Legislation and notice

Appendix A: Legislation and Notice Supporting CCD Collections
For electronic copies of these documents, please use the following links:
1. ED Legislation
http://www.ed.gov/policy/rschstat/leg/PL107-279.pdf
2. Federal Register Notice re: SPPE
http://www.ed.gov/legislation/FedRegister/other/2004-1/022004e.html

A-1

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,
SECTION 1. TABLE OF CONTENTS.

The table of contents for this Act is as follows:
Sec. 1. Table of contents.
TITLE I—EDUCATION SCIENCES REFORM
Sec. 101. Short title.
Sec. 102. Definitions.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

111.
112.
113.
114.
115.
116.
117.
118.
119.
120.

PART A—THE INSTITUTE OF EDUCATION SCIENCES
Establishment.
Functions.
Delegation.
Office of the Director.
Priorities.
National Board for Education Sciences.
Commissioners of the National Education Centers.
Agreements.
Biennial report.
Competitive awards.

Sec.
Sec.
Sec.
Sec.

131.
132.
133.
134.

PART B—NATIONAL CENTER FOR EDUCATION RESEARCH
Establishment.
Commissioner for Education Research.
Duties.
Standards for conduct and evaluation of research.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

151.
152.
153.
154.
155.
156.
157.
158.

PART C—NATIONAL CENTER FOR EDUCATION STATISTICS
Establishment.
Commissioner for Education Statistics.
Duties.
Performance of duties.
Reports.
Dissemination.
Cooperative education statistics systems.
State defined.

PART D—NATIONAL CENTER
Sec.
Sec.
Sec.
Sec.

171.
172.
173.
174.

EDUCATION EVALUATION
ASSISTANCE

FOR

AND

REGIONAL

Establishment.
Commissioner for Education Evaluation and Regional Assistance.
Evaluations.
Regional educational laboratories for research, development, dissemination, and technical assistance.

PART E—GENERAL PROVISIONS
Sec. 181. Interagency data sources and formats.

H. R. 3801—2
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

182.
183.
184.
185.
186.
187.
188.
189.
190.
191.
192.
193.
194.

Prohibitions.
Confidentiality.
Availability of data.
Performance management.
Authority to publish.
Vacancies.
Scientific or technical employees.
Fellowships.
Voluntary service.
Rulemaking.
Copyright.
Removal.
Authorization of appropriations.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

201.
202.
203.
204.
205.
206.
207.
208.
209.

TITLE II—EDUCATIONAL TECHNICAL ASSISTANCE
Short title.
Definitions.
Comprehensive centers.
Evaluations.
Existing technical assistance providers.
Regional advisory committees.
Priorities.
Grant program for statewide, longitudinal data systems.
Authorization of appropriations.

TITLE III—NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Authorization of appropriations.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

401.
402.
403.
404.
405.
406.

TITLE IV—AMENDATORY PROVISIONS
Redesignations.
Amendments to Department of Education Organization Act.
Repeals.
Conforming and technical amendments.
Orderly transition.
Impact aid.

TITLE I—EDUCATION SCIENCES
REFORM
SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘Education Sciences Reform
Act of 2002’’.
SEC. 102. DEFINITIONS.

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—

H. R. 3801—3
(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 centerbased, 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)).

H. R. 3801—4
(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;

H. R. 3801—5
(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
SEC. 111. ESTABLISHMENT.

(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.

H. R. 3801—6
(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).
SEC. 112. FUNCTIONS.

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.
SEC. 113. DELEGATION.

(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

H. R. 3801—7
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.
SEC. 114. OFFICE OF THE DIRECTOR.

(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).

H. R. 3801—8
(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,

H. R. 3801—9
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.
SEC. 115. PRIORITIES.

(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 highquality 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).
SEC. 116. NATIONAL BOARD FOR EDUCATION SCIENCES.

(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:

H. R. 3801—10
(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.

H. R. 3801—11
(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.

H. R. 3801—12
(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

H. R. 3801—13
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.
SEC. 117. COMMISSIONERS OF THE NATIONAL EDUCATION CENTERS.

(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.

H. R. 3801—14
(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.
SEC. 118. AGREEMENTS.

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).
SEC. 119. BIENNIAL REPORT.

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.
SEC. 120. COMPETITIVE AWARDS.

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.

H. R. 3801—15
PART B—NATIONAL CENTER FOR EDUCATION
RESEARCH
SEC. 131. ESTABLISHMENT.

(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 highquality 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.
SEC. 132. COMMISSIONER FOR EDUCATION RESEARCH.

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.
SEC. 133. DUTIES.

(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—

H. R. 3801—16
(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

H. R. 3801—17
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.

H. R. 3801—18
SEC. 134. STANDARDS FOR CONDUCT AND EVALUATION OF RESEARCH.

(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
SEC. 151. ESTABLISHMENT.

(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;

H. R. 3801—19
(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.
SEC. 152. COMMISSIONER FOR EDUCATION STATISTICS.

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.
SEC. 153. DUTIES.

(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—

H. R. 3801—20
(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

H. R. 3801—21
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.
SEC. 154. PERFORMANCE OF DUTIES.

(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.
SEC. 155. REPORTS.

(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

H. R. 3801—22
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.
SEC. 156. DISSEMINATION.

(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.

H. R. 3801—23
SEC. 157. COOPERATIVE EDUCATION STATISTICS SYSTEMS.

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.
SEC. 158. STATE DEFINED.

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
SEC. 171. ESTABLISHMENT.

(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.
SEC.

172.

COMMISSIONER FOR EDUCATION
REGIONAL ASSISTANCE.

EVALUATION

AND

(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;

H. R. 3801—24
(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

H. R. 3801—25
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))).
SEC. 173. EVALUATIONS.

(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;

H. R. 3801—26
(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.
SEC. 174. REGIONAL EDUCATIONAL LABORATORIES FOR RESEARCH,
DEVELOPMENT,
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)).

H. R. 3801—27
(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

H. R. 3801—28
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, researchbased 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

H. R. 3801—29
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 userfriendly, 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.

H. R. 3801—30
(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;

H. R. 3801—31
(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.

H. R. 3801—32
(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
SEC. 181. INTERAGENCY DATA SOURCES AND FORMATS.

The Secretary, in consultation with the Director, shall ensure
that the Department and the Institute use common sources of
data in standardized formats.
SEC. 182. PROHIBITIONS.

(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

H. R. 3801—33
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.
SEC. 183. CONFIDENTIALITY.

(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).
SEC. 184. AVAILABILITY OF DATA.

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.
SEC. 185. PERFORMANCE MANAGEMENT.

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.

H. R. 3801—34
(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.
SEC. 186. AUTHORITY TO PUBLISH.

(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).
SEC. 187. VACANCIES.

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.
SEC. 188. SCIENTIFIC OR TECHNICAL EMPLOYEES.

(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–

H. R. 3801—35
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.
SEC. 189. FELLOWSHIPS.

In order to strengthen the national capacity to carry out highquality 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.
SEC. 190. VOLUNTARY SERVICE.

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.
SEC. 191. RULEMAKING.

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.
SEC. 192. COPYRIGHT.

Nothing in this Act shall be construed to affect the rights,
remedies, limitations, or defense under title 17, United States Code.
SEC. 193. REMOVAL.

(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.

H. R. 3801—36
SEC. 194. AUTHORIZATION OF APPROPRIATIONS.

(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.

TITLE II—EDUCATIONAL TECHNICAL
ASSISTANCE
SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘Educational Technical Assistance
Act of 2002’’.
SEC. 202. DEFINITIONS.

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.
SEC. 203. COMPREHENSIVE CENTERS.

(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

H. R. 3801—37
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,

H. R. 3801—38
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 lowincome 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

H. R. 3801—39
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

H. R. 3801—40
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.
SEC. 204. EVALUATIONS.

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.
SEC. 205. EXISTING TECHNICAL ASSISTANCE PROVIDERS.

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.
SEC. 206. REGIONAL ADVISORY COMMITTEES.

(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.

H. R. 3801—41
(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.

H. R. 3801—42
SEC. 207. PRIORITIES.

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.
SEC. 208. GRANT PROGRAM FOR STATEWIDE, LONGITUDINAL DATA
SYSTEMS.

(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.

H. R. 3801—43
SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

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.

TITLE III—NATIONAL ASSESSMENT OF
EDUCATIONAL PROGRESS
SEC. 301. SHORT TITLE.

This title may be referred to as the ‘‘National Assessment
of Educational Progress Authorization Act’’.
SEC. 302. DEFINITIONS.

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.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

(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.

TITLE IV—AMENDATORY PROVISIONS
SEC. 401. REDESIGNATIONS.

(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

H. R. 3801—44
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.

H. R. 3801—45
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.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

301.
302.
303.
304.
305.

Short title.
National Assessment Governing Board.
National Assessment of Educational Progress.
Definitions.
Authorization of appropriations.’’.

SEC. 402. AMENDMENTS TO DEPARTMENT OF EDUCATION ORGANIZATION ACT.

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:

H. R. 3801—46
‘‘(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.’’.
SEC. 403. REPEALS.

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)).
SEC. 404. CONFORMING AND TECHNICAL AMENDMENTS.

(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

H. R. 3801—47
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’’.
SEC. 405. ORDERLY TRANSITION.

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.).
SEC. 406. IMPACT AID.

(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:

H. R. 3801—48
‘‘(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.

Federal Register / Vol. 69, No. 34 / Friday, February 20, 2004 / Notices
Electronic Access to This Document
You may view this document, as well
as all other Department of Education
documents published in the Federal
Register, in text or Adobe Portable
Document Format (PDF) on the Internet
at the following site: www.ed.gov/news/
fedregister.
To use PDF you must have Adobe
Acrobat Reader, which is available free
at this site. If you have questions about
using PDF, call the U.S. Government
Printing Office (GPO), toll free, at 1–
888–293–6498; or in the Washington,
DC, area at (202) 512–1530.
Note: The official version of this document
is the document published in the Federal
Register. Free Internet access to the official
edition of the Federal Register and the Code
of Federal Regulations is available on GPO
Access at: www.gpoaccess.gov/nara/
index.html.
(Catalog of Federal Domestic Assistance
Number 84.350 Transition to Teaching)
Program Authority: 20 U.S.C. 4683 et seq.
Dated: February 13, 2004.
Nina Shokraii Rees,
Deputy Under Secretary for Innovation and
Improvement.
[FR Doc. 04–3739 Filed 2–19–04; 8:45 am]
BILLING CODE 4000–01–P

DEPARTMENT OF EDUCATION
Submission of Data by State
Educational Agencies
AGENCY: National Center for Education
Statistics, Institute of Education
Sciences, Department of Education.
ACTION: Notice of dates of submission of
State revenue and expenditure reports
for fiscal year 2003 and of revisions to
those reports.
SUMMARY: The Secretary of Education
announces dates for the submission by
State educational agencies (SEAs) of
expenditure and revenue data and
average daily attendance statistics on ED
Form 2447 (the National Public
Education Financial Survey) for fiscal
year (FY) 2003. The Secretary sets these
dates to ensure that data are available to
serve as the basis for timely distribution
of Federal funds. The U.S. Bureau of the
Census is the data collection agent for
the National Center for Education
Statistics (NCES). The data will be
published by NCES and will be used by
the Secretary in the calculation of
allocations for FY 2005 appropriated
funds.
DATES: The date on which submissions
will first be accepted is March 15, 2004.
The mandatory deadline for the final
submission of all data, including any

VerDate jul<14>2003

14:49 Feb 19, 2004

Jkt 203001

revisions to previously submitted data,
is September 7, 2004.
ADDRESSES AND SUBMISSION INFORMATION:
SEAs may mail ED Form 2447 to:
Bureau of the Census, ATTENTION:
Governments Division, Washington, DC
20233–6800.
SEAs may submit data via the World
Wide Web using the interactive survey
form at http://www.census.gov/govs/
www/npefs.html. If the Web form is
used, it includes a digital confirmation
page where a pin number may be
entered. A successful entry of the pin
number serves as a signature by the
authorizing official. A certification form
may also be printed from the Web site,
and signed by the authorizing official
and mailed to the Governments Division
of the Bureau of the Census, at the
address listed in the previous
paragraph. This signed form must be
mailed within five business days of web
form data submission.
Alternatively, SEAs may hand deliver
submissions by 4 p.m. (Eastern Time) to:
Governments Division, Bureau of the
Census, 8905 Presidential Parkway,
Washington Plaza II, room 508, Upper
Marlboro, MD 20772.
If an SEA’s submission is received by
the Bureau of the Census after
September 7, 2004, in order for the
submission to be accepted, the SEA
must show one of the following as proof
that the submission was mailed on or
before the mandatory deadline date:
1. A legibly dated U.S. Postal Service
postmark.
2. A legible mail receipt with the date
of mailing stamped by the U.S. Postal
Service.
3. A dated shipping label, invoice, or
receipt from a commercial carrier.
4. Any other proof of mailing
acceptable to the Secretary.
If the SEA mails ED Form 2447
through the U.S. Postal Service, the
Secretary does not accept either of the
following as proof of mailing:
1. A private metered postmark.
2. A mail receipt that is not dated by
the U.S. Postal Service.

Note: The U.S. Postal Service does not
uniformly provide a dated postmark. Before
relying on this method, an SEA should check
with its local post office.
FOR FURTHER INFORMATION CONTACT: Ms.
Sharon J. Meade, Chief, Bureau of the
Census, ATTENTION: Governments
Division, Washington, DC 20233–6800.
Telephone: (301) 763–7316. If you use a
telecommunications device for the deaf
(TDD), you may call the Federal
Information Relay Service (FIRS) at 1–
800–877–8339.
Individuals with disabilities may
obtain this document in an alternative

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Frm 00016

Fmt 4703

Sfmt 4703

7919

format (e.g., Braille, large print,
audiotape, or computer diskette) on
request to: Frank Johnson, National
Center for Education Statistics, Institute
of Education Sciences, U.S. Department
of Education, Washington, DC 20208–
5651. Telephone: (202) 502–7362.
SUPPLEMENTARY INFORMATION: Under the
authority of section 153(a)(1)(I) of the
Education Sciences Reform Act of 2002
(P.L. 107–279), 20 U.S.C. 9543, which
authorizes NCES to gather data on the
financing of education, NCES collects
data annually from SEAs through ED
Form 2447. The report from SEAs
includes attendance, revenue, and
expenditure data from which NCES
determines the average State per pupil
expenditure (SPPE) for elementary and
secondary education, as defined in the
Elementary and Secondary Education
Act of 1965, as amended (ESEA)
(currently 20 U.S.C. 7801(2)).
In addition to utilizing the SPPE data
as general information on the financing
of elementary and secondary education,
the Secretary uses these data directly in
calculating allocations for certain
formula grant programs, including Title
I of the ESEA, Impact Aid, and Indian
Education. Other programs such as the
Educational Technology State Grants
program (Title II, Part D), the Education
for Homeless Children and Youth
Program under Title VII of the
McKinney-Vento Homeless Assistance
Act, the Teacher Quality State Grants
(Title II, Part A) Program, and the Safe
and Drug-Free Schools and
Communities (Title IV, Part A) Program
make use of SPPE data indirectly
because their formulas are based, in
whole or in part, on State Title I
allocations.
In January 2004, the Bureau of the
Census, acting as the data collection
agent for NCES, will mail to SEAs ED
Form 2447 with instructions and
request that SEAs submit data to the
Bureau of the Census on March 15,
2004, or as soon as possible thereafter.
SEAs are urged to submit accurate and
complete data on March 15, or as soon
as possible thereafter, to facilitate timely
processing. Submissions by SEAs to the
Bureau of the Census will be checked
for accuracy and returned to each SEA
for verification. All data, including any
revisions, must be submitted to the
Bureau of the Census by an SEA not
later than September 7, 2004.
Having accurate and consistent
information on time is critical to an
efficient and fair allocation process and
to the NCES statistical process. To
ensure timely distribution of Federal
education funds based on the best, most
accurate data available, NCES

E:\FR\FM\20FEN1.SGM

20FEN1

7920

Federal Register / Vol. 69, No. 34 / Friday, February 20, 2004 / Notices

establishes, for allocation purposes,
September 7, 2004, as the final date by
which the NPEFS web form or ED Form
2447 must be submitted. However, if an
SEA submits revised data after the final
deadline that results in a lower SPPE
figure, its allocations may be adjusted
downward or the Department may
request the SEA to return funds. SEAs
should be aware that all of these data
are subject to audit and that, if any
inaccuracies are discovered in the audit
process, the Department may seek
recovery of overpayments for the
applicable programs. If an SEA submits
revised data after September 7, 2004, the
data may also be too late to be included
in the final NCES published dataset.
Electronic Access to This Document
You may view this document, as well
as all other Department of Education
documents published in the Federal
Register, in text or Adobe Portable
Document Format (PDF) on the Internet
at the following site: http://www.ed.gov/
news/fedregister.
To use PDF you must have Adobe
Acrobat Reader, which is available free
at this site. If you have questions about
using PDF, call the U.S. Government
Printing Office (GPO), toll free, at 1–
888–293–6498; or in the Washington,
DC area at (202) 512–1530.
Note: The official version of this document
is the document published in the Federal
Register. Free Internet access to the official
edition of the Federal Register and the Code
of Federal Regulations is available on GPO
Access at: http://www.gpoaccess.gov/nara/
index.html.
Authority: 20 U.S.C. 9543.
Dated: February 13, 2004.
Grover J. Whitehurst,
Director, Institute of Education Sciences.
[FR Doc. 04–3740 Filed 2–19–04; 8:45 am]
BILLING CODE 4000–01–P

DEPARTMENT OF ENERGY
National Energy Technology
Laboratory; Notice of Availability of a
Funding Opportunity Announcement
AGENCY: National Energy Technology
Laboratory, Department of Energy
(DOE).
ACTION: Notice of availability of a
funding opportunity announcement.
SUMMARY: Notice is hereby given of the
intent to issue funding opportunity
announcement no. DE–PS26–
04NT42092 entitled ‘‘Solid State
Lighting Core Technologies’’. The
Department of Energy (DOE), National
Energy Technology Laboratory (NETL),

VerDate jul<14>2003

14:49 Feb 19, 2004

Jkt 203001

on behalf of the Office of Energy
Efficiency and Renewable Energy
(EERE), announces that it intends to
conduct a competitive funding
opportunity announcement. DOE has set
aggressive goals for solid state lighting
(SSL) research and development: by
2015, to develop advanced solid state
lighting technologies that, compared to
conventional lighting technologies, are
much more energy efficient, longer
lasting, and cost-competitive. The SSL
operational plan features two avenues:
core technology research and product
development. The core technology
program will focus on breakthrough
technologies that are typically longerterm in nature. These technology
breakthrough projects will enable the
product development organizations to
continue their development process in
parallel in order to advance the SSL
technology and meet the goals of the
program. Subject to approval of an
exceptional circumstance determination
pursuant to the Bayh-Dole Act,
(covering inventions of small business,
non-profit and educational institutions)
core technology project recipients will
be required to enter into good faith
negotiations intended to lead to the
licensing of inventions conceived or
first actually reduced to practice under
the project to product development
organizations on a non-exclusive,
royalty bearing basis for a defined field
of use. In addition, DOE plans to
competitively solicit a SSL Partnership
composed of manufacturers and allies
that broadly represent the industry. The
partnership will, among other things,
provide input and prioritization of the
core technology needs.
The intent of this announcement is to
solicit and receive applications for the
core technology research area. This
research will support multiple enabling
or fundamental solid state lighting
technology areas for general
illumination applications. Applications
should support the established mission
of the 2003 Solid State Lighting Workshop (http://www.netl.doe.gov/ssl/) held
in Washington, DC in November 2003.
Applications will be subjected to a
comprehensive technical review and
awards will be made to a select number
of applicants based upon the evaluation
criteria, relevant program policy factors,
and the availability of funds.
DATES: The funding opportunity
announcement will be available on the
‘‘Industry Interactive Procurement
System’’ (IIPS) Web page located at
http://e-center.doe.gov on or about
February 27, 2004. Applicants can
obtain access to the funding opportunity
announcement from the address above

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Frm 00017

Fmt 4703

Sfmt 4703

or through DOE/NETL’s Web site at
http://www.netl.doe.gov/business.
Questions and comments regarding the
content of the announcement should be
submitted through the ‘‘Submit
Question’’ feature of IIPS at http://ecenter.doe.gov. Locate the
announcement on IIPS and then click
on the ‘‘Submit Question’’ button. You
will receive an electronic notification
that your question has been answered.
Responses to questions may be viewed
through the ‘‘View Questions’’ feature. If
no questions have been answered, a
statement to that effect will appear. You
should periodically check ‘‘View
Questions’’ for new questions and
answers.
FOR FURTHER INFORMATION CONTACT: Sue
Miltenberger, MS I07, U.S. Department
of Energy, National Energy Technology
Laboratory, P.O. Box 880, 3610 Collins
Ferry Road, Morgantown, WV 26507–
0880. E-mail address:
[email protected];
telephone number: (304) 285–4083.
SUPPLEMENTARY INFORMATION: It is
anticipated that $6.0 million of Federal
funding will be available for awards
under this program. The anticipated
funding would be available over
multiple Federal fiscal years. Three to
six awards are expected to be made in
the fourth quarter of Fiscal Year 2004.
Consistent with the recommendations
and conclusions of the November 2003,
Solid State Lighting Workshop,
applications will be considered in the
following areas: Topic Area 1—
Inorganic; Subtopic (1a) High efficiency
visible and near UV (>380nm)
semiconductor materials for LED based
on general illumination technology;
Subtopic (1b) Advanced architecture
and high power conversion efficiency
emitters; Subtopic (1c) High
temperature, efficient, long-life
phosphors, luminescent materials for
wavelength conversion and
encapsulants; Topic Area 2—Organic;
Subtopic (2a) High efficiency, low
voltage, stable materials for OLED-based
general illumination technology (hosts,
dopants, and transport layers); Subtopic
(2b) Strategies for improved light
extraction and manipulation; and
Subtopic (2c) Novel device structures
for improved performance and low cost.
Only research that is consistent with
these needs and represents fundamental
advancements in the price and
performance relationship for solid state
lighting for general illumination
applications will be considered for
award.
Once released, the funding
opportunity announcement will be
available for downloading from the IIPS

E:\FR\FM\20FEN1.SGM

20FEN1

Appendix B.—Comparison of data from the 2001–02 Common Core of Data surveys
FTE teacher totals

Student membership totals

FIPST
01
02
04
05
06

State
Alabama
Alaska
Arizona
Arkansas
California

School
45,905.0
7,827.4
45,753.7
32,507.0
292,821.8

Agency
46,075.1
8,025.4
46,081.2
33,079.0
298,178.7

Level
State
46,796
8,026
46,015
33,079
304,296

08
09
10
11
12

Colorado
Connecticut
Delaware
District of Columbia
Florida

44,039.1
41,789.6
7,390.8
4,936.0
138,473.0

44,181.9
41,768.9
7,570.6
4,951.0
135,625.0

44,182
41,773
7,571
4,951
134,684

741,683
570,228
115,494
75,392
2,500,478

742,145
570,228
115,563
75,392
2,504,916

742,145
570,228
115,555
75,392
2,500,478

13
15
16
17
18

Georgia
Hawaii
Idaho
Illinois
Indiana

90,963.5
10,936.8
13,853.5
125,566.7
58,983.1

92,732.6
11,006.7
13,853.5
129,599.8
59,657.4

92,732
11,007
13,854
129,600
59,658

1,470,634
184,546
246,292
2,071,391
995,970

1,470,634
184,546
246,521
2,071,391
997,152

1,470,634
184,546
246,521
2,071,391
996,133

19
20
21
22
23

Iowa
Kansas
Kentucky
Louisiana
Maine

36,281.6
32,793.4
34,190.9
49,150.6
15,544.4

34,906.0
33,084.0
40,374.8
49,980.4
16,741.0

34,906
33,084
40,375
49,980
16,741

485,932
466,360
621,956
730,816
205,395

485,932
470,204
654,363
731,328
210,452

485,932
470,205
654,363
731,328
205,586

24
25
26
27
28

Maryland
Massachusetts
Michigan
Minnesota
Mississippi

53,427.8
—
97,538.2
51,865.1
31,126.6

53,773.9
68,940.8
98,697.9
53,082.8
31,213.1

53,774
68,942
98,849
53,081
31,213

860,640
973,140
1,720,266
851,384
493,509

860,640
973,467
1,730,668
851,384
493,507

860,640
973,140
1,730,668
851,384
493,507

29
30
31
32
33

Missouri
Montana
Nebraska
Nevada
New Hampshire

66,398.1
10,409.4
20,913.5
18,207.2
14,677.1

66,028.4
10,408.7
21,083.0
19,275.5
14,677.1

65,240
10,408
21,083
19,276
14,677

911,895
151,515
285,095
357,420
206,847

915,129
151,947
285,095
356,814
206,847

909,792
151,947
285,095
356,814
206,847

34
35
36
37
38

New Jersey
New Mexico
New York
North Carolina
North Dakota

100,314.9
21,121.7
193,153.6
88,123.0
8,035.2

103,610.5
21,783.6
209,094.0
85,683.8
8,035.2

103,611
21,823
209,128
85,684
8,035

1,341,691
320,260
2,870,415
1,315,363
106,047

1,341,669
320,260
2,872,132
1,315,363
106,047

1,341,656
320,260
2,872,132
1,315,363
106,047

39
40
41
42
44

Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island

112,850.2
40,954.3
27,643.0
112,153.1
11,103.3

123,920.9
41,631.6
28,171.4
118,469.9
11,103.3

122,115
41,632
28,402
118,470
11,103

1,868,732
622,139
553,405
1,821,627
158,046

1,820,710
622,140
551,480
1,821,627
158,046

1,830,985
622,139
551,480
1,821,627
158,046

45
46
47
48
49

South Carolina
South Dakota
Tennessee
Texas
Utah

45,897.8
9,316.5
—
281,948.4
22,020.7

46,605.9
9,370.3
58,357.7
282,854.1
22,326.5

46,616
9,370
58,357
282,846
22,211

673,079
127,907
897,702
4,163,447
480,915

674,165
127,512
897,702
4,163,447
480,915

691,078
127,542
925,030
4,163,447
484,677

50
51
53
54
55

Vermont
Virginia
Washington
West Virginia
Wisconsin

8,766.2
85,862.9
51,573.5
19,699.4
59,360.5

8,554.6
86,570.2
52,535.0
20,138.8
60,918.4

8,554
89,314
52,534
20,139
60,918

101,179
1,163,091
1,009,200
282,875
879,163

101,179
1,163,091
1,009,200
282,885
879,361

101,179
1,163,091
1,009,200
282,885
879,361

56
59
58
61
60

Wyoming
Bureau of Indian Affairs
Department of Defense Overseas
Department of Defense Domestic
American Samoa

6,621.3
—
5,159.5
2,479.4
914.0

7,026.7
—
5,152.5
2,486.5
914.0

7,026
—
5,154
2,486
914

88,130
46,476
73,237
32,847
15,897

87,897
46,476
73,237
32,847
15,897

88,128
46,476
73,212
32,847
15,897

66
Guam
1,919.0
1,918.0
1,918
31,993
31,992
69
Northern Marianas
519.4
519.0
519
10,479
10,479
72
Puerto Rico
42,882.0
42,906.0
42,906
604,177
604,177
78
Virgin Islands
1,231.0
—
—
18,780
18,780
— Data missing.
SOURCE: Data reported by states to U.S. Department of Education, National Center for Education Statistics, Common Core of Data "Public
Elementary/Secondary School Universe Survey", 2001–02, version 1a, "Local Education Agency Universe Survey", 2001–02, version 1a, and "State
Nonfiscal Survey", 2001–02, version 1a.

31,992
10,479
604,177
18,780

B-1

School
726,205
134,367
922,180
449,805
6,147,375

Agency
726,991
134,358
922,180
449,805
6,147,375

State
737,294
134,358
922,180
449,805
6,248,610

Appendix C: Fiscal and Nonfiscal Coordinators, and EIAC Endorsement of Proposed
Surveys

For electronic copies of these documents, please use the following links:
1. CCD Coordinators: http://nces.ed.gov/ccd/contact.asp
2. EIAC Endorsement of CCD Surveys:
http://www.ccsso.org/content/pdfs/EIACGenStatsReportFall03.pdf

C-1

Fiscal State Coordinators' Contact Information
State

Telephone

E-Mail

AK

Alaska Department of
Nora Janette
Education and Early
Bakkala
Development

(907) 465-8685

[email protected]

AL

Barry
Alabama Department
Kachelhofer of Education

(334) 242-9914

[email protected]

(501) 682-2887

[email protected]

(684) 633-5237
Ext. 0022

[email protected]

AR

Name

Kathleen
Crain

Organization

Arkansas Department
of Education

AS

American Samoa
Russell Aab Department of
Education

AZ

Lyle Friesen

Arizona Department of
(602) 542-4351
Education

[email protected]

CA

Peggy
O'Guin

California Department
(916) 323-0765
of Education

[email protected]

CO

Vody
Herrmann

Colorado Department
of Education

(303) 866-6845

[email protected]

CT

Brian
Mahoney

Connecticut State
Department of
Education

(860) 713-6464

[email protected]

DC

Gloria
Beville

District of Columbia
Public Schools

(202) 442-5250

[email protected]

DE

Jerry
Gallagher

Delaware Department
of Education

(302) 739-4662

[email protected]

FL

Linda
Champion

Florida Department of
Education

(850) 245-0405

[email protected]

GA

John Dunn

Georgia Department of
(404) 656-6754
Education

[email protected]

GU

Felix Calvo

Guam Department of
Education

(671) 475-0237

[email protected]

HI

Lisa
Hankins

Hawaii Department of
Education

(808) 586-3368

[email protected]

IA

Leland Tack

Iowa Department of
Education

(515) 281-5293

[email protected]

ID

Julie Oberle

Idaho Department of
Education

(208) 332-6842

[email protected]

C-2

IL

Deborah
Vespa

Illinois State Board of
Education

IN

Gary
Tatlock

Indiana Department of
(317) 232-0808
Education

KS

Sara Barnes

Kansas Department of
Education

(785) 296-4972

[email protected]

KY

Georgeann Kentucky Department
Burton
of Education

(502) 564-3846

[email protected]

LA

Elizabeth
Scioneaux

Louisiana State
Department of
Education

(225) 342-4989

[email protected]

MA

Phyllis
Rogers

Massachusetts
Department of
Education

(781) 338-6534

[email protected]

MD

Sovaroun
Ieng

Maryland Department
of Education

(410) 767-0271

[email protected]

Maine Department of
Education

(207) 624-6790

[email protected]

(517) 335-0524

[email protected]

ME Joanne Allen

(217) 785-8779

MI

Glenda
Rader

Michigan Department
of Education

MN

Debrah
Fickus

Minnesota Department
of Children, Families (651) 582-8770
& Learning

[email protected]
[email protected]

[email protected]

MO

Missouri Department
Gerri Ogle of Elementary &
Secondary Education

(573) 751-2587

[email protected]

MP

Tim
CNMI Public School
Thornburgh System

(670) 664-3790

[email protected]

Mississippi
Department of
Education

(601) 359-3294

[email protected]

Montana Office of
Public Instruction

(406) 444-1257

[email protected]

MS

Wanda
Rutland

MT

Jim
Oberembt

NC

Engin
Konanc

North Carolina
Department of Public
Instruction

(919) 807-3754

[email protected]

ND

Girish
Budhwar

North Dakota
Department of Public
Instruction

(701) 328-4886

[email protected]

C-3

Nebraska Department
of Education

(402) 471-4320

[email protected]

Ronald
Leclerc

New Hampshire
Department of
Education

(603) 271-3876

[email protected]

Heather
Leary

New Jersey
Department of
Education

(609) 984-4945

[email protected]

New Mexico
NM Steve Burell Department of
Education

(505) 827-6537

[email protected]

NE

Russ Inbody

NH

NJ

NV
NY

Douglas
Thunder

Nevada Department of
(775) 687-9175
Education

Elisabeth New York State
(518) 474-1367
Egetemeyr Education Department

[email protected]
[email protected]

OH

Chuck
Morris

Ohio Department of
Education

(614) 752-8709

[email protected]

OK

Lacricia
Norman

Oklahoma State
Department of
Education

(405) 521-2517

[email protected]

OR

Barbara
Oregon Department of (503) 378-3600
Cruickshank Education
Ext. 2652

PA

Bonnie
Kabonick

Pennsylvania Office of
the Budget, Education (717) 783-9000
Comptroller's Office

PR

Wanda
Acevedo
Torres

Puerto Rico
Department of
Education

RI

Michael
Saunders

Rhode Island
Department of
(401) 222-4600
Elementary/Secondary
Education

SC

Torina
McGee

(787) 753-0531

[email protected]
[email protected]

[email protected]

[email protected]

South Carolina
Department of
Education

(803) 734-8910

[email protected]

SD

South Dakota
Karen Hasek Department of
Education

(605) 773-5407

[email protected]

TN

David Huss

Tennessee Department
(615) 532-9510
of Education

C-4

[email protected]

TX

Melinda
Fowler

Texas Education
Agency

(512) 463-9704

[email protected]

UT

Richard
Tolley

Utah State Office of
Education

(801) 538-7670

[email protected]

VA

Marcia
Cotov

Virginia Department
of Education

(804) 225-2025

[email protected]

(340) 774-0100
Ext. 3083

[email protected]

VI

Virgin Islands
Kemo Smith Department of
Education

VT

Vaughn
Altemus

Vermont Department
of Education

(802) 828-0472 [email protected]

WA

Pamela
Peppers

Washington State
Superintendent of
Public Instruction

(360) 725-6304

[email protected]

WI

Stephen
Conlin

Wisconsin Department
(608) 266-6947
of Public Instruction

[email protected]

WV

Joseph
Panetta

West Virginia
Department of
Education

(304) 558-6300

[email protected]

WY

Wayne
Milton

Wyoming Department
(307) 777-3672
of Education

[email protected]

C-5

Non-Fiscal State Coordinators’ Contact Information
State

Name

Organization

Telephone

E-Mail

AK

State of Alaska
Erik
Department of
McCormick
Education

(907) 465-8686

[email protected]

AL

Alabama State
Mark Dokas Department of
Education

(334) 242-9724

[email protected]

AR

Arkansas
Doris Stewart Department of
Education

(501) 682-4475

[email protected]

Gerald van
Mourik

Arizona
Department of
Education

(602) 542-8241

[email protected]

CA

Karl Scheff

California
Department of
Education

(916) 327-0192

[email protected]

CO

Jan Rose
Petro

Colorado
Department of
Education

(303) 866-6838

[email protected]

CT

Richard
Cloud

Connecticut
Department of
Education

(860) 713-6871

[email protected]

DC

Linda Faison

DC Public
Schools

(202) 442-5142

[email protected]

(302) 739-4583

[email protected]

(850) 245-9917

[email protected]

(404) 463-6504

[email protected]

(808) 692-7267

[email protected]

AZ

DE

Pat Dunn

Delaware
Department of
Education

FL

G. Lavan
Dukes

Florida
Department of
Education

Georgia
GA Levette Williams Department of
Education
HI

Clyde
Igarashi

Hawaii
Department of
Education

C-6

IA

Shawn
Snyder

Iowa
Department of
Education

(515) 281-4837

[email protected]

ID

Myrna
Holgate

Idaho State
Department of
Education

(208) 332-6845

[email protected]

IL

Dennis
Powell

Illinois State
Board of
Education

(217) 558-3652

[email protected]

IN

Indiana
Gary Tatlock Department of
Education

(317) 232-0808

[email protected]

KS

Kansas State
Sara Barnes Department of
Education

(785) 296-4972

[email protected]

KY

Kentucky
Karen Waugh Department of
Education

(502) 564-5279

[email protected]

Louisiana
Department of
Education

(225) 342-2503

[email protected]

MA

Massachusetts
Paula Willis Department of
Education

(781) 338-3629

[email protected]

MD

Maryland State
Linda Baker Department of (410) 767-0033
Education

LA

Steven
Marangos

[email protected]

ME

Gilbert
Whitmore

Maine
Department of
Education

(207) 624-6805

[email protected]

MI

Carol Jones

Michigan
Department of
Education

(517) 335-6445

[email protected]

MN

Minnesota
Dept of
Donna Jones Children
Families &
Learning

(651) 582-8533

[email protected]

C-7

MO

Tom Ogle

Department of
Elementary &
Secondary
Education

MS

M. Francie
GilmoreDunn

Mississippi
Department of
Education

(601) 359-3487

[email protected]

MT

Linda
Atwood

Montana
Department of
Education

(406) 444-6712

[email protected]

NE

Pamela
Tagart

Nebraska
Department of
Education

(402) 471-2367

[email protected]

NH

Ronald
Leclerc

New
Hampshire
Department of
Education

(603) 271-3876

[email protected]

New Jersey
Faith Sarafin Department of
Education

(609) 292-6037

[email protected]

New Mexico
Department of
Education

(505) 827-6526

[email protected]

Nevada
Kim Vidoni Department of
Education

(775) 687-9131

[email protected]

NY

Charlene
Swanson

New York
State
Department of
Education

(518) 474-7965

[email protected]

NC

R. Engin
Konanc

North Carolina
Dept of Public
Instruction

(919) 715-1609

[email protected]

ND

North Dakota
Department of
Steve Hiebert
Public
Instruction

(701) 328-4886

[email protected]

OH

Ohio
Jim
Department of
Daubenmire
Education

NJ

NM

NV

Henry
Borgrink

(573) 751-9060

[email protected]

(614) 4660057

C-8

[email protected]

Oklahoma
State
Department of
Education

(405) 521-3354

dawn_williams
@sde.state.ok.us

Oregon
Brian Reeder Department of
Education

(503) 378-5965

[email protected]

Jerry
Hottinger

Pennsylvania
Department of
Education

(717) 783-6755

[email protected]

RI

Kenneth Gu

Rhode Island
Department of
Education

(401) 222-4600

[email protected]

SC

Yvonne
Gladman

South Carolina
Department of
Education

(803) 734-8106

[email protected]

South Dakota
Susan
Department of
Woodmansey
Education

(605) 773-4748

[email protected]

Tennessee
Department of
Education

(615) 532-9510

[email protected]

OK

OR

PA

SD

Dawn
Williams

TN

David Huss

TX

Melinda
Fowler

Texas
Education
Agency

(512) 463-5897

[email protected]

UT

Randy
Raphael

Utah State
Office of
Education

(801) 538-7802

[email protected]

VA

Janet
Christopher

Virginia
Department of
Education

(804) 786-1212 [email protected]

VT

Stacey
Murdock

Vermont
Department of
Education

(802) 828-0473

[email protected]

WA

Gayle
Hedensten

Office of
Superintendent
of Public
Instruction

(360) 725-6376

[email protected]

C-9

Barbara
Ballweg

Wisconsin
Department of
Public
Instruction

(608) 267-3166

[email protected]

WV

Mike Cox

West Virginia
Department of
Education

(304) 558-8869

[email protected]

WY

David
Wilhelm

Wyoming
Department of
Education

(307) 777-8749

[email protected]

DD

Carole
Newman

Department of
Defense
Education
Activity

(703) 588-3122

[email protected]

AS

Russell Aab

Department of
Education

(684) 633-5237

[email protected]

GU

Nerissa
BretaniaShafer

Guam
Department of
Education

(671) 472-2241

[email protected]

MP

William
Matson

CNMI Public
School System

(670) 664-3790

[email protected]

Puerto Rico
Jose Edgardo
Department of
Sanchez
Education

(787) 754-1075

[email protected]

Virgin Islands
Department of
Education

(340) 774-0100

[email protected]

Bureau of
Indian Affairs

(202) 208-5820

[email protected]

WI

PR

VI

Hyacinth
Walters

BIA Dalton Henry

C-10

INFORMATIONAL REPORT
FALL 2003 EIAC MEETING
WASHINGTON, D.C.
OCTOBER 6 - 8, 2003

GENERAL STATISTICS SUBCOMMITTEE
CO-CHAIR: JANET CHRISTOPHER
CO-CHAIR: MIKE COX
AGENDA ITEM: Science and Math Indicators
ROLF BLANK, DOREEN LANGESEN FROM CCSSO
PRESENTATION SUMMARY: Rolf gave the committee copies of the latest published report
(2001), a copy of the memo to be sent to the Chiefs explaining the purpose of the survey, the
production schedule and the schedule of expected responses from each state. He said that an
avenue for feedback on this report was available on the web. The indicators and format of the
request have not changed, so no action was required
SUB-COMMITTEE COMMENTS: The committee asked if the trend data for all states could be
made available. The web was mentioned as a possible way this request could be met. Also the
committee asked if there were any plans to merge this data with PBDMI . The response was that
PBDMI was a function of the US Department of Education and that no plans were being made to
incorporate data from other sources,
SUB-COMMITTEE ACTION: Informational session only. No action taken.
AGENDA ITEM: FRSS Update
LAURIE LEWIS FROM WESTAT
PRESENTATION SUMMARY: Three surveys previously review are either in the field or are
about to be: “Internet Access in Public School, Fall 2003”, “ Dual Credit and Exam-Based
Courses” and Distance Education Courses for Public Elementary and Secondary School
Students: 2002-2003”. Also Laurie gave the committee the status on nine FRSS and PEQIS
surveys as of October 2003. No new surveys are being prepared at this time since the current
contract is about to run out.
SUB-COMMITTEE COMMENTS: The committee asked why EIAC approval was no longer
mentioned in the letters to the states, schools and districts when a survey was sent out. The
committee requested that the EIAC reference be returned to at least the state letter.
SUB-COMMITTEE ACTION: Informational session only. No action taken.

AGENDA ITEM: Review of CCD Changes
JOHN SIETSEMA, BETH YOUNG, LEE HOFFMAN FROM NCES
PRESENTATION SUMMARY:
Proposed changes to the Non-fiscal CCD for 2005-2007 OMB clearance requiring action:
1. Flag indicating a shared time school.
2. FTE teachers by racial/ethnic category and gender.
3. Response options increased to include planned schools, inactive schools and schools
outside municipal boundaries.
In addition, three other changes were presented:
1. Modified definition of Vocational School
2. GED information will no longer be collected from the states.
3. Previous year data for closed schools and districts will be accepted for migrants,
completers and dropouts.
The proposed changes to the fiscal CCD (NPEFS), require salaries paid to teachers to be reported
by program codes for regular education, special education, vocational education and by other
PK-12 programs. A cosmetic change was made to item “f” of section XII to change the wording
so it will reflect the current law.
SUB-COMMITTEE COMMENTS: Please note that the changes to the CCD do not include a
change to the current way of collecting racial/ethnic data.
SUB-COMMITTEE ACTION: Recommend approval of proposed changes.
AGENDA ITEM: EDEN Supplemental Collection Tool
BARBARA TIMM, PETER MCCABE
PRESENTATION SUMMARY: OCR proposes to use PBDMI (EDEN) for bulk of their data
requirements. Data not supplied through EDEN would be collected through the supplemental
tool. OCR wants to have OMB give them the ability to craft the surveys without OMB
clearance.
SUB-COMMITTEE COMMENTS: The committee would like to see and approve the data items
that would be requested through this tool.
SUB-COMMITTEE ACTION: Informational session only. No action taken.

AGENDA ITEM: Key State Policy Survey and Accountability Systems Profiles
ROLF BLANK, ABBY POTTS FROM CCSSO
PRESENTATION SUMMARY: The Key State Policy is a continuing activity. Rolf gave us
copies of the latest publication (2002) and told us about the collection for 2004. CCSSO will
email a draft copy of the questions to subcommittee members, if desired. Surveys will be sent
out in January or February. The report will be published in the fall of 2004. CCSSO is open to
changes in this survey and welcomes input about new categories and the deletions of categories
that are no longer important.
Rolf also presented information about the website for State Accountability Profiles. These were
distilled from the accountability plan workbooks submitted by the states for NCLB. The URL
for the site is http://ccsso.doceus.com/results/index.cfm. The site is dynamic with states being

able to update the information by password access. There will be links to state sites especially
NCLB report cards.
SUB-COMMITTEE COMMENTS: Tom Ogle suggested that the Chiefs should be polled about
hot topics. Topics suggested included virtual schools, scholarship and graduation requirements
and types of diplomas awarded.
SUB-COMMITTEE ACTION: Informational Session only – no action taken.
AGENDA ITEM: PBDMI Guidance
BARBARA TIMM, JOHN NORRIS AND LINDA MERCHLINSKY FROM SAIC
PRESENTATION SUMMARY: Barbara Timm presented the requirements for the pilot
collection for PBDMI . These included the necessity for real data, all of the directory data and
the definition of a transmittal. The results from the pilot are to be presented at the February MIS
Conference. Communication will be handled through “State Assigned Contacts”.
Linda Merchlinsky presented a powerpoint mockup of the screens used for transmission and
editing the data transmitted.
SUB-COMMITTEE COMMENTS: The committee requested that the screens be made available
to the General Statistics Task Force for comments and recommendations.
SUB-COMMITTEE ACTION: Informational Session only – no action taken.
AGENDA ITEM: S&P Data Collection Template
KIM SMITH, PAUL GIZZERO, JACKIE LANE
PRESENTATION SUMMARY: Representatives from S&P gave a broad overview of the
School Information Partnership (SIP) and SES 50 (School Evaluation Services). The data would
be retrieved from PBDMI and other sources such as the Census Bureau and the American
Institute for Research. States would be asked for additional information. The states may decline
this request. The data would be made available on the web in formats that were not
demonstrated today.
SUB-COMMITTEE COMMENTS: Many committee members were concerned about misuse
and misinterpretation of the data, confidentiality issues and unwarranted comparisons of schools,
districts and states.
SUB-COMMITTEE ACTION: Informational Session only – no action taken.

Appendix D: Fiscal and Nonfiscal CCD Glossaries

D-1

Glossary
National Public Education Financial Survey, 2004–2005
Average Daily Attendance: average resident attendance is defined by state law or regulations.
In the absence of such laws and regulations, average daily attendance (ADA) should be the sum
of the counts of resident students attending public school each day of the school year, divided by
the number of days school was in session during the school year. Students who reside in one
state and attend public school in another state should be counted in the state where they reside.
CCD: the Common Core of Data, the National Center for Education Statistics – the primary
database on public elementary and secondary education in the United States. Data are collected
annually from states' administrative records.
Community services: a functional category of expenditures (line item number 3300) for such
services as swimming pools, day care centers, and programs for the elderly. Community services
expenditures reported in this publication are funds for the use of these services by public
education students. (Variable names: E81 and E82.)
Current expenditures: comprise the functional categories instruction (1000), support services
(2000), and non-instructional services (3000). These are expenditures for the day-to-day
operation of public elementary and secondary education, distinct from long-term expenditures
and expenditures for other types of education. Property expenditures are excluded from current
expenditure subtotals. (Subtotals STE1, STE2T, and STE3 sum to total TE5.)
Debt service: a sub-function (5100) within the expenditure function other uses (5000). It
includes only long-term debt service (obligations exceeding one year). (Variable names: E7A1
and E7A2.)
Direct program support: expenditures made by state education agencies for, or on behalf of
local education agencies. The majority of these expenditures are for teacher's retirement funds,
the rest include expenditures for textbooks, busing, and special programs such as education for
disabled students. Although states often report these expenditures in the appropriate function,
these expenditures are sometimes lumped together under the heading direct program support, in
which case NCES distributes them into function and object after consultation with state officials.
Direct program support for public elementary and secondary education is reported as zero on the
data file. (Variable names E4A1, E4A2, E4B1, E4B2, E4C1, E4C2, E4D, E4E1, E4E2, and
subtotal STE4. NOTE: STE4 does not include E4A2, E4B2, E4C2, E4D, and E4E2.)
Direct cost programs: a category of expenditures for programs not part of public elementary
and secondary education. These programs include community colleges, adult education and nonpublic school support. Variable names E9A, E9B, E9C, E9D, E91, and subtotal STE9. NOTE:
STE9 does not include E91.)
Employee benefits: one of six expenditure objects (line item 200). It is for expenditures made
in addition to gross salary that are not paid directly to employees. It includes amounts paid by, or
D-2

Glossary
National Public Education Financial Survey, 2004–05
on behalf of, an LEA for fringe benefits such as group insurance, social security contributions,
retirement contributions, tuition reimbursements, unemployment compensation, worker's
compensation, and other employee benefits (e.g., unused sick leave). Variable names: E12,
E222, E223, E224, E225, E226, E227, E228, E3A2 and E3B2. Variables E222, E223, E224,
E225, E226, E227, and E228 sum to TE22.)
Enterprise operations: a sub-function (3200) of the function non-instructional services (3000).
Enterprise operations are activities that are financed, at least in part, by user charges, similar to a
private business. These operations are sometimes subsidized by local education agencies.
(Variable names: E3B11, E3B12, E3B13, E3B14, E3B2, E3B16, and subtotal E3B1. NOTE:
E3B1 does not include E3B2.)
Equipment: an object subcategory (730) within the function facilities acquisition and
construction services (4000), it includes the initial purchase of property items such as books for a
newly constructed school or addition. Replacement equipment is labeled property, and is
reported by function. (Variable name E63.)
Facilities acquisition and construction services: an expenditure function (4000) that includes
the acquisition of land and buildings; building construction, remodeling, and additions; the initial
installation or extension of service systems and other built-in equipment; and site improvement.
(Variable names: E61, E62 and E63.)
Federal revenues: are reported in four categories: 1) unrestricted and restricted Grants-in-Aid
direct from the federal government, 2) unrestricted and restricted Grants-in-Aid direct through
the state, 3) Grants-in-Aid through other intermediate agencies, and 4) other federal revenues
(including payments in lieu of taxes). (Variable names: R4A, R4B, R4C, R4D, and subtotal
STR4.)
Food services: a sub-function (3100) of the function non-instructional services (3000). Food
services are activities that provide food to students and staff in a school or LEA. These services
include preparing and serving regular and incidental meals or snacks in connection with school
activities as well as delivery of food to schools. (Variable names: E3A11, E3A12, E3A13,
E3A14, E3A2, E3A16, and subtotal E3A1. NOTE: E3A1 does not include E3A2.)
Function: a category of expenditure, defining the activity supported by the service or
commodity bought.
General administration: one of nine sub-functions (2300) within the expenditure function
support services (2000). It includes expenditures for the board of education and administration
of Local Education Agencies. (Variable names: E214, E224, E234, E244, E254, 264, and
subtotal STE24. NOTE: STE24 does not include E254.)
D-3

Glossary
National Public Education Financial Survey, 2004–05
Instruction: activity between teachers and students. Instruction expenditures includes salaries
and benefits for teachers and instructional aides, supplies, and purchased services such as
instruction via television. Tuition expenditures to other LEAs are also included here. (Variables
names: E11, E12, E13, E14, E15, E16, E17, E18, and subtotal STE1. (Variables E15 and E17
are not included in the subtotal.)
Instructional staff support services: one of nine sub-functions (2200) within the expenditure
function support services (2000). It includes instructional staff training, educational media
(library and audiovisual), and other instructional staff support services. (Variable names: E213,
E223, E233, E243, E253, E263 and subtotal STE23. NOTE: STE23 does not include E253.)
Intermediate sources of revenue: are educational agencies with fund raising capabilities that
operate between the state and local government levels. One example is New York's Board of
Cooperative Educational Services (BOCES). (Variable name: R2.)
LEA: local education agency, also called school district or board of education.
Local revenues: funds produced within the boundaries of an LEA that are available for the use
of the LEA. These revenues include money collected by other government units for use by the
LEA. Local revenues include: property taxes, non-property taxes, parent government
contributions, student fees, and other local sources. (Variables names: R1A, R1B, R1C, R1D,
R1E, R1F, R1G, R1H, R1I, R1J, R1K, R1L, R1M, R1N, and subtotal STR1. Variables R1F and
R1H are not included in the subtotal.)
NPEFS: the National Public Education Financial Survey, a component of the Common Core of
Data (CCD) and the source of the data in this report.
Object: a category of expenditure, defining the service or commodity bought.
Operations and maintenance: one of nine sub-functions (2600) within the expenditure
function support services (2000). It includes expenditures for the supervision of operations and
maintenance, operation of buildings, the care and upkeep of grounds and equipment, vehicle
operations (other than student transportation) and maintenance, and security. (Variable names:
E216, E226, E236, E246, E256, E266, and subtotal STE26. NOTE: STE26 does not include
E256.)
Other support services: combines three of nine sub-functions (2500, 2800, and 2900). It
includes expenditures for business support services (activities concerned with the fiscal operation
of the LEA), central support services (activities, other than general administration, which support
each of the other instructional and supporting services programs; including planning, research,
development, evaluation, information, and data processing services), and other support services
expenditures not reported elsewhere. (Variable names: E218, E228, E238, E248, E258, E268,
and subtotal STE28. NOTE: STE28 does not include E258.)
D-4

Glossary
National Public Education Financial Survey, 2004–05
Pupils in membership: the count of students on the current roll taken on the school day closest
to October 1 by using either 1) the sum of original entries and reentries minus total withdrawals,
or 2) the sum of the total present and the total absent.
Purchased services: one of six expenditure objects. It is for professional and technical services,
and the renting of equipment. (Variable names: E13, E232, E233, E234, E235, E236, E237,
E238, E3A13, and E3B13. Support services subtotal TE23 is the sum of E232, E233, E234,
E235, E236, E237, and E238.)
Property: one of six expenditure objects (line item 700). Property includes expenditures for
initial, additional, and replacement furniture and fixtures such as desks, file cabinets, computers,
copying machines, printing equipment, and other equipment. Property expenditures are not
included in current expenditure subtotals. (Variable names: E17, E252, E253, E254, E255,
E256, E257, E258, E3A2, E3B2, E62, E63, E82, E91, and subtotal TE10. Property variables are
excluded from all totals and subtotals on the file except for variables TE25, TE10 and TE11.
Support services subtotal TE25 is the sum of: E252, E253, E254, E255, E256, E257, and E258.)
Revenue: revenues are categorized by source as follows: federal, state, intermediate
government agencies, and local.
Salaries: one of six expenditure objects (line item 100). It includes the gross salaries of
permanent and temporary staff on the payroll of LEAs including those substituting for permanent
employees. Salaries for full- and part-time staff are included along with overtime and salaries
for staff on sabbatical leave. Also included are supplemental amounts for additional duties such
as coaching or supervising extracurricular activities, bus supervision, and summer school
teaching. (Variable names: E11, E212, E213, E214, E215, E216, E217, E218, E3A11, and
E3B11. Support services subtotal TE21 is the sum of: E212, E213, E214, E215, E216, E217,
and E218.)
School administration: one of nine sub-functions (2400) within the expenditure function
support services (2000). It includes expenditures for the office of the principal, full-time
department chairpersons, and graduation expenses. (Variables names: E215, E225, E235, E245,
E255, E265 and subtotal STE25. NOTE: STE25 does not include E255.)
State revenues: revenues received by the LEA from the state are reported in a single total. This
total includes unrestricted grants-in-aid, restricted grants-in-aid, revenue in lieu of taxes, and
payments for, or on behalf of, LEAs. (Variable name: R3.)
Student support services: one of nine sub-functions (2100) within the expenditure function
support services (2000). It includes attendance and social work, guidance, health, psychological
services, speech pathology, audiology, and other student support services. (Variables names:
D-5

Glossary
National Public Education Financial Survey, 2004–05
E212, E222, E232, E242, E252, E262, and subtotal STE22. NOTE: STE22 does not include
E252.)
Student transportation: one of nine sub-functions (2700) within the expenditure function
support services (2000). It includes expenses for the supervision, vehicle operation, monitoring,
and vehicle servicing and maintenance associated with student transportation services.
(Variables names: E217, E227, E237, E247, E257, E267, and subtotal STE27. NOTE: STE27
does not include E257.)
Supplies: one of six expenditure objects (line item 600). Supplies are items that are consumed,
worn out, or deteriorated through use, or items that lose their identity through fabrication or
incorporation into different or more complex units or substances. These include expenditures for
general supplies; paper and other materials required for printing and copying; and books,
periodicals, and reference materials. (Variable names: E16, E242, E243, E244, E245, E246,
E247, E248, E3A14, and E3B14. Support services subtotal TE24 is the sum of: E242, E243,
E244, E245, E246, E247, and E248.)
Support services: an expenditure function (2000) divided into nine sub-functions: student
support services (2100), instructional staff support (2200), general administration support
services (2300), school administration support services (2400), operations and maintenance
(2600), student transportation support services (2700), and other support services (2500, 2800,
2900). (Support Services subtotal STE2T is the sum of subtotals: STE22, STE23, STE24,
STE25, STE26, STE27 and STE28. STE2T is also the sum of subtotals: TE21, TE22, TE23,
TE24 and TE26.)

D-6

Glossary
Nonfiscal Common Core of Data 2004–2005
For CCD to have comparable data across states, all states must abide by the same
standard definitions when reporting on schools, students, and staff. To ensure a common
understanding, definitions for critical terms are presented below. The glossary contains
definitions for all variables and terms found on the CCD school, agency, or state files.
NB: Race and ethnicity definitions are in agreement with 1997 OMB directive. The
CCD will follow 1997 definitions until informed that they can be changed.
Alternative Education School: A public elementary/secondary school that addresses
needs of students which typically cannot be met in a regular school; provides
nontraditional education; serves as an adjunct to a regular school; and falls outside of the
categories of regular, special education, or vocational education.
American Indian/Alaskan Native: A person having origins in any of the original
peoples of North and South America (including Central America), and who maintains
tribal affiliation or community attachment.
Asian/Pacific Islander: A person having origins in any of the original peoples of the Far
East, Southeast Asia, the Indian subcontinent, or the Pacific Islands. This area includes
for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine
Islands, Thailand, Vietnam, Guam, the Philippine Islands, Samoa, and other Pacific
Islands.
Black: A person having origins in any of the black racial groups of Africa.
Boundary Change: See “Operational Status, Agency” for definition. Name of term was
changed to “Operational Status, Agency,” after 1997–98.
Charter School: A school providing free public elementary and/or secondary education
to eligible students under a specific charter granted by the state legislature or other
appropriate authority, and designated by such authority to be a charter school. Item was
first collected in 1998–99.
Classroom Teacher: See “Teacher.”
Consolidated Statistical Area (CSA): If an area that qualifies as a metropolitan area
(MA) has more than one million people, two or more core-based metropolitan statistical
areas (CBSAs) may be defined within it. Each CBSA consists of a large urbanized
county or cluster of counties (cities and towns in New England) that demonstrate very
strong internal economic and social links, in addition to close ties to other portions of the
larger area. When CBSA’s are established, the larger MA of which they are component

D-7

Glossary
Nonfiscal Common Core of Data 2004–2005
parts is designated a consolidated statistical area (CSA). CSAs and CBSA’s are
established only where local governments favor such designations for a large MA.
Core Based Statistical Area (CBSA): Each CBSA must contain at least one urban area
of 10,000 or more population. Each metropolitan statistical area must have at least one
urbanized area of 50,000 or more inhabitants. Each micropolitan statistical area must
have at least one urban cluster of at least 10,000 but less than 50,000 population.
Under the standards, the county (or counties) in which at least 50 percent of the
population resides within urban areas of 10,000 or more population, or that contain at
least 5,000 people residing within a single urban area of 10,000 or more population, is
identified as a “central county” (counties). Additional “outlying counties” are included in
the CBSA if they meet specified requirements of commuting to or from the central
counties. Counties or equivalent entities form the geographic “building blocks” for
metropolitan and micropolitan statistical areas throughout the United States and Puerto
Rico.
Diploma, High School: A formal document certifying the successful completion of a
secondary school program prescribed by the state education agency or other appropriate
body.
Diploma Recipient: A student who has received a diploma during the previous school
year or subsequent summer school. This category includes regular diploma recipients
and other diploma recipients.
District Locale Code: A code based upon the school locale codes to indicate the location
of the district in relation to populous areas. (See also, “Large City,” “Mid-size City,”
“Urban Fringe of Large City,” “Urban Fringe of Mid-Size City,” “Large Town,” “Small
Town,” “Rural, outside CBSA,” and “Rural, inside CBSA.”)

D-8

Glossary
Nonfiscal Common Core of Data 2004–2005
Dropout: A student who was enrolled in school at some time during the previous school
year; was not enrolled at the beginning of the current school year; has not graduated from
high school or completed a state or district-approved educational program; and does not
meet any of the following exclusionary conditions: has transferred to another public
school district, private school, or state- or district-approved educational program; is
temporarily absent due to suspension or school-approved illness; or has died. Item was
first collected in 1992–93.
Education Agency: A government agency administratively responsible for providing
public elementary and/or secondary instruction or educational support services.
Elementary: A general level of instruction classified by state and local practice as
elementary, composed of any span of grades not above grade 8; preschool or kindergarten
included only if it is an integral part of an elementary school or a regularly established
school system.
English Language Learner (ELL): “English Language Learner (ELL)” was formerly
referred to as “Limited English Proficient (LEP).” Students being served in appropriate
programs of language assistance (e.g., English as a Second Language, High Intensity
Language Training, bilingual education). Does not include pupils enrolled in a class to
learn a language other than English. Also Limited-English-Proficient students are
individuals who were not born in the United States or whose native language is a
language other than English; or individuals who come from environments where a
language other than English is dominant; or individuals who are American Indians and
Alaskan Natives and who come from environments where a language other than English
has had a significant impact on their level of English language proficiency; and who, by
reason thereof, have sufficient difficulty speaking, reading, writing, or understanding the
English language, to deny such individuals the opportunity to learn successfully in
classrooms where the language of instruction is English or to participate fully in our
society. Item was first collected in 1998–99.
Federally-Operated Education Agency: A federally-operated agency that is charged, at
least in part, with providing elementary and/or secondary instruction or support services.
Free Lunch Program: A program under the National School Lunch Act that provides
cash subsidies for free lunches to students based on family size and income criteria.
Full-time Equivalency (FTE): The amount of time required to perform an assignment
stated as a proportion of a full-time position, and computed by dividing the amount of
time employed by the time normally required for a full-time position.
General Education Development (GED) Test: A comprehensive test used primarily to
appraise the educational development of students who have not completed their formal

D-9

Glossary
Nonfiscal Common Core of Data 2004–2005
high school education, and who may earn a high school equivalency certificate through
achievement of satisfactory scores.
Grade Span Offered: The span of grades intended to be served by this school or agency,
whether or not there are students currently enrolled in all grades. If a high school also
has a prekindergarten program, the grade span of the high school is reported as a high
school, not as a PK–12 school. For example, if a school has PK, 09, 10, 11, and 12
grades, the grade span will be reported as Grades 9 through 12 (0912). Also, the
ungraded designation (UG) cannot be used in a grade span unless the whole school is
ungraded students, and in this case the grade span is reported as UGUG. “Grade span”
was calculated from school membership through 1997–98, and first collected as a
separate item in 1998–99.
Graduate, High School: A high school graduate is defined as an individual who
received a diploma recognizing the completion of secondary school requirements during
the previous school year and subsequent summer school. It excludes high school
equivalency and other high school completers (e.g., those granted a certificate of
attendance).
Guidance Counselor/Director: Professional staff assigned specific duties and school
time for any of the following activities in an elementary or secondary setting: counseling
with students and parents; consulting with other staff members on learning problems;
evaluating student abilities; assisting students in making educational and career choices;
assisting students in personal and social development; providing referral assistance;
and/or working with other staff members in planning and conducting guidance programs
for students. The state applies its own standards in apportioning the aggregate of
guidance counselors/ directors into the elementary and secondary level components.
Head Start Program: A federally funded program that provides comprehensive
educational, social, health, and nutritional services to low-income preschool children and
their families, and children from ages 3 to school entry age (i.e., the age of compulsory
school attendance). Head Start students and teachers are reported on the CCD only when
the program is administered by a local education agency.
High School Completion Count: A count of graduates and other high school completers
including regular diploma recipients, other diploma recipients, and other high school
completers. (The State Nonfiscal Survey also includes high school equivalency
recipients in high school completion counts.)
High School Equivalency Certificate: A formal document certifying that an individual
met the state requirements for high school graduation equivalency by obtaining
satisfactory scores on an approved examination, and meeting other performance
requirements (if any) set by a state education agency or other appropriate body.

D-10

Glossary
Nonfiscal Common Core of Data 2004–2005
High School Equivalency Recipient: Individual age 19 years or younger who received a
high school equivalency certificate during the previous school year or subsequent
summer. Item was last reported on the Local Education Agency Survey in 1990–91, but
continues to be collected by the State Nonfiscal Survey.
High School Graduate, Regular Day School: A student who received a high school
diploma during the previous school year or subsequent summer school; the diploma is
based upon completion of high school requirements through traditional means. Term was
last used in 1986–87. See, “Regular Diploma Recipient.”
High School Graduate, Other Programs: A student who received a high school
diploma, equivalency diploma, or other completion credential during the previous school
year or subsequent summer school; the credential is based upon completion of other than
the standard high school requirements or is achieved through nontraditional means. Term
was last used in1986–87. See, “Other Diploma Recipient,” “High School Equivalency
Recipient,” and “Other High School Completer.”
Hispanic: A person of Mexican, Puerto Rican, Cuban, Central or South American, or
other Spanish culture or origin, regardless of race.
Individualized Educational Program (IEP): A written instructional plan for students
with disabilities designated as special education students under IDEA-Part B. The
written instructional plan includes a statement of present levels of educational
performance of a child; statement of annual goals, including short-term instructional
objectives; statement of specific educational services to be provided and the extent to
which the child will be able to participate in regular educational programs; the projected
date for initiation and anticipated duration of services; the appropriate objectives, criteria
and evaluation procedures; and the schedules for determining, on at least an annual basis,
whether instructional objectives are being achieved.

D-11

Glossary
Nonfiscal Common Core of Data 2004–2005
Instructional Aide: Staff member assigned to assist a teacher with routine activities
associated with teaching, i.e., activities requiring minor decisions regarding students,
such as monitoring, conducting rote exercises, operating equipment and clerking.
Includes only paid staff, and excludes volunteer aides.
Instructional Coordinators and Supervisors: Persons who supervise instructional
programs at the school district or sub-district level; category includes educational
television staff; coordinators and supervisors of audio-visual services; curriculum
coordinators and in-service training staff; Title I coordinators and home economics
supervisors; and staff engaged in the development of computer-assisted instruction.
School-based department chairpersons are excluded.
Kindergarten: A group or class that is part of a public school program, and is taught
during the year preceding first grade.
Large City: A principal city of a CSA or CBSA, with the city having a population
greater than or equal to 250,000. (See also “Locale Code.”) Prior to 1994–95, “Large
City” was defined as a principal city of a metropolitan area with a population of 400,000
or more, or a population density of at least 6,000 people per square mile.
Large Town: An incorporated place or Census Designated Place (CDP) with a
population greater than or equal to 25,000 and located outside a CBSA or CSA.
Latitude: Latitude is the north or south angular distance from the equator that when
combined with longitude, reflects an estimation of where the school is physically situated
on the street segment to which it was coded. Coordinate degrees, minutes, and seconds
have been converted to and are displayed in terms of their decimal equivalent. The first 3
digits of the code represent the number of degrees from the equator; the last 6 digits
represent the fraction of the next degree carried out to six decimal places, with an implied
decimal. For example, if a school’s latitude is 30 degrees, 30 minutes north then it is
shown as 030500000.
Local Education Agency (LEA) Administrative Support Staff: All staff members who
provide direct support to LEA administrators, business office support, and data
processing.
LEA Administrator: Chief executive officer of the education agencies, including
superintendents, deputies, and assistant superintendents; other persons with district-wide
responsibilities: e.g., business managers, administrative assistants, and professional
instructional support staff. Exclude supervisors of instructional or student support staff.
Librarian: As professional staff member or supervisor assigned specific duties and
school time for professional library services activities. This includes selecting, acquiring,
preparing, cataloguing, and circulating books and other printed materials; planning the

D-12

Glossary
Nonfiscal Common Core of Data 2004–2005
use of the library by students, teachers, and instructional staff; and guiding individuals in
use of library books and material maintained separately or as a part of an instructional
materials center.
Library and Media Support Staff: Staff member who renders other professional library
and media services; also includes library aides and those involved in library/media
support. Duties include selecting, preparing, caring for, and making available to
instructional staff, equipment, films, filmstrips, transparencies, tapes, TV programs, and
similar materials maintained separately or as part of an instructional materials center.
Also included are activities in the audio-visual center, TV studio, related-work-study
areas, and services provided by audio-visual personnel.
Limited-English Proficient (LEP): See “English Language Learner (ELL).”
Locale Code: Locale code is defined based on how the school is situated in a particular
location relative to populous areas, based on the school's address. (See also, “Large
City,” “Mid-size City,” “Urban Fringe of Large City,” “Urban Fringe of Mid-Size City,”
“Large Town,” “Small Town,” “Rural, outside CBSA,” and “Rural, inside CBSA.”)
Longitude: Longitude is the east or west angular distance from the prime meridian that
when combined with latitude, reflects an estimation of where the school is physically
situated on the street segment to which it was coded. Coordinate degrees, minutes, and
seconds have been converted to and are displayed in terms of their decimal equivalent.
The first 3 digits of the code represent the number of degrees from the prime meridian;
the last 6 digits represent the fraction of the next degree carried out to six decimal places,
with an implied decimal. For example, if a school’s longitude is 90 degrees, 15 minutes
west then it is shown as –090250000.

D-13

Glossary
Nonfiscal Common Core of Data 2004–2005
Magnet School or Program: A special school or program designed to attract students of
different racial/ethnic backgrounds for the purpose of reducing, preventing or eliminating
racial isolation (50 percent or more minority enrollment); and/or to provide an academic
or social focus on a particular theme (e.g., science/math, performing arts, gifted/talented,
or foreign language). Item was first collected in 1998–99.
Media Specialist: Directors, coordinators, and supervisors of media centers. See
“Library and Media Support Staff.”
Membership: The count of students on the current roll taken on the school day closest to
October 1, by using either: the sum of original entries and re-entries minus total
withdrawals; or the sum of the total present and the total absent.
Metropolitan Status (Metro Status): Metro status is defined as the classification of an
education agency's service area relative to an CBSA. (See also Metropolitan Statistical
Area.)
Metropolitan Areas (MA): Term refers collectively to CSAs, CBSAs, and New England
County Metropolitan Areas. The Office of Management and Budget (OMB) defines new
MAs and revises definitions of existing MAs by applying published standards to
decennial census data.
Metropolitan Statistical Area (MSA): An area consisting of one or more contiguous
counties (cities and towns in New England) that contain a core area with a large
population nucleus, as well as adjacent communities having a high degree of economic
and social integration with that core.
Mid-size City: A central city of a CBSA or CSA, with the city having a population less
than 250,000.. (See also “Locale Code.”) Prior to 1994–95, term was defined as a
central city of a metropolitan area with a population less than 400,000 and a population
density less than 6,000 people per square mile.
Migrant Student: Defined under 34 CFR 200.40: 1) (a) Is younger than 22 (and has not
graduated from high school or does not hold a high school equivalency certificate), but
(b), if the child is too young to attend school-sponsored educational programs, is old
enough to benefit from an organized instructional program; and 2) A migrant agricultural
worker or a migrant fisher or has a parent, spouse, or guardian who is a migrant
agricultural worker or a migrant fisher; and 3) Performs, or has a parent, spouse, or
guardian who performs qualifying agricultural or fishing employment as a principal
means of livelihood; and 4) Has moved within the preceding 36 months to obtain or to
accompany or join a parent, spouse, or guardian to obtain, temporary or seasonal
employment in agricultural or fishing work; and 5) Has moved from one school district to
another; or in a state that is comprised of a single school district, has moved from one
administrative area to another within such district; or resides in a school district of more

D-14

Glossary
Nonfiscal Common Core of Data 2004–2005
than 15,000 square miles, and migrates a distance of 20 miles or more to a temporary
residence to engage in a fishing activity. (Provision 5 currently applies only to Alaska.)
Item was first collected in 1998–99.
Officials and Administrators: Chief executive officers of the education agencies,
including superintendents, deputies, and assistant superintendents; and other persons with
district-wide responsibilities, such as business managers, administrative assistants, etc.
Operational Status, Agency: Classification of changes in an education agency’s
boundaries or jurisdiction. Classifications include no change; closed with no effect on
another agency’s boundaries; new agency with no effect on another agency’s boundaries;
added; significant change in geographical boundaries or instructional responsibility;
temporarily closed and may reopen within three years; scheduled to be operational within
two years. Prior to 1998–99 the term “Boundary Change” was used.
Operational Status, School: Classification of the operational condition of a school.
Classifications include currently operational; closed; new; added; changed agency;
temporarily closed and may reopen within three years; scheduled to be operational within
two years.
Other Diploma Recipient: A student who received a diploma through other than a
regular school program during the previous school year or subsequent summer. Last
reported in 1997–98; combined with “Regular Diploma Recipient” in 1998–99 with both
categories reported as “Diploma Recipient. ”
Other High School Completer: Student who has received a certificate of attendance or
other certificate of completion in lieu of a diploma during the previous school year and
subsequent summer school.
Other Support Staff: Staff who serve in a support capacity and who are not included in
the categories of central office administrative support, library support, student support, or
school administrative support; e.g., data processing staff, bus drivers, and health, building
and equipment maintenance, security, and cafeteria workers.
Prekindergarten Student: Students who is enrolled in a group or class that is part of a
public school program taught during the year or years preceding kindergarten, excluding
Head Start students unless part of an authorized public education program of a local
education agency.
Prekindergarten Teacher: Teacher of a group or class that is part of a public school
program, and which is taught during the year or years preceding kindergarten; includes
teachers of Head Start students if part of authorized public education program of an LEA.

D-15

Glossary
Nonfiscal Common Core of Data 2004–2005
Principal City: The largest city in each metropolitan or micropolitan statistical area is
designated a “principal city.” Additional cities qualify if specified requirements are met
concerning population size and employment. The title of each metropolitan or
micropolitan statistical area consists of the names of up to three of its principal cities and
the name of each state into which the metropolitan or micropolitan statistical area
extends. Titles of metropolitan divisions also typically are based on principal city names
but in certain cases consist of county names. (See also “Locale Code.”)
Public School: An institution that provides educational services and has one or more
grade groups (PK–12), or which is ungraded; has one or more teachers to give
instruction; is located in one or more buildings; has an assigned administrator; receives
public funds as primary support; and is operated by an education agency.
Reduced-Price Lunch Student: A student who is eligible to participate in the ReducedPrice Lunch Program under the National School Lunch Act. (See also, “Free Lunch
Eligible.”)
Regional Education Service Agency: Agency providing services to a variety of local
education agencies, or a county superintendent serving the same purposes.
Regular Diploma Recipient: See “High School Graduate, Regular Day School.” Last
reported in 1997–98; combined with “Other Diploma Recipient” in 1998–99 with both
categories reported as “Diploma Recipient.”
Regular School: A public elementary/secondary school that does not focus primarily on
vocational, special, or alternative education.
Rural: Any incorporated place, Census designated place, or non-place territory not
defined by the Census Bureau as an urbanized area or urban cluster. From 1998–99
onward, the category was separated into “Rural, Inside CBSA” and “Rural, Outside
CBSA.”
Rural, inside CBSA: Any incorporated place, Census designated place, or non-place
territory within a CMSA or MSA and defined as rural by the Census Bureau. Category
represents a subset of “Rural,” and was introduced in 1998–99. (See also “Locale Code.”)
Rural, outside CBSA: Any incorporated place, Census designated place, or non-place
territory not within a CMSA or MSA and defined as rural by the Census Bureau.
Category represents a subset of “Rural,” and was introduced in 1998–99. (See also
“Locale Code.”)
School Administrative Support Staff: Staff whose activities are concerned with support
of the teaching and administrative duties of the office of the principal or department
chairpersons; this includes clerical staff and secretaries.
D-16

Glossary
Nonfiscal Common Core of Data 2004–2005
School Administrator: Staff member whose activities are concerned with directing and
managing the operation of a particular school, including principals, assistant principals,
other assistants; and those who supervise school operations, assign duties to staff
members, supervise and maintain the records of the school, coordinate school
instructional activities with those of the education agency, including department
chairpersons.
School District: An educational agency or administrative unit that operates under a
public board of education.
Secondary: The general level of instruction classified by state and local practice as
secondary and composed of any span of grades beginning with the next grade following
the elementary grades and ending with or below grade 12.
Shared Time School: A school offering vocational/technical education or other
education services, in which some or all students are enrolled at a separate “home” school
and attend the shared-time school on a part-day basis, e.g., a regional vocational center
that enrolls (or serves) students from multiple home schools on a part-day basis.
Small Town: An incorporated place or Census Designated Place (CDP) with population
less than 25,000 and greater than or equal to 2,500 and located outside a CBSA or CSA.
(See also “Locale Code.”)
Special Education School: A public elementary/secondary school that focuses primarily
on special education; including instruction for any of the following: autism, deafblindness, developmental delay, hearing impairment, mental retardation, multiple
disabilities, orthopedic impairment, serious emotional disturbance, specific learning
disability, speech or language impairment, traumatic brain injury, visually impairment,
and other health impairments; and which adapts curriculum, materials or instruction for
students served.
State Education Agency (SEA): An agency of the state charged with primary
responsibility for coordinating and supervising public instruction including setting of
standards for elementary and secondary instructional programs.
State-Operated Agency: Agency that is charged, at least in part, with providing
elementary and/or secondary instruction or support services. Examples include
elementary/secondary programs operated by the state for the deaf or blind; and programs
operated by state correctional facilities.
Student: An individual for whom instruction is provided in an elementary or secondary
education program that is not an adult education program and is under the jurisdiction of
a school, school system, or other education institution.

D-17

Glossary
Nonfiscal Common Core of Data 2004–2005
Student Support Services Staff: Staff member whose activities are concerned with the
direct support of students; and who nurture, but do not instruct, students. Includes
attendance officers; staff providing health, psychology, speech pathology, audiology, or
social services; and supervisors of the preceding staff and of health, transportation, and
food service workers.
Supervisory Union: An educational agency where administrative services are performed
for more than one school district by a common superintendent.
Teacher: An individual who provides instruction to prekindergarten, kindergarten,
grades 1 through 12, or ungraded classes; or individuals who teach in an environment
other than a classroom setting; and who maintain daily student attendance records.
Title I Eligible School: A school designated under appropriate state and federal
regulations as being eligible for participation in programs authorized by Title I of Public
Law 103-382. Item was first collected in 1998–99.
Title I School-wide Program: A school in which all the pupils in a school are
designated under appropriate state and federal regulations as being eligible for
participation in programs authorized by Title I of Public Law 103-382. Item was first
collected in 1998–99.
Ungraded Student: Individual assigned to class or program that does not have standard
grade designations.
Urban Fringe: A closely settled area, contiguous to a principal city, outside a principal
city; with a minimum population of 2,500 inhabitants; with a population density of at
least 1,000 per square mile; and has a Census Urbanized Area Code. (See also “Locale
Code.”)
Urban Fringe of a Large City: Any incorporated place, Census designated place, or
non-place territory within a CBSA or CSA of a “Large City” and defined as urban by the
Census Bureau. Prior to 1994–95, defined as any incorporated place, Census designated
place, or non-place territory within a CBSA or CSA and defined as urban by the Census
Bureau, with a principal city with a population of 4000,000 or more or a population
density of at least 6,000 people per square mile. (See also “Locale Code.”)
Urban Fringe of a Mid-size City: Any incorporated place, Census Designated Place
(CDP), or non-place territory within a CBSA or CSA of a Mid-size City and defined as
urban by the Census Bureau. Prior to 1994–95, defined as any incorporated place,
Census designated place, or non-place territory within a CBSA or CSA and defined as
urban by the Census Bureau, with a principal city with a population less than 4000,000 or
a population density less than 6,000 people per square mile. (See also “Locale Code.”)

D-18

Glossary
Nonfiscal Common Core of Data 2004–2005
Urbanized Area: An area with a population concentration of at least 50,000; generally
consisting of a principal city and the surrounding, closely settled, contiguous territory and
with a population density of at least 1,000 inhabitants per square mile.
Vocational Education School: A school that focuses primarily on providing secondary
students with an occupationally relevant or career-related curriculum, including formal
preparation for vocational, technical, or professional occupations.
White: A person having origins in any of the original peoples of Europe, the Middle
East, or North Africa.

D-19

Appendix E: State Reporting Dropout Instructions

E-1

STATE REPORTING INSTRUCTIONS
These are the instructions for reporting dropouts for the National Center for Education
Statistics on the Common Core of Data (CCD) survey. These instructions ensure that the
reported dropout data are comparable across all states’ school districts. The dropout count
is reported at the school district level on the CCD Local Education Agency Universe
Survey.
I. Dropout Definition

The CCD dropout definition is based on a “snapshot” count of students at the beginning
of the school year: A dropout is an individual who:
1. was enrolled in school at some time during the previous school year1 and was not
enrolled on October 1 of the current school year; or
2. was not enrolled on October 1 of the previous school year although expected to be in
membership (i.e., was not reported as a dropout the year before); and
3. has not graduated from high school or completed a state- or district-approved
educational program and
4. does not meet any of the following exclusionary conditions:
i.
transfer to another public school district, private school, or state- or
district-approved education program;
ii.
temporary school-recognized absence due to suspension or illness, or
iii.
death.
For purposes of applying this dropout definition, the following definitions also
apply:
A. School year is the 12-month period beginning on October 1, 2001 and ending
September 30, 2002. Thus, it includes the summer following the regular school year.
B. School completer is an individual who has graduated from high school or completed
some other education program that is approved by the state or local education agency.
C. State- or district-approved program is one that leads to the receipt of formal
recognition of completion from school authorities. It may include special education
programs, home-based instruction, and programs administered by a secondary
education agency (but not adult or postsecondary) leading to a GED-based diploma or
some other certification differing from the regular diploma. Programs recognized as
legitimate by the state are considered approved even if the public education system
does not directly administer them; home schooling and charter schools may be
examples of such programs.
D. Transfer to another school or program may be confirmed by a method selected by the
state or school district. A transcript request, withdrawal notice signed by a parent that
1

A student who was enrolled in September, 2001; dropped out of school in February, 2002; and was not
enrolled in school on October 1, 2002 would be reported as a 2001-02 dropout (previous year) on the 200203 CCD (current year).

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includes assurances the student will be enrolled elsewhere, and the like are
acceptable. States are discouraged from accepting hearsay reports or unsubstantiated
statements of intent from departing students.
E. Race/ethnicity of dropouts currently is reported using the pre-1997 standards set by
the Office of Management and Budget. The categories approved for the CCD through
the 2002–03 school year are American Indian/Alaska native; Asian/Pacific Islander;
Hispanic; Black, not Hispanic; White, not Hispanic. Definitions are included in the
CCD Instructions Manual.
F. Gender of dropouts is to be reported as male or female.
G. Grade classifications, grades 7 through 12, are used to report dropouts, not the
student’s age.
H. Ungraded dropouts should be allocated to the grade most appropriate for their age.

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II. Other Basic Guidelines

The CCD reports an event dropout count – the number of students who leave school
during a defined period of time, in this case, a calendar year. The dropout count is taken
on October 1, 2001, or the school day closest to this date, in order to agree with the CCD
membership count that is taken on the same day.
The defining decision is whether a student is a dropout on October 1, 2001. A student
who missed much of the previous school year (2000–2001) but who is in membership on
October 1, 2001 is not a dropout, while a student who is not in membership on October 1,
2001 but who returns later in that school year is a dropout (for the previous year, (2000–
2001). CCD publications compute a dropout rate by dividing the number of dropouts for
a year by the membership count taken at the beginning of that year.
More guidelines:
1. “Summer dropouts” are students who were not dropouts at the close of the previous
school year (2000–2001) but who fail to enroll by October 1, 2001. Summer dropouts
are reported as dropouts for the grade and school year for which they fail to report.
For example, a student who completes the 10th grade in 2000–2001 but who is not reenrolled on October 1, 2001 is reported as a 2001–02 dropout for 11th grade.
2. Students who enroll in adult education programs are counted as dropouts unless the
elementary/secondary school system remains responsible for the student. The intent
of this guideline is to ensure that students who do not complete a program but for
whom the district no longer takes responsibility are counted as dropouts.
i. Transferring to an alternative education setting, if it is part of the
elementary/secondary education system, is not considered dropping out. For
example, students enrolled in elementary/secondary education in prisons,
hospitals, ‘store front’ locations or other nontraditional locations are not
dropouts if the program is part of the elementary/secondary system. This
means that a student who enrolls in a school-operated program for high-risk
students is not a dropout, even if the program is preparing the student to take
the GED examination.
ii. A student who leaves an elementary/secondary school and enrolls in adult
education is a dropout. The exception to this guideline is when the public
school system monitors the student’s enrollment and reports the student as a
dropout if the student drops out of the adult program. An example of this
would be a cooperative arrangement between a public school district and a
local technical institute that provides GED preparation for students referred
directly by the district. The district counts as dropouts the referred students
who did not complete the GED study program.
iii. Students who drop out during the 2000–2001 school year but who have
obtained a completion credential, such as a GED-based diploma or certificate
of completion, on October 1, 2001 are not reported as dropouts.
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3. An early college admissions student, one who transfers to a postsecondary program
leading to a baccalaureate or associate’s degree, is not a dropout.
4. Students who fail to meet some graduation requirements, and who leave school
without a diploma or other credential, are dropouts even if they have completed the
12th grade.
5. Students who leave the United States are not considered to be dropouts even if the
school district cannot document the student’s subsequent enrollment in school.
6. Students who drop out during the 2001–02 school year but are re-enrolled on October
1, 2002 are not reported as dropouts.
7. Students who drop out multiple times in a school year are reported only once for a
single school year. However, students who drop out in more than one year are
reported as dropouts for each year in which they are not in membership on October 1.
8. Underage dropouts, those who leave school when they are still too young to do so
legally, should be reported on the CCD if they drop out of any of grades 7 through 12.
These dropouts should be reported even if the state or district considers them
“truants” rather than dropouts.
Summary of School Leaver Status
A Student Who:
1.

Dropout?

Graduated or received some other recognized credential, such as a certificate of attendance
or GED

No

Only attended summer school in this school district (was not enrolled during the regular
school year)

No

Left school without a diploma or other certification after passing the age up to which the
district was required to provide a free, public education

Yes

4.

Died

No

5.

Is gone; status is unknown

Yes

6.

Moved to another district in this or some other state, not known to be in school

Yes

7.

Moved out of the United States, enrollment status not known

No

8.

Transferred, enrolled in:
Another public school, a private school, or charter school
Home schooling
Early college (baccalaureate or associate’s program)

No
No
No

Is in an institution that is not primarily academic (military, possibly Job Corps, corrections, etc.)
Offers a secondary education program
Does not offer a secondary education program

No
Yes

2.

3.

9.

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10. Is not in school, but known to be:
Planning to enroll late (e.g., extended family vacation, seasonal work)
Ill, verified as legitimate
Ill, not verified as legitimate
Suffering long-term illness and not receiving education services
(residential drug treatment, severe physical or mental illness)
Suspended or expelled, term of suspension or expulsion not yet over
Suspended or expelled, term of suspension or expulsion over
Expelled, no option to return
Expelled, enrolled in another school and/or district

No
No
Yes
Yes
No

11. In a nontraditional education setting, such as hospital/homebound instruction, residential special
education, correctional institution, community or technical college:
Program administered by agency considered a special school district or extension
of regular school district
Program is off-campus offering of regular school district
Program classified as Adult Education not approved, administered, or tracked by regular district

No
No
Yes

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No
No
Yes