Current through Register Vol. 28, No. 3, September 1, 2024
2.1 State performance plan and annual performance reports: The DOE will submit a State performance plan to the United States Department of Education at such times and in such manner and format as required by the Secretary of the United States Department of Education.
2.1.1 The state performance plan will include measurable and rigorous targets for any indicators required by the Secretary of the United States Department of Education for the priority areas in 1.4.
2.1.2 The DOE will make the State's performance plan available through public means, including posting it on DOE's website, distributing it to the media and distributing it through other public agencies within a reasonable time after its federal submission.
2.1.3 The DOE willreport annually to the United States Department of Education on the performance of the State under the State's performance plan, in the manner and format required by the United State Secretary of Education.
2.1.3.1 The DOE will make available through public means any annual State performance report the DOE submits to the United States Department of Education, including posting it on the DOE's website, and distributing it to the media and through other public agencies within a reasonable time after its federal submission.
2.1.4 Federal determination review: The Secretary of the United State's Department of Education annually reviews the State's annual performance report, submitted under 2.1.3, and determines whether the State meets the requirements and purposes of Part B of the Act, and if not, the level of assistance and intervention the State requires to meet those requirements and purposes. The DOE will make the Secretary's determination publicly available by posting it on the DOE's website within a reasonable time after its federal submission.
2.2 DOE public reporting of LEA performance.
2.2.1
LEA Obligations: Each LEA shall use the targets established in the State's performance plan, and the priority areas described in 1.4,
to analyze and report on its performance to the DOE. The LEA's report shall be submitted in the manner and format required by the DOE.
2.2.2 The DOE will report annually to the public on the performance of each LEA located in the State on the targets in the State's performance plan as soon as practicable, but no later than 120 days following the DOE's submission of its annual performance report to the Secretary of the United States Department of Education. The DOE will also make available through public means any report on the performance of an LEA on the targets in the State's performance plan, including posting it on the DOE's website, and distributing it to the media and through other means. If the DOE collects performance data through monitoring or sampling, the DOE will include in its report the most recently available performance data on each LEA, and the date the data were obtained.
2.3 Privacy: The DOE willnot report to the public or the Secretary of the United States Department of Education any information on performance that would result in the disclosure of personally identifiable information about individual children, or where the available data are insufficient to yield statistically reliable information. The DOE's obligation under this subsection shall not be construed to create an individual cause of action for its violation.
(Authority: 20 U.S.C. 1416(b); 14 Del.C.
§§
122 and 3110)
