20 U.S.C. § 1418 : US Code - Section 1418: Program information

Search 20 U.S.C. § 1418 : US Code - Section 1418: Program information

(a) In general
Each State that receives assistance under this subchapter, and
the Secretary of the Interior, shall provide data each year to the
Secretary of Education and the public on the following:
(1)(A) The number and percentage of children with disabilities,
by race, ethnicity, limited English proficiency status, gender,
and disability category, who are in each of the following
separate categories:
(i) Receiving a free appropriate public education.
(ii) Participating in regular education.
(iii) In separate classes, separate schools or facilities, or
public or private residential facilities.
(iv) For each year of age from age 14 through 21, stopped
receiving special education and related services because of
program completion (including graduation with a regular
secondary school diploma), or other reasons, and the reasons
why those children stopped receiving special education and
related services.
(v)(I) Removed to an interim alternative educational setting
under section 1415(k)(1) of this title.
(II) The acts or items precipitating those removals.
(III) The number of children with disabilities who are
subject to long-term suspensions or expulsions.
(B) The number and percentage of children with disabilities, by
race, gender, and ethnicity, who are receiving early intervention
services.
(C) The number and percentage of children with disabilities, by
race, gender, and ethnicity, who, from birth through age 2,
stopped receiving early intervention services because of program
completion or for other reasons.
(D) The incidence and duration of disciplinary actions by race,
ethnicity, limited English proficiency status, gender, and
disability category, of children with disabilities, including
suspensions of 1 day or more.
(E) The number and percentage of children with disabilities who
are removed to alternative educational settings or expelled as
compared to children without disabilities who are removed to
alternative educational settings or expelled.
(F) The number of due process complaints filed under section
1415 of this title and the number of hearings conducted.
(G) The number of hearings requested under section 1415(k) of
this title and the number of changes in placements ordered as a
result of those hearings.
(H) The number of mediations held and the number of settlement
agreements reached through such mediations.
(2) The number and percentage of infants and toddlers, by race,
and ethnicity, who are at risk of having substantial
developmental delays (as defined in section 1432 of this title),
and who are receiving early intervention services under
subchapter III.
(3) Any other information that may be required by the
Secretary.
(b) Data reporting
(1) Protection of identifiable data
The data described in subsection (a) shall be publicly reported
by each State in a manner that does not result in the disclosure
of data identifiable to individual children.
(2) Sampling
The Secretary may permit States and the Secretary of the
Interior to obtain the data described in subsection (a) through
sampling.
(c) Technical assistance
The Secretary may provide technical assistance to States to
ensure compliance with the data collection and reporting
requirements under this chapter.
(d) Disproportionality
(1) In general
Each State that receives assistance under this subchapter, and
the Secretary of the Interior, shall provide for the collection
and examination of data to determine if significant
disproportionality based on race and ethnicity is occurring in
the State and the local educational agencies of the State with
respect to -
(A) the identification of children as children with
disabilities, including the identification of children as
children with disabilities in accordance with a particular
impairment described in section 1401(3) of this title;
(B) the placement in particular educational settings of such
children; and
(C) the incidence, duration, and type of disciplinary
actions, including suspensions and expulsions.
(2) Review and revision of policies, practices, and procedures
In the case of a determination of significant
disproportionality with respect to the identification of children
as children with disabilities, or the placement in particular
educational settings of such children, in accordance with
paragraph (1), the State or the Secretary of the Interior, as the
case may be, shall -
(A) provide for the review and, if appropriate, revision of
the policies, procedures, and practices used in such
identification or placement to ensure that such policies,
procedures, and practices comply with the requirements of this
chapter;
(B) require any local educational agency identified under
paragraph (1) to reserve the maximum amount of funds under
section 1413(f) of this title to provide comprehensive
coordinated early intervening services to serve children in the
local educational agency, particularly children in those groups
that were significantly overidentified under paragraph (1); and
(C) require the local educational agency to publicly report
on the revision of policies, practices, and procedures
described under subparagraph (A).