§ 9621. National Assessment Governing Board
(a)
Establishment
There is established the National Assessment Governing Board (hereafter in this subchapter referred to as the “Assessment Board”), which shall formulate policy guidelines for the National Assessment (carried out under section
9622 of this title).
(b)
Membership
(1)
Appointment and composition
The Assessment Board shall be appointed by the Secretary and be composed as follows:
(G)
Three classroom teachers representing the grade levels at which the National Assessment is conducted.
(J)
Three testing and measurement experts, who shall have training and experience in the field of testing and measurement.
(2)
Director of the Institute of Education Sciences
The Director of the Institute of Education Sciences shall serve as an ex officio, nonvoting member of the Assessment Board.
(3)
Balance and diversity
The Secretary and the Assessment Board shall ensure at all times that the membership of the Assessment Board reflects regional, racial, gender, and cultural balance and diversity and that the Assessment Board exercises its independent judgment, free from inappropriate influences and special interests.
(c)
Terms
(1)
In general
Terms of service of members of the Assessment Board shall be staggered and may not exceed a period of 4 years, as determined by the Secretary.
(d)
Vacancies
(1)
In general
(A)
Organizations
The Secretary shall appoint new members to fill vacancies on the Assessment Board from among individuals who are nominated by organizations representing the type of individuals described in subsection (b)(1) of this section with respect to which the vacancy exists.
(e)
Duties
(1)
In general
In carrying out its functions under this section the Assessment Board shall—
(C)
develop assessment objectives consistent with the requirements of this section and test specifications that produce an assessment that is valid and reliable, and are based on relevant widely accepted professional standards;
(D)
develop a process for review of the assessment which includes the active participation of teachers, curriculum specialists, local school administrators, parents, and concerned members of the public;
(E)
design the methodology of the assessment to ensure that assessment items are valid and reliable, in consultation with appropriate technical experts in measurement and assessment, content and subject matter, sampling, and other technical experts who engage in large scale surveys;
(F)
consistent with section
9622 of this title, measure student academic achievement in grades 4, 8, and 12 in the authorized academic subjects;
(I)
take appropriate actions needed to improve the form, content, use, and reporting of results of any assessment authorized by section
9622 of this title consistent with the provisions of this section and section
9622 of this title; and
(J)
plan and execute the initial public release of National Assessment of Educational Progress reports.
The National Assessment of Educational Progress data shall not be released prior to the release of the reports described in subparagraph (J).
(2)
Delegation
The Assessment Board may delegate any of the Board’s procedural and administrative functions to its staff.
(3)
All cognitive and noncognitive assessment items
The Assessment Board shall have final authority on the appropriateness of all assessment items.
(4)
Prohibition against bias
The Assessment Board shall take steps to ensure that all items selected for use in the National Assessment are free from racial, cultural, gender, or regional bias and are secular, neutral, and non-ideological.
(5)
Technical
In carrying out the duties required by paragraph (1), the Assessment Board may seek technical advice, as appropriate, from the Commissioner for Education Statistics and other experts.
(6)
Report
Not later than 90 days after an evaluation of the student achievement levels under section
9622
(e) of this title, the Assessment Board shall make a report to the Secretary, the Committee on Education and the Workforce of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate describing the steps the Assessment Board is taking to respond to each of the recommendations contained in such evaluation.
(f)
Personnel
(1)
In general
In the exercise of its responsibilities, the Assessment Board shall be independent of the Secretary and the other offices and officers of the Department.
(2)
Staff
(A)
In general
The Secretary may appoint, at the request of the Assessment Board, such staff as will enable the Assessment Board to carry out its responsibilities.
(B)
Technical employees
Such appointments may include, for terms not to exceed 3 years and without regard to the provisions of title 5 governing appointments in the competitive service, not more than six technical employees who may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.
(g)
Coordination
The Commissioner for Education Statistics and the Assessment Board shall meet periodically—
(h)
Administration
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Assessment Board, other than sections 10, 11, and 12 of such Act.