, gender, and disability characteristics.
(3) EXPERTISE OR BACKGROUND.--Not less than one-third of the individuals nominated and appointed under subsection (b) shall have expertise or background in the educational needs of children who are from low- income families, from minority backgrounds, have limited-English proficiency, or have disabilities.
(4) DIVISION BETWEEN POLITICAL PARTIES.--To the extent feasible, the individuals nominated and the individuals appointed to the Council shall be equally divided between the 2 major political parties.
(d) TERMS.--
(1) IN GENERAL.--Members shall be appointed for 3-year terms, with no member serving more than 2 consecutive terms.
(2) STAGGERING.--
(A) The Council shall establish initial terms for members of 1, 2, or 3 years in order to establish a rotation in which one-third of the members are selected each year.
(B) The Secretary shall determine, pursuant to a lottery, which members serve terms of 1, 2, or 3 years under subparagraph (A).
(e) DATE OF APPOINTMENT.--The initial members shall be appointed not later than 120 days after the date of enactment of this Act.
(f) INITIATION.--The Council shall begin to carry out the duties of the Council under this part when all 19 members have been appointed.
(g) RETENTION.--In order to retain an appointment to the Council, a member shall attend at least two-thirds of the scheduled meetings of the Council in any given year.
(h) VACANCY.--A vacancy on the Council shall not affect the powers of the Council, but shall be filled in the same manner as the original appointment.
(i) COMPENSATION.--Members of the Council who are not regular full-time employees of the United States may, while attending meetings or hearings of the Council, be provided compensation at a rate fixed by the Secretary, but not exceeding the maximum rate of basic pay payable for GS 0915 of the General Schedule.
(j) CONFLICT OF INTEREST.--
(1) IN GENERAL.--A member of the Council may not concurrently serve as a member of the Goals Panel.
(2) PROHIBITION.--A member of the Council who resides in a State which has developed State content standards, State student performance standards, State opportunity-to-learn standards or State assessments that are submitted to the Council for certification may not participate in Council consideration of such standards and assessments.
(3) SPECIAL RULES.--
(A) Notwithstanding any other provision of law, before an individual is appointed to the Council, the official responsible for issuing waivers under section 208(b)(3) of title 18, United States Code, shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate a copy of the waiver required by that section. Information contained in the waiver that would not otherwise be publicly available under section 208(d)(1) of title 18, United States Code, shall be provided to such committees, but shall be noted as nonpublic information.
(B) The Council shall develop, consistent with the provisions of and regulations promulgated pursuant to section 208(b)(3) of title 18, United States Code, and submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate procedures governing the participation of members in any matter that affects the financial interests of the members or of a person or entity whose interests are imputed to the member.
(k) TRAVEL.--Each member of the Council may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for each day the member is engaged in the performance of duties away from the home or regular place of business of the member.
(l) OFFICERS.--The members of the Council shall select officers from among its members. The officers of the Council shall serve for one-year terms.

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PART B--NATIONAL EDUCATION STANDARDS AND IMPROVEMENT COUNCIL Table of Contents SEC. 213. DUTIES.