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Pub.L. 107-280 To amend the Public Health Service Act to establish an Office of Rare Diseases at the National Institutes of Health, and for other purposes. <> ...


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[[Page 1939]]

                        EDUCATION SCIENCES REFORM

[[Page 116 STAT. 1940]]

Public Law 107-279
107th Congress

                                 An Act


 
 To provide for improvement of Federal education research, statistics, 
       evaluation, information, and dissemination, and for other 
            purposes. <<NOTE: Nov. 5, 2002 -  [H.R. 3801]>> 

    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.

               Part A--The Institute of Education Sciences

Sec. 111. Establishment.
Sec. 112. Functions.
Sec. 113. Delegation.
Sec. 114. Office of the Director.
Sec. 115. Priorities.
Sec. 116. National Board for Education Sciences.
Sec. 117. Commissioners of the National Education Centers.
Sec. 118. Agreements.
Sec. 119. Biennial report.
Sec. 120. Competitive awards.

             Part B--National Center for Education Research

Sec. 131. Establishment.
Sec. 132. Commissioner for Education Research.
Sec. 133. Duties.
Sec. 134. Standards for conduct and evaluation of research.

            Part C--National Center for Education Statistics

Sec. 151. Establishment.
Sec. 152. Commissioner for Education Statistics.
Sec. 153. Duties.
Sec. 154. Performance of duties.
Sec. 155. Reports.
Sec. 156. Dissemination.
Sec. 157. Cooperative education statistics systems.
Sec. 158. State defined.

Part D--National Center for Education Evaluation and Regional Assistance

Sec. 171. Establishment.
Sec. 172. Commissioner for Education Evaluation and Regional Assistance.
Sec. 173. Evaluations.
Sec. 174. Regional educational laboratories for research, development, 
           dissemination, and technical assistance.

                       Part E--General Provisions

Sec. 181. Interagency data sources and formats.

[[Page 116 STAT. 1941]]

Sec. 182. Prohibitions.
Sec. 183. Confidentiality.
Sec. 184. Availability of data.
Sec. 185. Performance management.
Sec. 186. Authority to publish.
Sec. 187. Vacancies.
Sec. 188. Scientific or technical employees.
Sec. 189. Fellowships.
Sec. 190. Voluntary service.
Sec. 191. Rulemaking.
Sec. 192. Copyright.
Sec. 193. Removal.
Sec. 194. Authorization of appropriations.

               TITLE II--EDUCATIONAL TECHNICAL ASSISTANCE

Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Comprehensive centers.
Sec. 204. Evaluations.
Sec. 205. Existing technical assistance providers.
Sec. 206. Regional advisory committees.
Sec. 207. Priorities.
Sec. 208. Grant program for statewide, longitudinal data systems.
Sec. 209. Authorization of appropriations.

         TITLE III--NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Authorization of appropriations.

                     TITLE IV--AMENDATORY PROVISIONS

Sec. 401. Redesignations.
Sec. 402. Amendments to Department of Education Organization Act.
Sec. 403. Repeals.
Sec. 404. Conforming and technical amendments.
Sec. 405. Orderly transition.
Sec. 406. Impact aid.

  TITLE <<NOTE: Education Sciences Reform Act of 2002.>>  I--EDUCATION 
SCIENCES REFORM

SEC. 101. <<NOTE: 20 USC 9501 note.>> SHORT TITLE.

    This title may be cited as the ``Education Sciences Reform Act of 
2002''.

SEC. 102. <<NOTE: 20 USC 9501.>> 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--

[[Page 116 STAT. 1942]]

                    (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 center-based, 
        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)).

[[Page 116 STAT. 1943]]

            (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;

[[Page 116 STAT. 1944]]

                    (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

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