article: SECTION 1. NATIONAL TESTS. (a) OERI Annual Spending Plan.--Notwithstanding any other provision of law, the Assistant Secretary for Educational Research and Improvement shall submit to the Committee on Appropriations of the Senate a spending plan for activities funded through the Office of Educational Research and Improvement for each fiscal year, prior to the obligation of any funds for the fiscal year. (b) Exclusive Authority.--Notwithstanding any other provision of law, the National Assessment Governing Board established under section 412 of the National Education Statistics Act of 1994 (20 U.S.C. 9011) (hereafter in this section referred to as the ``Board'') shall hereafter have exclusive authority over all policies, direction, and guidelines for establishing and implementing voluntary national tests for 4th grade English reading and 8th grade mathematics. (c) Availability.--The tests described in subsection (b) shall be made available to a State, local educational agency, or private or parochial school, upon the request of the State, agency, or school, and the use of the tests shall not be a condition for receiving any Federal funds. (d) Contract.-- (1) In general.--Within 90 days after the date of enactment of this Act, the Board shall review the national test development contract in effect on the date of enactment of this Act, and modify the contract as the Board determines necessary. If the contract cannot be modified to the extent determined necessary by the Board, the contract shall be terminated and the Board shall negotiate a new contract, under the Board's exclusive control, for the tests. (2) Board duties.--In exercising the Board's responsibilities under paragraph (1) regarding the national tests, and notwithstanding any action undertaken by the Department of Education or a person contracting with or providing services for the Department regarding the planning, or the development of specifications, for the tests, the Board shall-- (A) ensure that the content and standards for the tests are the same as the content and standards for the National Assessment; (B) exercise exclusive authority over any expert panel or advisory committee that will be or is established with respect to the tests; (C) ensure that the tests are linked to the National Assessment to the maximum degree possible ; (D) develop test objectives, test specifications, and test methodology; (E) develop policies for test administration, including guidelines for inclusion of, and accommodations for, students with disabilities and students with limited English proficiency; (F) develop policies for reporting test results, including the use of standards or performance levels, and for test use; (G) have final authority over the appropriateness of all test items; (H) ensure that all items selected for use on the tests are free from racial, cultural, or gender bias; and (I) take such actions and make such policies as the Board determines necessary. (e) Consent Required.--No State or local educational agency may require any private or parochial school student, or home-schooled individual, to take any test developed under this Act without the written consent of the student or individual. (f) NAGB Amendments.--Section 412 of the National Education Statistics Act of 1994 (20 U.S.C. 9011) is amended-- (1) in subsection (b)(1)-- (A) by amending subparagraph (A) to read as follows: ``(A) three Governors, or former Governors, of whom not more than 1 shall be a member of the same political party as the President;''; (B) by amending subparagraph (B) to read as follows: ``(B) two State legislators, of whom not more than 1 shall be a member of the same political party as the President;''; (C) in subparagraph (H), by striking ``one representative'' and inserting ``three representatives''; (D) by amending subparagraph (I) to read as follows: ``(I) two mayors, of whom not more than 1 shall be a member of the same political party as the President;''; (E) by striking subparagraph (J); and (F) by redesignating subparagraphs (K), (L), and (M) as subparagraphs (J), (K), and (L), respectively; (2) in subsection (c)-- (A) in paragraph (1), by striking ``and may not exceed a period of 3'' and inserting ``and shall be for periods of 4''; and (B) in paragraph (2), by inserting ``consecutive'' after ``two''; (3) by amending subsection (d) to read as follows: ``(d) Vacancies.--As vacancies on the Board occur, new members of the Board shall be appointed by the Secretary from among individuals who are nominated by the Board after consultation with representatives of the individuals described in subsection (b)(1). For each vacancy, the Board shall nominate at least 3 individuals who are qualified by experience or training to fill the particular Board vacancy.''; and (4) in subsection (e) by adding at the end the following: ``(7) Independence.--In the exercise of its functions, powers, and duties, the Board shall be independent of the Secretary and the other offices and officers of the Department. The Secretary shall, by written delegation of authority, authorize the Board to award grants and contracts, and otherwise operate, to the maximum extent practicable, independent of the Department.''. (g) Appointments.--Not later than 30 days after the date of enactment of this Act, the Secretary of Education, in consultation with the Speaker and Minority Leader of the House of Representatives, and the Majority Leader and Minority Leader of the Senate, shall appoint individuals to fill vacancies on the National Assessment Governing Board caused by the expiration of the terms of members of the Board, or the creation of new membership positions on the Board pursuant to amendments made by this Act.
summary: Directs the Assistant Secretary for Educational Research and Improvement, before any funds are obligated for a fiscal year, to submit to the Committee on Appropriations of the Senate a spending plan for activities funded through the Office of Educational Research and Improvement for such year. Gives to the National Assessment Governing Board (established under the National Education Statistics Act of 1994) exclusive authority over all policies, direction, and guidelines for establishing and implementing voluntary national tests for fourth grade English reading and eighth grade mathematics. Requires such tests to be made available, upon request, to a State, local educational agency, or private or parochial school. Prohibits making the use of such tests a condition for receiving any Federal funds. Directs the Board to review the current national test development contract, and modify it as necessary, or terminate it and negotiate a new contract under the Board's exclusive control. Sets forth Board responsibilities with respect to development of, and content and standards for, such tests. Prohibits a State or local educational agency from requiring any private or parochial school student, or home-schooled individual, to take any test developed under this Act without the student's or individual's written consent. Amends the National Education Statistics Act of 1994 to: (1) revise requirements for appointment of Board members; and (2) provide that the Board, in its exercise of its functions, powers, and duties, shall be independent of the Secretary of Education and the other offices and officers of the Department of Education. Directs the Secretary to appoint individuals to fill vacancies on the Board caused by expiration of member terms or creation of new membership positions under this Act.