(1) Purpose The purpose of this section is to provide, in a timely manner, a fair and accurate measurement of
student academic achievement and reporting of trends in such achievement in reading, mathematics, and other subject matter as specified in this section.
(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) of this section, that such assessment produces high quality data that are valid and reliable.
(B) Agreement
(i) In general States participating in State assessments shall enter into an agreement with the Secretary pursuant to subsection (d)(3) of this section.
(ii) Content Such agreement shall contain information sufficient to give States full information about the process for decision-making (which shall include the consensus process used), on objectives to be tested, and the standards for random sampling, test administration, test security, data collection, validation, and reporting.
(C) Review and release
(i) In general Except as provided in clause (ii), a participating State shall review and give permission for the release of results from any test of its students administered as a part of a State assessment prior to the release of such data. Refusal by a State to release its data shall not restrict the release of data from other States that have approved the release of such data.
(ii) Special rule A State participating in the biennial academic assessments of
student achievement in reading and mathematics in grades 4 and 8 shall be deemed to have given its permission to release its data if the State has an approved plan under section
6311 of this title.
(4) Prohibited activities
(A) In general
The use of assessment items and data on any assessment authorized under this section by an agent or agents of the Federal Government to rank, compare, or otherwise evaluate individual students or teachers, or to provide rewards or sanctions for individual students, teachers, schools or local educational agencies is prohibited.
(B) Special rule
Any assessment authorized under this section shall not be used by an agent or agents of the Federal Government to establish, require, or influence the standards, assessments, curriculum, including lesson plans, textbooks, or classroom materials, or instructional practices of States or local educational agencies.
(C) Applicability to student educational decisions Nothing in this section shall be construed to prescribe the use of any assessment authorized under this section for
student promotion or graduation purposes.
(D) Applicability to home schools Nothing in this section shall be construed to affect home schools, whether or not a home
school is treated as a home
school or a private
school under State law, nor shall any home schooled
student be required to participate in any assessment referenced or authorized under this section.
(5) Requirement In carrying out any assessment authorized under this section, the Commissioner for Education Statistics, in a manner consistent with subsection (c)(3) of this section, 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.