20 U.S.C. § 9501 — Definitions

Page 1702 TITLE 20—EDUCATION § 9501 (C) other individuals concerned with early learning issues in the locality, such as rep- resentative entities providing elementary education, child care resource and referral services, early learning opportunities, child care, and health services; and (D) other key community leaders. (2) Designating existing entity If a local government entity, Indian tribe, Regional Corporation, or Native Hawaiian en- tity has, before December 21, 2000, a Local Council or a regional entity that is com- parable to the Local Council described in para- graph (1), the entity, tribe, or corporation may designate the council or entity as a Local Council under this chapter, and shall be con- sidered to have established a Local Council in compliance with this subsection. (3) Functions The Local Council shall be responsible for preparing and submitting the application de- scribed in section 9412 of this title. (b) Administration (1) Administrative costs Not more than 3 percent of the funds re- ceived by a Local Council under this chapter shall be used to pay for the administrative costs of the Local Council in carrying out this chapter. (2) Fiscal agent A Local Council may designate any entity, with a demonstrated capacity for admin- istering grants, that is affected by, or con- cerned with, early learning issues, including the State, to serve as fiscal agent for the ad- ministration of grant funds received by the Local Council under this chapter. (Pub. L. 106–554, § 1(a)(1) [title VIII, § 814], Dec. 21, 2000, 114 Stat. 2763, 2763A–88.) CHAPTER 76—EDUCATION RESEARCH, STA- TISTICS, EVALUATION, INFORMATION, AND DISSEMINATION SUBCHAPTER I—EDUCATION SCIENCES REFORM Sec. 9501. Definitions. PART A—THE INSTITUTE OF EDUCATION SCIENCES 9511. Establishment. 9512. Functions. 9513. Delegation. 9514. Office of the Director. 9515. Priorities. 9516. National Board for Education Sciences. 9517. Commissioners of the National Education Centers. 9518. Agreements. 9519. Biennial report. 9520. Competitive awards. PART B—NATIONAL CENTER FOR EDUCATION RESEARCH 9531. Establishment. 9532. Commissioner for Education Research. 9533. Duties. 9534. Standards for conduct and evaluation of re- search. PART C—NATIONAL CENTER FOR EDUCATION STATISTICS 9541. Establishment. Sec. 9542. Commissioner for Education Statistics. 9543. Duties. 9544. Performance of duties. 9545. Reports. 9546. Dissemination. 9547. Cooperative education statistics systems. 9548. State defined. PART D—NATIONAL CENTER FOR EDUCATION EVALUATION AND REGIONAL ASSISTANCE 9561. Establishment. 9562. Commissioner for Education Evaluation and Regional Assistance. 9563. Evaluations. 9564. Regional educational laboratories for re- search, development, dissemination, and technical assistance. PART E—NATIONAL CENTER FOR SPECIAL EDUCATION RESEARCH 9567. Establishment. 9567a. Commissioner for Special Education Re- search. 9567b. Duties. PART F—GENERAL PROVISIONS 9571. Interagency data sources and formats. 9572. Prohibitions. 9573. Confidentiality. 9574. Availability of data. 9575. Performance management. 9576. Authority to publish. 9577. Vacancies. 9578. Scientific or technical employees. 9579. Fellowships. 9580. Voluntary service. 9581. Rulemaking. 9582. Copyright. 9583. Removal. 9584. Authorization of appropriations. SUBCHAPTER II—EDUCATIONAL TECHNICAL ASSISTANCE 9601. Definitions. 9602. Comprehensive centers. 9603. Evaluations. 9604. Existing technical assistance providers. 9605. Regional advisory committees. 9606. Priorities. 9607. Grant program for statewide, longitudinal data systems. 9608. Authorization of appropriations. SUBCHAPTER III—NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS 9621. National Assessment Governing Board. 9622. National Assessment of Educational Progress. 9623. Definitions. 9624. Authorization of appropriations. SUBCHAPTER IV—NATIONAL CENTER FOR RE- SEARCH IN ADVANCED INFORMATION AND DIG- ITAL TECHNOLOGIES 9631. National Center for Research in Advanced In- formation and Digital Technologies. SUBCHAPTER I—EDUCATION SCIENCES REFORM § 9501. Definitions In this subchapter: (1)(A) In general The terms ‘‘elementary school’’, ‘‘secondary school’’, ‘‘local educational agency’’, and ‘‘State educational agency’’ have the mean- ings given those terms in section 7801 of this title. Page 1703 TITLE 20—EDUCATION § 9501 (B) Outlying areas The term ‘‘outlying areas’’ has the meaning given such term in section 6331(c) of this title. (C) Freely associated states The term ‘‘freely associated states’’ means the Republic of the Marshall Islands, the Fed- erated States of Micronesia, and the Republic of Palau. (2) Applied research The term ‘‘applied research’’ means re- search— (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 ad- vancement of practice in the field of edu- cation. (3) Basic research The term ‘‘basic research’’ means research— (A) to gain fundamental knowledge or un- derstanding 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 sec- tion 9516 of this title. (5) Bureau The term ‘‘Bureau’’ means the Bureau of In- dian Affairs. (6) Comprehensive center The term ‘‘comprehensive center’’ means an entity established under section 9602 of this title. (7) Department The term ‘‘Department’’ means the Depart- ment of Education. (8) Development The term ‘‘development’’ means the system- atic use of knowledge or understanding gained from the findings of scientifically valid re- search 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 ma- terials and new methods of instruction and practices in teaching, that lead to the im- provement of the academic skills of students, and that are replicable in different edu- cational settings. (9) Director The term ‘‘Director’’ means the Director of the Institute of Education Sciences. (10) Dissemination The term ‘‘dissemination’’ means the com- munication and transfer of the results of sci- entifically valid research, statistics, and eval- uations, in forms that are understandable, eas- ily accessible, and usable, or adaptable for use in, the improvement of educational practice by teachers, administrators, librarians, other practitioners, researchers, parents, policy- makers, and the public, through technical as- sistance, 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 (includ- ing center-based, family-based, and in-home child care services) that is legally operating under State law, and that complies with appli- cable State and local requirements for the pro- vision 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 uni- versity’’ means a part B institution as defined in section 1061 of this title. (14) Institute The term ‘‘Institute’’ means the Institute of Education Sciences established under section 9511 of this title. (15) Institution of higher education The term ‘‘institution of higher education’’ has the meaning given that term in section 1001(a) of this title. (16) National research and development center The term ‘‘national research and develop- ment center’’ means a research and develop- ment center supported under section 9533(c) of this title. (17) Provider of early childhood services The term ‘‘provider of early childhood serv- ices’’ 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 objec- tive methodology to obtain reliable and valid knowledge relevant to education ac- tivities 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 re- search being conducted— (i) employing systematic, empirical meth- ods that draw on observation or experiment; Page 1704 TITLE 20—EDUCATION § 9501 (ii) involving data analyses that are ade- quate to support the general findings; (iii) relying on measurements or observa- tional 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 systemati- cally on the findings of the research; (vi) obtaining acceptance by a peer-re- viewed 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 stand- ards of quality with respect to research de- sign and statistical analysis; (B) provides an adequate description of the programs evaluated and, to the extent pos- sible, examines the relationship between program implementation and program im- pacts; (C) provides an analysis of the results achieved by the program with respect to its projected effects; (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’’ in- cludes applied research, basic research, and field-initiated research in which the rationale, design, and interpretation are soundly devel- oped 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 pro- vided in section 9548 of this title) each of the 50 States, the District of Columbia, the Com- monwealth of Puerto Rico, the freely associ- ated states, and the outlying areas. (23) Technical assistance The term ‘‘technical assistance’’ means— (A) assistance in identifying, selecting, or designing solutions based on research, in- cluding professional development and high- quality training to implement solutions leading to— (i) improved educational and other prac- tices and classroom instruction based on scientifically valid research; and (ii) improved planning, design, and ad- ministration of programs; (B) assistance in interpreting, analyzing, and utilizing statistics and evaluations; and (C) other assistance necessary to encour- age the improvement of teaching and learn- ing through the applications of techniques supported by scientifically valid research. (Pub. L. 107–279, title I, § 102, Nov. 5, 2002, 116 Stat. 1941; Pub. L. 114–95, title IX, § 9215(ff)(1), Dec. 10, 2015, 129 Stat. 2174.) Editorial Notes REFERENCES IN TEXT The Head Start Act, referred to in par. (17)(B), is sub- chapter B (§§ 635–657) of chapter 8 of subtitle A of title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 499, which is classified generally to subchapter II (§ 9831 et seq.) of chapter 105 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 9801 of Title 42 and Tables. AMENDMENTS 2015—Par. (1). Pub. L. 114–95 amended par. (1) gen- erally. Prior to amendment, text read as follows: ‘‘The terms ‘elementary school’, ‘secondary school’, ‘local educational agency’, and ‘State educational agency’ have the meanings given those terms in section 7801 of this title and the terms ‘freely associated states’ and ‘outlying area’ have the meanings given those terms in section 6331(c) of this title.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. SHORT TITLE Pub. L. 107–279, title I, § 101, Nov. 5, 2002, 116 Stat. 1941, provided that: ‘‘This title [enacting this sub- chapter] may be cited as the ‘Education Sciences Re- form Act of 2002’.’’ Pub. L. 107–279, title II, § 201, Nov. 5, 2002, 116 Stat. 1975, provided that: ‘‘This title [enacting subchapter II of this chapter] may be cited as the ‘Educational Tech- nical Assistance Act of 2002’.’’ Pub. L. 107–279, title III, § 301, Nov. 5, 2002, 116 Stat. 1982, provided that: ‘‘This title [enacting subchapter III of this chapter] may be referred to as the ‘National As- sessment of Educational Progress Authorization Act’.’’ ORDERLY TRANSITION Pub. L. 107–279, title IV, § 405, Nov. 5, 2002, 116 Stat. 1986, provided that: ‘‘The Secretary of Education shall take such steps as are necessary to provide for the or- derly transition to, and implementation of, the offices, boards, committees, and centers (and their various functions and responsibilities) established or author- ized by this Act [enacting this chapter and section 3419 of this title, amending sections 1232j, 3412, 3461, 6194, 6311, 6312, 7013, 7451, 7703, 7909, 9007, 9010, 9011, 9573, 9623, and 9624 and former sections 6317, 6491, 6932, 7253c, 7283b, and 7283d of this title and section 5315 of Title 5, Gov- ernment Organization and Employees, transferring sec- tions 9010 and 9011 of this title to sections 9622 and 9621 of this title, respectively, repealing sections 3419, 6011, 6021, 6031, 6041, 6051, 6053 to 6053e, 6054 to 6054b, 6055 to 6055h, 6056, 6056a, 9001 to 9009, and 9012 of this title, en- acting provisions set out as notes under this section and section 7703 of this title, and repealing provisions Page 1705 TITLE 20—EDUCATION § 9513 set out as notes under sections 1221e and 9001 of this title], and by the amendments made by this Act, from those established or authorized by the Educational Re- search, Development, Dissemination, and Improvement Act of 1994 (20 U.S.C. 6001 et seq.) and the National Edu- cation Statistics Act of 1994 (20 U.S.C. 9001 et seq.).’’ PART A—THE INSTITUTE OF EDUCATION SCIENCES § 9511. Establishment (a) Establishment There shall be in the Department the Institute of Education Sciences, to be administered by a Director (as described in section 9514 of this title) and, to the extent set forth in section 9516 of this title, a board of directors. (b) Mission (1) In general The mission of the Institute is to provide na- tional leadership in expanding fundamental knowledge and understanding of education from early childhood through postsecondary study, in order to provide parents, educators, students, researchers, policymakers, and the general public with reliable information about— (A) the condition and progress of edu- cation in the United States, including early childhood education and special education; (B) educational practices that support learning and improve academic achievement and access to educational opportunities for all students; and (C) the effectiveness of Federal and other education programs. (2) Carrying out mission In carrying out the mission described in paragraph (1), the Institute shall compile sta- tistics, develop products, and conduct re- search, evaluations, and wide dissemination activities in areas of demonstrated national need (including in technology areas) that are supported by Federal funds appropriated to the Institute and ensure that such activities— (A) conform to high standards of quality, integrity, and accuracy; and (B) are objective, secular, neutral, and nonideological and are free of partisan polit- ical influence and racial, cultural, gender, or regional bias. (c) Organization The Institute shall consist of the following: (1) The Office of the Director (as described in section 9514 of this title). (2) The National Board for Education Sciences (as described in section 9516 of this title). (3) The National Education Centers, which include— (A) the National Center for Education Re- search (as described in part B); (B) the National Center for Education Sta- tistics (as described in part C); (C) the National Center for Education Evaluation and Regional Assistance (as de- scribed in part D); and (D) the National Center for Special Edu- cation Research (as described in part E). (Pub. L. 107–279, title I, § 111, Nov. 5, 2002, 116 Stat. 1944; Pub. L. 108–446, title II, § 201(b)(2)(A), (B), Dec. 3, 2004, 118 Stat. 2802.) Editorial Notes AMENDMENTS 2004—Subsec. (b)(1)(A). Pub. L. 108–446, § 201(b)(2)(A), inserted ‘‘and special education’’ after ‘‘early childhood education’’. Subsec. (c)(3)(D). Pub. L. 108–446, § 201(b)(2)(B), added subpar. (D). § 9512. Functions From funds appropriated under section 9584 of this title, the Institute, directly or through grants, contracts, or cooperative agreements, shall— (1) conduct and support scientifically valid research activities, including basic research and applied research, statistics activities, sci- entifically valid education evaluation, devel- opment, and wide dissemination; (2) widely disseminate the findings and re- sults of scientifically valid research in edu- cation; (3) promote the use, development, and appli- cation of knowledge gained from scientifically valid research activities; (4) strengthen the national capacity to con- duct, develop, and widely disseminate scientif- ically valid research in education; (5) promote the coordination, development, and dissemination of scientifically valid re- search in education within the Department and the Federal Government; and (6) promote the use and application of re- search and development to improve practice in the classroom. (Pub. L. 107–279, title I, § 112, Nov. 5, 2002, 116 Stat. 1945.) § 9513. Delegation (a) Delegation of authority Notwithstanding section 3472 of this title, the Secretary shall delegate to the Director all functions for carrying out this subchapter (other than administrative and support functions), ex- cept that— (1) nothing in this subchapter or in sub- chapter III of this chapter (except section 9621(e)(1)(J) of this title) shall be construed to alter or diminish the role, responsibilities, or authority of the National Assessment Gov- erning Board with respect to the National As- sessment of Educational Progress (including with respect to the methodologies of the Na- tional Assessment of Educational Progress de- scribed in section 9621(e)(1)(E) of this title) from those authorized by the National Edu- cation Statistics Act of 1994 (20 U.S.C. 9001 et seq.) on the day before November 5, 2002; (2) members of the National Assessment Governing Board shall continue to be ap- pointed by the Secretary; (3) section 9621(f)(1) of this title shall apply to the National Assessment Governing Board in the exercise of its responsibilities under this Act; (4) sections 9515 and 9516 of this title shall not apply to the National Assessment of Edu- cational Progress; and