108 STAT. 4040 PUBLIC LAW 103-382—OCT. 20, 1994 (K) one nonpublic school administrator or policymaker; (L) two school principals, of whom one shall be an elementary school principal and one shall be a secondary school principal; and (M) four additional members who are representatives of the general public, including parents. (2) ASSISTANT SECRETARY FOR EDUCATIONAL RESEARCH. — The Assistant Secretary for Educational Research and Improvement shall serve as an ex officio, nonvoting member of the Board. (3) SPECIAL RULE. — 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 the Board exercises its independent judgment, free from inappropriate influences and special interests. (c) TERMS. — (1) IN GENERAL.—Terms of service of members of the Board shall be staggered and may not exceed a period of 3 years, as determined by the Secretary. (2) SERVICE LIMITATION.—Members of the Board may serve not more than two terms. (3) CHANGE OF STATUS.—A member of the Board who changes status under subsection (b) during the term of the appointment of the member may continue to serve as a member until the expiration of such term. (d) VACANCIES. — (1) IN GENERAL.— (A) The Secretary shall appoint new members to fill vacancies on the Board from among individuals who are nominated by organizations representing the t3rpe of individuals described in subsection (b)(1) with respect to which the vacancy exists. (B) Each organization submitting nominations to the Secretary with respect to a particular vacancy shall nominate for such vacancy six individuals who are qualified by experience or training to fill the particular Board vacancy. (C) The Secretary's appointments shall maintain the composition, diversity, and balance of the Board required under subsection (b). (2) ADDITIONAL NOMINATIONS. —The Secretary may request that each organization described in paragraph (1)(A) submit additional nominations if the Secretary detennines that none of the individuals nominated by such organization have appropriate knowledge or expertise. (e) DUTIES.— (1) IN GENERAL.— In carrying out its functions under this section the Board shall— (A) select subject areas to be assessed (consistent with section 411(b)(1)); (B) develop appropriate student performance levels as provided in section 411(e); (C) develop assessment objectives and test specifications through a national consensus approach which includes the active participation of teachers, curriculum specialists, local school administrators, parents, and concerned members of the public;
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