---
kind: "section"
citation: "20 U.S.C. § 6364"
title: "20"
title_heading: "Education"
number: "6364"
heading: "Innovative assessment and accountability demonstration authority"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/6364"
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"
---

# §6364. Innovative assessment and accountability demonstration authority

- (a) **Innovative assessment system defined—** The term “innovative assessment system” means a system of assessments that may include—
  - (1) competency-based assessments, instructionally embedded assessments, interim assessments, cumulative year-end assessments, or performance-based assessments that combine into an annual summative determination for a student, which may be administered through computer adaptive assessments; and
  - (2) assessments that validate when students are ready to demonstrate mastery or proficiency and allow for differentiated student support based on individual learning needs.
- (b) **Demonstration authority—**
  - (1) **In general—** The [Secretary](/usc/20/7801.md?p=46) may provide a [State educational agency](/usc/20/7801.md?p=49), or a consortium of [State educational agencies](/usc/20/7801.md?p=49), in accordance with [paragraph (3)](#b-3), with the authority to establish an innovative assessment system (referred to in this section as “demonstration authority”).
  - (2) **Demonstration period—** In accordance with the requirements described in [subsection (e)](#e), each [State educational agency](/usc/20/7801.md?p=49), or consortium of [State educational agencies](/usc/20/7801.md?p=49), that submits an application under this section shall propose in its application the period of time over which the [State educational agency](/usc/20/7801.md?p=49) or consortium desires to exercise the demonstration authority, except that such period shall not exceed 5 years.
  - (3) **Initial demonstration authority and expansion—** During the first 3 years that the [Secretary](/usc/20/7801.md?p=46) provides [State educational agencies](/usc/20/7801.md?p=49) and consortia with demonstration authority (referred to in this section as the “initial demonstration period”) the [Secretary](/usc/20/7801.md?p=46) shall provide such demonstration authority to—
    - (A) a total number of not more than 7 participating [State educational agencies](/usc/20/7801.md?p=49), including those participating in consortia, that have applications approved under [subsection (e)](#e); and
    - (B) consortia that include not more than 4 [State educational agencies](/usc/20/7801.md?p=49).
- (c) **Progress report—**
  - (1) **In general—** Not later than 180 days after the end of the initial demonstration period, and prior to providing additional [State educational agencies](/usc/20/7801.md?p=49) with demonstration authority, the Director of the Institute of Education Sciences, in consultation with the [Secretary](/usc/20/7801.md?p=46), shall publish a report detailing the initial progress of innovative assessment systems carried out through demonstration authority under this section.
  - (2) **Criteria—** The progress report under [paragraph (1)](#c-1) shall be based on the annual information submitted by participating [States](/usc/20/7171.md?p=b-6) described in [subsection (e)(2)(B)(ix)](#e-2-B-ix) and examine the extent to which—
    - (A) with respect to each innovative assessment system—
      - (i) the [State educational agency](/usc/20/7801.md?p=49) has solicited feedback from teachers, principals, other [school leaders](/usc/20/7801.md?p=44), and [parents](/usc/20/7801.md?p=38) about their satisfaction with the innovative assessment system;
      - (ii) teachers, principals, and other [school leaders](/usc/20/7801.md?p=44) have demonstrated a commitment and capacity to implement or continue to implement the innovative assessment system; and
      - (iii) substantial evidence exists demonstrating that the innovative assessment system has been developed in accordance with the requirements of [subsection (e)](#e); and
    - (B) each [State](/usc/20/7171.md?p=b-6) with demonstration authority has demonstrated that—
      - (i) the same innovative assessment system was used to measure the achievement of all students that participated in the innovative assessment system; and
      - (ii) of the total number of all students, and the total number of each of the subgroups of students defined in [section 6311(c)(2) of this title](/usc/20/6311.md?p=c-2), eligible to participate in the innovative assessment system in a given year, the [State](/usc/20/7171.md?p=b-6) assessed in that year an equal or greater percentage of such eligible students, as measured under [section 6311(c)(4)(E) of this title](/usc/20/6311.md?p=c-4-E), as were assessed in the [State](/usc/20/7171.md?p=b-6) in such year using the assessment system under [section 6311(b)(2) of this title](/usc/20/6311.md?p=b-2).
  - (3) **Use of report—** Upon completion of the progress report, the [Secretary](/usc/20/7801.md?p=46) shall provide a response to the findings of the progress report, including a description of how the findings of the report will be used—
    - (A) to support [State educational agencies](/usc/20/7801.md?p=49) with demonstration authority through technical assistance; and
    - (B) to inform the peer-review process described in [subsection (f)](#f) for advising the [Secretary](/usc/20/7801.md?p=46) on the awarding of the demonstration authority to the additional [State educational agencies](/usc/20/7801.md?p=49) described in [subsection (d)](#d).
  - (4) **Publicly available—** The [Secretary](/usc/20/7801.md?p=46) shall make the progress report under this subsection and the response described in [paragraph (3)](#c-3) publicly available on the website of the [Department](/usc/20/7801.md?p=13).
  - (5) **Prohibition—** The [Secretary](/usc/20/7801.md?p=46) shall not require [States](/usc/20/7171.md?p=b-6) that have demonstration authority to submit any information for the purposes of the progress report that is in addition to the information the [State](/usc/20/7171.md?p=b-6) is already required to provide under [subsection (e)(2)(B)(x)](#e-2-B-x).
- (d) **Expansion of the demonstration authority—** Upon completion and publication of the report described in [subsection (c)](#c), the [Secretary](/usc/20/7801.md?p=46) may grant demonstration authority to additional [State educational agencies](/usc/20/7801.md?p=49) or consortia that submit an application under [subsection (e)](#e). Such [State educational agencies](/usc/20/7801.md?p=49) or consortia of [State educational agencies](/usc/20/7801.md?p=49) shall be subject to all of the same terms, conditions, and requirements of this section.
- (e) **Application—**
  - (1) **In general—** A [State educational agency](/usc/20/7801.md?p=49), or consortium of [State educational agencies](/usc/20/7801.md?p=49), that desires to participate in the program of demonstration authority 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) may reasonably require.
  - (2) **Contents—** 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](/usc/20/7171.md?p=b-6) or consortium proposes to exercise the demonstration authority. In addition, the application shall include each of the following:
    - (A) A demonstration that the innovative assessment system will—
      - (i) meet all the requirements of [section 6311(b)(2)(B) of this title](/usc/20/6311.md?p=b-2-B), except the requirements of clauses [(i)](/usc/20/6311.md?p=b-2-B-i) and [(v)](/usc/20/6311.md?p=b-2-B-v) of such section;
      - (ii) be aligned to the challenging [State](/usc/20/7171.md?p=b-6) academic standards and address the depth and breadth of such standards;
      - (iii) express student results or student competencies in terms consistent with the [State](/usc/20/7171.md?p=b-6)’s aligned academic achievement standards under [section 6311(b)(1) of this title](/usc/20/6311.md?p=b-1);
      - (iv) generate results that are valid and reliable, and comparable, for all students and for each subgroup of students described in [section 6311(b)(2)(B)(xi) of this title](/usc/20/6311.md?p=b-2-B-xi), as compared to the results for such students on the [State](/usc/20/7171.md?p=b-6) assessments under [section 6311(b)(2) of this title](/usc/20/6311.md?p=b-2);
      - (v) be developed in collaboration with—
        - (I) stakeholders representing the interests of children with disabilities, [English learners](/usc/20/7801.md?p=20), and other vulnerable children;
        - (II) teachers, principals, and other [school leaders](/usc/20/7801.md?p=44);
        - (III) [local educational agencies](/usc/20/7801.md?p=30-A);
        - (IV) [parents](/usc/20/7801.md?p=38); and
        - (V) civil rights organizations in the [State](/usc/20/7171.md?p=b-6);
      - (vi) be accessible to all students, such as by incorporating the principles of [universal design for learning](/usc/20/7801.md?p=51);
      - (vii) provide teachers, principals, other [school leaders](/usc/20/7801.md?p=44), students, and [parents](/usc/20/7801.md?p=38) with timely data, disaggregated by each subgroup of students described in [section 6311(b)(2)(B)(xi) of this title](/usc/20/6311.md?p=b-2-B-xi), to inform and improve instructional practice and student supports;
      - (viii) identify which students are not making progress toward the challenging [State](/usc/20/7171.md?p=b-6) academic standards so that teachers can provide instructional support and targeted interventions to all students;
      - (ix) annually measure the progress of not less than the same percentage of all students and students in each of the subgroups of students, as defined in [section 6311(c)(2) of this title](/usc/20/6311.md?p=c-2), who are enrolled in schools that are participating in the innovative assessment system and are required to take such assessments, as measured under [section 6311(c)(4)(E) of this title](/usc/20/6311.md?p=c-4-E), as were assessed by schools administering the assessment under [section 6311(b)(2) of this title](/usc/20/6311.md?p=b-2);
      - (x) generate an annual, summative achievement determination, based on the aligned [State](/usc/20/7171.md?p=b-6) academic achievement standards under [section 6311(b)(1) of this title](/usc/20/6311.md?p=b-1) and based on annual data, for each individual student; and
      - (xi) allow the [State educational agency](/usc/20/7801.md?p=49) to validly and reliably aggregate data from the innovative assessment system for purposes of—
        - (I) accountability, consistent with the requirements of [section 6311(c) of this title](/usc/20/6311.md?p=c); and
        - (II) reporting, consistent with the requirements of [section 6311(h) of this title](/usc/20/6311.md?p=h).
    - (B) A description of how the [State educational agency](/usc/20/7801.md?p=49) will—
      - (i) continue use of the statewide academic assessments required under [section 6311(b)(2) of this title](/usc/20/6311.md?p=b-2) if such assessments will be used for accountability purposes for the duration of the demonstration authority period;
      - (ii) identify the distinct purposes for each assessment that is part of the innovative assessment system;
      - (iii) provide support and training to [local educational agency](/usc/20/7801.md?p=30-A) and school staff to implement the innovative assessment system described in this subsection;
      - (iv) inform [parents](/usc/20/7801.md?p=38) of students in participating [local educational agencies](/usc/20/7801.md?p=30-A) about the innovative assessment system at the beginning of each school year during which the innovative assessment system will be implemented;
      - (v) engage and support teachers in developing and scoring assessments that are part of the innovative assessment system, including through the use of high-quality [professional development](/usc/20/7801.md?p=42), standardized and calibrated scoring rubrics, and other strategies, consistent with relevant nationally recognized professional and technical standards, to ensure inter-rater reliability and comparability;
      - (vi) acclimate students to the innovative assessment system;
      - (vii) ensure that students with the most significant cognitive disabilities may be assessed with alternate assessments consistent with [section 6311(b)(2)(D) of this title](/usc/20/6311.md?p=b-2-D);
      - (viii) if the [State](/usc/20/7171.md?p=b-6) is proposing to administer the innovative assessment system initially in a subset of [local educational agencies](/usc/20/7801.md?p=30-A), scale up the innovative assessment system to administer such system statewide, or with additional [local educational agencies](/usc/20/7801.md?p=30-A), in the [State](/usc/20/7171.md?p=b-6)’s proposed demonstration authority period;
      - (ix) gather data, solicit regular feedback from teachers, principals, other [school leaders](/usc/20/7801.md?p=44), and [parents](/usc/20/7801.md?p=38), and assess the results of each year of the program of demonstration authority under this section, and respond by making needed changes to the innovative assessment system; and
      - (x) report data from the innovative assessment system annually to the [Secretary](/usc/20/7801.md?p=46), including—
        - (I) demographics of participating [local educational agencies](/usc/20/7801.md?p=30-A), if such system is not statewide, and additional [local educational agencies](/usc/20/7801.md?p=30-A) if added to the system during the course of the [State](/usc/20/7171.md?p=b-6)’s demonstration authority period or 2-year extension, except that such data shall not reveal any personally identifiable information, including a description of how the inclusion of additional [local educational agencies](/usc/20/7801.md?p=30-A) contributes to progress toward achieving high-quality and consistent implementation across demographically diverse [local educational agencies](/usc/20/7801.md?p=30-A) throughout the demonstration authority period;
        - (II) the performance of all participating students, and for each subgroup of students defined in [section 6311(c)(2) of this title](/usc/20/6311.md?p=c-2), on the innovative assessment, consistent with the requirements in [section 6311(h) of this title](/usc/20/6311.md?p=h), except that such data shall not reveal any personally identifiable information;
        - (III) feedback from teachers, principals, other [school leaders](/usc/20/7801.md?p=44), and [parents](/usc/20/7801.md?p=38) about their satisfaction with the innovative assessment system; and
        - (IV) if such system is not statewide, a description of the [State](/usc/20/7171.md?p=b-6)’s progress in scaling up the innovative assessment system to additional [local educational agencies](/usc/20/7801.md?p=30-A) during the [State](/usc/20/7171.md?p=b-6)’s demonstration authority period, as described in [clause (viii)](#e-2-B-viii).
    - (C) A description of the [State educational agency](/usc/20/7801.md?p=49)’s plan to—
      - (i) ensure that all students and each of the subgroups of students defined in [section 6311(c)(2) of this title](/usc/20/6311.md?p=c-2) participating in the innovative assessment system receive the instructional support needed to meet [State](/usc/20/7171.md?p=b-6) aligned academic achievement standards;
      - (ii) ensure that each [local educational agency](/usc/20/7801.md?p=30-A) has the technological infrastructure to implement the innovative assessment system; and
      - (iii) hold all schools in the [local educational agencies](/usc/20/7801.md?p=30-A) participating in the program of demonstration authority accountable for meeting the [State](/usc/20/7171.md?p=b-6)’s expectations for student achievement.
    - (D) If the innovative assessment system will initially be administered in a subset of [local educational agencies](/usc/20/7801.md?p=30-A)—
      - (i) a description of the [local educational agencies](/usc/20/7801.md?p=30-A) within the [State educational agency](/usc/20/7801.md?p=49) that will participate, including what criteria the [State](/usc/20/7171.md?p=b-6) has for approving any additional [local educational agencies](/usc/20/7801.md?p=30-A) to participate during the demonstration authority period;
      - (ii) assurances from such [local educational agencies](/usc/20/7801.md?p=30-A) that such agencies will comply with the requirements of this subsection;
      - (iii) a description of how the [State](/usc/20/7171.md?p=b-6) will—
        - (I) ensure that the inclusion of additional [local educational agencies](/usc/20/7801.md?p=30-A) contributes to progress toward achieving high-quality and consistent implementation across demographically diverse [local educational agencies](/usc/20/7801.md?p=30-A) during the demonstration authority period; and
        - (II) ensure that the participating [local educational agencies](/usc/20/7801.md?p=30-A), as a group, will be demographically similar to the [State](/usc/20/7171.md?p=b-6) as a whole by the end of the [State](/usc/20/7171.md?p=b-6)’s demonstration authority period; and
      - (iv) a description of the [State educational agency](/usc/20/7801.md?p=49)’s plan to hold all students and each of the subgroups of students, as defined in [section 6311(c)(2) of this title](/usc/20/6311.md?p=c-2), to the same high standard as other students in the [State](/usc/20/7171.md?p=b-6).
- (f) **Peer review—** The [Secretary](/usc/20/7801.md?p=46) shall—
  - (1) implement a peer-review process to inform—
    - (A) the awarding of demonstration authority under this section and the approval to operate an innovative assessment system for the purposes of subsections (b)(2) and (c) of [section 6311 of this title](/usc/20/6311.md), as described in [subsection (h)](#h); and
    - (B) determinations about whether an innovative assessment system—
      - (i) is comparable to the [State](/usc/20/7171.md?p=b-6) assessments under [section 6311(b)(2)(B)(v) of this title](/usc/20/6311.md?p=b-2-B-v), valid, reliable, of high technical quality, and consistent with relevant, nationally recognized professional and technical standards; and
      - (ii) provides an unbiased, rational, and consistent determination of progress toward the goals described under [section 6311(c)(4)(A)(i) of this title](/usc/20/6311.md?p=c-4-A-i) for all students;
  - (2) ensure that the peer-review team consists of practitioners and experts who are knowledgeable about the innovative assessment system being proposed for all participating students, including—
    - (A) individuals with past experience developing systems of assessment innovation that support all students, including [English learners](/usc/20/7801.md?p=20), children with disabilities, and disadvantaged students; and
    - (B) individuals with experience implementing innovative assessment and accountability systems;
  - (3) make publicly available the applications submitted under [subsection (c)](#c)[^1] and the peer-review comments and recommendations regarding such applications;
  - (4) make a determination and inform the [State](/usc/20/7171.md?p=b-6) regarding approval or disapproval of the application under [subsection (c)](#c)[^1] not later than 90 days after receipt of the complete application;
  - (5) if the [Secretary](/usc/20/7801.md?p=46) disapproves an application under [paragraph (4)](#f-4), offer the [State](/usc/20/7171.md?p=b-6) an opportunity to—
    - (A) revise and resubmit such application within 60 days of the disapproval determination; and
    - (B) submit additional evidence that the [State](/usc/20/7171.md?p=b-6)’s application meets the requirements of [subsection (c)](#c);[^1] and
  - (6) make a determination regarding application approval or disapproval of a resubmitted application under [paragraph (5)](#f-5) not later than 45 days after receipt of the resubmitted application.
- (g) **Extension—** The [Secretary](/usc/20/7801.md?p=46) may extend an authorization of demonstration authority under this section for an additional 2 years if the [State educational agency](/usc/20/7801.md?p=49) demonstrates with evidence that the [State educational agency](/usc/20/7801.md?p=49)’s innovative assessment system is continuing to meet the requirements of [subsection (c)](#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.
- (h) **Use of innovative assessment system—** A [State](/usc/20/7171.md?p=b-6) may, during the [State](/usc/20/7171.md?p=b-6)’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](/usc/20/7801.md?p=30-A) instead of, or in addition to, results from the assessment system under [section 6311(b)(2) of this title](/usc/20/6311.md?p=b-2) if the [State](/usc/20/7171.md?p=b-6) demonstrates that the [State](/usc/20/7171.md?p=b-6) has met the requirements under [subsection (c)](#c). The [State](/usc/20/7171.md?p=b-6) shall continue to meet all other requirements of [section 6311(c) of this title](/usc/20/6311.md?p=c).
- (i) **Withdrawal of authority—** The [Secretary](/usc/20/7801.md?p=46) shall withdraw the authorization for demonstration authority provided to a [State educational agency](/usc/20/7801.md?p=49) under this section and such [State](/usc/20/7171.md?p=b-6) shall return to use of the statewide assessment system under [section 6311(b)(2) of this title](/usc/20/6311.md?p=b-2) for all [local educational agencies](/usc/20/7801.md?p=30-A) in the [State](/usc/20/7171.md?p=b-6) if, at any time during a [State](/usc/20/7171.md?p=b-6)’s approved demonstration authority period or 2-year extension, the [State educational agency](/usc/20/7801.md?p=49) cannot present to the [Secretary](/usc/20/7801.md?p=46) evidence that the innovative assessment system developed under this section—
  - (1) meets the requirements under [subsection (c)](#c);
  - (2) includes all students attending schools participating in the innovative assessment system in a [State](/usc/20/7171.md?p=b-6) that has demonstration authority, including each of the subgroups of students, as defined under [section 6311(c)(2) of this title](/usc/20/6311.md?p=c-2);
  - (3) provides an unbiased, rational, and consistent determination of progress toward the goals described under [section 6311(c)(4)(A)(i) of this title](/usc/20/6311.md?p=c-4-A-i) for all students, which are comparable to measures of academic achievement under [section 6311(c)(4)(B)(i) of this title](/usc/20/6311.md?p=c-4-B-i) across the [State](/usc/20/7171.md?p=b-6) in which the [local educational agencies](/usc/20/7801.md?p=30-A) are located;
  - (4) presents a high-quality plan to transition to full statewide use of the innovative assessment system by the end of the [State](/usc/20/7171.md?p=b-6)’s approved demonstration authority period or 2-year extension, if the innovative assessment system will initially be administered in a subset of [local educational agencies](/usc/20/7801.md?p=30-A); and
  - (5) demonstrates comparability to the statewide assessments under [section 6311(b)(2) of this title](/usc/20/6311.md?p=b-2) in content coverage, difficulty, and quality.
- (j) **Transition—**
  - (1) **In general—**
    - (A) **Operation of innovative assessment system—** If, after a [State](/usc/20/7171.md?p=b-6)’s approved demonstration authority period or 2-year extension, the [State educational agency](/usc/20/7801.md?p=49) 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)](#j-1-B), the [State](/usc/20/7171.md?p=b-6) 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](/usc/20/6311.md).
    - (B) **High quality—** Such system shall be considered of high quality if the [Secretary](/usc/20/7801.md?p=46), through the peer-review process described in [section 6311(a)(4) of this title](/usc/20/6311.md?p=a-4), determines that—
      - (i) the innovative assessment system meets all of the requirements of this section;
      - (ii) the [State](/usc/20/7171.md?p=b-6) has examined the effects of the system on other measures of student success, including indicators in the accountability system under [section 6311(c)(4)(B) of this title](/usc/20/6311.md?p=c-4-B);
      - (iii) the innovative assessment system provides coherent and timely information about student achievement based on the challenging [State](/usc/20/7171.md?p=b-6) academic standards, including objective measurement of academic achievement, knowledge, and skills that are valid, reliable, and consistent with relevant, nationally-recognized professional and technical standards;
      - (iv) the [State](/usc/20/7171.md?p=b-6) has solicited feedback from teachers, principals, other [school leaders](/usc/20/7801.md?p=44), and [parents](/usc/20/7801.md?p=38) about their satisfaction with the innovative assessment system; and
      - (v) the [State](/usc/20/7171.md?p=b-6) has demonstrated that the same innovative assessment system was used to measure—
        - (I) the achievement of all students that participated in such innovative assessment system; and
        - (II) not less than the percentage of such students overall and in each of the subgroups of students, as defined in [section 6311(c)(2) of this title](/usc/20/6311.md?p=c-2), as measured under [section 6311(c)(4)(E) of this title](/usc/20/6311.md?p=c-4-E), as were assessed under the assessment required by [section 6311(b)(2) of this title](/usc/20/6311.md?p=b-2).
  - (2) **Baseline—** For the purposes of the evaluation described in [paragraph (1)](#j-1), the baseline year shall be considered the first year that each [local educational agency](/usc/20/7801.md?p=30-A) in the [State](/usc/20/7171.md?p=b-6) used the innovative assessment system.
  - (3) **Waiver authority—** A [State](/usc/20/7171.md?p=b-6) may request, and the [Secretary](/usc/20/7801.md?p=46) shall review such request and may grant, a delay of the withdrawal of authority under [subsection (i)](#i) for the purpose of providing the [State](/usc/20/7171.md?p=b-6) with the time necessary to implement the innovative assessment system statewide, if, at the conclusion of the [State](/usc/20/7171.md?p=b-6)’s approved demonstration authority period and 2-year extension—
    - (A) the [State](/usc/20/7171.md?p=b-6) has met all of the requirements of this section, except transition to full statewide use of the innovative assessment system; and
    - (B) the [State](/usc/20/7171.md?p=b-6) continues to comply with the other requirements of this section, and demonstrates a high-quality plan for transition to statewide use of the innovative assessment system in a reasonable period of time.
- (k) **Available funds—** A [State](/usc/20/7171.md?p=b-6) may use funds available under [section 6361 of this title](/usc/20/6361.md) to carry out this section.
- (l) **Consortium—** A consortium of [States](/usc/20/7171.md?p=b-6) may apply to participate in the program of demonstration authority under this section, and the [Secretary](/usc/20/7801.md?p=46) may provide each [State](/usc/20/7171.md?p=b-6) member of such consortium with such authority if each such [State](/usc/20/7171.md?p=b-6) member meets all of the requirements of this section. Such consortium shall be subject to the limitation described in [subsection (b)(3)(B)](#b-3-B) during the initial 3 years of the demonstration authority.
- (m) **Dissemination of best practices—**
  - (1) **In general—** Following the publication of the progress report described in [subsection (c)](#c), the Director of the Institute of Education Sciences, in consultation with the [Secretary](/usc/20/7801.md?p=46), 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—
    - (A) summative assessments that—
      - (i) meet the requirements of [section 6311(b)(2)(B) of this title](/usc/20/6311.md?p=b-2-B);
      - (ii) are comparable with statewide assessments under [section 6311(b)(2) of this title](/usc/20/6311.md?p=b-2); and
      - (iii) include assessment tasks that determine proficiency or mastery of [State](/usc/20/7171.md?p=b-6)-approved competencies aligned to challenging [State](/usc/20/7171.md?p=b-6) academic standards;
    - (B) effective supports for [local educational agencies](/usc/20/7801.md?p=30-A) and school staff to implement innovative assessment systems;
    - (C) effective engagement and support of teachers in developing and scoring assessments and the use of high-quality [professional development](/usc/20/7801.md?p=42);
    - (D) effective supports for all students, particularly each of the subgroups of students, as defined in [section 6311(c)(2) of this title](/usc/20/6311.md?p=c-2), participating in the innovative assessment system; and
    - (E) standardized and calibrated scoring rubrics, and other strategies, to ensure inter-rater reliability and comparability of determinations of mastery or proficiency across [local educational agencies](/usc/20/7801.md?p=30-A) and the [State](/usc/20/7171.md?p=b-6).
  - (2) **Publication—** The [Secretary](/usc/20/7801.md?p=46) shall make the information described in [paragraph (1)](#m-1) available on the website of the [Department](/usc/20/7801.md?p=13) and shall publish an update to the information not less often than once every 3 years.

## Footnotes

[^1]: So in original. Probably should refer to subsection (e).

## Source credit

(Pub. L. 89–10, title I, § 1204, as added Pub. L. 114–95, title I, § 1201, Dec. 10, 2015, 129 Stat. 1885.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 6364, Pub. L. 89–10, title I, § 1204, as added Pub. L. 107–110, title I, § 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, title I, § 101, Oct. 20, 1994, 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(a), May 2, 1996, 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, title I, § 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, title I, § 101, Oct. 20, 1994, 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(a), May 2, 1996, 110 Stat. 1327; Pub. L. 105–220, title II, § 251(b)(2)(B), Aug. 7, 1998, 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, title I, § 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, title I, § 101, Oct. 20, 1994, 108 Stat. 3581; amended Pub. L. 105–220, title II, § 251(b)(2)(C), Aug. 7, 1998, 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, title I, § 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, title I, § 101, Oct. 20, 1994, 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, title I, § 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, title I, § 101, Oct. 20, 1994, 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, title I, § 101, Oct. 20, 1994, 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, title I, § 101, Oct. 20, 1994, 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, title I, § 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, title I, § 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, title I, § 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, title I, § 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, title I, § 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, title I, § 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, title I, § 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, title I, § 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, title I, § 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, title I, § 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, title I, § 101, Jan. 8, 2002, 115 Stat. 1560; amended Pub. L. 113–128, title V, § 512(i)(2), July 22, 2014, 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, title I, § 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, title I, § 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, title I, § 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, title I, § 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, title I, § 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, title I, § 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, title I, § 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, title I, § 101, Jan. 8, 2002, 115 Stat. 1567, related to improvement of literacy through school libraries.

### 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.