121 STAT. 1388
‘‘(2) CHARACTERISTICS OF MEASURES.—The measures under this subsection shall— ‘‘(A) be developmentally, linguistically, and culturally appropriate for the population served; ‘‘(B) be reviewed periodically, based on advances in the science of early childhood development; ‘‘(C) be consistent with relevant, nationally recognized professional and technical standards related to the assessment of young children; ‘‘(D) be valid and reliable in the language in which they are administered; ‘‘(E) be administered by staff with appropriate training for such administration; ‘‘(F) provide for appropriate accommodations for children with disabilities and children who are limited English proficient; ‘‘(G) be high-quality research-based measures that have been demonstrated to assist with the purposes for which they were devised; and ‘‘(H) be adaptable, as appropriate, for use in the selfassessment of Head Start agencies, including in the evaluation of administrative and financial management practices. ‘‘(3) USE OF MEASURES; LIMITATIONS ON USE.— ‘‘(A) USE.—The measures shall be designed, as appropriate, for the purpose of— ‘‘(i) helping to develop the skills, knowledge, abilities, and development described in subsection (a)(1)(B) of children participating in Head Start programs, with an emphasis on measuring skills that scientifically valid research has demonstrated are related to children’s school readiness and later success in school; ‘‘(ii) improving classroom practices, including reviewing children’s strengths and weaknesses and individualizing instruction to better meet the needs of the children involved; ‘‘(iii) identifying the special needs of children; and ‘‘(iv) improving overall program performance in order to help programs identify problem areas that may require additional training and technical assistance resources. ‘‘(B) LIMITATIONS.—Such measures shall not be used to exclude children from Head Start programs. ‘‘(4) CONFIDENTIALITY.— ‘‘(A) IN GENERAL.—The Secretary, through regulation, shall ensure the confidentiality of any personally identifiable data, information, and records collected or maintained under this subchapter by the Secretary and any Head Start agency. Such regulations shall provide the policies, protections, and rights equivalent to those provided to a parent, student, or educational agency or institution under section 444 of the General Education Provisions Act (20 U.S.C. 1232g). ‘‘(B) PROHIBITION ON NATIONWIDE DATABASE.—Nothing in this subsection shall be construed to authorize the development of a nationwide database of personally identifiable data, information, or records on children resulting from the use of measures under this subsection.
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