115 STAT. 1902 PUBLIC LAW 107-110—JAN. 8, 2002 "(3) PERSONALLY IDENTIFIABLE INFORMATION. — "(A) IN GENERAL.—The Commissioner shall ensure that all personally identifiable information about students, their academic achievement, and their families, and that information with respect to individual schools, remains confidential, in accordance with section 552a of title 5, United States Code. "(B) PROHIBITION. —The National Board, the Commissioner, and any contractor or subcontractor shall not maintain any system of records containing a student's name, birth information, Social Security number, or parents' name or names, or any other personally identifiable information. "(4) PENALTIES.—Any unauthorized person who knowingly discloses, publishes, or uses assessment questions, or complete and current assessment instruments of any assessment authorized under this section may be fined as specified in section 3571 of title 18, United States Code or charged with a class E felony. " (d) PARTICIPATION.— "(1) VOLUNTARY PARTICIPATION.— Participation in any assessment authorized under this section shall be voluntary for students, schools, and local educational agencies. "(2) STUDENT PARTICIPATION. —Parents of children selected to participate in any assessment authorized under this section shall be informed before the administration of any authorized assessment, that their child may be excused from participation for any reason, is not required to finish any authorized assessment, and is not required to answer any test question. "(3) STATE PARTICIPATION. — " (A) VOLUNTARY.— Participation in assessments authorized under this section, other than reading and mathematics in grades 4 and 8, shall be voluntary. "(B) AGREEMENT. —For reading and mathematics assessments in grades 4 and 8, the Secretary shall enter into an agreement with any State carrying out an assessment for the State under this section. Each such agreement shall contain provisions designed to ensure that the State will participate in the assessment. "(4) REVIEW. —Representatives of State educational agencies and local educational agencies or the chief State school officer shall\have the right to review any assessment item or procedure of any authorized assessment upon request in a manner consistent with subsection (c), except the review described in subparagraph (2)(C) of subsection (c) shall take place in consultation with the representatives described in this paragraph. "(e) STUDENT ACHIEVEMENT LEVELS.— "(1) ACHIEVEMENT LEVELS.— The National Assessment Governing Board shall develop appropriate student achievement levels for each grade or age in each subject area to be tested under assessments authorized under this section, except the trend assessment described in subsection (b)(2)(F). "(2) DETERMINATION OF LEVELS. — "(A) IN GENERAL.— Such levels shall— "(i) be determined by—
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