(b) Public reporting and privacy.

1. (1) Public report.

   1. (i) Subject to paragraph (b)(1)(ii) of this section, the State must—

      1. (A) Report annually to the public on the performance of each EIS program 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 State's submission of its annual performance report to the Secretary under paragraph (b)(2) of this section; and
      2. (B) Make the State's performance plan under § 303.701(a), annual performance reports under paragraph (b)(2) of this section, and the State's annual reports on the performance of each EIS program under paragraph (b)(1)(i)(A) of this section available through public means, including by posting on the Web site of the lead agency, distribution to the media, and distribution to EIS programs.
   2. (ii) If the State, in meeting the requirements of paragraph (b)(1)(i)(A) of this section, collects data through State monitoring or sampling, the State must include in its public report on EIS programs under paragraph (b)(1)(i)(A) of this section the most recently available performance data on each EIS program and the date the data were collected.
2. (2) State performance report. The State must report annually to the Secretary on the performance of the State under the State's performance plan.

3. (3) Privacy. The State must 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 are insufficient to yield statistically reliable information.

   (Approved by Office of Management and Budget under control number 1820-0578)

   (Authority: 20 U.S.C. 1416(b)(2)(B)-(C), 1442)