U.S Code last checked for updates: May 18, 2024
§ 6362.
State option to conduct assessment system audit
(a)
In general
From the amount reserved under section 6363(a)(3) of this title for a fiscal year, the Secretary shall make grants to States to enable the States to—
(1)
in the case of a grant awarded under this section to a State for the first time—
(A)
audit State assessment systems and ensure that local educational agencies audit local assessments under subsection (e)(1);
(B)
execute the State plan under subsection (e)(3)(D); and
(C)
award subgrants under subsection (f); and
(2)
in the case of a grant awarded under this section to a State that has previously received a grant under this section—
(A)
execute the State plan under subsection (e)(3)(D); and
(B)
award subgrants under subsection (f).
(b)
Minimum amount
(c)
Reallocation
(d)
Application
A State desiring to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary shall require. The application shall include a description of—
(1)
in the case of a State that is receiving a grant under this section for the first time—
(A)
the audit the State will carry out under subsection (e)(1); and
(B)
the stakeholder feedback the State will seek in designing such audit;
(2)
in the case of a State that is not receiving a grant under this section for the first time, the plan described in subsection (e)(3)(D); and
(3)
how the State will award subgrants to local educational agencies under subsection (f).
(e)
Audits of State assessment systems and local assessments
(1)
Audit requirements
Not later than 1 year after the date a State receives an initial grant under this section, the State shall—
(A)
conduct a State assessment system audit as described in paragraph (3);
(B)
ensure that each local educational agency receiving funds under this section—
(i)
conducts an audit of local assessments administered by the local educational agency as described in paragraph (4); and
(ii)
submits the results of such audit to the State; and
(C)
report the results of each State and local educational agency audit conducted under subparagraphs (A) and (B), in a format that is widely accessible and publicly available.
(2)
Resources for local educational agencies
(3)
State assessment system description
Each State assessment system audit conducted under paragraph (1)(A) shall include—
(A)
the schedule for the administration of all State assessments;
(B)
for each State assessment—
(i)
the purpose for which the assessment was designed and the purpose for which the assessment is used; and
(ii)
the legal authority for the administration of the assessment;
(C)
feedback on such system from stakeholders, which shall include information such as—
(i)
how teachers, principals, other school leaders, and administrators use assessment data to improve and differentiate instruction;
(ii)
the timing of release of assessment data;
(iii)
the extent to which assessment data is presented in an accessible and understandable format for all stakeholders;
(iv)
the opportunities, resources, and training teachers, principals, other school leaders, and administrators are given to review assessment results and make effective use of assessment data;
(v)
the distribution of technological resources and personnel necessary to administer assessments;
(vi)
the amount of time teachers spend on assessment preparation and administration;
(vii)
the assessments that administrators, teachers, principals, other school leaders, parents, and students, if appropriate, do and do not find useful; and
(viii)
other information as appropriate; and
(D)
a plan, based on the information gathered as a result of the activities described in subparagraphs (A), (B), and (C), to improve and streamline the State assessment system, including activities such as—
(i)
eliminating any unnecessary assessments, which may include paying the cost associated with terminating procurement contracts;
(ii)
supporting the dissemination of best practices from local educational agencies or other States that have successfully improved assessment quality and efficiency to improve teaching and learning; and
(iii)
supporting local educational agencies or consortia of local educational agencies to carry out efforts to streamline local assessment systems and implement a regular process of review and evaluation of assessment use in local educational agencies.
(4)
Local assessment description
(f)
Subgrants to local educational agencies
(1)
In general
(2)
Local educational agency application
(3)
Use of funds
A subgrant awarded under this subsection to a local educational agency or consortium of such agencies may be used to—
(A)
conduct an audit of local assessments under subsection (e)(1)(B)(i);
(B)
carry out the plan described in subsection (e)(3)(D) as it pertains to such agency or consortium;
(C)
improve assessment delivery systems and schedules, including by increasing access to technology and assessment proctors, where appropriate;
(D)
hire instructional coaches, or promote teachers who may receive increased compensation to serve as instructional coaches, to support teachers in the development of classroom-based assessments, interpreting assessment data, and designing instruction;
(E)
provide for appropriate accommodations to maximize inclusion of children with disabilities and English learners participating in assessments; and
(F)
improve the capacity of teachers, principals, and other school leaders to disseminate assessment data in an accessible and understandable format for parents and families, including for children with disabilities and English learners.
(g)
Definitions
In this section:
(1)
Local assessment
(2)
State
(Pub. L. 89–10, title I, § 1202, as added Pub. L. 114–95, title I, § 1201, Dec. 10, 2015, 129 Stat. 1881.)
cite as: 20 USC 6362