§ 1418. — Program information.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC1418]
TITLE 20--EDUCATION
CHAPTER 33--EDUCATION OF INDIVIDUALS WITH DISABILITIES
SUBCHAPTER II--ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH
DISABILITIES
Sec. 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, Sec. 618, as added Pub. L. 105-17, title I,
Sec. 101, June 4, 1997, 111 Stat. 101.)
Prior Provisions
A prior section 1418, Pub. L. 91-230, title VI, Sec. 618, as added
Pub. L. 94-142, Sec. 5(a), Nov. 29, 1975, 89 Stat. 791; amended Pub. L.
98-199, Secs. 3(b), 8, Dec. 2, 1983, 97 Stat. 1358, 1360; Pub. L. 99-
457, title IV, Sec. 406, Oct. 8, 1986, 100 Stat. 1174; Pub. L. 100-630,
title I, Sec. 102(h), Nov. 7, 1988, 102 Stat. 3295; Pub. L. 101-476,
title II, Sec. 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.
