---
kind: "section"
citation: "20 U.S.C. § 6362"
title: "20"
title_heading: "Education"
number: "6362"
heading: "State option to conduct assessment system audit"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/6362"
units:
  - "Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools"
  - "Subchapter I — Improving the Academic Achievement of the Disadvantaged"
  - "Part B — State Assessment Grants"
---

# §6362. State option to conduct assessment system audit

- (a) **In general—** From the amount reserved under [section 6363(a)(3) of this title](/usc/20/6363.md?p=a-3) for a fiscal year, the [Secretary](/usc/20/7801.md?p=46) shall make grants to [States](/usc/20/7171.md?p=b-6) to enable the [States](/usc/20/7171.md?p=b-6) to—
  - (1) in the case of a grant awarded under this section to a [State](/usc/20/7171.md?p=b-6) for the first time—
    - (A) audit [State](/usc/20/7171.md?p=b-6) assessment systems and ensure that [local educational agencies](/usc/20/7801.md?p=30-A) audit local assessments under [subsection (e)(1)](#e-1);
    - (B) execute the [State](/usc/20/7171.md?p=b-6) plan under [subsection (e)(3)(D)](#e-3-D); and
    - (C) award subgrants under [subsection (f)](#f); and
  - (2) in the case of a grant awarded under this section to a [State](/usc/20/7171.md?p=b-6) that has previously received a grant under this section—
    - (A) execute the [State](/usc/20/7171.md?p=b-6) plan under [subsection (e)(3)(D)](#e-3-D); and
    - (B) award subgrants under [subsection (f)](#f).
- (b) **Minimum amount—** Each [State](/usc/20/7171.md?p=b-6) that receives a grant under this section shall receive an annual grant amount of not less than $1,500,000.
- (c) **Reallocation—** If a [State](/usc/20/7171.md?p=b-6) chooses not to apply for a grant under this section, the [Secretary](/usc/20/7801.md?p=46) shall reallocate such grant amount to other [States](/usc/20/7171.md?p=b-6) in accordance with the formula described in [section 6363(a)(4)(B) of this title](/usc/20/6363.md?p=a-4-B).
- (d) **Application—** A [State](/usc/20/7171.md?p=b-6) desiring to receive a grant under this section shall submit an application to the [Secretary](/usc/20/7801.md?p=46) at such time and in such manner as the [Secretary](/usc/20/7801.md?p=46) shall require. The application shall include a description of—
  - (1) in the case of a [State](/usc/20/7171.md?p=b-6) that is receiving a grant under this section for the first time—
    - (A) the audit the [State](/usc/20/7171.md?p=b-6) will carry out under [subsection (e)(1)](#e-1); and
    - (B) the stakeholder feedback the [State](/usc/20/7171.md?p=b-6) will seek in designing such audit;
  - (2) in the case of a [State](/usc/20/7171.md?p=b-6) that is not receiving a grant under this section for the first time, the plan described in [subsection (e)(3)(D)](#e-3-D); and
  - (3) how the [State](/usc/20/7171.md?p=b-6) will award subgrants to [local educational agencies](/usc/20/7801.md?p=30-A) under [subsection (f)](#f).
- (e) **Audits of State assessment systems and local assessments—**
  - (1) **Audit requirements—** Not later than 1 year after the date a [State](/usc/20/7171.md?p=b-6) receives an initial grant under this section, the [State](/usc/20/7171.md?p=b-6) shall—
    - (A) conduct a [State](/usc/20/7171.md?p=b-6) assessment system audit as described in [paragraph (3)](#e-3);
    - (B) ensure that each [local educational agency](/usc/20/7801.md?p=30-A) receiving funds under this section—
      - (i) conducts an audit of local assessments administered by the [local educational agency](/usc/20/7801.md?p=30-A) as described in [paragraph (4)](#e-4); and
      - (ii) submits the results of such audit to the [State](/usc/20/7171.md?p=b-6); and
    - (C) report the results of each [State](/usc/20/7171.md?p=b-6) and [local educational agency](/usc/20/7801.md?p=30-A) audit conducted under subparagraphs [(A)](#e-1-A) and [(B)](#e-1-B), in a format that is widely accessible and publicly available.
  - (2) **Resources for local educational agencies—** In carrying out [paragraph (1)(B)](#e-1-B), each [State](/usc/20/7171.md?p=b-6) shall provide [local educational agencies](/usc/20/7801.md?p=30-A) with resources, such as guidelines and protocols, to assist in conducting and reporting audit results.
  - (3) **State assessment system description—** Each [State](/usc/20/7171.md?p=b-6) assessment system audit conducted under [paragraph (1)(A)](#e-1-A) shall include—
    - (A) the schedule for the administration of all [State](/usc/20/7171.md?p=b-6) assessments;
    - (B) for each [State](/usc/20/7171.md?p=b-6) assessment—
      - (i) the purpose for which the assessment was designed and the purpose for which the assessment is used; and
      - (ii) the legal authority for the administration of the assessment;
    - (C) feedback on such system from stakeholders, which shall include information such as—
      - (i) how teachers, principals, other [school leaders](/usc/20/7801.md?p=44), and administrators use assessment data to improve and differentiate instruction;
      - (ii) the timing of release of assessment data;
      - (iii) the extent to which assessment data is presented in an accessible and understandable format for all stakeholders;
      - (iv) the opportunities, resources, and training teachers, principals, other [school leaders](/usc/20/7801.md?p=44), and administrators are given to review assessment results and make effective use of assessment data;
      - (v) the distribution of technological resources and personnel necessary to administer assessments;
      - (vi) the amount of time teachers spend on assessment preparation and administration;
      - (vii) the assessments that administrators, teachers, principals, other [school leaders](/usc/20/7801.md?p=44), [parents](/usc/20/7801.md?p=38), and students, if appropriate, do and do not find useful; and
      - (viii) other information as appropriate; and
    - (D) a plan, based on the information gathered as a result of the activities described in subparagraphs [(A)](#e-3-A), [(B)](#e-3-B), and [(C)](#e-3-C), to improve and streamline the [State](/usc/20/7171.md?p=b-6) assessment system, including activities such as—
      - (i) eliminating any unnecessary assessments, which may include paying the cost associated with terminating procurement contracts;
      - (ii) supporting the dissemination of best practices from [local educational agencies](/usc/20/7801.md?p=30-A) or other [States](/usc/20/7171.md?p=b-6) that have successfully improved assessment quality and efficiency to improve teaching and learning; and
      - (iii) supporting [local educational agencies](/usc/20/7801.md?p=30-A) or consortia of [local educational agencies](/usc/20/7801.md?p=30-A) to carry out efforts to streamline local assessment systems and implement a regular process of review and evaluation of assessment use in [local educational agencies](/usc/20/7801.md?p=30-A).
  - (4) **Local assessment description—** An audit of local assessments conducted in accordance with [paragraph (1)(B)(i)](#e-1-B-i) shall include the same information described in [paragraph (3)](#e-3) that is required of a [State](/usc/20/7171.md?p=b-6) audit, except that such information shall be included as applicable to the [local educational agency](/usc/20/7801.md?p=30-A) and the local assessments.
- (f) **Subgrants to local educational agencies—**
  - (1) **In general—** Each [State](/usc/20/7171.md?p=b-6) shall reserve not less than 20 percent of the grant funds awarded to the [State](/usc/20/7171.md?p=b-6) under this section to make subgrants to [local educational agencies](/usc/20/7801.md?p=30-A) in the [State](/usc/20/7171.md?p=b-6) or consortia of such [local educational agencies](/usc/20/7801.md?p=30-A), based on demonstrated need in the agency’s or consortium’s application, to enable such agencies or consortia to improve assessment quality and use, and alignment, including, if applicable, alignment to the challenging [State](/usc/20/7171.md?p=b-6) academic standards.
  - (2) **Local educational agency application—** Each [local educational agency](/usc/20/7801.md?p=30-A), or consortium of [local educational agencies](/usc/20/7801.md?p=30-A), seeking a subgrant under this subsection shall submit an application to the [State](/usc/20/7171.md?p=b-6) at such time, in such manner, and containing such other information as determined necessary by the [State](/usc/20/7171.md?p=b-6). The application shall include a description of the agency’s or consortium’s needs relating to the improvement of assessment quality, use, and alignment.
  - (3) **Use of funds—** A subgrant awarded under this subsection to a [local educational agency](/usc/20/7801.md?p=30-A) or consortium of such agencies may be used to—
    - (A) conduct an audit of local assessments under [subsection (e)(1)(B)(i)](#e-1-B-i);
    - (B) carry out the plan described in [subsection (e)(3)(D)](#e-3-D) as it pertains to such agency or consortium;
    - (C) improve assessment delivery systems and schedules, including by increasing access to [technology](/usc/20/7801.md?p=50) and assessment proctors, where appropriate;
    - (D) hire instructional coaches, or promote teachers who may receive increased compensation to serve as instructional coaches, to support teachers in the development of classroom-based assessments, interpreting assessment data, and designing instruction;
    - (E) provide for appropriate accommodations to maximize inclusion of children with disabilities and [English learners](/usc/20/7801.md?p=20) participating in assessments; and
    - (F) improve the capacity of teachers, principals, and other [school leaders](/usc/20/7801.md?p=44) to disseminate assessment data in an accessible and understandable format for [parents](/usc/20/7801.md?p=38) and families, including for children with disabilities and [English learners](/usc/20/7801.md?p=20).
- (g) **Definitions—** In this section:
  - (1) **Local assessment—** The term “local assessment” means an academic assessment selected and carried out by a [local educational agency](/usc/20/7801.md?p=30-A) that is separate from an assessment required under [section 6311(b)(2) of this title](/usc/20/6311.md?p=b-2).
  - (2) **State—** The term “[State](/usc/20/7171.md?p=b-6)” means each of the 50 [States](/usc/20/7171.md?p=b-6), the District of Columbia, and the Commonwealth of Puerto Rico.

## Source credit

(Pub. L. 89–10, title I, § 1202, as added Pub. L. 114–95, title I, § 1201, Dec. 10, 2015, 129 Stat. 1881.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 6362, Pub. L. 89–10, title I, § 1202, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1535; amended Pub. L. 108–7, div. G, title III, § 305, Feb. 20, 2003, 117 Stat. 333, authorized formula grants to State educational agencies, prior to the general amendment of this part by Pub. L. 114–95.

Another prior section 6362, Pub. L. 89–10, title I, § 1202, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3578; amended Pub. L. 105–220, title II, § 251(b)(2)(A), Aug. 7, 1998, 112 Stat. 1079; Pub. L. 105–277, div. A, § 101(f) [title VIII, §§ 201, 202], Oct. 21, 1998, 112 Stat. 2681–337, 2681–407, 2681–408; Pub. L. 106–554, § 1(a)(4) [div. B, title XVI, §§ 1604(c)–(e), 1606(b)(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A–329, 2763A–330, 2763A–334, authorized Even Start program, prior to the general amendment of this subchapter by Pub. L. 107–110.

A prior section 1202 of Pub. L. 89–10 was classified to section 2782 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section 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.