Laws & Guidance ELEMENTARY & SECONDARY EDUCATION
Part E — National Assessment of Title I

SEC. 1501. EVALUATIONS.

    (a) NATIONAL ASSESSMENT OF TITLE I

      (1) IN GENERAL- The Secretary shall conduct a national assessment of the programs assisted under this title and the impact of this title on States, local educational agencies, schools, and students.

      (2) ISSUES TO BE EXAMINED- In conducting the assessment under this subsection, the Secretary shall examine, at a minimum, the following:

        (A) The implementation of programs assisted under this title and the impact of such implementation on increasing student academic achievement (particularly in schools with high concentrations of children living in poverty), relative to the goal of all students reaching the proficient level of achievement based on State academic assessments, challenging State academic content standards, and challenging State student academic achievement standards under section 1111.

        (B) The types of programs and services that have demonstrated the greatest likelihood of helping students reach the proficient and advanced levels of achievement based on State student academic achievement standards and State academic content standards.

        (C) The implementation of State academic standards, assessments, and accountability systems developed under this title, including —

          (i) the time and cost required for the development of academic assessments for students in grades 3 through 8;

          (ii) how well such State assessments meet the requirements for assessments described in this title; and

          (iii) the impact of such standards, assessments, and accountability systems on educational programs and instruction at the local level.

        (D) Each State's definition of adequate yearly progress, including —

          (i) the impact of applying this definition to schools, local educational agencies, and the State;

          (ii) the number of schools and local educational agencies not meeting this definition; and

          (iii) the changes in the identification of schools in need of improvement as a result of such definition.

        (E) How schools, local educational agencies, and States have —

          (i) publicized and disseminated the local educational agency report cards required under section 1111(h)(2) to teachers, school staff, students, parents, and the community;

          (ii) used funds made available under this title to provide preschool and family literacy services and the impact of these services on students' school readiness;

          (iii) implemented the provisions of section 1118 and afforded parents meaningful opportunities to be involved in the education of their children;

          (iv) used Federal, State, and local educational agency funds and resources to support schools and provide technical assistance to improve the achievement of students in low-performing schools, including the impact of the technical assistance on such achievement; and

          (v) used State educational agency and local educational agency funds and resources to help schools in which 50 percent or more of the students are from families with incomes below the poverty line meet the requirement described in section 1119 of having all teachers highly qualified not later than the end of the 2005-2006 school year.

        (F) The implementation of schoolwide programs and targeted assistance programs under this title and the impact of such programs on improving student academic achievement, including the extent to which schools meet the requirements of such programs.

        (G) The extent to which varying models of comprehensive school reform are funded and implemented under this title, and the effect of the implementation of such models on improving achievement of disadvantaged students.

        (H) The costs as compared to the benefits of the activities assisted under this title.

        (I) The extent to which actions authorized under section 1116 are implemented by State educational agencies and local educational agencies to improve the academic achievement of students in low-performing schools, and the effectiveness of the implementation of such actions, including the following:

          (i) The number of schools identified for school improvement and how many years the schools remain in this status.

          (ii) The types of support provided by the State educational agencies and local educational agencies to schools and local educational agencies respectively identified as in need of improvement, and the impact of such support on student achievement.

          (iii) The number of parents who take advantage of the public school choice provisions of this title, the costs (including transportation costs) associated with implementing these provisions, the implementation of these provisions, and the impact of these provisions (including the impact of attending another school) on student achievement.

          (iv) The number of parents who choose to take advantage of the supplemental educational services option, the criteria used by the States to determine the quality of providers, the kinds of services that are available and utilized, the costs associated with implementing this option, and the impact of receiving supplemental educational services on student achievement.

          (v) The implementation and impact of actions that are taken with regard to schools and local educational agencies identified for corrective action and restructuring.

        (J) The extent to which State and local fiscal accounting requirements under this title affect the flexibility of schoolwide programs.

        (K) The implementation and impact of the professional development activities assisted under this title and title II on instruction, student academic achievement, and teacher qualifications.

        (L) The extent to which the assistance made available under this title, including funds under section 1002, is targeted to disadvantaged students, schools, and local educational agencies with the greatest need.

        (M) The effectiveness of Federal administration assistance made available under this title, including monitoring and technical assistance.

        (N) The academic achievement of the groups of students described in section 1111(b)(2)(C)(v)(II).

        (O) Such other issues as the Secretary considers appropriate.

      (3) SOURCES OF INFORMATION- In conducting the assessment under this subsection, the Secretary shall use information from a variety of sources, including the National Assessment of Educational Progress (carried out under section 411 of the National Education Statistics Act of 1994), State evaluations, and other research studies.

      (4) COORDINATION- In carrying out this subsection, the Secretary shall —

        (A) coordinate the national assessment under this subsection with the longitudinal study described in subsection (c); and

        (B) ensure that the independent review panel described in subsection (d) participates in conducting the national assessment under this subsection, including planning for and reviewing the assessment.

      (5) DEVELOPMENTALLY APPROPRIATE MEASURES- In conducting the national assessment under this subsection, the Secretary shall use developmentally appropriate measures to assess student academic achievement.

      (6) REPORTS-

        (A) INTERIM REPORT- Not later than 3 years after the date of enactment of the No Child Left Behind Act of 2001, the Secretary shall transmit to the President, the Committee on Education and the Workforce of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate an interim report on the national assessment conducted under this subsection.

        (B) FINAL REPORT- Not later than 5 years after the date of enactment of the No Child Left Behind Act of 2001, the Secretary shall transmit to the President, the Committee on Education and the Workforce of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate a final report on the national assessment conducted under this subsection.

    (b) STUDIES AND DATA COLLECTION-

      (1) IN GENERAL- In addition to other activities described in this section, the Secretary may, directly or through awarding grants to or entering into contracts with appropriate entities —

        (A) assess the implementation and effectiveness of programs under this title;

        (B) collect the data necessary to comply with the Government Performance and Results Act of 1993; and

        (C) provide guidance and technical assistance to State educational agencies and local educational agencies in developing and maintaining management information systems through which such agencies may develop program performance indicators to improve services and performance.

      (2) MINIMUM INFORMATION- In carrying out this subsection, the Secretary shall collect, at a minimum, trend information on the effect of each program authorized under this title, which shall complement the data collected and reported under subsections (a) and (c).

    (c) NATIONAL LONGITUDINAL STUDY-

      (1) IN GENERAL- The Secretary shall conduct a longitudinal study of schools receiving assistance under part A.

      (2) ISSUES TO BE EXAMINED- In carrying out this subsection, the Secretary shall ensure that the study referred to in paragraph (1) provides Congress and educators with each of the following:

        (A) An accurate description and analysis of the short- and long-term effect of the assistance made available under this title on academic achievement.

        (B) Information that can be used to improve the effectiveness of the assistance made available under this title in enabling students to meet challenging academic achievement standards.

        (C) An analysis of educational practices or model programs that are effective in improving the achievement of disadvantaged children.

        (D) An analysis of the costs as compared to the benefits of the assistance made available under this title in improving the achievement of disadvantaged children.

        (E) An analysis of the effects of the availability of school choice options under section 1116 on the academic achievement of disadvantaged students, on schools in school improvement, and on schools from which students have transferred under such options.

        (F) Such other information as the Secretary considers appropriate.

      (3) SCOPE- In conducting the study referred to in paragraph (1), the Secretary shall ensure that the study —

        (A) bases its analysis on a nationally representative sample of schools participating in programs under this title;

        (B) to the extent practicable, includes in its analysis students who transfer to different schools during the course of the study; and

        (C) analyzes varying models or strategies for delivering school services, including —

          (i) schoolwide and targeted services; and

          (ii) comprehensive school reform models.

    (d) INDEPENDENT REVIEW PANEL-

      (1) IN GENERAL- The Secretary shall establish an independent review panel (in this subsection referred to as the Review Panel') to advise the Secretary on methodological and other issues that arise in carrying out subsections (a) and (c).

      (2) APPOINTMENT OF MEMBERS-

        (A) IN GENERAL- Subject to subparagraph (B), the Secretary shall appoint members of the Review Panel from among qualified individuals who are —

          (i) specialists in statistics, evaluation, research, and assessment;

          (ii) education practitioners, including teachers, principals, and local and State superintendents;

          (iii) parents and members of local school boards or other organizations involved with the implementation and operation of programs under this title; and

          (iv) other individuals with technical expertise who will contribute to the overall rigor and quality of the program evaluation.

        (B) LIMITATIONS- In appointing members of the Review Panel, the Secretary shall ensure that —

          (i) in order to ensure diversity, the Review Panel includes individuals appointed under subparagraph (A)(i) who represent disciplines or programs outside the field of education; and

          (ii) the total number of the individuals appointed under subparagraph (A)(ii) or (A)(iv) does not exceed one-fourth of the total number of the individuals appointed under this paragraph.

      (3) FUNCTIONS- The Review Panel shall consult with and advise the Secretary —

        (A) to ensure that the assessment conducted under subsection (a) and the study conducted under subsection (c) —

          (i) adhere to the highest possible standards of quality with respect to research design, statistical analysis, and the dissemination of findings; and

          (ii) use valid and reliable measures to document program implementation and impacts; and

        (B) to ensure —

          (i) that the final report described in subsection (a)(6)(B) is reviewed not later than 120 days after its completion by not less than two independent experts in program evaluation (who may be from among the members of the Review Panel appointed under paragraph (2));

          (ii) that such experts evaluate and comment on the degree to which the report complies with subsection (a); and

          (iii) that the comments of such experts are transmitted with the report under subsection (a)(6)(B).

SEC. 1502. DEMONSTRATIONS OF INNOVATIVE PRACTICES.

    (a) IN GENERAL- From the funds appropriated for any fiscal year under section 1002(e)(1), the Secretary may award grants to State educational agencies, local educational agencies, other public agencies, nonprofit organizations, public or private partnerships involving business and industry organizations, and consortia of such entities to carry out demonstration projects that show the most promise of enabling children served under this title to meet challenging State academic content standards and challenging State student academic achievement standards.

    (b) EVALUATION- The Secretary shall evaluate the demonstration projects supported under this title, using rigorous methodological designs and techniques, including control groups and random assignment, to the extent feasible, to produce reliable evidence of effectiveness.

    (c) PARTNERSHIPS- From funds appropriated under section 1002(e)(1) for any fiscal year, the Secretary may, directly or through grants or contracts, work in partnership with State educational agencies, local educational agencies, other public agencies, and nonprofit organizations to disseminate and use the highest quality research and knowledge about effective practices to improve the quality of teaching and learning in schools assisted under this title.

SEC. 1503. ASSESSMENT EVALUATION.

    (a) IN GENERAL- The Secretary shall conduct an independent study of assessments used for State accountability purposes and for making decisions about the promotion and graduation of students. Such research shall be conducted over a period not to exceed 5 years and shall address the components described in subsection (d).

    (b) CONTRACT AUTHORIZED- The Secretary is authorized to award a contract, through a peer review process, to an organization or entity capable of conducting rigorous, independent research. The Assistant Secretary of Educational Research and Improvement shall appoint peer reviewers to evaluate the applications for this contract.

    (c) STUDY- The study shall —

      (1) synthesize and analyze existing research that meets standards of quality and scientific rigor; and

      (2) evaluate academic assessment and accountability systems in State educational agencies, local educational agencies, and schools; and

      (3) make recommendations to the Department and to the Committee on Education and the Workforce of the United States House of Representatives and the Committee on Health, Education, Labor, and Pensions of the United States Senate, based on the findings of the study.

    (d) COMPONENTS OF THE RESEARCH PROGRAM- The study described in subsection (a) shall examine —

      (1) the effect of the assessment and accountability systems described in section (c) on students, teachers, parents, families, schools, school districts, and States, including correlations between such systems and —

        (A) student academic achievement, progress to the State-defined level of proficiency, and progress toward closing achievement gaps, based on independent measures;

        (B) changes in course offerings, teaching practices, course content, and instructional material;

        (C) changes in turnover rates among teachers, principals, and pupil-services personnel;

        (D) changes in dropout, grade-retention, and graduation rates for students; and

        (E) such other effects as may be appropriate;

      (2) the effect of the academic assessments on students with disabilities;

      (3) the effect of the academic assessments on low, middle, and high socioeconomic status students, limited and nonlimited English proficient students, racial and ethnic minority students, and nonracial or nonethnic minority students;

      (4) guidelines for assessing the validity, reliability, and consistency of those systems using nationally recognized professional and technical standards;

      (5) the relationship between accountability systems and the inclusion or exclusion of students from the assessment system; and

      (6) such other factors as the Secretary finds appropriate.

    (e) REPORTING- Not later than 3 years after the contract described in subsection (b) is awarded, the organization or entity conducting the study shall submit an interim report to the Committee on Education and the Workforce of the United States House of Representatives and the Committee on Health, Education, Labor and Pensions of the United States Senate, and to the President and the States, and shall make the report widely available to the public. The organization or entity shall submit a final report to the same recipients as soon as possible after the completion of the study. Additional reports may be periodically prepared and released as necessary.

    (f) RESERVATION OF FUNDS- The Secretary may reserve up to 15 percent of the funds authorized to be appropriated for this part to carry out the study, except such reservation of funds shall not exceed $1,500,000.

SEC. 1504. CLOSE UP FELLOWSHIP PROGRAM.

    (a) PROGRAM FOR MIDDLE SCHOOL AND SECONDARY SCHOOL STUDENTS-

      (1) ESTABLISHMENT-

        (A) GENERAL AUTHORITY- In accordance with this subsection, the Secretary may make grants to the Close Up Foundation of Washington, District of Columbia, a nonpartisan, nonprofit foundation, for the purpose of assisting the Close Up Foundation in carrying out its programs of increasing civic responsibility and understanding of the Federal Government among middle school and secondary school students.

        (B) USE OF FUNDS- Grants under this subsection shall be used only to provide financial assistance to economically disadvantaged students who participate in the programs described in subparagraph (A).

        (C) NAME OF FELLOWSHIPS- Financial assistance received by students pursuant to this subsection shall be known as Close Up fellowships.

      (2) APPLICATIONS-

        (A) APPLICATION REQUIRED- No grant under this subsection may be made except upon an application at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.

        (B) CONTENTS OF APPLICATION- Each application submitted under this paragraph shall contain assurances that —

          (i) Close Up fellowships provided under this subsection shall be made to economically disadvantaged middle school and secondary school students;

          (ii) every effort shall be made to ensure the participation of students from rural, small town, and urban areas;

          (iii) in awarding the fellowships to economically disadvantaged students, special consideration shall be given to the participation of those students with special educational needs, including students with disabilities, ethnic minority students, and students with migrant parents; and

          (iv) the funds received under this subsection shall be properly disbursed.

    (b) PROGRAM FOR MIDDLE SCHOOL AND SECONDARY SCHOOL TEACHERS-

      (1) ESTABLISHMENT-

        (A) GENERAL AUTHORITY- In accordance with this subsection, the Secretary may make grants to the Close Up Foundation of Washington, District of Columbia, a nonpartisan, nonprofit foundation, for the purpose of assisting the Close Up Foundation in carrying out its programs of professional development for middle school and secondary school teachers and its programs to increase civic responsibility and understanding of the Federal Government among the teachers' students.

        (B) USE OF FUNDS- Grants under this subsection shall be used only to provide financial assistance to teachers who participate in the programs described in subparagraph (A).

        (C) NAME OF FELLOWSHIPS- Financial assistance received by teachers pursuant to this subsection shall be known as Close Up fellowships.

      (2) APPLICATIONS-

        (A) APPLICATION REQUIRED- No grant under this subsection may be made except upon an application at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.

        (B) CONTENTS OF APPLICATION- Each application submitted under this paragraph shall contain assurances that —

          (i) Close Up fellowships provided under this subsection shall be made only to a teacher who has worked with at least one student from such teacher's school who participates in a program described in subsection (a)(1)(A);

          (ii) no teacher shall receive more than one such fellowship in any fiscal year; and

          (iii) the funds received under this subsection shall be properly disbursed.

    (c) PROGRAMS FOR NEW AMERICANS-

      (1) ESTABLISHMENT-

        (A) GENERAL AUTHORITY- In accordance with this subsection, the Secretary may make grants to the Close Up Foundation of Washington, District of Columbia, a nonpartisan, nonprofit foundation, for the purpose of assisting the Close Up Foundation in carrying out its programs of increasing civic responsibility and understanding of the Federal Government among economically disadvantaged middle school and secondary school recent immigrant students.

        (B) DEFINITION- In this subsection, the term recent immigrant student' means a student who is a member of a family that immigrated to the United States within 5 years of the student's participation in such a program.

        (C) USE OF FUNDS- Grants under this subsection shall be used only to provide financial assistance to economically disadvantaged recent immigrant students and their teachers who participate in the programs described in subparagraph (A).

        (D) NAME OF FELLOWSHIPS- Financial assistance received by students and teachers pursuant to this subsection shall be known as Close Up Fellowships for New Americans.

      (2) APPLICATIONS-

        (A) APPLICATION REQUIRED- No grant under this subsection may be made except upon an application at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.

        (B) CONTENTS OF APPLICATION- Each application submitted under this paragraph shall contain assurances that —

          (i) Close Up Fellowships for New Americans shall be made to economically disadvantaged middle school and secondary school recent immigrant students;

          (ii) every effort shall be made to ensure the participation of recent immigrant students from rural, small town, and urban areas;

          (iii) in awarding the fellowships to economically disadvantaged recent immigrant students, special consideration shall be given to the participation of those students with special educational needs, including students with disabilities, students with migrant parents, and ethnic minority students;

          (iv) fully describe the activities to be carried out with the proceeds of the grant made under paragraph (1); and

          (v) the funds received under this subsection shall be properly disbursed.

    (d) GENERAL PROVISIONS-

      (1) ADMINISTRATIVE PROVISIONS-

        (A) ACCOUNTABILITY- In consultation with the Secretary, the Close Up Foundation shall devise and implement procedures to measure the efficacy of the programs authorized in subsections (a), (b), and (c) in attaining objectives that include the following:

          (i) Providing young people with an increased understanding of the Federal Government.

          (ii) Heightening a sense of civic responsibility among young people.

          (iii) Enhancing the skills of educators in teaching young people about civic responsibility, the Federal Government, and attaining citizenship competencies.

        (B) GENERAL RULE- Payments under this section may be made in installments, in advance, or by way of reimbursement, with necessary adjustments on account of underpayments or overpayments.

        (C) AUDIT RULE- The Comptroller General of the United States or any of the Comptroller General's duly authorized representatives shall have access for the purpose of audit and examination to any books, documents, papers, and records that are pertinent to any grant under this section.

      (2) CONTINUATION OF AWARDS- Notwithstanding any other provision of this Act, any person or entity that was awarded a grant under part G of title X before the date of enactment of the No Child Left Behind Act of 2001 shall continue to receive funds in accordance with the terms of such award until the date on which the award period terminates under such terms.


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Last Modified: 09/15/2004