20 U.S.C. § 1418 — Program information

(a) Each State receiving assistance under this subchapter and the Secretary of the Interior must give the Secretary of Education and the public data every year. (1) The data must include, by race, ethnicity, limited-English-proficiency status, gender, and disability category, the number and percentage of children with disabilities who are: (A) receiving a free appropriate public education; (B) in regular education; (C) in separate classes, schools, or facilities, or public or private residential facilities; (D) ages 14 through 21 who stopped receiving special education and related services because they completed the program, including by graduating with a regular diploma, or for another reason, and the reasons; and (E) (i) removed to an interim alternative educational setting under section 1415(k)(1), (ii) the acts or items causing those removals, and (iii) subject to long-term suspension or expulsion. The data must also include: (F) the number and percentage of children with disabilities receiving early-intervention services, by race, gender, and ethnicity; (G) the number and percentage of children with disabilities from birth through age 2 who stopped early-intervention services because of completion or another reason, by race, gender, and ethnicity; (H) the incidence and duration of discipline, including suspensions of one day or more, by race, ethnicity, limited-English-proficiency status, gender, and disability category; (I) the number and percentage of children with disabilities removed to alternative settings or expelled compared with children without disabilities; (J) due-process complaints filed under section 1415 and hearings held; (K) hearings requested under section 1415(k) and placement changes ordered because of them; and (L) mediations held and settlement agreements reached through mediation. (2) It must include the number and percentage, by race and ethnicity, of infants and toddlers at risk of substantial developmental delay, as “substantial developmental delays” is defined in section 1432, who receive subchapter III early-intervention services. (3) It must include any other information the Secretary requires. (b) (1) States must report the subsection (a) data publicly in a way that does not reveal data identifying individual children. (2) The Secretary may allow States and the Secretary of the Interior to obtain the data through sampling. (c) The Secretary may give States technical assistance to help them meet this chapter’s data-collection and reporting requirements. (d) (1) Each assisted State and the Secretary of the Interior must arrange to collect and examine data to determine whether significant racial or ethnic disproportionality exists in the State or its local educational agencies concerning (A) identifying children as children with disabilities, including by a particular impairment listed in section 1401(3); (B) placing those children in particular educational settings; or (C) the incidence, length, and type of discipline, including suspensions and expulsions. (2) If significant disproportionality is found in identification or placement, the State or Secretary of the Interior, as applicable, must (A) review and, when appropriate, revise the policies, procedures, and practices to comply with this chapter; (B) require the affected local educational agency to reserve the maximum amount allowed under section 1413(f) for comprehensive, coordinated early-intervening services, especially for groups significantly overidentified; and (C) require the agency to publicly report the policy, procedure, and practice revisions.