Page:United States Statutes at Large Volume 108 Part 1.djvu/172

 108 STAT. 146 PUBLIC LAW 103-227—MAR. 31, 1994 (IV) a description of the other measures the State will use to evaluate student performance; and (V) evidence that the test or tests which are part of the State assessments are valid, reliable measures of their intended purposes, are aligned with the State content standards, are capable of assessing the progress of all students toward learning the material in the State content standards, and are consistent with relevant nationally recognized professional and technical standards. (D) The Council, at the request of a State prior to the State's submission to the Council of a State assessment for a proposed use, shall review and provide guidance to such State on a proposed package of measures, including tests that will be included in such a system. (2) CRITERIA.—(A) The Council shall develop and, not sooner than three years nor later than four years after the date of enactment of this Act, begin utilizing criteria for the certification of State assessments for the purposes described in paragraph (1)(B). (B) Before using such criteria, the Council shall forward the criteria to the Goals Panel for review, except that the Goals Panel shall have the option of disapproving such criteria by a two-thirds majority vote of the full membership of the Goals Panel not later than 90 days after receipt of such criteria. (C) The certification criteria developed by the Council shall address the extent to which the State assessments— (i) are aligned with a State's or a group of States' State content standards certified by the Council; and (ii) are to be used for a purpose for which they are valid, reliable, and free of discrimination, and are consistent with relevant, nationally recognized professional and technical standards for assessment. (D) In determining appropriate certification criteria for State assessments, the Council shall— (i) consider standards and criteria being developed by other national organizations, research on assessment, and emerging new State and local assessments; (li) recommend needed research; (iii) encourage the development and field testing of State assessments; and (iv) provide a public forum for discussing, debating, and building consensus for the criteria to be used for the certification of State assessments. (E) Prior to determining the certification criteria, the Council shall seek public comment regarding the proposed criteria. (F) The Council shall certify §tate assessments only if such assessments include all students and provide for the adaptations and accommodations necessary to permit the participation of all students with diverse learning needs. (g) PERFORMANCE OF DUTIES. —In carrying out its responsibilities under this title, the Council shall— (1) provide for a process of broad public input as part of the process of developing criteria for standards and assessments; (2) work with Federal and non-Federal departments, agencies, or organizations which are conducting research, studies.

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