Ill STAT. 1506 PUBLIC LAW 105-78—NOV. 13, 1997 contract shall be terminated and the Board shall negotiate a new contract, under the Board's exclusive control, for the tests, not inconsistent with this Act or applicable laws. (b) In carrying out its exclusive authority for developing voluntary national tests pursuant to contract RJ97153001, any subsequent contract related thereto, or any contract modification pursuant to subsection (a), the National Assessment Governing Board shall determine— (1) the extent to which test items selected for use on the tests are free from racial, cultural or gender bias; (2) whether the test development process and test items adequately assess student reading and mathematics comprehension in the form most likely to jdeld accurate information regarding student achievement in reading and mathematics; (3) whether the test development process and test items take into account the needs of disadvantaged, limited English proficient and disabled students; and (4) whether the test development process takes into account how parents, guardians, and students will appropriately be informed about testing content, purpose and uses. Reports. SEC. 308. STUDY.— The National Academy of Sciences shall, not later than September 1, 1998, submit a written report to the Committee on Education and the Workforce of the House of Representatives, the Committee on Labor and Human Resources of the Senate, and the Committees on Appropriations of the House and Senate that eveQuates all test items developed or funded by the Department of Education or any other agency of the Federal Government pursuant to contract RJ97153001, any subsequent contract related thereto, or any contract modification by the National Assessment Governing Board pursuant to section 307 of this Act, for— (1) the technical quality of any test items for 4th grade reading and 8th grade mathematics; (2) the validity, reliability, and adequacy of developed test items; (3) the validity of any developed design which links test results to student performance; (4) the degree to which any developed test items provide valid and useful information to the public; (5) whether the test items are free from racial, cultural, or gender bias; (6) whether the test items address the needs of disadvantaged, limited English proficient and disabled students; and (7) whether the test items can be used for tracking, graduation or promotion of students. SEC. 309. (a) STUDY.—The National Academy of Sciences shall conduct a study and make written recommendations on appropriate methods, practices, and safeguards to ensure that— (1) existing and new tests that are used to assess student performance are not used in a discriminatory manner or inappropriately for student promotion, tracking or graduation; and (2) existing and new tests adequately assess student reading and mathematics comprehension in the form most likely to yield accurate information regarding student achievement of reading and mathematics skills.
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