To amend section 1111(c) of the ESEA to require States to provide an assurance regarding cross-tabulation of student data.

SA 2249. Ms. WARREN (for herself, Mr. Gardner, and Ms. Hirono)
submitted an amendment intended to be proposed to amendment SA 2089
submitted by Mr. Alexander (for himself and Mrs. Murray) to the bill S.
1177, to reauthorize the Elementary and Secondary Education Act of 1965
to ensure that every child achieves; which was ordered to lie on the
table; as follows:

On page 73, line 12, strike the period at the end and
insert the following: ``; and
``(N) the State educational agency will provide the
information described in clauses (ii), (iii), and (iv) of
subsection (d)(1)(C) to the public in an easily accessible
and user-friendly manner that can be cross-tabulated by, at a
minimum, each major racial and ethnic group, gender, English
proficiency, and students with or without disabilities,
which--
``(i) may be accomplished by including such information on
the annual State report card described subsection (d)(1)(C));
and
``(ii) shall be presented in a manner that--

``(I) is first anonymized and does not reveal personally
identifiable information about an individual student;
``(II) does not include a number of students in any
category of students that is insufficient to yield
statistically reliable information or that would reveal
personally identifiable information about an individual
student; and
``(III) is consistent with the requirements of section 444
of the General Education Provisions Act (20 U.S.C. 1232g,
commonly known as the `Family Educational Rights and Privacy
Act of 1974').

``(3) Rules of construction.--Nothing in paragraph (2)(N)
shall be construed to--
``(A) require groups of students obtained by any entity
that cross-tabulates the information provided under such
paragraph to be considered categories of students under
subsection (b)(3)(A) for the purposes of the State
accountability system under subsection (b)(3); or
``(B) to prohibit States from publicly reporting data in a
cross-tabulated manner, in order to meet the requirements of
paragraph (2)(N).
``(4) Technical assistance.--Upon request by a State
educational agency, the Secretary shall provide technical
assistance to such agency in order to meet the requirements
of paragraph (2)(N).
On page 189, after line 23, insert the following:
``(5) Designing the report cards and reports under section
1111(d) in an easily accessible, user-friendly manner that
cross-tabulates student information by any category the State
determines appropriate, as long as such cross-tabulation--
``(A) does not reveal personally identifiable information
about an individual student; and
``(B) is derived from existing State and local reporting
requirements and data sources.
``(b) Rule of Construction.--Nothing in paragraph (5) shall
be construed as authorizing, requiring, or allowing any
additional reporting requirements, data elements, or
information to be reported to the Secretary not otherwise
explicitly authorized under this Act.
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