108 STAT. 246 PUBLIC LAW 103-227—MAR. 31, 1994 larly the Office of Indian Education Programs), and any other appropriate Federal agency; and (4) provide for an active outreach effort to identify successful educational programs through cooperative arrangements with State and local education agencies, teachers and teacher organizations, curriculum associations, foundations, private schools, institutions of higher education, and other entities that could enhance the ability of the Secretary to identify programs for possible inclusion in the dissemination system, (d) DESIGNATION OF EXEMPLARY AND PROMISING PROGRAMS.— (1) IN GENERAL.— The Assistant Secretary, in consultation with the Board, shall establish 1 or more panels of appropriately qualified experts and practitioners to— (A) evaluate educational programs that have been identified by the Secretary under subsection (c) or that have been submitted to the Secretary for such evaluation by some other individual or organization; and (B) recommend to the Secretary programs that should be designated as exemplary or promising educational programs. (2) CONSIDERATIONS IN MAKING RECOMMENDATIONS. — In determining whether an educational program should receive a recommendation under paragraph (1), a panel established under such paragraph shall consider— (A) whether, based on empirical data, which may include test results, the program is effective and should be designated as exemplary and disseminated through the national dissemination system; or (B) whether there is sufficient evidence to lead a panel of experts and practitioners to believe that the program shows promise for improving student achievement and should be designated as promising and disseminated through the national dissemination system while the program continues to be evaluated. (3) REQUIREMENT REGARDING APPROVAL OF PROGRAMS. — In seeking out programs for approval under paragraph (2), the Assistant Secretary shall seek programs that may be implemented at the State, local, and classroom level. (4) REQUIREMENTS REGARDING PANELS.— (A) A panel shall not eliminate a program from consideration under this subsection based solely on the fact that the program does not have one specific type of supporting data, such as test scores. (B) The Assistant Secretary may not designate a program as exemplary or promising unless a panel established under paragraph (1) has recommended tnat the program be so designated. (C) The Secretary shall establish such panels under paragraph (1) as may be necessary to ensure that each program identified or submitted for evaluation is evaluated. (D) Not less than % of the membership of a panel established under paragraph (1) shall consist of individuals who are not officers or employees of the United States. Members of panels under paragraph (1) who are not employees of the United States shall receive compensation for each day they are engaged in carrying out the duties of the panel as well as compensation for their expenses.
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