20 USC 9622 - National Assessment of Educational Progress

U.S Code last checked for updates: May 03, 2024

§ 9622.

National Assessment of Educational Progress

(a)

Establishment

(b)

Purpose; State assessments

(1)

Purpose

(2)

Measurement and reporting

The Commissioner for Education Statistics, in carrying out the measurement and reporting described in paragraph (1), shall—

(A)

use a random sampling process which is consistent with relevant, widely accepted professional assessment standards and that produces data that are representative on a national and regional basis;

(B)

conduct a national assessment and collect and report assessment data, including achievement data trends, in a valid and reliable manner on student academic achievement in public and private elementary schools and secondary schools at least once every 2 years, in grades 4 and 8 in reading and mathematics;

(C)

conduct a national assessment and collect and report assessment data, including achievement data trends, in a valid and reliable manner on student academic achievement in public and private schools in reading and mathematics in grade 12 in regularly scheduled intervals, but at least as often as such assessments were conducted prior to January 8, 2002;

(D)

to the extent time and resources allow, and after the requirements described in subparagraph (B) are implemented and the requirements described in subparagraph (C) are met, conduct additional national assessments and collect and report assessment data, including achievement data trends, in a valid and reliable manner on student academic achievement in grades 4, 8, and 12 in public and private elementary schools and secondary schools in regularly scheduled intervals in additional subject matter, including writing, science, history, geography, civics, economics, foreign languages, and arts, and the trend assessment described in subparagraph (F);

(E)

conduct the reading and mathematics assessments described in subparagraph (B) in the same year, and every other year thereafter, to provide for 1 year in which no such assessments are conducted in between each administration of such assessments;

(F)

continue to conduct the trend assessment of academic achievement at ages 9, 13, and 17 for the purpose of maintaining data on long-term trends in reading and mathematics;

(G)

include information on special groups, including, whenever feasible, information collected, cross tabulated, compared, and reported by race, ethnicity, socioeconomic status, gender, disability and limited English proficiency; and

(H)

ensure that achievement data are made available on a timely basis following official reporting, in a manner that facilitates further analysis and that includes trend lines.

(3)

State assessments

(A)

In general

The Commissioner for Education Statistics—

(i)

shall conduct biennial State academic assessments of student achievement in reading and mathematics in grades 4 and 8 as described in paragraphs (2)(B) and (2)(E);

(ii)

may conduct the State academic assessments of student achievement in reading and mathematics in grade 12 as described in paragraph (2)(C);

(iii)

may conduct State academic assessments of student achievement in grades 4, 8, and 12 as described in paragraph (2)(D); and

(iv)

shall conduct each such State assessment, in each subject area and at each grade level, on a developmental basis until the Commissioner for Education Statistics determines, as the result of an evaluation required by subsection (f), that such assessment produces high quality data that are valid and reliable.

(B)

Agreement

(i)

In general

(ii)

Content

(C)

Review and release

(i)

In general

(ii)

Special rule

(4)

Prohibited activities

(A)

In general

(B)

Special rule

(C)

Applicability to student educational decisions

(D)

Applicability to home schools

(5)

Requirement

In carrying out any assessment authorized under this section, the Commissioner for Education Statistics, in a manner consistent with subsection (c)(3), shall—

(A)

use widely accepted professional testing standards, objectively measure academic achievement, knowledge, and skills, and ensure that any academic assessment authorized under this section be tests that do not evaluate or assess personal or family beliefs and attitudes or publicly disclose personally identifiable information;

(B)

only collect information that is directly related to the appraisal of academic achievement, and to the fair and accurate presentation of such information; and

(C)

collect information on race, ethnicity, socioeconomic status, disability, limited English proficiency, and gender.

(6)

Technical assistance

(c)

Access

(1)

Public access

(A)

In general

(B)

Timeline

(C)

Prohibition

(2)

Complaints

(A)

In general

(B)

Forwarding of complaints

(C)

Review

(D)

Report

(E)

Cognitive questions

(i)

In general

(ii)

Extension

(3)

Personally identifiable information

(A)

In general

(B)

Prohibition

(4)

Penalties

(d)

Participation

(1)

Voluntary participation

(2)

Student participation

(3)

State participation

(A)

Voluntary

(B)

Agreement

(4)

Review

(e)

Student achievement levels

(1)

Achievement levels

(2)

Determination of levels

(A)

In general

Such levels shall—

(i)

 So in original. No cl. (ii) has been enacted.

be determined by—

(I)

identifying the knowledge that can be measured and verified objectively using widely accepted professional assessment standards; and

(II)

developing achievement levels that are consistent with relevant widely accepted professional assessment standards and based on the appropriate level of subject matter knowledge for grade levels to be assessed, or the age of the students, as the case may be.

(B)

National consensus approach

(C)

Trial basis

(D)

Status

(E)

Updates

(3)

Reporting

(4)

Review

(f)

Review of National and State assessments

(1)

Review

(A)

In general

(B)

Issues addressed

Such continuing review shall address—

(i)

whether any authorized assessment is properly administered, produces high quality data that are valid and reliable, is consistent with relevant widely accepted professional assessment standards, and produces data on student achievement that are not otherwise available to the State (other than data comparing participating States to each other and the Nation);

(ii)

whether student achievement levels are reasonable, valid, reliable, and informative to the public;– 2

 So in original.

(iii)

whether any authorized assessment is being administered as a random sample and is reporting the trends in academic achievement in a valid and reliable manner in the subject areas being assessed;

(iv)

whether any of the test questions are biased, as described in section 9621(e)(4) of this title; and

(v)

whether the appropriate authorized assessments are measuring, consistent with this section, reading ability and mathematical knowledge.

(2)

Report

(3)

Use of findings and recommendations

(g)

Coverage agreements

(1)

Department of Defense schools

(2)

Bureau of Indian Affairs schools

(Pub. L. 107–279, title III, § 303, formerly Pub. L. 103–382, title IV, § 411, Oct. 20, 1994, 108 Stat. 4036; Pub. L. 107–110, title VI, § 602(a), Jan. 8, 2002, 115 Stat. 1898; renumbered Pub. L. 107–279, title III, § 303, and amended Pub. L. 107–279, title IV, § 401(d), Nov. 5, 2002, 116 Stat. 1984.)

cite as: 20 USC 9622