§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-

(1)(A) on-

(i) the number of children with disabilities, by race, ethnicity, and disability category, who are receiving a free appropriate public education;

(ii) the number of children with disabilities, by race and ethnicity, who are receiving early intervention services;

(iii) the number of children with disabilities, by race, ethnicity, and disability category, who are participating in regular education;

(iv) the number of children with disabilities, by race, ethnicity, and disability category, who are in separate classes, separate schools or facilities, or public or private residential facilities;

(v) the number of children with disabilities, by race, ethnicity, and disability category, who, for each year of age from age 14 to 21, stopped receiving special education and related services because of program completion or other reasons and the reasons why those children stopped receiving special education and related services;

(vi) the number of children with disabilities, by race and ethnicity, who, from birth through age 2, stopped receiving early intervention services because of program completion or for other reasons; and

(vii)(I) the number of children with disabilities, by race, ethnicity, and disability category, who under subparagraphs (A)(ii) and (B) of section 1415(k)(1) of this title, are removed to an interim alternative educational setting;

(II) the acts or items precipitating those removals; and

(III) the number of children with disabilities who are subject to long-term suspensions or expulsions; and

(B) on the number of infants and toddlers, by race and ethnicity, who are at risk of having substantial developmental delays (as described in section 1432 of this title), and who are receiving early intervention services under subchapter III of this chapter; and

(2) on any other information that may be required by the Secretary.

(b) Sampling

The Secretary may permit States and the Secretary of the Interior to obtain the data described in subsection (a) of this section through sampling.

(c) 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 is occurring in 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; and

(B) the placement in particular educational settings of such children.

(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 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.

(Pub. L. 91–230, title VI, §618, as added Pub. L. 105–17, title I, §101, June 4, 1997, 111 Stat. 101 .)

Prior Provisions

A prior section 1418, Pub. L. 91–230, title VI, §618, as added Pub. L. 94–142, §5(a), Nov. 29, 1975, 89 Stat. 791 ; amended Pub. L. 98–199, §§3(b), 8, Dec. 2, 1983, 97 Stat. 1358 , 1360; Pub. L. 99–457, title IV, §406, Oct. 8, 1986, 100 Stat. 1174 ; Pub. L. 100–630, title I, §102(h), Nov. 7, 1988, 102 Stat. 3295 ; Pub. L. 101–476, title II, §203, Oct. 30, 1990, 104 Stat. 1112 , related to evaluation and program information, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17.

Effective Date

Section effective July 1, 1998, see section 201(a)(2)(A) of Pub. L. 105–17, set out as a note under section 1400 of this title.

Section Referred to in Other Sections

This section is referred to in sections 1411, 1412, 1417, 1435, 1442, 1474, 4304 of this title; title 42 section 6022.