Are the data confidential?

Federal law dictates complete privacy for all test takers and their families. Under the National Assessment of Educational Progress Authorization Act (Public Law 107-279 III, section 303), the Commissioner of the National Center for Education Statistics (NCES) is charged with ensuring that NAEP tests do not question test-takers about personal or family beliefs or make information about their personal identity publicly available.

After publishing NAEP reports, NCES makes data available to researchers but withholds students' names and other identifying information. The names of all participating students are not allowed to leave the schools after NAEP assessments are administered. Because it might be possible to deduce from data the identities of some NAEP schools, researchers must promise, under penalty of fines and jail terms, to keep these identities confidential.