Sec. 116. National Board for Education Sciences
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Section 116 ( 20 U.S.C. 9516 ) is amended to read as follows: The Institute shall have a board of directors, which shall be known as the National Board for Education Sciences. Not later than 1 year after the date of enactment of the Advancing Research in Education Act, the Secretary shall appoint a Board in accordance with this section as in effect on the date of enactment of the Advancing Research in Education Act. The Secretary shall take such steps as may be necessary to ensure an orderly transition to the Board, as authorized under subparagraph (A), from the Board, as in effect on the day before the date of enactment of the Advancing Research in Education Act, which may include adjusting term limits of members on the Board.
In carrying out subparagraph (A), the Secretary may— remove members who served on the Board on the day before the date of enactment of the Advancing Research in Education Act who were appointed in accordance with this title prior to such date of enactment; and appoint members who served on the Board on the day before the date of enactment of the Advancing Research in Education Act. The duties of the Board are the following: To advise and consult with the Director on the policies of the Institute on an ongoing basis.
To advise on the research, evaluation, statistics, development, and evidence use dissemination activities planned or carried out by the Director and the Institute and make recommendations to ensure such activities are responsive to the educational challenges facing students, families, practitioners, and education system leaders. To consider and approve priorities proposed by the Director under section 115 to guide the work of the Institute in accordance with the timelines specified in such section.
To advise the Director on high-quality and timely procedures for technical and scientific peer review of the activities of the Institute. To advise the Director on improving or promoting the use, usefulness, and impact of activities to be supported by the Institute, including the general areas of research to be carried out by the National Center for Education Research and the National Center for Special Education Research. To present to the Director such recommendations as it may find appropriate for— strengthening education research from early childhood through postsecondary study; improving evidence use and dissemination; and the staffing and funding of the Institute.
To advise the Director on the funding of applications for grants, contracts, and cooperative agreements for research and the process for high-quality and timely peer review. To advise and regularly evaluate the work of the Institute on the basis that— scientifically valid research, development, evaluation, and statistical analysis are consistent with principles of scientifically valid research or the applicable standards for such activities under this title; and activities related to the development of practices, wide dissemination, and evidence use are effectively carried out.
To advise the Director on ensuring that activities conducted or supported by the Institute are objective, secular, neutral, and nonideological and are free of partisan political influence and bias on the basis of race, religion, color, national origin, sex, or disability. To solicit advice and information from those in the education field, particularly practitioners, education system leaders, policymakers, and researchers, to recommend to the Director topics that require long-term, sustained, systematic, programmatic, and integrated research efforts, consistent with the priorities and mission of the Institute.
To advise the Director on opportunities for the participation in, and the advancement of, women, minorities, and persons with disabilities, and institutions that have been historically underrepresented in Federal education research activities of the Institute, including community colleges, historically Black colleges and universities, Tribal Colleges and Universities, and other minority-serving institutions. To recommend to the Director ways to enhance strategic partnerships and collaborative efforts among other Federal and State research agencies.
To recommend to the Director individuals to serve as Commissioners of the National Education Centers. The Board shall have 9 voting members appointed by the Secretary. The Secretary shall solicit advice regarding individuals to serve on the Board from the members of the Board serving on the date of the solicitation, the National Academies of Sciences, Engineering, and Medicine, and organizations that have knowledge of individuals who are highly-qualified to appraise scientifically valid research, statistics, evaluation, development, dissemination, and evidence use.
The Board may have the following nonvoting ex officio members: The Director of the Institute of Education Sciences. Each of the Commissioners of the National Education Centers. The Director of the National Institute of Child Health and Human Development. The Director of the Census. The Commissioner of Labor Statistics. The Director of the National Science Foundation. Members appointed under paragraph
(1)shall be highly qualified to appraise education research, statistics, evaluations, or development, and shall include the following individuals: Not fewer than 4 researchers in the field of statistics, evaluation, social sciences, or physical and biological sciences, with demonstrated experience in carrying out and effectively communicating scientifically valid research on education matters. At least 1 practitioner who is a school-based professional educator, teacher, principal, other school leader, local educational agency superintendent, or member of a local board of education or Bureau-funded school board. At least 1 State leader who is knowledgeable about the educational challenges facing students, families, practitioners, and education system leaders, who may be a chief State school officer, State postsecondary education executive, or member of a State board of education. At least 1 individual with expertise in special education research and research on children with disabilities in educational settings. Each member shall serve for a term of 6 years, except that— the terms of members appointed in accordance with subsection (a)(2) shall be— 6 years for each of 3 members; 4 years for each of 3 members; and 2 years for each of 3 members; no member shall serve for more than 2 consecutive terms; and in a case in which a successor to a member has not been appointed as of the date of expiration of the member’s term, the member may serve for an additional 1-year period, beginning on the day after the date of expiration of the member’s term, or until a successor has been appointed under paragraph (1), whichever occurs first. The Secretary shall fill any vacancy to the Board in the manner in which the original appointment was made. Any member appointed to fill a vacancy on the Board occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A voting member of the Board shall be considered a special Government employee for the purposes of chapter 131 of title 5, United States Code. The Board shall elect a chair from among the members of the Board through a majority vote of a quorum. The chair shall serve in such role for a term of 2 years, and may be re-elected in accordance with subparagraph (A). If the chair has been vacant for more than 3 months, at the written request of a quorum of the Board, the Director shall convene a meeting of the Board to, at a minimum, elect a chair. Members of the Board shall serve without pay for such service. Members of the Board who are officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Board. The members of the Board shall receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code. In the exercise of its duties under subsection
(b)and in accordance with chapter 10 of title 5, United States Code, the Board shall be independent of the Director and the other offices and officers of the Institute. The Board shall have an Executive Director who shall be appointed by the Board and hired by the Director not later than 90 days after such appointment, to the greatest extent practicable. The Board shall receive administrative support from the Director and may use additional staff as may be appointed or assigned by the Director, in consultation with the Chair and the Executive Director. The Board may use the services and facilities of any department or agency of the Federal Government. Upon the request of the Board, the head of any Federal agency may detail any of the personnel of such agency to the Board to assist the Board in carrying out this title. The Board may enter into contracts or make other arrangements as may be necessary to carry out its functions. The Board may, to the extent otherwise permitted by law, obtain directly from any executive Federal agency such information as the Board determines necessary to carry out its functions. The Board may establish standing or temporary subcommittees to make recommendations to the Board for carrying out activities authorized under this title. The Board shall meet not less often than 3 times each year. The Board shall hold additional meetings at the call of the Chair or upon the written request of not less than a quorum of the Board. Meetings of the Board are subject to section 552b of title 5, United States Code (commonly referred to as the Government in the Sunshine Act). A majority of the voting members of the Board serving at the time of the meeting shall constitute a quorum. Not later than September 30, 2024, and biennially thereafter, the Board shall submit a report to the Director, the Secretary, the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate, and the Committee on Education and the Workforce and the Committee on Appropriations of the House of Representatives and make such report widely available to the public (including by electronic means such as posting in an easily accessible manner on the Department’s website). Each report shall include— an evaluation of the Institute’s activities to ensure that research, evaluation, statistics, development, and evidence use and dissemination activities are— consistent with principles of scientifically valid research or the applicable standards for such activities under this title; and responsive to the educational challenges facing students, families, practitioners, and education system leaders; an assessment of the effectiveness of the Institute in— carrying out the Institute’s priorities and mission; engaging with practitioners, education system leaders, and policymakers to promote the use, usefulness, and impact of scientifically valid research activities and supporting the development of evidence-based practices, wide dissemination, evidence use, and continuous improvement; and increasing the participation of researchers and institutions that have been historically underrepresented in Federal education research activities of the Institute, including community colleges, historically Black colleges and universities, Tribal Colleges and Universities, and other minority-serving institutions; a description of any recommendations regarding actions that may be taken to enhance the ability of the Institute and the National Education Centers to carry out their missions and priorities, and to improve governance within the Institute; a description of the number of staff serving the Board, in accordance with subsection (c)(8), the activities carried out by the Board, and any challenges faced by the Board in carrying out the Board’s duties described in subsection (b); and a list of members who have served at some point during the preceding 2 fiscal years, their affiliations, and their term expiration dates. At the time of submission of a report required under subsection (d), the Board shall provide a briefing to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Education and the Workforce and the Committee on Appropriations of the House of Representatives on the contents of the report. .
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Sec. 116
National Board for Education Sciences
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