Page:United States Statutes at Large Volume 118.djvu/2769

 118 STAT. 2739 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(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 disabil ities 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 615 and the number of hearings conducted. ‘‘(G) The number of hearings requested under section 615(k) 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 632), and who are receiving early intervention services under part C. ‘‘(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 sub section (a) through sampling. ‘‘(c) TECHNICAL ASSISTANCE.—The Secretary may provide tech nical assistance to States to ensure compliance with the data collec tion and reporting requirements under this title. ‘‘(d) DISPROPORTIONALITY.— ‘‘(1) IN GENERAL.—Each State that receives assistance under this part, and the Secretary of the Interior, shall provide for the collection and examination of data to determine if signifi cant 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 chil dren with disabilities in accordance with a particular impairment described in section 602(3); ‘‘(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 para graph (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,

�