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SEC. 9533. [20 U.S.C. 7913] PROHIBITION ON DISCRIMINATION.

Nothing in this Act shall be construed to require, authorize, or permit, the Secretary, or a State educational agency, local educational agency, or school to grant to a student, or deny or impose upon a student, any financial or educational benefit or burden, in violation of the fifth or 14th amendments to the Constitution or other law relating to discrimination in the provision of federally funded programs or activities.

SEC. 9534. [20 U.S.C. 7914] CIVIL RIGHTS.

(a) IN GENERAL.-Nothing in this Act shall be construed to permit discrimination on the basis of race, color, religion, sex (except as otherwise permitted under title IX of the Education Amendments of 1972), national origin, or disability in any program funded under this Act.

(b) RULE OF CONSTRUCTION.-Nothing in this Act shall be construed to require the disruption of services to a child or the displacement of a child enrolled in or participating in a program administered by an eligible entity, as defined in section 1116 of title I and part B of title V, at the commencement of the entity's participation in a grant under section 1116 of title I or part B of title V. SEC. 9535. [20 U.S.C. 7915] RULEMAKING.

The Secretary shall issue regulations under this Act only to the extent that such regulations are necessary to ensure that there is compliance with the specific requirements and assurances required by this Act.

SEC. 9536. [20 U.S.C. 7916] SEVERABILITY.

If any provision of this Act is held invalid, the remainder of this Act shall be unaffected thereby.

PART F-EVALUATIONS

SEC. 9601. [20 U.S.C. 7941] EVALUATIONS.

(a) RESERVATION OF FUNDS.-Except as provided in subsections (b) and (c), the Secretary may reserve not more than 0.5 percent of the amount appropriated to carry out each categorical program and demonstration project authorized under this Act

(1) to conduct

(A) comprehensive evaluations of the program or project; and

(B) studies of the effectiveness of the program or project and its administrative impact on schools and local educational agencies;

(2) to evaluate the aggregate short- and long-term effects and cost efficiencies across Federal programs assisted or authorized under this Act and related Federal preschool, elementary, and secondary programs under any other Federal law; and

(3) to increase the usefulness of evaluations of grant recipients in order to ensure the continuous progress of the program or project by improving the quality, timeliness, efficiency, and use of information relating to performance under the program or project.

(b) TITLES I AND III EXCLUDED.-The Secretary may not reserve under subsection (a) funds appropriated to carry out any program authorized under title I or title III.

(c) EVALUATION ACTIVITIES AUTHORIZED ELSEWHERE.—If, under any other provision of this Act (other than title I), funds are authorized to be reserved or used for evaluation activities with respect to a program or project, the Secretary may not reserve additional funds under this section for the evaluation of that program or project.

PART II-EDUCATION SCIENCES REFORM

Education Sciences Reform Act of 20021

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.

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

Sec. 171. Establishment.

ASSISTANCE

Sec. 172. Commissioner for Education Evaluation and Regional Assistance.
Sec. 173. Evaluations.

The proper citation to this Act is the Act of November 5, 2002 (Public Law 107-279; 116 Stat. 1940). Titles I, II, and III each have a short title, but the Act overall does not. The short title of title I is the Education Sciences Reform Act of 2002.

Sec. 174. Regional educational laboratories for research, development, dissemination, and technical assistance.

PART E-GENERAL PROVISIONS

Sec. 181. Interagency data sources and formats.

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. National Assessment Governing Board.

Sec. 303. National Assessment of Educational Progress.

Sec. 304. Definitions.

Sec. 305. 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 I-EDUCATION SCIENCES
REFORM

SEC. 101. [20 U.S.C. 9501 note] SHORT TITLE.

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

SEC. 102. [20 U.S.C. 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

(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

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