S. 227 — what changed

Section 102 (20 U.S.C. 9501) is amended—

changed “(2) Adult education; adult education and literacy activities—The terms adult education and adult education and literacy activities have the meanings given the terms in section 203 of the Adult Education and Family Literacy Act (20 U.S.C. 9202).”Act.”

“(13) English learner—The term English learner means an individual who is limited English proficient, as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) or section 637 of the Head Start Act (42 U.S.C. 9832).”

“(17) Minority-serving institution—The term minority-serving institution means an institution of higher education described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).”

“(19) Principles of scientific research—The term principles of scientific research means principles of research that—

“(A) apply rigorous, systematic, and objective methodology to obtain reliable and valid knowledge relevant to education activities and programs;

“(B) present findings and make claims that are appropriate to, and supported by, the methods that have been employed; and

“(C) include, appropriate to the research being conducted—

“(i) use of systematic, empirical methods that draw on observation or experiment;

“(ii) use of data analyses that are adequate to support the general findings;

“(iii) reliance on measurements or observational methods that provide reliable and generalizable findings;

“(iv) strong claims of causal relationships, only with research designs that eliminate plausible competing explanations for observed results, such as, but not limited to, random-assignment experiments;

“(v) presentation of studies and methods in sufficient detail and clarity to allow for replication or, at a minimum, to offer the opportunity to build systematically on the findings of the research;

“(vi) acceptance by a peer-reviewed journal or critique by a panel of independent experts through a comparably rigorous, objective, and scientific review; and

“(vii) consistency of findings across multiple studies or sites to support the generality of results and conclusions.”

“(21) School leader—The term “school leader” means a principal, assistant principal, or other individual who is—

“(A) an employee or officer of—

“(i) an elementary school or secondary school;

“(ii) a local educational agency serving an elementary school or secondary school; or

“(iii) another entity operating the elementary school or secondary school; and

“(B) responsible for the daily instructional leadership and managerial operations of the elementary school or secondary school.”

Section 114 (20 U.S.C. 9514) is amended—

“(2) Reappointment—A Director may be reappointed under subsection (a) for one additional term.”

“(9) To coordinate with the Secretary to ensure that the results of the Institute’s work are coordinated with, and utilized by, the Department’s technical assistance providers and dissemination networks.”

changed “(h) Peer-Review Peer-review system—The Director shall establish and maintain a peer-review system involving highly qualified individuals, including practitioners, as appropriate, with an in-depth knowledge of the subject to be investigated, including, in the case of special education research, an understanding of special education, for—

“(1) reviewing and evaluating each application for a grant or cooperative agreement under this title that exceeds $100,000; and

“(2) evaluating and assessing all reports and other products that exceed $100,000 to be published and publicly released by the Institute.”

“(j) Relevance, dissemination, and utilization—To ensure all activities authorized under this title are rigorous, relevant, and useful for researchers, policymakers, practitioners, and the public, the Director shall—

“(1) ensure such activities address significant challenges faced by practitioners, and increase knowledge in the field of education;

“(2) ensure that the information, products, and publications of the Institute are—

“(A) prepared and widely disseminated—

“(i) in a timely fashion; and

“(ii) in forms that are understandable, easily accessible, and usable, or adaptable for use in, the improvement of educational practice; and

“(B) widely disseminated through electronic transfer, and other means, such as posting to the Institute’s website or other relevant place;

“(3) promote the utilization of the information, products, and publications of the Institute, including through the use of dissemination networks and technical assistance providers, within the Institute and the Department; and

“(4) monitor and manage the performance of all activities authorized under this title in accordance with section 185.”

Section 115 (20 U.S.C. 9515) is amended—

“(2) improving access to and the quality of early childhood education;

“(3) improving education in elementary schools and secondary schools, particularly among low-performing students and schools; and

“(4) improving access to, opportunities for, and completion of postsecondary education and adult education.”

Section 172 (20 U.S.C. 9562) is amended—

changed “(2) widely disseminate, consistent with section 114(j), all information on scientifically valid research and statistics supported by the Institute and all scientifically valid education evaluations supported by the Institute, particularly to State educational agencies and local educational agencies, to institutions of higher education, and to the public, the media, voluntary organizations, professional associations, and other constituencies, especially with respect to the priorities described in section 115;”

“(c) Plan—The Evaluation and Regional Assistance Commissioner shall propose to the Director and, subject to the approval of the Director, implement a plan for the activities of the National Center for Education Evaluation and Regional Assistance that—

“(1) is consistent with the priorities and mission of the Institute and the mission of the Center described in section 171(b);

“(2) is carried out and, as appropriate, updated and modified, including through the use of the results of the Center’s most recent evaluation report under section 116(d); and

“(3) describes how the Center will use the performance management system described in section 185 to assess and improve the activities of the Center.

“(d) Grants, contracts, and cooperative agreements

“(1) In general—In carrying out the duties under this part, the Evaluation and Regional Assistance Commissioner may—

“(A) award grants, contracts, or cooperative agreements to eligible applicants to carry out the activities under this part; and

“(B) provide technical assistance.

“(2) Eligibility—For purposes of this section, the term “eligible applicant” means an applicant that has the ability and capacity to carry out activities under this part.

“(3) Entities to conduct evaluations—In awarding grants, contracts, or cooperative agreements under paragraph (1) to carry out activities under section 173, the Evaluation and Regional Assistance Commissioner shall make such awards to eligible applicants with the ability and capacity to conduct scientifically valid education evaluations.

“(4) Applications

“(A) In general—An eligible applicant that wishes to receive a grant, contract, or cooperative agreement under paragraph (1) shall submit an application to the Evaluation and Regional Assistance Commissioner at such time, in such manner, and containing such information as the Commissioner may require.

“(B) Contents—An application submitted under subparagraph (A) shall describe how the eligible applicant will address and demonstrate progress on the requirements of the performance management system described in section 185, with respect to the activities carried out under such grant, contract, or cooperative agreement.

“(5) Duration—Notwithstanding any other provision of law, the grants, contracts, and cooperative agreements under paragraph (1) may be awarded, on a competitive basis, for a period of not more than 5 years, and may be renewed at the discretion of the Evaluation and Regional Assistance Commissioner for an additional period of not more than 2 years if the recipient demonstrates progress on the requirements of the performance management system described in section 185, with respect to the activities carried out under the grant, contract, or cooperative agreement.”

“(1) In general—The Evaluation and Regional Assistance Commissioner”

“(2) Definition—For purposes of this section, the term eligible applicant means an entity described in paragraph (1).”

“(d) Applications

“(1) Submission

changed “(A) In general—Each eligible applicant desiring a contract grant, contract, or cooperative agreement under this section shall submit an application at such time, in such manner, and containing such information as the Evaluation and Regional Assistance Commissioner may reasonably require.

“(B) Input—To ensure that applications submitted under this paragraph are reflective of the needs of the regions to be served, each eligible applicant submitting such an application shall seek input from State educational agencies and local educational agencies in the region that the award will serve, and other individuals with knowledge of the region’s needs.

“(2) Plan

“(A) In general—Each application submitted under paragraph (1) shall contain a plan for the activities of the regional educational laboratory to be established under this section, which shall be updated, modified, and improved, as appropriate, on an ongoing basis, including by using the results of the laboratory’s interim evaluation under subsection (i)(3).

“(B) Contents—A plan described in subparagraph (A) shall address—

“(i) the priorities for applied research, development, evaluations, and wide dissemination established under section 207;

“(ii) the needs of State educational agencies and local educational agencies, on an ongoing basis, using available State and local data; and

“(iii) if available, demonstrated support from State educational agencies and local educational agencies in the region, such as letters of support or signed memoranda of understanding.

“(3) Non-Federal support—In conducting a competition for grants, contracts, or cooperative agreements under subsection (a), the Evaluation and Regional Assistance Commissioner shall give priority to eligible applicants that will provide a portion of non-Federal funds to maximize support for activities of the regional educational laboratories to be established under this section.

“(e) Awarding grants, contracts, or cooperative agreements

“(1) Assurances—In awarding grants, contracts, or cooperative agreements under this section, the Evaluation and Regional Assistance Commissioner shall—

“(A) make such an award for not more than a 5-year period;

“(B) ensure that regional educational laboratories established under this section have strong and effective governance, organization, management, and administration, and employ qualified staff; and

“(C) ensure that each such laboratory has the flexibility to respond in a timely fashion to the needs of the laboratory’s region, including—

“(i) through using the results of the laboratory’s interim evaluation under subsection (i)(3) to improve and modify the activities of the laboratory before the end of the award period; and

“(ii) through sharing preliminary results of the laboratory’s research, as appropriate, to increase the relevance and usefulness of the research.

“(2) Coordination—To ensure coordination and prevent unnecessary duplication of activities among the regions, the Evaluation and Regional Assistance Commissioner shall—

“(A) share information about the activities of each regional educational laboratory with each other regional educational laboratory, the Department, the Director, and the National Board for Education Sciences;

“(B) ensure, where appropriate, that the activities of each regional educational laboratory established under this section also serve national interests;

“(C) ensure each such regional educational laboratory establishes strong partnerships among practitioners, policymakers, researchers, and others, so that such partnerships are continued in the absence of Federal support; and

“(D) enable, where appropriate, for such a laboratory to work in a region being served by another laboratory or to carry out a project that extends beyond the region served by the laboratory.

changed “(3) Collaboration with technical assistance providers—Each regional educational laboratory established under this section shall, on an ongoing basis, coordinate its activities, collaborate, and regularly exchange information with the comprehensive centers (established in section 203) in the region in which the center laboratory is located, and with comprehensive centers located outside of its region, as appropriate.

“(4) Outreach—In conducting competitions for grants, contracts, or cooperative agreements under this section, the Evaluation and Regional Assistance Commissioner shall—

“(A) by making information and technical assistance relating to the competition widely available, actively encourage eligible applicants to compete for such an award; and

“(B) seek input from the chief executive officers of States, chief State school officers, educators, parents, superintendents, and other individuals with knowledge of the needs of the regions to be served by the awards, regarding—

“(i) the needs in the regions for applied research, evaluation, development, and wide-dissemination activities authorized by this title; and

“(ii) how such needs may be addressed most effectively.

“(5) Performance management—Before the Evaluation and Regional Assistance Commissioner awards a grant, contract, or cooperative agreement under this section, the Director shall establish measurable performance indicators for assessing the ongoing progress and performance of the regional educational laboratories established with such awards that address the requirements of the performance management system described in section 185.

“(6) Standards—The Evaluation and Regional Assistance Commissioner shall adhere to the Institute’s system for technical and peer review under section 114(h) in reviewing the applied research activities and research-based reports of the regional educational laboratories.

“(7) Required consideration—In determining whether to award a grant, contract, or cooperative agreement under this section—

“(A) to an eligible applicant that previously established a regional educational laboratory under this section, the Evaluation and Regional Assistance Commissioner shall—

“(i) consider the results of such laboratory’s summative evaluation under subsection (i)(2), or, if not available, any interim evaluation findings under subsection (i)(3); and

“(ii) ensure that only such laboratories determined effective in their relevant interim or summative evaluations, as described in subsection (i), are eligible to receive a new grant, contract, or cooperative agreement; and

“(B) to any eligible applicant, the Evaluation and Regional Assistance Commissioner shall ensure that such applicant has—

“(i) a history of effectiveness in conducting high-quality applied research; and

“(ii) the capacity to meet the measurable performance indicators established under paragraph (5).

“(8) Flexibility in laboratory number

“(A) Determination—The Evaluation and Regional Assistance Commissioner, in consultation with the regional educational laboratory advisory boards described in subsection (h), may determine that establishing 10 regional educational laboratories is unnecessary, as required in subsection (a), and grant an alternative number of awards or reorganize such laboratories, which may include not basing the awards on the regions described in subsection (b), if—

“(i) an insufficient number of regional educational laboratories are meeting the needs of the regions described in subsection (b), as determined by the Commissioner;

“(ii) an insufficient number of laboratories are meeting the measurable performance indicators established under paragraph (5), as determined by the Commissioner and the most recent interim or summative evaluation under subsection (i); or

“(iii) an insufficient number of eligible applicants have the capacity to meet the measurable performance indicators established under paragraph (5), as determined by the Commissioner.

“(B) Limitation—If the Evaluation and Regional Assistance Commissioner uses the determination authority described in subparagraph (A), there shall be no more than 10 regional educational laboratories established.

“(f) Mission—Each regional educational laboratory established under this section shall—

“(1) conduct applied research, development, data analysis, and evaluation activities with State educational agencies, local educational agencies, and, as appropriate, schools funded by the Bureau;

“(2) widely disseminate such work, consistent with section 114(j); and

“(3) develop the capacity of State educational agencies, local educational agencies, and, as appropriate, schools funded by the Bureau to carry out the activities described in paragraphs (1) and (2).

“(g) Activities—To carry out the mission described in subsection (f), each regional educational laboratory established under this section shall carry out the following activities:

“(1) Conduct, widely disseminate, and promote utilization of applied research, development activities, evaluations, data analysis, and other scientifically valid research.

“(2) Develop and improve the plan for the laboratory under subsection (d)(2) for serving the region of the laboratory, and as appropriate, national needs, on an ongoing basis, which shall include seeking input and incorporating feedback from the representatives of State educational agencies and local educational agencies in the region, and other individuals with knowledge of the region’s needs.

“(3) Ensure research and related products are relevant and responsive to the needs of the region.

“(h) Regional educational laboratory advisory board

“(1) Establishment—Each regional educational laboratory established under this section may establish an advisory board that shall support the priorities of such laboratory.

“(2) Duties—Each advisory board established under paragraph (1) shall advise the regional educational laboratory—

“(A) concerning the activities described in subsection (g);

“(B) on strategies for monitoring and addressing the educational needs of the region, on an ongoing basis, and as appropriate, national needs;

“(C) on maintaining a high standard of quality in the performance of the laboratory’s activities, especially in meeting the measurable performance indicators established under subsection (e)(5);

“(D) on carrying out the laboratory’s duties in a manner that promotes progress toward improving student academic achievement;

“(E) on the activities undertaken by the comprehensive center in the region, other centers, as appropriate, and other laboratories to align the work of such entities, reduce redundancy, and increase collaboration and resource-sharing in such activities; and

“(F) on joint activities with other comprehensive centers or laboratories that would meet the needs of multiple regions.

“(3) Composition

“(A) In general—Each advisory board shall—

“(i) not exceed 25 members;

“(ii) include the chief State school officer, or such officer’s designee, or other State official, of States within the region of the laboratory who have primary responsibility under State law for elementary and secondary education in the State;

“(iii) include representatives of local educational agencies, including rural and urban local educational agencies, that represent the geographic diversity of the region;

“(iv) include researchers; and

“(v) include not less than 1 representative from an advisory board of a comprehensive center serving the region, if applicable.

“(B) Eligibility—The membership of each regional educational laboratory advisory board may include the following:

“(i) Representatives of institutions of higher education.

“(ii) Parents.

“(iii) Practicing educators, including classroom teachers, school leaders, administrators, school board members, and other local school officials.

“(iv) Representatives of business.

“(v) Policymakers.

“(4) Recommendations—In choosing individuals for membership on a regional educational laboratory advisory board, the regional educational laboratory shall consult with, and solicit recommendations from, the Evaluation and Regional Assistance Commissioner, the chief executive officers of States, chief State school officers, local educational agencies, and other education stakeholders within the applicable region.

“(5) Special rule—The total number of members on each regional educational laboratory advisory board who are selected under clauses (ii) and (iii) of paragraph (3)(A), in the aggregate, shall exceed the total number of members who are selected under paragraph (3)(B), collectively.

“(i) Evaluations

“(1) In general—The Evaluation and Regional Assistance Commissioner shall—

“(A) provide for ongoing summative and interim evaluations described in paragraphs (2) and (3), respectively, of each of the regional educational laboratories established under this section in carrying out the full range of duties described in this section; and

“(B) transmit the results of such evaluations, through appropriate means, to the appropriate congressional committees, the Director, and the public.

“(2) Summative evaluations—The Evaluation and Regional Assistance Commissioner shall ensure each regional educational laboratory established under this section is evaluated by an independent entity at the end of the period of the grant, contract, or cooperative agreement that established such laboratory, and such evaluation shall—

“(A) be completed in a timely fashion;

“(B) assess how well the laboratory is meeting the measurable performance indicators established under subsection (e)(5); and

“(C) consider the extent to which the laboratory ensures that the activities of such laboratory are relevant and useful to the work of State and local practitioners and policymakers.

“(3) Interim evaluations—The Evaluation and Regional Assistance Commissioner shall ensure each regional educational laboratory established under this section is evaluated at the midpoint of the period of the grant, contract, or cooperative agreement that established such laboratory, and such evaluation shall—

“(A) assess how well such laboratory is meeting the performance indicators described in subsection (e)(5); and

“(B) be used to improve the effectiveness of such laboratory in carrying out its plan under subsection (d)(2).

“(j) Continuation of awards; Recompetition

“(1) Continuation of awards—The Evaluation and Regional Assistance Commissioner shall continue awards made to each eligible applicant for the support of regional educational laboratories established under this section prior to the date of enactment of the Strengthening Education through Research Act, as such awards were in effect on the day before the date of enactment of such Act, for the duration of those awards, in accordance with the terms and agreements of such awards.

“(2) Recompetition—Not later than the end of the period of the awards described in paragraph (1), the Evaluation and Regional Assistance Commissioner shall—

“(A) hold a competition to make grants, contracts, or cooperative agreements under this section to eligible applicants, which may include eligible applicants that held awards described in paragraph (1); and

“(B) in determining whether to select an eligible applicant that held an award described in paragraph (1) for an award under subparagraph (A) of this paragraph, consider the results of the summative evaluation under subsection (i)(2) of the laboratory established with the eligible applicant’s award described in paragraph (1).”

“(m) Annual report—Each regional educational laboratory established under this section shall submit to the Evaluation and Regional Assistance Commissioner an annual report containing such information as the Commissioner may require, but which shall include, at a minimum, the following:

“(1) A summary of the laboratory’s activities and products developed during the previous year.

“(2) A listing of the State educational agencies, local educational agencies, and schools the laboratory assisted during the previous year.

“(3) Using the measurable performance indicators established under subsection (e)(5), a description of how well the laboratory is meeting educational needs of the region served by the laboratory.

“(4) Any changes to the laboratory’s plan under subsection (d)(2) to improve its activities in the remaining years of the grant, contract, or cooperative agreement.”

“(o) Appropriations reservation—Of the amounts appropriated under section 194(a), the Evaluation and Regional Assistance Commissioner shall reserve 16.13 percent of such funds to carry out this section, of which the Commissioner shall use not less than 25 percent to serve rural areas (including schools funded by the Bureau which are located in rural areas).”

Section 208 (20 U.S.C. 9607) is amended—

“(c) Performance management—Before awarding a grant under this section, the Secretary shall establish measurable performance indicators—

“(1) to be used to assess the ongoing progress and performance of State educational agencies receiving a grant under this section; and

“(2) that address paragraphs (1) through (3) of the performance management system described in section 185.”

“(C) to align statewide, longitudinal data systems from early education through postsecondary education (including pre-service preparation programs), and the workforce, consistent with privacy protections under section 183;”

“(3) ensures the protection of student privacy, and includes a review of how State educational agencies, local educational agencies, and others that will have access to the statewide, longitudinal data systems under this section will adhere to Federal privacy laws and protections, consistent with section 183, in the building, maintenance, and use of such data systems;

“(4) ensures State educational agencies receiving a grant under this section support professional development that builds the capacity of teachers and school leaders to use data effectively; and

“(5) gives priority to State educational agencies that leverage the use of statewide, longitudinal data systems to improve student achievement and growth, including such State educational agencies that—

changed “(A) meet are carrying out the voluntary standards and guidelines activities described in section 153(a)(5);

“(B) define the roles of State educational agencies, local educational agencies, and others in providing timely access to data under the statewide, longitudinal data systems, consistent with privacy protections in section 183; and

“(C) demonstrate the capacity to share teacher and school leader performance data, including student achievement and growth data, with local educational agencies and teacher and school leader preparation programs.”

“(f) Renewal of awards—The Secretary may renew a grant awarded to a State educational agency under this section for a period not to exceed 3 years, if the State educational agency has demonstrated progress on the measurable performance indicators established under subsection (c).”

“(g) Reports

“(1) First report—Not later than 1 year after the date of enactment of the Strengthening Education through Research Act, the Secretary shall prepare and make publicly available a report on the implementation and effectiveness of the activities carried out by State educational agencies receiving a grant under this section, including—

“(A) information on progress in the development and use of statewide, longitudinal data systems described in this section;

“(B) information on best practices and areas for improvement in such development and use; and

“(C) how the State educational agencies are adhering to Federal privacy laws and protections in the building, maintenance, and use of such data systems.

“(2) Succeeding reports—Every succeeding 3 years after the report is made publicly available under paragraph (1), the Secretary shall prepare and make publicly available a report on the implementation and effectiveness of the activities carried out by State educational agencies receiving a grant under this section, including—

“(A) information on the requirements of subparagraphs (A) through (C) of paragraph (1); and

“(B) the progress, in the aggregate, State educational agencies are making on the measurable performance indicators established under subsection (c).”