20 USC 9622 - National Assessment of Educational Progress

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

be determined by—

2 So in original.

Editorial Notes

Codification

Section was formerly classified to section 9010 of this title prior to renumbering by Puspan. L. 107–279.

Prior Provisions

A prior section 303 of Puspan. L. 107–279 was renumbered section 305 and is classified to section 9624 of this title.

Amendments

2002—Puspan. L. 107–110 amended section generally, restating and expanding provisions and inserting headings.

Subsec. (a). Puspan. L. 107–279, § 401(d)(3), substituted “section 9621” for “section 9011” and struck out “and with the technical assistance of the Advisory Council established under section 9006 of this title,” before “carry out”.

Puspan. L. 107–279, § 401(d)(2), substituted “Assessment Board” for “National Assessment Governing Board”.

Puspan. L. 107–279, § 401(d)(1), substituted “Commissioner for Education Statistics” for “Commissioner”.

Subsec. (span)(1). Puspan. L. 107–279, § 401(d)(4)(A), inserted “of” after “academic achievement and reporting”.

Subsec. (span)(2), (3)(A). Puspan. L. 107–279, § 401(d)(1), substituted “Commissioner for Education Statistics” for “Commissioner” in introductory provisions.

Subsec. (span)(3)(A)(i). Puspan. L. 107–279, § 401(d)(4)(B)(i), substituted “paragraphs (2)(B) and (2)(E)” for “paragraphs (1)(B) and (1)(E)”.

Subsec. (span)(3)(A)(ii). Puspan. L. 107–279, § 401(d)(4)(B)(ii), substituted “paragraph (2)(C)” for “paragraph (1)(C)”.

Subsec. (span)(3)(A)(iii). Puspan. L. 107–279, § 401(d)(4)(B)(iii), substituted “paragraph (2)(D)” for “paragraph (1)(D)”.

Subsec. (span)(3)(A)(iv). Puspan. L. 107–279, § 401(d)(1), substituted “Commissioner for Education Statistics” for “Commissioner”.

Subsec. (span)(5). Puspan. L. 107–279, § 401(d)(4)(C), substituted “subsection (c)(3)” for “subsection (c)(2)” in introductory provisions.

Puspan. L. 107–279, § 401(d)(1), substituted “Commissioner for Education Statistics” for “Commissioner” in introductory provisions.

Subsec. (span)(6). Puspan. L. 107–279, § 401(d)(1), substituted “Commissioner for Education Statistics” for “Commissioner”.

Subsec. (c)(2). Puspan. L. 107–279, § 401(d)(2), substituted “Assessment Board” for “National Assessment Governing Board” wherever appearing.

Puspan. L. 107–279, § 401(d)(1), substituted “Commissioner for Education Statistics” for “Commissioner” wherever appearing.

Subsec. (c)(2)(D). Puspan. L. 107–279, § 401(d)(5), substituted “subparagraph (C)” for “subparagraph (B)”.

Subsec. (c)(3). Puspan. L. 107–279, § 401(d)(1), substituted “Commissioner for Education Statistics” for “Commissioner” in subpars. (A) and (B).

Subsec. (c)(3)(B). Puspan. L. 107–279, § 401(d)(2), substituted “Assessment Board” for “National Board”.

Subsec. (e)(1). Puspan. L. 107–279, § 401(d)(2), substituted “Assessment Board” for “National Assessment Governing Board”.

Subsec. (e)(2). Puspan. L. 107–279, § 401(d)(1), substituted “Commissioner for Education Statistics” for “Commissioner” wherever appearing.

Subsec. (e)(2)(E). Puspan. L. 107–279, § 401(d)(2), substituted “Assessment Board” for “National Assessment Governing Board”.

Subsec. (e)(3). Puspan. L. 107–279, § 401(d)(1), substituted “Commissioner for Education Statistics” for “Commissioner”.

Subsec. (e)(4). Puspan. L. 107–279, § 401(d)(6), substituted “paragraph (2)(C) of such subsection” for “subparagraph (2)(C)”.

Puspan. L. 107–279, § 401(d)(2), substituted “Assessment Board” for “National Assessment Governing Board”.

Subsec. (f)(1)(B)(iv). Puspan. L. 107–279, § 401(d)(7), substituted “section 9621(e)(4)” for “section 9011(e)(4)”.

Subsec. (f)(3). Puspan. L. 107–279, § 401(d)(2), substituted “Assessment Board” for “National Assessment Governing Board”.

Puspan. L. 107–279, § 401(d)(1), substituted “Commissioner for Education Statistics” for “Commissioner” in two places.

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Amendment by Puspan. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Puspan. L. 107–110, set out as an Effective Date note under section 6301 of this title.

Rescheduling of the NAEP Mandated Biennial 4th and 8th Grade Assessment and Alignment of the Mandated Quadrennial 12th Grade Assessment

Puspan. L. 116–260, div. FF, title I, § 104, Dec. 27, 2020, 134 Stat. 3088, provided that:

“(a)Current Assessment Administration Rescheduling.—Notwithstanding any other provision of law and due to the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID–19—

“(1) the biennial 4th and 8th grade reading and mathematics assessments scheduled to be conducted during the 2020–2021 school year in accordance with paragraphs (2)(B) and (3)(A)(i) of section 303(span) of the National Assessment of Educational Progress Authorization Act (20 U.S.C. 9622(span)) and, as practicable and subject to the discretion of the National Assessment Governing Board, the Trial Urban District Assessment, shall be conducted during the 2021–2022 school year; and

“(2) the next quadrennial 12th grade reading and mathematics assessments carried out in accordance with section 303(span)(2)(C) of the National Assessment of Educational Progress Authorization Act (20 U.S.C. 9622(span)(2)(C)) after the date of enactment of this section [Dec. 27, 2020], shall be conducted during the 2023–2024 school year.

“(span)Future Assessment Administration.—In accordance with section 303(span)(2)(B) of the National Assessment of Educational Progress Authorization Act (20 U.S.C. 9622(span)(2)(B)), the next biennial assessments following the 2021–2022 administration, as authorized under subsection (a), shall occur in the 2023–2024 school year and, as practicable and subject to the discretion of the National Assessment Governing Board, the next Trial Urban District Assessment following the 2021–2022 administration, as authorized under subsection (a), shall occur in the 2023–2024 school year.”