115 STAT. 1898 PUBLIC LAW 107-110-JAN. 8, 2002 control a State, local educational agency, or school's specific instructional content, academic achievement standards and assessments, curriculum, or program of instruction, as a condition of eligibility to receive funds under this Act. 20 USC 7372. "SEC. 6302. RULE OF CONSTRUCTION ON EQUALIZED SPENDING. "Nothing in this title shall be construed to mandate equalized spending per pupil for a State, local educational agency, or school.". SEC. 602. AMENDMENT TO THE NATIONAL EDUCATION STATISTICS ACT OF 1994. (a) NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.— Section 411 of the National Education Statistics Act of 1994 (20 U.S.C. 9010) is amended to read as follows: "SEC. 411. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS. "(a) ESTABLISHMENT.—The Commissioner shall, with the advice of the National Assessment Governing Board established under section 412, and with the technical assistance of the Advisory Council established under section 407, carry out, through grants, contracts, or cooperative agreements with one or more qualified organizations, or consortia thereof, a National Assessment of Educational Progress, which collectively refers to a national assessment. State assessments, and a long-term trend assessment in reading and mathematics. "(b) PURPOSE; STATE ASSESSMENTS.— "(1) PURPOSE. — The purpose of this section is to provide, in a timely manner, a fair and accurate measurement of student academic achievement and reporting trends in such achievement in reading, mathematics, and other subject matter as specified in this section. "(2) MEASUREMENT AND REPORTING.— The Commissioner, in carrying out the measurement and reporting described in paragraph (1), shall— "(A) use a random sampling process which is consistent with relevant, widely accepted professional assessment standards and that produces data that are representative on a national and regional basis; "(B) conduct a national assessment and collect and report assessment data, including achievement data trends, in a valid and reliable manner on student academic achievement in public and private elementary schools and secondary schools at least once every 2 years, in grades 4 and 8 in reading and mathematics; "(C) conduct a national assessment and collect and report assessment data, including achievement data trends, in a valid and reliable manner on student academic achievement in public and private schools in reading and mathematics in grade 12 in regularly scheduled intervals, but at least as often as such assessments were conducted prior to the date of enactment of the No Child Left Behind Act of 2001; "(D) to the extent time and resources allow, and after the requirements described in subparagraph (B) are implemented and the requirements described in subparagraph (C) are met, conduct additional national assessments and collect and report assessment data, including achievement data trends, in a valid and reliable manner on student
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