102 STAT. 346
Public information. Classified information.
Establishment.
PUBLIC LAW 100-297—APR. 28, 1988
"(3)(A) The National Assessment shall not collect any data that are not directly related to the appraisal of educational performance, achievements, and traditional demographic reporting variables, or to the fair and accurate presentation of such information. "(B) The National Assessment shall provide technical assistance to States, localities, and other parties that desire to participate in the assessment to yield additional information described in paragraph (2). "(4)(A) Except as provided in subparagraph (B), the public shall have access to all data, questions, and test instruments of the National Assessment. "(B)(i) The Commissioner shall ensure that all personally identifiable information about students, their educational performance, and their families and that information with respect to individual schools remain confidential, in accordance with section 552a of title 5, United States Code. "(ii) Notwithstanding any other provision of the law, the Secretary may decline to make available to the public for a period not to exceed 10 years following their initial use cognitive questions that the Secretary intends to reuse in the future. "(C) The use of National Assessment test items and test data employed in the pilot program authorized in subsection (2)(C) to rank, compare, or otherwise evaluate individual students, schools, or school districts is prohibited. "(5)(A)(i) There is established the National Assessment Governing Board (hereafter in this section referred to as the 'Board'). "(ii) The Board shall formulate the policy guidelines for the National Assessment. "(B) The Board shall be appointed by the Secretary in accordance with this subparagraph and subparagraphs (C), (D), and (E). The Board shall be composed of— "(i) two Governors, or former Governors, who shall not be members of the same political party; "(ii) two State legislators, who shall not be members of the same political party; "(iii) two chief State school officers; "(iv) one superintendent of a local educational agency; "(v) one member of a State board of education; "(vi) one member of a local board of education; "(vii) three classroom teachers representing the grade levels at which the National Assessment is conducted; "(viii) one representative of business or industry; "(ix) two curriculum specialists; "(x) two testing and measurement experts; "(xi) one nonpublic school administrator or policymaker; "(xii) two school principals, one elementary and one secondary; "(xiii) three additional members who are representatives of the general public, including parents. The Assistant Secretary for Educational Research and Improvement shall serve as an ex officio member of the Board as a nonvoting member. "(C)(i) The Secretary and the Board shall ensure at all times that the membership of the Board reflects regional, racial, gender and cultural balance and diversity and that it exercises its independent judgment, free from inappropriate influences and special interests.
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