115 STAT. 1900 PUBLIC LAW 107-110—JAN. 8, 2002 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 1111 of the Elementary and Secondary Education Act of 1965. " (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 ref- erenced or authorized under this section. "(5) REQUIREMENT. —In carrying out any assessment authorized under this section, the Commissioner, in a manner consistent with subsection (c)(2), 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. "(6) TECHNICAL ASSISTANCE.— In carrying out any assessment authorized under this section, the Commissioner may provide technical assistance to States, localities, and other parties. "(c) ACCESS. — "(1) PUBLIC ACCESS.—
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