[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR200.7]

[Page 427-428]
 
                           TITLE 34--EDUCATION
 
              SECONDARY EDUCATION, DEPARTMENT OF EDUCATION
 
PART 200--TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED--
Table of Contents
 
   Subpart A--Improving Basic Programs Operated by Local Educational 
                                Agencies
 
Sec. 200.7  Disaggregation of data.

    (a) Statistically reliable information. (1) A State may not use 
disaggregated data for one or more subgroups under Sec. 200.2(b)(10) to 
report achievement results under section 1111(h) of the Act or to 
identify schools in need of improvement, corrective action, or 
restructuring under section 1116 of the Act if the number of students in 
those subgroups is insufficient to yield statistically reliable 
information.
    (2) Based on sound statistical methodology, a State must determine 
and justify in its State plan the minimum

[[Page 428]]

number of students sufficient to yield statistically reliable 
information for each purpose for which disaggregated data are used.
    (b) Personally identifiable information. (1) A State may not use 
disaggregated data for one or more subgroups under Sec. 200.2(b)(10) to 
report achievement results under section 1111(h) of the Act if the 
results would reveal personally identifiable information about an 
individual student.
    (2) To determine whether disaggregated results would reveal 
personally identifiable information about an individual student, a State 
must apply the requirements under section 444(b) of the General 
Education Provisions Act (the Family Educational Rights and Privacy Act 
of 1974).
    (3) Nothing in paragraph (b)(1) or (b)(2) of this section shall be 
construed to abrogate the responsibility of States to implement the 
requirements of section 1116(a) of the Act for determining whether 
States, LEAs, and schools are making adequate yearly progress on the 
basis of the performance of each subgroup under section 1111(b)(2)(C)(v) 
of the Act.
    (4) Each State shall include in its State plan, and each State and 
LEA shall implement, appropriate strategies to protect the privacy of 
individual students in reporting achievement results under section 
1111(h) of the Act and in determining whether schools and LEAs are 
making adequate yearly progress on the basis of disaggregated subgroups.
    (c) Inclusion of subgroups in assessments. If a subgroup under 
Sec. 200.2(b)(10) is not of sufficient size to produce statistically 
reliable results, the State must still include students in that subgroup 
in its State assessments under Sec. 200.2.
    (d) Disaggregation at the LEA and State. If the number of students 
in a subgroup is not statistically reliable at the school level, the 
State must include those students in disaggregations at each level for 
which the number of students is statistically reliable--e.g., the LEA or 
State level.

(Approved by the Office of Management and Budget under control number 
1810-0576)

(Authority: 20 U.S.C. 6311(b)(3); 1232g)

[67 FR 45042, July 5, 2002, as amended at 67 FR 71715, Dec. 2, 2002]