---
kind: "section"
citation: "20 U.S.C. § 9621"
title: "20"
title_heading: "Education"
number: "9621"
heading: "National Assessment Governing Board"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/9621"
units:
  - "Chapter 76 — Education Research, Statistics, Evaluation, Information, and Dissemination"
  - "Subchapter III — National Assessment of Educational Progress"
---

# §9621. National Assessment Governing Board

- (a) **Establishment—** There is established the National Assessment Governing [Board](/usc/20/9501.md?p=4) (hereafter in this subchapter referred to as the “Assessment [Board](/usc/20/9501.md?p=4)”), which shall formulate policy guidelines for the National Assessment (carried out under [section 9622 of this title](/usc/20/9622.md)).
- (b) **Membership—**
  - (1) **Appointment and composition—** The Assessment [Board](/usc/20/9501.md?p=4) shall be appointed by the [Secretary](/usc/20/9501.md?p=21) and be composed as follows:
    - (A) Two Governors, or former Governors, who shall not be members of the same political party.
    - (B) Two [State](/usc/20/9501.md?p=22) legislators, who shall not be members of the same political party.
    - (C) Two chief [State](/usc/20/9501.md?p=22) school officers.
    - (D) One superintendent of a [local educational agency](/usc/20/9501.md?p=1-A).
    - (E) One member of a [State](/usc/20/9501.md?p=22) [board](/usc/20/9501.md?p=4) of education.
    - (F) One member of a local [board](/usc/20/9501.md?p=4) of education.
    - (G) Three classroom teachers representing the grade levels at which the National Assessment is conducted.
    - (H) One representative of business or industry.
    - (I) Two curriculum specialists.
    - (J) Three testing and measurement experts, who shall have training and experience in the field of testing and measurement.
    - (K) One nonpublic school administrator or policymaker.
    - (L) Two school principals, of whom one shall be an [elementary school](/usc/20/9501.md?p=1-A) principal and one shall be a [secondary school](/usc/20/9501.md?p=1-A) principal.
    - (M) Two parents who are not employed by a local, [State](/usc/20/9501.md?p=22) or Federal educational agency.
    - (N) Two additional members who are representatives of the general public, and who may be parents, but who are not employed by a local, [State](/usc/20/9501.md?p=22), or Federal educational agency.
  - (2) **Director of the Institute of Education Sciences—** The [Director](/usc/20/9501.md?p=9) of the [Institute](/usc/20/9501.md?p=14) of Education Sciences shall serve as an ex officio, nonvoting member of the Assessment [Board](/usc/20/9501.md?p=4).
  - (3) **Balance and diversity—** The [Secretary](/usc/20/9501.md?p=21) and the Assessment [Board](/usc/20/9501.md?p=4) shall ensure at all times that the membership of the Assessment [Board](/usc/20/9501.md?p=4) reflects regional, racial, gender, and cultural balance and diversity and that the Assessment [Board](/usc/20/9501.md?p=4) exercises its independent judgment, free from inappropriate influences and special interests.
- (c) **Terms—**
  - (1) **In general—** Terms of service of members of the Assessment [Board](/usc/20/9501.md?p=4) shall be staggered and may not exceed a period of 4 years, as determined by the [Secretary](/usc/20/9501.md?p=21).
  - (2) **Service limitation—** Members of the Assessment [Board](/usc/20/9501.md?p=4) may serve not more than two terms.
  - (3) **Change of status—** A member of the Assessment [Board](/usc/20/9501.md?p=4) who changes status under [subsection (b)](#b) during the term of the appointment of the member may continue to serve as a member until the expiration of such term.
  - (4) **Conforming provision—** Members of the Assessment [Board](/usc/20/9501.md?p=4) previously granted 3 year terms, whose terms are in effect on December 21, 2000, shall have their terms extended by 1 year.
- (d) **Vacancies—**
  - (1) **In general—**
    - (A) **Organizations—** The [Secretary](/usc/20/9501.md?p=21) shall appoint new members to fill vacancies on the Assessment [Board](/usc/20/9501.md?p=4) from among individuals who are nominated by organizations representing the type of individuals described in [subsection (b)(1)](#b-1) with respect to which the vacancy exists.
    - (B) **Nominations—** Each organization submitting nominations to the [Secretary](/usc/20/9501.md?p=21) with respect to a particular vacancy shall nominate for such vacancy six individuals who are qualified by experience or training to fill the particular Assessment [Board](/usc/20/9501.md?p=4) vacancy.
    - (C) **Maintenance of Assessment Board—** The [Secretary](/usc/20/9501.md?p=21)’s appointments shall maintain the composition, diversity, and balance of the Assessment [Board](/usc/20/9501.md?p=4) required under [subsection (b)](#b).
  - (2) **Additional nominations—** The [Secretary](/usc/20/9501.md?p=21) may request that each organization described in [paragraph (1)(A)](#d-1-A) submit additional nominations if the [Secretary](/usc/20/9501.md?p=21) determines that none of the individuals nominated by such organization have appropriate knowledge or expertise.
- (e) **Duties—**
  - (1) **In general—** In carrying out its functions under this section the Assessment [Board](/usc/20/9501.md?p=4) shall—
    - (A) select the subject areas to be assessed (consistent with [section 9622(b) of this title](/usc/20/9622.md?p=b));
    - (B) develop appropriate student achievement levels as provided in [section 9622(e) of this title](/usc/20/9622.md?p=e);
    - (C) develop assessment objectives consistent with the requirements of this section and test specifications that produce an assessment that is valid and reliable, and are based on relevant widely accepted professional standards;
    - (D) develop a process for review of the assessment which includes the active participation of teachers, curriculum specialists, local school administrators, parents, and concerned members of the public;
    - (E) design the methodology of the assessment to ensure that assessment items are valid and reliable, in consultation with appropriate technical experts in measurement and assessment, content and subject matter, sampling, and other technical experts who engage in large scale surveys;
    - (F) consistent with [section 9622 of this title](/usc/20/9622.md), measure student academic achievement in grades 4, 8, and 12 in the authorized academic subjects;
    - (G) develop guidelines for reporting and disseminating results;
    - (H) develop standards and procedures for regional and national comparisons;
    - (I) take appropriate actions needed to improve the form, content, use, and reporting of results of any assessment authorized by [section 9622 of this title](/usc/20/9622.md) consistent with the provisions of this section and [section 9622 of this title](/usc/20/9622.md); and
    - (J) plan and execute the initial public release of National Assessment of Educational Progress reports.

    The National Assessment of Educational Progress data shall not be released prior to the release of the reports described in [subparagraph (J)](#e-1-J).

  - (2) **Delegation—** The Assessment [Board](/usc/20/9501.md?p=4) may delegate any of the [Board](/usc/20/9501.md?p=4)’s procedural and administrative functions to its staff.
  - (3) **All cognitive and noncognitive assessment items—** The Assessment [Board](/usc/20/9501.md?p=4) shall have final authority on the appropriateness of all assessment items.
  - (4) **Prohibition against bias—** The Assessment [Board](/usc/20/9501.md?p=4) shall take steps to ensure that all items selected for use in the National Assessment are free from racial, cultural, gender, or regional bias and are secular, neutral, and non-ideological.
  - (5) **Technical—** In carrying out the duties required by [paragraph (1)](#e-1), the Assessment [Board](/usc/20/9501.md?p=4) may seek technical advice, as appropriate, from the Commissioner for Education Statistics and other experts.
  - (6) **Report—** Not later than 90 days after an evaluation of the student achievement levels under [section 9622(e) of this title](/usc/20/9622.md?p=e), the Assessment [Board](/usc/20/9501.md?p=4) shall make a report to the [Secretary](/usc/20/9501.md?p=21), the Committee on Education and the Workforce of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate describing the steps the Assessment [Board](/usc/20/9501.md?p=4) is taking to respond to each of the recommendations contained in such evaluation.
- (f) **Personnel—**
  - (1) **In general—** In the exercise of its responsibilities, the Assessment [Board](/usc/20/9501.md?p=4) shall be independent of the [Secretary](/usc/20/9501.md?p=21) and the other offices and officers of the [Department](/usc/20/9501.md?p=7).
  - (2) **Staff—**
    - (A) **In general—** The [Secretary](/usc/20/9501.md?p=21) may appoint, at the request of the Assessment [Board](/usc/20/9501.md?p=4), such staff as will enable the Assessment [Board](/usc/20/9501.md?p=4) to carry out its responsibilities.
    - (B) **Technical employees—** Such appointments may include, for terms not to exceed 3 years and without regard to the provisions of [title 5](/usc/5.md) governing appointments in the competitive service, not more than six technical employees who may be paid without regard to the provisions of [chapter 51](/usc/20/chch51.md) and subchapter III of [chapter 53](/usc/20/chch53.md) of such title relating to classification and General Schedule pay rates.
- (g) **Coordination—** The Commissioner for Education Statistics and the Assessment [Board](/usc/20/9501.md?p=4) shall meet periodically—
  - (1) to ensure coordination of their duties and activities relating to the National Assessment; and
  - (2) for the Commissioner for Education Statistics to report to the Assessment [Board](/usc/20/9501.md?p=4) on the [Department](/usc/20/9501.md?p=7)’s actions to implement the decisions of the Assessment [Board](/usc/20/9501.md?p=4).
- (h) **Administration—** [Chapter 10](/usc/5/chptI/ch10.md) of title 5 shall not apply with respect to the Assessment [Board](/usc/20/9501.md?p=4), other than sections 1009, 1010, and 1011 of title 5.

## Source credit

(Pub. L. 107–279, title III, § 302, formerly Pub. L. 103–382, title IV, § 412, Oct. 20, 1994, 108 Stat. 4039; Pub. L. 106–554, § 1(a)(1) [title III, § 307], Dec. 21, 2000, 114 Stat. 2763, 2763A–44; Pub. L. 107–110, title VI, § 602(b), Jan. 8, 2002, 115 Stat. 1904; renumbered Pub. L. 107–279, title III, § 302, and amended Pub. L. 107–279, title IV, § 401(c), Nov. 5, 2002, 116 Stat. 1983; Pub. L. 117–286, § 4(a)(154), Dec. 27, 2022, 136 Stat. 4322.)

## Notes

### Editorial Notes

### Codification

Section was formerly classified to section 9011 of this title prior to renumbering by Pub. L. 107–279.

### Prior Provisions

A prior section 302 of Pub. L. 107–279 was renumbered section 304 and is classified to section 9623 of this title.

### Amendments

2022—Subsec. (h). Pub. L. 117–286 substituted “Chapter 10 of title 5 shall not apply with respect to the Assessment Board, other than sections 1009, 1010, and 1011 of title 5.” for “The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Assessment Board, other than sections 10, 11, and 12 of such Act.”

2002—Pub. L. 107–110 amended section generally, restating and expanding provisions and inserting headings.

Subsec. (a). Pub. L. 107–279, § 401(c)(1), substituted “referred to as the ‘Assessment Board’ ” for “referred to as the ‘Board’ ” and inserted “(carried out under section 9622 of this title)” after “for the National Assessment”.

Subsec. (b)(1). Pub. L. 107–279, § 401(c)(2), substituted “Assessment Board” for “Board” in introductory provisions.

Subsec. (b)(2). Pub. L. 107–279, § 401(c)(4), substituted “Director of the Institute of Education Sciences” for “Assistant Secretary for Educational Research” in heading and “Assistant Secretary for Educational Research and Improvement” in text.

Pub. L. 107–279, § 401(c)(2), substituted “Assessment Board” for “Board”.

Subsecs. (b)(3) to (d)(1). Pub. L. 107–279, § 401(c)(2), substituted “Assessment Board” for “Board” wherever appearing.

Subsec. (e)(1). Pub. L. 107–279, § 401(c)(2), (5)(A)(vii), substituted “Assessment Board” for “Board” in introductory provisions and inserted concluding provisions.

Subsec. (e)(1)(A). Pub. L. 107–279, § 401(c)(5)(A)(i), substituted “section 9622(b)” for “section 9010(b)”.

Subsec. (e)(1)(B). Pub. L. 107–279, § 401(c)(5)(A)(ii), substituted “section 9622(e)” for “section 9010(e)”.

Subsec. (e)(1)(E). Pub. L. 107–279, § 401(c)(5)(A)(iii), struck out “, including the Advisory Council established under section 9006 of this title” before semicolon at end.

Subsec. (e)(1)(F), (I). Pub. L. 107–279, § 401(c)(5)(A)(iv), substituted “section 9622” for “section 9010” wherever appearing.

Subsec. (e)(1)(J). Pub. L. 107–279, § 401(c)(5)(A)(v)–(vii), added subpar. (J).

Subsec. (e)(2) to (4). Pub. L. 107–279, § 401(c)(2), substituted “Assessment Board” for “Board”.

Subsec. (e)(5). Pub. L. 107–279, § 401(c)(5)(B), struck out “and the Advisory Council on Education Statistics” before “and other experts.”

Pub. L. 107–279, § 401(c)(3), substituted “Commissioner for Education Statistics” for “Commissioner”.

Pub. L. 107–279, § 401(c)(2), substituted “Assessment Board” for “Board”.

Subsec. (e)(6). Pub. L. 107–279, § 401(c)(5)(C), substituted “section 9622(e)” for “section 9010(e)”.

Pub. L. 107–279, § 401(c)(2), substituted “Assessment Board” for “Board” in two places.

Subsec. (f). Pub. L. 107–279, § 401(c)(2), substituted “Assessment Board” for “Board” wherever appearing.

Subsec. (g). Pub. L. 107–279, § 401(c)(3), substituted “Commissioner for Education Statistics” for “Commissioner” in two places.

Pub. L. 107–279, § 401(c)(2), substituted “Assessment Board” for “Board” wherever appearing.

Subsec. (h). Pub. L. 107–279, § 401(c)(2), substituted “Assessment Board” for “Board”.

2000—Subsec. (c)(1). Pub. L. 106–554, § 1(a)(1) [title III, § 307(1)], substituted “4 years” for “3 years”.

Subsec. (c)(4). Pub. L. 106–554, § 1(a)(1) [title III, § 307(2)], added par. (4).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2002 Amendment

Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under section 6301 of this title.

### Short Title

This subchapter is known as the “National Assessment of Educational Progress Authorization Act”, see Short Title note set out under section 9501 of this title.