[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR200.7]



[Page 448-449]

 

                           TITLE 34--EDUCATION

 

                  CHAPTER II--OFFICE OF ELEMENTARY AND

              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 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



[[Page 449]]



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]