ADMINISTRATION OF PROGRAM INFORMATION

Document items indicate requirements to be documented in the special education process. They can be addressed on forms or by a representative statement in a written dialogue.

Practice items are requirements, which must be reflected in practice.

34 Code of Federal Regulations § 300.211  Information for SEA. 
 
The LEA must provide the SEA with information necessary to enable the SEA to carry out its duties under Part B of the Act, including, with respect to §§300.157 and 300.160, information relating to the performance of children with disabilities participating in programs carried out under Part B of the Act.


Last Amended:  71 FR 46781, Aug. 14, 2006
Entered:  June 8, 2009
SBS

34 Code of Federal Regulations § 300.157  Performance goals and indicators.  

The State must—  

(a) Have in effect established goals for the performance of children with disabilities in the State that—   
   (1) Promote the purposes of this part, as stated in §300.1;   
   (2) Are the same as the State's long-term goals and measurements of interim progress for children with disabilities under section 1111(c)(4)(A)(i) of the ESEA.   
   (3) Address graduation rates and dropout rates, as well as such other factors as the State may determine; and   
   (4) Are consistent, to the extent appropriate, with any other goals and academic standards for children established by the State;  

(b) Have in effect established performance indicators the State will use to assess progress toward achieving the goals described in paragraph (a) of this section, including measurements of interim progress for children with disabilities under section 1111(c)(4)(A)(i)(cc) of the ESEA, 20 U.S.C. 6311; and  

(c) Annually report to the Secretary and the public on the progress of the State, and of children with disabilities in the State, toward meeting the goals established under paragraph (a) of this section, which may include elements of the reports required under section 1111(h) of the ESEA.


Last Amended:  82 FR 29760, June 30, 2017
Entered:  July 31, 2017
SBS

34 Code of Federal Regulations § 300.160   Participation in assessments.   

(a) General. A State must ensure that all children with disabilities are included in all general State and district-wide assessment programs, including assessments described under section 1111 of the ESEA, 20 U.S.C. 6311, with appropriate accommodations and alternate assessments, if necessary, as indicated in their respective IEPs.

(b) Accommodation guidelines. 
(1) A State (or, in the case of a district-wide assessment, an LEA) must develop guidelines for the provision of appropriate accommodations. 
(2) The State's (or, in the case of a district-wide assessment, the LEA's) guidelines must— 
(i) Identify only those accommodations for each assessment that do not invalidate the score; and 
(ii) Instruct IEP Teams to select, for each assessment, only those accommodations that do not invalidate the score.

(c) Alternate assessments aligned with alternate academic achievement standards for students with the most significant cognitive disabilities. 
(1) If a State has adopted alternate academic achievement standards for children with disabilities who are students with the most significant cognitive disabilities as permitted in section 1111(b)(1)(E) of the ESEA, the State (or, in the case of a district-wide assessment, an LEA) must develop and implement alternate assessments and guidelines for the participation in alternate assessments of those children with disabilities who cannot participate in regular assessments, even with accommodations, as indicated in their respective IEPs, as provided in paragraph (a) of this section.
(2) For assessing the academic progress of children with disabilities who are students with the most significant cognitive disabilities under title I of the ESEA, the alternate assessments and guidelines in paragraph (c)(1) of this section must—
(i) Be aligned with the challenging State academic content standards under section 1111(b)(1) of the ESEA and alternate academic achievement standards under section 1111(b)(1)(E) of the ESEA; and
(ii) Measure the achievement of children with disabilities who are students with the most significant cognitive disabilities against those standards.
(3) Consistent with section 1111(b)(1)(E)(ii) of the ESEA and 34 CFR 200.6(c)(6), a State may not adopt modified academic achievement standards or any other alternate academic achievement standards that do not meet the requirements in section 1111(b)(1)(E) of the ESEA for any children with disabilities under section 602(3) of the IDEA.

(e) Inform parents. A State (or in the case of a district-wide assessment, an LEA) must ensure that parents of students selected to be assessed using an alternate assessment aligned with alternate academic achievement standards under the State's guidelines in paragraph (c)(1) of this section are informed, consistent with 34 CFR 200.2(e), that their child's achievement will be measured based on alternate academic achievement standards, and of how participation in such assessments may delay or otherwise affect the student from completing the requirements for a regular high school diploma.

(f) Reports. An SEA (or, in the case of a district-wide assessment, an LEA) must make available to the public, and report to the public with the same frequency and in the same detail as it reports on the assessment of nondisabled children, the following:
(1) The number of children with disabilities participating in regular assessments, and the number of those children who were provided accommodations (that did not result in an invalid score) in order to participate in those assessments.
(2) The number of children with disabilities, if any, participating in alternate assessments based on grade-level academic achievement standards in school years prior to 2017-2018.
(3) The number of children with disabilities, if any, participating in alternate assessments aligned with modified academic achievement standards in school years prior to 2016-2017.
(4) The number of children with disabilities who are students with the most significant cognitive disabilities participating in alternate assessments aligned with alternate academic achievement standards.
(5) Compared with the achievement of all children, including children with disabilities, the performance results of children with disabilities on regular assessments, alternate assessments based on grade-level academic achievement standards (prior to 2017-2018), alternate assessments based on modified academic achievement standards (prior to 2016-2017), and alternate assessments aligned with alternate academic achievement standards if—
(i) The number of children participating in those assessments is sufficient to yield statistically reliable information; and
(ii) Reporting that information will not reveal personally identifiable information about an individual student on those assessments.
(g) Universal design. An SEA (or, in the case of a district-wide assessment, an LEA) must, to the extent possible, use universal design principles in developing and administering any assessments under this section.


Last Amended:  82 FR 29760, June 30, 2017
Entered:  July 31, 2017
SBS

Texas Education Code § 48.008 Public Education Information Management System (PEIMS).

(a) Each school district shall participate in the Public Education Information Management System (PEIMS) and shall provide through that system information required for the administration of this chapter and of other appropriate provisions of this code. 

(b) Each school district shall use a uniform accounting system adopted by the commissioner for the data required to be reported for the Public Education Information Management System. 

(c) Annually, the commissioner shall review the Public Education Information Management System and shall repeal or amend rules that require school districts to provide information through the Public Education Information Management System that is not necessary. In reviewing and revising the Public Education Information Management System, the commissioner shall develop rules to ensure that the system:     
(1) provides useful, accurate, and timely information on student demographics and academic performance, personnel, and school district finances;     
(2) contains only the data necessary for the legislature and the agency to perform their legally authorized functions in overseeing the public education system; and     
(3) does not contain any information related to instructional methods, except as provided by Section 29.066 or required by federal law. 

(d) The commissioner's rules must ensure that the Public Education Information Management System links student performance data to other related information for purposes of efficient and effective allocation of scarce school resources, to the extent practicable using existing agency resources and appropriations. 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.016, eff. September 1, 2019
Entered: July 23, 2019
SBS

Texas Education Code § 29.0011. Prohibited Performance Indicator.

(a) Notwithstanding Section 29.001(5), Section 29.010, or any other provision of this code, the commissioner or agency may not adopt or implement a performance indicator in any agency monitoring system, including the performance-based monitoring analysis system, that solely measures a school district’s or open-enrollment charter school’s aggregated number or percentage of enrolled students who receive special education services. 
. . . 

Last Amended: 85th Leg., R.S., Ch. 59 (S.B. 160), Sec. 1, eff. May 22, 2017 
Entered: July 31, 2017

Texas Education Code § 29.0011. Prohibited Performance Indicator. 

. . . 
(b) Subsection (a) does not prohibit or limit the commissioner or agency from meeting requirements under: 
(1) 20 U.S.C. Section 1418(d) and its implementing regulations to collect and examine data to determine whether significant disproportionality based on race or ethnicity is occurring in the state and in the school districts and open-enrollment charter schools in the state with respect to the: 
(A) identification of children as children with disabilities, including the identification of children as children with particular impairments; 
(B) placement of children with disabilities in particular educational settings; and 
(C) incidence, duration, and type of disciplinary actions taken against children with disabilities, including suspensions and expulsions; or 
. . . 

Last Amended: 85th Leg., R.S., Ch. 59 (S.B. 160), Sec. 1, eff. May 22, 2017 
Entered: July 31, 2017

34 Code of Federal Regulations § 300.646  Disproportionality.   

(a) General. Each State that receives assistance under Part B of the Act, and the Secretary of the Interior, must 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 LEAs of the State with respect to—   
    (1) 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 602(3) of the Act;   
    (2) The placement in particular educational settings of these children; and   
    (3) The incidence, duration, and type of disciplinary removals from placement, including suspensions and expulsions.   
Last Amended:  81 FR 92463, December 19, 2016
Entered:  Jan. 2, 2017

Texas Education Code § 48.008 Public Education Information Management System (PEIMS).

(a) Each school district shall participate in the Public Education Information Management System (PEIMS) and shall provide through that system information required for the administration of this chapter and of other appropriate provisions of this code. 

(b) Each school district shall use a uniform accounting system adopted by the commissioner for the data required to be reported for the Public Education Information Management System. 

(c) Annually, the commissioner shall review the Public Education Information Management System and shall repeal or amend rules that require school districts to provide information through the Public Education Information Management System that is not necessary. In reviewing and revising the Public Education Information Management System, the commissioner shall develop rules to ensure that the system:     
(1) provides useful, accurate, and timely information on student demographics and academic performance, personnel, and school district finances;     
(2) contains only the data necessary for the legislature and the agency to perform their legally authorized functions in overseeing the public education system; and     
(3) does not contain any information related to instructional methods, except as provided by Section 29.066 or required by federal law. 

(d) The commissioner's rules must ensure that the Public Education Information Management System links student performance data to other related information for purposes of efficient and effective allocation of scarce school resources, to the extent practicable using existing agency resources and appropriations. 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.016, eff. September 1, 2019
Entered: July 23, 2019
SBS

Texas Education Code § 29.0011. Prohibited Performance Indicator.

. . . 
(b) Subsection (a) does not prohibit or limit the commissioner or agency from meeting requirements under: 
(1) 20 U.S.C. Section 1418(d) and its implementing regulations to collect and examine data to determine whether significant disproportionality based on race or ethnicity is occurring in the state and in the school districts and open-enrollment charter schools in the state with respect to the: 
(A) identification of children as children with disabilities, including the identification of children as children with particular impairments; 
. . . 

Last Amended: 85th Leg., R.S., Ch. 59 (S.B. 160), Sec. 1, eff. May 22, 2017 
Entered: July 31, 2017

34 Code of Federal Regulations § 300.646  Disproportionality.   

(a) General. Each State that receives assistance under Part B of the Act, and the Secretary of the Interior, must 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 LEAs of the State with respect to—   
    (1) 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 602(3) of the Act;   
     . . . 
Last Amended:  81 FR 92463, December 19, 2016
Entered:  Jan. 2, 2017

Texas Education Code § 29.0011. Prohibited Performance Indicator.

. . . 
(b) Subsection (a) does not prohibit or limit the commissioner or agency from meeting requirements under: 
(1) 20 U.S.C. Section 1418(d) and its implementing regulations to collect and examine data to determine whether significant disproportionality based on race or ethnicity is occurring in the state and in the school districts and open-enrollment charter schools in the state with respect to the: 
. . .  
(B) placement of children with disabilities in particular educational settings; and 
. . .  

Last Amended: 85th Leg., R.S., Ch. 59 (S.B. 160), Sec. 1, eff. May 22, 2017 
Entered: July 31, 2017

34 Code of Federal Regulations § 300.646  Disproportionality.   

(a) General. Each State that receives assistance under Part B of the Act, and the Secretary of the Interior, must 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 LEAs of the State with respect to—   
    . . .    
    (2) The placement in particular educational settings of these children; and   
     . . . 
Last Amended:  81 FR 92463, December 19, 2016
Entered:  Jan. 2, 2017

Texas Education Code § 29.0011. Prohibited Performance Indicator. 

. . . 
(b) Subsection (a) does not prohibit or limit the commissioner or agency from meeting requirements under: 
(1) 20 U.S.C. Section 1418(d) and its implementing regulations to collect and examine data to determine whether significant disproportionality based on race or ethnicity is occurring in the state and in the school districts and open-enrollment charter schools in the state with respect to the: 
. . . 
(C) incidence, duration, and type of disciplinary actions taken against children with disabilities, including suspensions and expulsions; or 
. . . 

Last Amended: 85th Leg., R.S., Ch. 59 (S.B. 160), Sec. 1, eff. May 22, 2017 
Entered: July 31, 2017

34 Code of Federal Regulations § 300.646  Disproportionality.   

(a) General. Each State that receives assistance under Part B of the Act, and the Secretary of the Interior, must 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 LEAs of the State with respect to—   
    . . .    
        (3) The incidence, duration, and type of disciplinary removals from placement, including suspensions and expulsions.   
Last Amended:  81 FR 92463, December 19, 2016
Entered:  Jan. 2, 2017

34 Code of Federal Regulations § 300.646  Disproportionality.   

. . . 
(c) 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, including disciplinary removals of such children, in accordance with paragraphs (a) and (b) of this section, the State or the Secretary of the Interior must—
(1) Provide for the annual review and, if appropriate revision of the policies, practices, and procedures used in identification or placement in particular education settings, including disciplinary removals, to ensure that the policies, practices, and procedures comply with the requirements of the Act.
(2) Require the LEA to publicly report on the revision of policies, practices, and procedures described under paragraph (c)(1) of this section consistent with the requirements of the Family Educational Rights and Privacy Act, its implementing regulations in 34 CFR part 99, and Section 618(b)(1) of the Act. 
. . . 


Last Amended:  81 FR 92463, December 19, 2016
Entered:  Jan. 2, 2017

34 Code of Federal Regulations § 300.645  Annual report of children served—other responsibilities of the SEA.   

In addition to meeting the other requirements of §§300.640 through 300.644, the SEA must—   

(a) Establish procedures to be used by LEAs and other educational institutions in counting the number of children with disabilities receiving special education and related services;   
. . . 


Last Amended:  71 FR 46804, Aug. 14, 2006
Entered:  June 9, 2009

Texas Education Code § 48.008 Public Education Information Management System (PEIMS).

(a) Each school district shall participate in the Public Education Information Management System (PEIMS) and shall provide through that system information required for the administration of this chapter and of other appropriate provisions of this code. 

(b) Each school district shall use a uniform accounting system adopted by the commissioner for the data required to be reported for the Public Education Information Management System. 

(c) Annually, the commissioner shall review the Public Education Information Management System and shall repeal or amend rules that require school districts to provide information through the Public Education Information Management System that is not necessary. In reviewing and revising the Public Education Information Management System, the commissioner shall develop rules to ensure that the system:     
(1) provides useful, accurate, and timely information on student demographics and academic performance, personnel, and school district finances;     
(2) contains only the data necessary for the legislature and the agency to perform their legally authorized functions in overseeing the public education system; and     
(3) does not contain any information related to instructional methods, except as provided by Section 29.066 or required by federal law. 

(d) The commissioner's rules must ensure that the Public Education Information Management System links student performance data to other related information for purposes of efficient and effective allocation of scarce school resources, to the extent practicable using existing agency resources and appropriations. 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.016, eff. September 1, 2019
Entered: July 23, 2019
SBS

20 United States Code § 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. 
. . . 


Last Amended:  Pub. L. 108-446, title I, Sec. 101, Dec. 3, 2004, 118 Stat. 2738
Entered:  May 26, 2009

20 United States Code § 7801. Definitions. 

Except as otherwise provided, in this chapter: 
. . . 
(20) English learner
The term "English learner", when used with respect to an individual, means an individual-
(A) who is aged 3 through 21;
(B) who is enrolled or preparing to enroll in an elementary school or secondary school;
(C)
(i) who was not born in the United States or whose native language is a language other than English;
(ii)
(I) who is a Native American or Alaska Native, or a native resident of the outlying areas; and
(II) who comes from an environment where a language other than English has had a significant impact on the individual's level of English language proficiency; or
(iii) who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and
(D) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual-
(i) the ability to meet the challenging State academic standards;
(ii) the ability to successfully achieve in classrooms where the language of instruction is English; or
(iii) the opportunity to participate fully in society.
. . . 


Last Amended:  Pub. L. 114–95, title VIII, §§8001(a)(1), (b)(2), (3), 8002, Dec. 10, 2015, 129 Stat. 2088, 2089
Entered:  Aug. 21, 2017

34 Code of Federal Regulations § 300.27  Limited English proficient. 

Limited English proficient has the meaning given the term `English learner' in section 8101 of the ESEA. 


Last Amended:  82 FR 29759, June 30, 2017
Entered:  July 24, 2017
SBS

20 United States Code § 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. 
. . . 


Last Amended:  Pub. L. 108-446, title I, Sec. 101, Dec. 3, 2004, 118 Stat. 2738
Entered:  May 26, 2009

34 Code of Federal Regulations § 300.645  Annual report of children served—other responsibilities of the SEA.   

In addition to meeting the other requirements of §§300.640 through 300.644, the SEA must—   

(a) Establish procedures to be used by LEAs and other educational institutions in counting the number of children with disabilities receiving special education and related services;   
. . . 


Last Amended:  71 FR 46804, Aug. 14, 2006
Entered:  June 9, 2009

Texas Education Code § 48.008 Public Education Information Management System (PEIMS).

(a) Each school district shall participate in the Public Education Information Management System (PEIMS) and shall provide through that system information required for the administration of this chapter and of other appropriate provisions of this code. 

(b) Each school district shall use a uniform accounting system adopted by the commissioner for the data required to be reported for the Public Education Information Management System. 

(c) Annually, the commissioner shall review the Public Education Information Management System and shall repeal or amend rules that require school districts to provide information through the Public Education Information Management System that is not necessary. In reviewing and revising the Public Education Information Management System, the commissioner shall develop rules to ensure that the system:     
(1) provides useful, accurate, and timely information on student demographics and academic performance, personnel, and school district finances;     
(2) contains only the data necessary for the legislature and the agency to perform their legally authorized functions in overseeing the public education system; and     
(3) does not contain any information related to instructional methods, except as provided by Section 29.066 or required by federal law. 

(d) The commissioner's rules must ensure that the Public Education Information Management System links student performance data to other related information for purposes of efficient and effective allocation of scarce school resources, to the extent practicable using existing agency resources and appropriations. 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.016, eff. September 1, 2019
Entered: July 23, 2019
SBS

20 United States Code § 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. 
. . . 


Last Amended:  Pub. L. 108-446, title I, Sec. 101, Dec. 3, 2004, 118 Stat. 2738
Entered:  May 26, 2009

20 United States Code § 7801. Definitions. 

Except as otherwise provided, in this chapter: 
. . . 
(20) English learner
The term "English learner", when used with respect to an individual, means an individual-
(A) who is aged 3 through 21;
(B) who is enrolled or preparing to enroll in an elementary school or secondary school;
(C)
(i) who was not born in the United States or whose native language is a language other than English;
(ii)
(I) who is a Native American or Alaska Native, or a native resident of the outlying areas; and
(II) who comes from an environment where a language other than English has had a significant impact on the individual's level of English language proficiency; or
(iii) who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and
(D) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual-
(i) the ability to meet the challenging State academic standards;
(ii) the ability to successfully achieve in classrooms where the language of instruction is English; or
(iii) the opportunity to participate fully in society.
. . . 


Last Amended:  Pub. L. 114–95, title VIII, §§8001(a)(1), (b)(2), (3), 8002, Dec. 10, 2015, 129 Stat. 2088, 2089
Entered:  Aug. 21, 2017

34 Code of Federal Regulations § 300.27  Limited English proficient. 

Limited English proficient has the meaning given the term `English learner' in section 8101 of the ESEA. 


Last Amended:  82 FR 29759, June 30, 2017
Entered:  July 24, 2017
SBS

20 United States Code § 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: 
  . . . 
         (ii) Participating in regular education. 
. . . 

Last Amended:  Pub. L. 108-446, title I, Sec. 101, Dec. 3, 2004, 118 Stat. 2738
Entered:  May 26, 2009

20 United States Code § 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: 
. . . 
         (iii) In separate classes, separate schools or facilities, or public or private residential facilities. 
. . . 

Last Amended:  Pub. L. 108-446, title I, Sec. 101, Dec. 3, 2004, 118 Stat. 2738
Entered:  May 26, 2009

34 Code of Federal Regulations § 300.645  Annual report of children served—other responsibilities of the SEA.   

In addition to meeting the other requirements of §§300.640 through 300.644, the SEA must—   

(a) Establish procedures to be used by LEAs and other educational institutions in counting the number of children with disabilities receiving special education and related services;   
. . . 


Last Amended:  71 FR 46804, Aug. 14, 2006
Entered:  June 9, 2009

Texas Education Code § 48.008 Public Education Information Management System (PEIMS).

(a) Each school district shall participate in the Public Education Information Management System (PEIMS) and shall provide through that system information required for the administration of this chapter and of other appropriate provisions of this code. 

(b) Each school district shall use a uniform accounting system adopted by the commissioner for the data required to be reported for the Public Education Information Management System. 

(c) Annually, the commissioner shall review the Public Education Information Management System and shall repeal or amend rules that require school districts to provide information through the Public Education Information Management System that is not necessary. In reviewing and revising the Public Education Information Management System, the commissioner shall develop rules to ensure that the system:     
(1) provides useful, accurate, and timely information on student demographics and academic performance, personnel, and school district finances;     
(2) contains only the data necessary for the legislature and the agency to perform their legally authorized functions in overseeing the public education system; and     
(3) does not contain any information related to instructional methods, except as provided by Section 29.066 or required by federal law. 

(d) The commissioner's rules must ensure that the Public Education Information Management System links student performance data to other related information for purposes of efficient and effective allocation of scarce school resources, to the extent practicable using existing agency resources and appropriations. 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.016, eff. September 1, 2019
Entered: July 23, 2019
SBS

20 United States Code § 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. 
. . . 


Last Amended:  Pub. L. 108-446, title I, Sec. 101, Dec. 3, 2004, 118 Stat. 2738
Entered:  May 26, 2009

20 United States Code § 7801. Definitions. 

Except as otherwise provided, in this chapter: 
. . . 
(20) English learner
The term "English learner", when used with respect to an individual, means an individual-
(A) who is aged 3 through 21;
(B) who is enrolled or preparing to enroll in an elementary school or secondary school;
(C)
(i) who was not born in the United States or whose native language is a language other than English;
(ii)
(I) who is a Native American or Alaska Native, or a native resident of the outlying areas; and
(II) who comes from an environment where a language other than English has had a significant impact on the individual's level of English language proficiency; or
(iii) who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and
(D) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual-
(i) the ability to meet the challenging State academic standards;
(ii) the ability to successfully achieve in classrooms where the language of instruction is English; or
(iii) the opportunity to participate fully in society.
. . . 


Last Amended:  Pub. L. 114–95, title VIII, §§8001(a)(1), (b)(2), (3), 8002, Dec. 10, 2015, 129 Stat. 2088, 2089
Entered:  Aug. 21, 2017

34 Code of Federal Regulations § 300.27  Limited English proficient. 

Limited English proficient has the meaning given the term `English learner' in section 8101 of the ESEA. 


Last Amended:  82 FR 29759, June 30, 2017
Entered:  July 24, 2017
SBS

20 United States Code § 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: 
. . .
         (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. 
. . . 

Last Amended:  Pub. L. 108-446, title I, Sec. 101, Dec. 3, 2004, 118 Stat. 2738
Entered:  May 26, 2009

34 Code of Federal Regulations § 300.132  Provision of services for parentally-placed private school children with disabilities—basic requirement.  

. . . 
(c) Record keeping. Each LEA must maintain in its records, and provide to the SEA, the following information related to parentally-placed private school children covered under §§300.130 through 300.144:   
    (1) The number of children evaluated;   
    (2) The number of children determined to be children with disabilities; and   
    (3) The number of children served.


Last Amended:  71 FR 46766, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.160   Participation in assessments.    

. . . 
(f) Reports. An SEA (or, in the case of a district-wide assessment, an LEA) must make available to the public, and report to the public with the same frequency and in the same detail as it reports on the assessment of nondisabled children, the following:
(1) The number of children with disabilities participating in regular assessments, and the number of those children who were provided accommodations (that did not result in an invalid score) in order to participate in those assessments.
(2) The number of children with disabilities, if any, participating in alternate assessments based on grade-level academic achievement standards in school years prior to 2017-2018.
(3) The number of children with disabilities, if any, participating in alternate assessments aligned with modified academic achievement standards in school years prior to 2016-2017.
(4) The number of children with disabilities who are students with the most significant cognitive disabilities participating in alternate assessments aligned with alternate academic achievement standards.
(5) Compared with the achievement of all children, including children with disabilities, the performance results of children with disabilities on regular assessments, alternate assessments based on grade-level academic achievement standards (prior to 2017-2018), alternate assessments based on modified academic achievement standards (prior to 2016-2017), and alternate assessments aligned with alternate academic achievement standards if—
(i) The number of children participating in those assessments is sufficient to yield statistically reliable information; and
(ii) Reporting that information will not reveal personally identifiable information about an individual student on those assessments.


Last Amended:  82 FR 29760, June 30, 2017 
Entered:  July 31, 2017

34 Code of Federal Regulations § 300.160   Participation in assessments.    

. . . 
(f) Reports. An SEA (or, in the case of a district-wide assessment, an LEA) must make available to the public, and report to the public with the same frequency and in the same detail as it reports on the assessment of nondisabled children, the following:
(1) The number of children with disabilities participating in regular assessments, and the number of those children who were provided accommodations (that did not result in an invalid score) in order to participate in those assessments.
. . . 


Last Amended:  82 FR 29760, June 30, 2017 
Entered:  July 31, 2017

34 Code of Federal Regulations § 300.160   Participation in assessments.    

. . . 
(f) Reports. An SEA (or, in the case of a district-wide assessment, an LEA) must make available to the public, and report to the public with the same frequency and in the same detail as it reports on the assessment of nondisabled children, the following:
. . . 
(2) The number of children with disabilities, if any, participating in alternate assessments based on grade-level academic achievement standards in school years prior to 2017-2018.
. . . 


Last Amended:  82 FR 29760, June 30, 2017 
Entered:  July 31, 2017

34 Code of Federal Regulations § 300.160   Participation in assessments.    

. . . 
(f) Reports. An SEA (or, in the case of a district-wide assessment, an LEA) must make available to the public, and report to the public with the same frequency and in the same detail as it reports on the assessment of nondisabled children, the following:
. . . 
(3) The number of children with disabilities, if any, participating in alternate assessments aligned with modified academic achievement standards in school years prior to 2016-2017.
. . . 


Last Amended:  82 FR 29760, June 30, 2017 
Entered:  July 31, 2017

34 Code of Federal Regulations § 300.160   Participation in assessments.    

. . . 
(f) Reports. An SEA (or, in the case of a district-wide assessment, an LEA) must make available to the public, and report to the public with the same frequency and in the same detail as it reports on the assessment of nondisabled children, the following:
. . . 
(4) The number of children with disabilities who are students with the most significant cognitive disabilities participating in alternate assessments aligned with alternate academic achievement standards.
. . . 


Last Amended:  82 FR 29760, June 30, 2017 
Entered:  July 31, 2017

34 Code of Federal Regulations § 300.160   Participation in assessments.    

. . . 
(f) Reports. An SEA (or, in the case of a district-wide assessment, an LEA) must make available to the public, and report to the public with the same frequency and in the same detail as it reports on the assessment of nondisabled children, the following:
. . . 
(5) Compared with the achievement of all children, including children with disabilities, the performance results of children with disabilities on regular assessments, alternate assessments based on grade-level academic achievement standards (prior to 2017-2018), alternate assessments based on modified academic achievement standards (prior to 2016-2017), and alternate assessments aligned with alternate academic achievement standards if—
(i) The number of children participating in those assessments is sufficient to yield statistically reliable information; and
(ii) Reporting that information will not reveal personally identifiable information about an individual student on those assessments.
Last Amended:  82 FR 29760, June 30, 2017 
Entered:  July 31, 2017

34 Code of Federal Regulations § 300.645  Annual report of children served—other responsibilities of the SEA.   

In addition to meeting the other requirements of §§300.640 through 300.644, the SEA must—   

(a) Establish procedures to be used by LEAs and other educational institutions in counting the number of children with disabilities receiving special education and related services;   
. . . 


Last Amended:  71 FR 46804, Aug. 14, 2006
Entered:  June 9, 2009

Texas Education Code § 48.008 Public Education Information Management System (PEIMS).

(a) Each school district shall participate in the Public Education Information Management System (PEIMS) and shall provide through that system information required for the administration of this chapter and of other appropriate provisions of this code. 

(b) Each school district shall use a uniform accounting system adopted by the commissioner for the data required to be reported for the Public Education Information Management System. 

(c) Annually, the commissioner shall review the Public Education Information Management System and shall repeal or amend rules that require school districts to provide information through the Public Education Information Management System that is not necessary. In reviewing and revising the Public Education Information Management System, the commissioner shall develop rules to ensure that the system:     
(1) provides useful, accurate, and timely information on student demographics and academic performance, personnel, and school district finances;     
(2) contains only the data necessary for the legislature and the agency to perform their legally authorized functions in overseeing the public education system; and     
(3) does not contain any information related to instructional methods, except as provided by Section 29.066 or required by federal law. 

(d) The commissioner's rules must ensure that the Public Education Information Management System links student performance data to other related information for purposes of efficient and effective allocation of scarce school resources, to the extent practicable using existing agency resources and appropriations. 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.016, eff. September 1, 2019
Entered: July 23, 2019
SBS

20 United States Code § 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. 
. . . 


Last Amended:  Pub. L. 108-446, title I, Sec. 101, Dec. 3, 2004, 118 Stat. 2738
Entered:  May 26, 2009

20 United States Code § 7801. Definitions. 

Except as otherwise provided, in this chapter: 
. . . 
(20) English learner
The term "English learner", when used with respect to an individual, means an individual-
(A) who is aged 3 through 21;
(B) who is enrolled or preparing to enroll in an elementary school or secondary school;
(C)
(i) who was not born in the United States or whose native language is a language other than English;
(ii)
(I) who is a Native American or Alaska Native, or a native resident of the outlying areas; and
(II) who comes from an environment where a language other than English has had a significant impact on the individual's level of English language proficiency; or
(iii) who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and
(D) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual-
(i) the ability to meet the challenging State academic standards;
(ii) the ability to successfully achieve in classrooms where the language of instruction is English; or
(iii) the opportunity to participate fully in society.
. . . 


Last Amended:  Pub. L. 114–95, title VIII, §§8001(a)(1), (b)(2), (3), 8002, Dec. 10, 2015, 129 Stat. 2088, 2089
Entered:  Aug. 21, 2017

34 Code of Federal Regulations § 300.27  Limited English proficient. 

Limited English proficient has the meaning given the term `English learner' in section 8101 of the ESEA. 


Last Amended:  82 FR 29759, June 30, 2017
Entered:  July 24, 2017
SBS

20 United States Code § 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: 
. . . 
         (v) 
            (I) Removed to an interim alternative educational setting under section 1415 (k)(1) of this title. 
. . . 


Last Amended:  Pub. L. 108-446, title I, Sec. 101, Dec. 3, 2004, 118 Stat. 2738
Entered:  May 26, 2009

20 United States Code § 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: 
. . . 
         (v) 
. . . 
            (II) The acts or items precipitating those removals. 
. . . 

Last Amended:  Pub. L. 108-446, title I, Sec. 101, Dec. 3, 2004, 118 Stat. 2738
Entered:  May 26, 2009

20 United States Code § 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: 
. . . 
         (v) 
. . . 
            (III) The number of children with disabilities who are subject to long-term suspensions or expulsions. 
. . . 


Last Amended:  Pub. L. 108-446, title I, Sec. 101, Dec. 3, 2004, 118 Stat. 2738
Entered:  May 26, 2009

34 Code of Federal Regulations § 300.170  Suspension and expulsion rates.  

(a) General. The SEA must examine data, including data disaggregated by race and ethnicity, to determine if significant discrepancies are occurring in the rate of long-term suspensions and expulsions of children with disabilities—   
    (1) Among LEAs in the State; or   
    (2) Compared to the rates for nondisabled children within those agencies.   
. . .      


Last Amended:  71 FR 46774, Aug. 14, 2006
Entered:  May 28, 2009

20 United States Code § 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) 
. . . 
      (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. 
. . . 


Last Amended:  Pub. L. 108-446, title I, Sec. 101, Dec. 3, 2004, 118 Stat. 2738
Entered:  May 26, 2009

20 United States Code § 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) 
. . . 
      (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. 
. . . 


Last Amended:  Pub. L. 108-446, title I, Sec. 101, Dec. 3, 2004, 118 Stat. 2738
Entered:  May 26, 2009

34 Code of Federal Regulations § 300.170  Suspension and expulsion rates.  

(a) General. The SEA must examine data, including data disaggregated by race and ethnicity, to determine if significant discrepancies are occurring in the rate of long-term suspensions and expulsions of children with disabilities—   
. . .   
(2) Compared to the rates for nondisabled children within those agencies.   
. . .       


Last Amended:  71 FR 46774, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.229  Disciplinary information.  

(a) The State may require that a public agency include in the records of a child with a disability a statement of any current or previous disciplinary action that has been taken against the child and transmit the statement to the same extent that the disciplinary information is included in, and transmitted with, the student records of nondisabled children.  
. . . 


Last Amended:  71 FR 46783, Aug. 14, 2006
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.229  Disciplinary information.   

. . . 
(b) The statement may include a description of any behavior engaged in by the child that required disciplinary action, a description of the disciplinary action taken, and any other information that is relevant to the safety of the child and other individuals involved with the child.  
. . . 


Last Amended:  71 FR 46783, Aug. 14, 2006
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.229  Disciplinary information.   

. . . 
(b) The statement may include a description of any behavior engaged in by the child that required disciplinary action, a description of the disciplinary action taken, and any other information that is relevant to the safety of the child and other individuals involved with the child.  
. . . 


Last Amended:  71 FR 46783, Aug. 14, 2006
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.213  Records regarding migratory children with disabilities. 
 
The LEA must cooperate in the Secretary’s efforts under section 1308 of the ESEA to ensure the linkage of records pertaining to migratory children with disabilities for the purpose of electronically exchanging, among the States, health and educational information regarding those children.


Last Amended:  71 FR 46781, Aug. 14, 2006
Entered:  June 8, 2009
SBS

 20 United States Code § 6398. Coordination of migrant education activities. 

. . . 
(b) Student records
(1) Assistance
The Secretary shall assist States in the electronic transfer of student records and in determining the number of migratory children in each State.
(2) Information system
(A) In general
The Secretary, in consultation with the States, shall ensure the linkage of migrant student record systems for the purpose of electronically exchanging, among the States, health and educational information regarding all migratory students eligible under this part. The Secretary shall ensure that such linkage occurs in a cost-effective manner, utilizing systems used by the States prior to, or developed after, December 10, 2015. Such information may include-
(i) immunization records and other health information;
(ii) elementary and secondary academic history (including partial credit), credit accrual, and results from State assessments under section 6311(b)(2) of this title;
(iii) other academic information essential to ensuring that migratory children achieve to the challenging State academic standards; and
(iv) eligibility for services under the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.].
(B) Consultation
The Secretary shall maintain ongoing consultation with the States, local educational agencies, and other migratory student service providers on-
(i) the effectiveness of the system described in subparagraph (A); and
(ii) the ongoing improvement of such system.
(C) Notice and comment
After consulting with the States under subparagraph (A), the Secretary shall publish a notice in the Federal Register seeking public comment on any new proposed data elements that each State receiving funds under this part shall be required to collect for purposes of electronic transfer of migratory student information and the requirements that States shall meet for immediate electronic access to such information.
(3) No cost for certain transfers
A State educational agency or local educational agency receiving assistance under this part shall make student records available to another State educational agency or local educational agency that requests the records at no cost to the requesting agency, if the request is made in order to meet the needs of a migratory child.
. . . 


Last Amended:  Pub. L. 114–95, title I, §1301(g), Dec. 10, 2015, 129 Stat. 1898
Entered:  Aug. 24, 2016

34 Code of Federal Regulations § 300.227  Direct services by the SEA.  

(a) General. 
    (1) An SEA must use the payments that would otherwise have been available to an LEA or to a State agency to provide special education and related services directly to children with disabilities residing in the area served by that LEA, or for whom that State agency is responsible, if the SEA determines that the LEA or State agency—   
       (i) Has not provided the information needed to establish the eligibility of the LEA or State agency, or elected not to apply for its Part B allotment, under Part B of the Act;   
. . . 


Last Amended:  71 FR 46783, Aug. 14, 2006
Entered:  June 8, 2009

OSEP Letter to Woolsey (June 26, 2012)

OSEP 07-09 Memorandum to State Directors of Special Education (April 24, 2007)

Performance-Based Monitoring Analysis System (PBMAS) Overview (TEA)