The term "innovative assessment system" means a system of assessments that may include-
The Secretary may provide a State educational agency, or a consortium of State educational agencies, in accordance with paragraph (3), with the authority to establish an innovative assessment system (referred to in this section as "demonstration authority").
In accordance with the requirements described in subsection (e), each State educational agency, or consortium of State educational agencies, that submits an application under this section shall propose in its application the period of time over which the State educational agency or consortium desires to exercise the demonstration authority, except that such period shall not exceed 5 years.
During the first 3 years that the Secretary provides State educational agencies and consortia with demonstration authority (referred to in this section as the "initial demonstration period") the Secretary shall provide such demonstration authority to-
Not later than 180 days after the end of the initial demonstration period, and prior to providing additional State educational agencies with demonstration authority, the Director of the Institute of Education Sciences, in consultation with the Secretary, shall publish a report detailing the initial progress of innovative assessment systems carried out through demonstration authority under this section.
The progress report under paragraph (1) shall be based on the annual information submitted by participating States described in subsection (e)(2)(B)(ix) and examine the extent to which-
Upon completion of the progress report, the Secretary shall provide a response to the findings of the progress report, including a description of how the findings of the report will be used-
The Secretary shall make the progress report under this subsection and the response described in paragraph (3) publicly available on the website of the Department.
The Secretary shall not require States that have demonstration authority to submit any information for the purposes of the progress report that is in addition to the information the State is already required to provide under subsection (e)(2)(B)(x).
Upon completion and publication of the report described in subsection (c), the Secretary may grant demonstration authority to additional State educational agencies or consortia that submit an application under subsection (e). Such State educational agencies or consortia of State educational agencies shall be subject to all of the same terms, conditions, and requirements of this section.
A State educational agency, or consortium of State educational agencies, that desires to participate in the program of demonstration authority under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require.
Such application shall include a description of the innovative assessment system, the experience the applicant has in implementing any components of the innovative assessment system, and the timeline over which the State or consortium proposes to exercise the demonstration authority. In addition, the application shall include each of the following:
The Secretary shall-
The Secretary may extend an authorization of demonstration authority under this section for an additional 2 years if the State educational agency demonstrates with evidence that the State educational agency's innovative assessment system is continuing to meet the requirements of subsection (c), including by demonstrating a plan for, and the capacity to, transition to statewide use of the innovative assessment system by the end of the 2-year extension period.
A State may, during the State's approved demonstration authority period or 2-year extension, include results from the innovative assessment systems developed under this section in accountability determinations for each student in the participating local educational agencies instead of, or in addition to, results from the assessment system under section 6311(b)(2) of this title if the State demonstrates that the State has met the requirements under subsection (c). The State shall continue to meet all other requirements of section 6311(c) of this title.
The Secretary shall withdraw the authorization for demonstration authority provided to a State educational agency under this section and such State shall return to use of the statewide assessment system under section 6311(b)(2) of this title for all local educational agencies in the State if, at any time during a State's approved demonstration authority period or 2-year extension, the State educational agency cannot present to the Secretary evidence that the innovative assessment system developed under this section-
If, after a State's approved demonstration authority period or 2-year extension, the State educational agency has met all the requirements of this section, including having scaled the innovative assessment system up to statewide use, and demonstrated that such system is of high quality, as described in subparagraph (B), the State shall be permitted to operate the innovative assessment system approved under the program of demonstration authority under this section for the purposes of subsections (b)(2) and (c) of section 6311 of this title.
Such system shall be considered of high quality if the Secretary, through the peer-review process described in section 6311(a)(4) of this title, determines that-
For the purposes of the evaluation described in paragraph (1), the baseline year shall be considered the first year that each local educational agency in the State used the innovative assessment system.
A State may request, and the Secretary shall review such request and may grant, a delay of the withdrawal of authority under subsection (i) for the purpose of providing the State with the time necessary to implement the innovative assessment system statewide, if, at the conclusion of the State's approved demonstration authority period and 2-year extension-
A State may use funds available under section 6361 of this title to carry out this section.
A consortium of States may apply to participate in the program of demonstration authority under this section, and the Secretary may provide each State member of such consortium with such authority if each such State member meets all of the requirements of this section. Such consortium shall be subject to the limitation described in subsection (b)(3)(B) during the initial 3 years of the demonstration authority.
Following the publication of the progress report described in subsection (c), the Director of the Institute of Education Sciences, in consultation with the Secretary, shall collect and disseminate the best practices on the development and implementation of innovative assessment systems that meet the requirements of this section, including best practices regarding the development of-
The Secretary shall make the information described in paragraph (1) available on the website of the Department and shall publish an update to the information not less often than once every 3 years.
1 So in original. Probably should refer to subsection (e).
20 U.S.C. § 6364
EDITORIAL NOTES
PRIOR PROVISIONSA prior section 6364, Pub. L. 89-10, title I, §1204, as added Pub. L. 107-110, §101, Jan. 8, 2002, 115 Stat. 1546, related to award of targeted assistance grants, prior to the general amendment of this part by Pub. L. 114-95. Another prior section 6364, Pub. L. 89-10, title I, §1204, as added Pub. L. 103-382, §101, 108 Stat. 3580; amended Pub. L. 104-134, title I, §101(b) [title II, §2755(a)], Apr. 26, 1996, 110 Stat. 1321-77, 1321-151; renumbered title I, Pub. L. 104-140, §1, 110 Stat. 1327; Pub. L. 106-113, div. B, §1000(a)(4) [title III, §306(a)], Nov. 29, 1999, 113 Stat. 1535, 1501A-260; Pub. L. 106-554, §1(a)(4) [div. B, title XVI, §1604(h)], Dec. 21, 2000, 114 Stat. 2763, 2763A-330, related to uses of funds in carrying out an Even Start program, prior to the general amendment of this subchapter by Pub. L. 107-110.Prior sections 6365 to 6368 were omitted in the general amendment of this part by Pub. L. 114-95. Section 6365, Pub. L. 89-10, title I, §1205, as added Pub. L. 107-110, §101, Jan. 8, 2002, 115 Stat. 1548, related to external evaluation of former subpart 1 of this part.Another prior section 6365, Pub. L. 89-10, title I, §1205, as added Pub. L. 103-382, §101, 108 Stat. 3580; amended Pub. L. 104-134, title I, §101(b) [title II, §2755(b)], Apr. 26, 1996, 110 Stat. 1321-77, 1321-151; renumbered title I, Pub. L. 104-140, §1, 110 Stat. 1327; Pub. L. 105-220, §251, 112 Stat. 1079; Pub. L. 105-277, div. A, §101(f) [title VIII, §405(d)(18)(A), (f)(13)(A)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-422, 2681-431; Pub. L. 106-554, §1(a)(4) [div. B, title XVI, §1604(i)], Dec. 21, 2000, 114 Stat. 2763, 2763A-331, related to Even Start program elements, prior to the general amendment of this subchapter by Pub. L. 107-110.Section 6366, Pub. L. 89-10, title I, §1206, as added Pub. L. 107-110, §101, Jan. 8, 2002, 115 Stat. 1548, related to activities of Secretary of Education.Another prior section 6366, Pub. L. 89-10, title I, §1206, as added Pub. L. 103-382, §101, 108 Stat. 3581; amended Pub. L. 105-220, §251, 112 Stat. 1079; Pub. L. 106-554, §1(a)(4) [div. B, title XVI, §1604(j)], Dec. 21, 2000, 114 Stat. 2763, 2763A-332, related to eligible participants in an Even Start program, prior to the general amendment of this subchapter by Pub. L. 107-110.Section 6367, Pub. L. 89-10, title I, §1207, as added Pub. L. 107-110, §101, Jan. 8, 2002, 115 Stat. 1549; amended Pub. L. 110-154, §1(c)(3), Dec. 21, 2007, 121 Stat. 1828, related to dissemination of information.Another prior section 6367, Pub. L. 89-10, title I, §1207, as added Pub. L. 103-382, §101, 108 Stat. 3582; amended Pub. L. 106-554, §1(a)(4) [div. B, title XVI, §1604(k)], Dec. 21, 2000, 114 Stat. 2763, 2763A-332, related to applications for Even Start subgrants, prior to the general amendment of this subchapter by Pub. L. 107-110. Section 6368, Pub. L. 89-10, title I, §1208, as added Pub. L. 107-110, §101, Jan. 8, 2002, 115 Stat. 1549, defined terms in former subpart 1 of this part. Another prior section 6368, Pub. L. 89-10, title I, §1208, as added Pub. L. 103-382, §101, 108 Stat. 3583; amended Pub. L. 105-277, div. A, §101(f) [title VIII, §204(c)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-409; Pub. L. 106-113, div. B, §1000(a)(4) [title III, §306(b)], Nov. 29, 1999, 113 Stat. 1535, 1501A-260; Pub. L. 106-554, §1(a)(4) [div. B, title XVI, §1604(l)], Dec. 21, 2000, 114 Stat. 2763, 2763A-332, related to award of Even Start subgrants, prior to the general amendment of this subchapter by Pub. L. 107-110.Prior sections 6369, 6369a, 6369b, and 6370 were omitted in the general amendment of this subchapter by Pub. L. 107-110.Section 6369, Pub. L. 89-10, title I, §1209, as added Pub. L. 103-382, §101, 108 Stat. 3584; amended Pub. L. 105-277, div. A, §101(f) [title VIII, §203], Oct. 21, 1998, 112 Stat. 2681-337, 2681-408, related to evaluation of Even Start programs. Section 6369a, Pub. L. 89-10, title I, §1210, as added Pub. L. 105-277, div. A, §101(f) [title VIII, §204(a)(2)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-409, related to indicators of Even Start program quality.Section 6369b, Pub. L. 89-10, title I, §1211, as added Pub. L. 105-277, div. A, §101(f) [title VIII, §205], Oct. 21, 1998, 112 Stat. 2681-337, 2681-410; amended Pub. L. 106-554, §1(a)(4) [div. B, title XVI, §1604(m)], Dec. 21, 2000, 114 Stat. 2763, 2763A-333, authorized research.Section 6370, Pub. L. 89-10, title I, §1212, formerly §1210, as added Pub. L. 103-382, §101, 108 Stat. 3584; renumbered §1212, Pub. L. 105-277, div. A, §101(f) [title VIII, §204(a)(1)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-409, related to construction of provisions.Prior sections 6371 to 6376, 6381 to 6381k, and 6383 were omitted in the general amendment of this part by Pub. L. 114-95.Section 6371, Pub. L. 89-10, title I, §1221, as added Pub. L. 107-110, §101, Jan. 8, 2002, 115 Stat. 1552, set forth purposes and definitions for former subpart 2 of this part. Section 6372, Pub. L. 89-10, title I, §1222, as added Pub. L. 107-110, §101, Jan. 8, 2002, 115 Stat. 1553, authorized local Early Reading First grants.Section 6373, Pub. L. 89-10, title I, §1223, as added Pub. L. 107-110, §101, Jan. 8, 2002, 115 Stat. 1554, related to Federal administration of activities.Section 6374, Pub. L. 89-10, title I, §1224, as added Pub. L. 107-110, §101, Jan. 8, 2002, 115 Stat. 1554, related to dissemination of information regarding assisted projects. Section 6375, Pub. L. 89-10, title I, §1225, as added Pub. L. 107-110, §101, Jan. 8, 2002, 115 Stat. 1554, related to annual reporting requirements.Section 6376, Pub. L. 89-10, title I, §1226, as added Pub. L. 107-110, §101, Jan. 8, 2002, 115 Stat. 1555, related to evaluation of effectiveness of former subpart 2 of this part.Section 6381, Pub. L. 89-10, title I, §1231, as added Pub. L. 107-110, §101, Jan. 8, 2002, 115 Stat. 1555, stated purpose of former subpart 3 of this part.Section 6381a, Pub. L. 89-10, title I, §1232, as added Pub. L. 107-110, §101, Jan. 8, 2002, 115 Stat. 1556, authorized reservation of funds for migrant programs, outlying areas, and Indian tribes.Section 6381b, Pub. L. 89-10, title I, §1233, as added Pub. L. 107-110, §101, Jan. 8, 2002, 115 Stat. 1558, related to use of funds for State educational agency level activities and local programs. Section 6381c, Pub. L. 89-10, title I, §1234, as added Pub. L. 107-110, §101, Jan. 8, 2002, 115 Stat. 1559, related to use of funds by recipients of funds.Section 6381d, Pub. L. 89-10, title I, §1235, as added Pub. L. 107-110, §101, Jan. 8, 2002, 115 Stat. 1560; amended Pub. L. 113-128, §512, 128 Stat. 1708, set forth elements of each program assisted. Section 6381e, Pub. L. 89-10, title I, §1236, as added Pub. L. 107-110, §101, Jan. 8, 2002, 115 Stat. 1562, related to eligibility for participation in an Even Start program. Section 6381f, Pub. L. 89-10, title I, §1237, as added Pub. L. 107-110, §101, Jan. 8, 2002, 115 Stat. 1563, related to application for subgrant under former subpart 3 of this part. Section 6381g, Pub. L. 89-10, title I, §1238, as added Pub. L. 107-110, §101, Jan. 8, 2002, 115 Stat. 1564, related to award of subgrants.Section 6381h, Pub. L. 89-10, title I, §1239, as added Pub. L. 107-110, §101, Jan. 8, 2002, 115 Stat. 1566, related to evaluation of programs.Section 6381i, Pub. L. 89-10, title I, §1240, as added Pub. L. 107-110, §101, Jan. 8, 2002, 115 Stat. 1566, related to development of indicators of program quality.Section 6381j, Pub. L. 89-10, title I, §1241, as added Pub. L. 107-110, §101, Jan. 8, 2002, 115 Stat. 1566, related to research into components of successful family literacy services. Section 6381k, Pub. L. 89-10, title I, §1242, as added Pub. L. 107-110, §101, Jan. 8, 2002, 115 Stat. 1567, related to construction of provisions.Section 6383, Pub. L. 89-10, title I, §1251, as added Pub. L. 107-110, §101, Jan. 8, 2002, 115 Stat. 1567, related to improvement of literacy through school libraries.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATESection effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114-95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.
- Department
- The term "Department" means the Department of Education.
- Secretary
- The term "Secretary" means the Secretary of Education.
- State educational agency
- The term "State educational agency" means the agency primarily responsible for the State supervision of public elementary schools and secondary schools.
- State
- The term "State" means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.
- family literacy services
- The term "family literacy services" means services provided to participants on a voluntary basis that are of sufficient intensity in terms of hours, and of sufficient duration, to make sustainable changes in a family, and that integrate all of the following activities:(A) Interactive literacy activities between parents and their children.(B) Training for parents regarding how to be the primary teacher for their children and full partners in the education of their children.(C) Parent literacy training that leads to economic self-sufficiency.(D) An age-appropriate education to prepare children for success in school and life experiences.
- professional development
- The term "professional development" means activities that-(A) are an integral part of school and local educational agency strategies for providing educators (including teachers, principals, other school leaders, specialized instructional support personnel, paraprofessionals, and, as applicable, early childhood educators) with the knowledge and skills necessary to enable students to succeed in a well-rounded education and to meet the challenging State academic standards; and(B) are sustained (not stand-alone, 1-day, or short term workshops), intensive, collaborative, job-embedded, data-driven, and classroom-focused, and may include activities that-(i) improve and increase teachers'-(I) knowledge of the academic subjects the teachers teach;(II) understanding of how students learn; and(III) ability to analyze student work and achievement from multiple sources, including how to adjust instructional strategies, assessments, and materials based on such analysis;(ii) are an integral part of broad schoolwide and districtwide educational improvement plans;(iii) allow personalized plans for each educator to address the educator's specific needs identified in observation or other feedback;(iv) improve classroom management skills;(v) support the recruitment, hiring, and training of effective teachers, including teachers who became certified through State and local alternative routes to certification;(vi) advance teacher understanding of-(I) effective instructional strategies that are evidence-based; and(II) strategies for improving student academic achievement or substantially increasing the knowledge and teaching skills of teachers;(vii) are aligned with, and directly related to, academic goals of the school or local educational agency;(viii) are developed with extensive participation of teachers, principals, other school leaders, parents, representatives of Indian tribes (as applicable), and administrators of schools to be served under this chapter;(ix) are designed to give teachers of English learners, and other teachers and instructional staff, the knowledge and skills to provide instruction and appropriate language and academic support services to those children, including the appropriate use of curricula and assessments;(x) to the extent appropriate, provide training for teachers, principals, and other school leaders in the use of technology (including education about the harms of copyright piracy), so that technology and technology applications are effectively used in the classroom to improve teaching and learning in the curricula and academic subjects in which the teachers teach;(xi) as a whole, are regularly evaluated for their impact on increased teacher effectiveness and improved student academic achievement, with the findings of the evaluations used to improve the quality of professional development;(xii) are designed to give teachers of children with disabilities or children with developmental delays, and other teachers and instructional staff, the knowledge and skills to provide instruction and academic support services, to those children, including positive behavioral interventions and supports, multi-tier system of supports, and use of accommodations;(xiii) include instruction in the use of data and assessments to inform and instruct classroom practice;(xiv) include instruction in ways that teachers, principals, other school leaders, specialized instructional support personnel, and school administrators may work more effectively with parents and families;(xv) involve the forming of partnerships with institutions of higher education, including, as applicable, Tribal Colleges and Universities as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)), to establish school-based teacher, principal, and other school leader training programs that provide prospective teachers, novice teachers, principals, and other school leaders with an opportunity to work under the guidance of experienced teachers, principals, other school leaders, and faculty of such institutions;(xvi) create programs to enable paraprofessionals (assisting teachers employed by a local educational agency receiving assistance under part A of subchapter I) to obtain the education necessary for those paraprofessionals to become certified and licensed teachers;(xvii) provide follow-up training to teachers who have participated in activities described in this paragraph that are designed to ensure that the knowledge and skills learned by the teachers are implemented in the classroom; and(xviii) where practicable, provide jointly for school staff and other early childhood education program providers, to address the transition to elementary school, including issues related to school readiness.