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U.S. Department of Education: Promoting Educational Excellence for all Americans
Statute: TITLE I / B / 616 / b

(b) State Performance Plans.--

(1) Plan.--

(A) In general.--Not later than 1 year after the date of enactment of the Individuals with Disabilities Education Improvement Act of 2004, each State shall have in place a performance plan that evaluates that State's efforts to implement the requirements and purposes of this part and describes how the State will improve such implementation.

(B) Submission for approval.--Each State shall submit the State's performance plan to the Secretary for approval in accordance with the approval process described in subsection (c).

(C) <<NOTE: Deadline.>> Review.--Each State shall review its State performance plan at least once every 6 years and submit any amendments to the Secretary.

(2) Targets.--

(A) In general.--As a part of the State performance plan described under paragraph (1), each State shall establish measurable and rigorous targets for the indicators established under the priority areas described in subsection (a)(3).

(B) Data collection.--

(i) In general.--Each State shall collect valid and reliable information as needed to report annually to the Secretary on the priority areas described in subsection (a)(3).

(ii) Rule of construction.--Nothing in this title shall be construed to authorize the development of a nationwide database of personally identifiable information on individuals involved in studies or other collections of data under this part.

(C) Public reporting and privacy.--

(i) In general.--The State shall use the targets established in the plan and priority areas described in subsection (a)(3) to analyze the performance of each local educational agency in the State in implementing this part.

(ii) Report.--

(I) Public report.--The State shall report annually to the public on the performance of each local educational agency located in the State on the targets in the State's performance plan. The State shall make the State's performance plan available through public means, including by posting on the website of the State educational agency, distribution to the media, and distribution through public agencies.

(II) State performance report.-- The State shall report annually to the Secretary on the performance of the State under the State's performance plan.

(iii) Privacy.--The State shall not report to the public or the Secretary any information on performance that would result in the disclosure of personally identifiable information about individual children or where the available data is insufficient to yield statistically reliable information.